ONEIDA NATION PUBLIC MEETING NOTICE (2025)

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ONEIDA NATION PUBLIC MEETING NOTICE

THURSDAY, SEPTEMBER 10 at 12:15 pm

Find Public Mee ng Materials at

Oneida-nsn.gov/government/register/public mee ngs

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room

N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidana on.org

Ask Ques ons here

LOC@oneidana on.org

920-869-4417

SAFE NEIGHBORHOODS LAW

The purpose of the Safe Neighborhoods is not to impose a criminal penalty but rather to serve

the Nations compelling interest to promote, protect, and improve the health, safety, and welfare of the reservation population by prohibiting sex offenders from loitering or residing in

specified areas around locations where vulnerable populations, including children, regularly

congregate.

The Safe Neighborhoods Law will:

Prohibit a sex offender from being present or entering into specified prohibited locations, that are primarily focused on areas in which vulnerable populations, including

children, are known to congregate, while also providing exceptions for when a sex offender may enter a prohibited area.

Prohibit a sex offender from establishing a permanent residence or temporary residence

within two thousand five hundred (2,500) feet of any prohibited location, while also

providing exceptions for when a sex offender may have a residence less than two thousand five hundred (2,500) feet of any prohibited location.

Individuals may attend the public meeting for the proposed Safe Neighborhoods law in person

at the Norbert Hill Center, or virtually through Microsoft Teams. If you wish to attend the public meeting through Microsoft Teams please contact LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES THURSDAY, SEPTEMBER 17, 2026

During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida

Nation Secretarys Office or the Legislative Reference Office in person,

by U.S. mail, interoffice mail, or e-mail.

For more information on the proposed Safe Neighborhoods law amendments please review the public meeting

packet at oneida-nsn.gov/government/register/public meetings.

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SAFE NEIGHBORHOODS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Prohibit a sex offender from being present or entering into specified

prohibited locations, that are primarily focused on areas in which

vulnerable populations, including children, are known to congregate,

while also providing exceptions for when a sex offender may enter a

prohibited area. [3 O.C. 310.4];

 Prohibit a sex offender from establishing a permanent residence or

temporary residence within two thousand five hundred (2,500) feet of any

prohibited location, while also providing exceptions for when a sex

offender may have a residence less than two thousand five hundred

(2,500) feet of any prohibited location. [3 O.C. 310.5];

 Prohibits a person or entity from selling, leasing, subleasing, renting,

conveying, or otherwise allowing a sex offender to stay in any place,

structure, or part thereof with knowledge that it will be used as a

permanent residence or temporary residence by any sex offender that is

prohibited from establishing residence under this law. [3 O.C. 310.5-5];

 Provide a process to allow a sex offender to petition for a waiver of the

residence restriction to the Oneida Police Department Chief of Police, and

then appeal a denial of a waiver to the Oneida Public Safety and Security

Commission. [3 O.C. 310.6];

 Requires the Geographic Information System Department to develop and

maintain an official map of the reservation showing prohibited locations

and the resulting residency restrictions distances that is made available on

the Nation’s website. [3 O.C. 310.7]; and

 Provide for the enforcement of violations of this Law and subsequent

penalties that are available. [3 O.C. 310.8].

The purpose of this law is not to impose a criminal penalty but rather to serve

the Nation’s compelling interest to promote, protect, and improve the health,

safety, and welfare of the reservation population by prohibiting sex offenders

from loitering or residing in specified areas around locations where

vulnerable populations, including children, regularly congregate. This law

recognizes the right of sex offenders to reenter the community. Therefore,

through this law the Nation balances its responsibility to sex offenders with

its responsibility to protect the surrounding community by promoting

regulatory measures which provide protections for the community that do not

wholly prohibit sex offenders from being part of this community. [3 O.C.

310.1-1].

Oneida Police Department, Oneida Nation Judiciary, Geographical

Information Systems Department, Oneida Law Office, Comprehensive

Housing Division, Reservation Community

A public meeting has not yet been held.

A fiscal impact statement has not yet been requested.

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Expiration of Emergency

Legislation

The emergency adoption of the Safe Neighborhoods Law expires on August

25, 2026. There is one (1) opportunity for a six (6) month extension of the

emergency adoption of this Law.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Safe Neighborhoods law (“the Law”) was a new law for the Nation adopted on an

emergency basis for the purpose of not imposing a criminal penalty but rather to serve the Nation’s

compelling interest to promote, protect, and improve the health, safety, and welfare of the reservation

population by prohibiting sex offenders from loitering or residing in specified areas around locations

where vulnerable populations, including children, regularly congregate. [3 O.C. 310.1-1]. This Law

recognizes the right of sex offenders to reenter the community. Id. Therefore, through this Law the

Nation balances its responsibility to sex offenders with its responsibility to protect the surrounding

community by promoting regulatory measures which provide protections for the community that do

not wholly prohibit sex offenders from being part of this community. Id.

B. Request for Emergency Amendments. At the February 5, 2026, Oneida Business Committee work

session, the Oneida Business Committee was made aware by the Oneida Law Office and Oneida Police

Department that a Senior Probation and Parole Agent with the Wisconsin Department of Corrections Division of Community Corrections, notified the Oneida Police Department of the pending release of

a sex offender who has requested residence in a central location within the boundaries of the reservation.

This notification by the Wisconsin Department of Corrections brought to the forefront that the Nation

currently lacks any laws to regulate the presence and residency of sex offenders within the boundaries

of the reservation. The Oneida Business Committee was concerned regarding the safety and protection

of the community and forwarded this issue to the Legislative Operating Committee for consideration.

 The Legislative Operating Committee determined that the Safe Neighborhoods law should be

pursued on an emergency basis for the immediate preservation of the safety and general welfare of

the reservation population. The Legislative Operating Committee added the Safe Neighborhoods

law to its Active Files List with Jameson Wilson as the sponsor on February 23, 2026.

 The Oneida Business Committee adopted the Safe Neighborhoods law on an emergency basis on

February 25, 2026, through the adoption of resolution BC-02-25-26-C. The Oneida Business

Committee determined the emergency adoption of this Law was necessary for the immediate

preservation of the safety and general welfare of the reservation population since sex offenders are

a serious threat to the public safety of vulnerable populations, including children, if regulatory

measures are not in place that protect the community by reducing opportunity and temptation by

prohibiting sex offenders from being present on or residing in specified areas designated as places

where vulnerable populations commonly congregate. Observance of the requirements under the

Legislative Procedures Act for adoption of this Law was contrary to public interest and the process

and requirements of the Legislative Procedures Act could not be completed in time to allow the

proposed Safe Neighborhoods law to be adopted and implemented in time to best protect the

community.

 The emergency adoption of the Safe Neighborhoods law will expire on August 25, 2026. There

will be one (1) opportunity to extend the emergency adoption of the Safe Neighborhoods law for

an additional six (6) month period.

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SECTION 3. CONSULTATION AND OUTREACH

SECTION 4. PROCESS

A. Representatives from the following departments or entities participated in the development of the Law

and this legislative analysis:

 Oneida Police Department;

 Oneida Law Office;

 Geographic Information Systems Department; and

 Comprehensive Housing Division.

B. The following laws of the Nation were reviewed in the drafting of this analysis:

 Legislative Procedures Act;

 Eviction and Termination law;

 Public Peace law; and

 Citations Law.

C. Ordinances regarding sex offender restrictions and residency restrictions from the following

municipalities were reviewed in the development of this Law and legislative analysis:

 Allouez;

 Angelica;

 Ashwaubenon;

 Bellevue;

 Black River Falls;

 Brookfield;

 Cedarburg;

 Clintonville;

 Green Bay;

 Hobart;

 Howard;

 Kewaskum;

 Little Chute;

 Paddock Lake;

 Seymour; and

 Suamico.

A. The development of the proposed Safe Neighborhoods law complies with the process set forth in the

Legislative Procedures Act (LPA).

 On February 23, 2026, the Legislative Operating Committee conducted an e-poll entitled, Safe

Neighborhoods Law Emergency Adoption. The requested action of this e-poll was to add the Safe

Neighborhoods law to the Active Files list with Jameson Wilson as the sponsor; and approve the

Safe Neighborhoods law emergency adoption packet and forward to the Oneida Business

Committee for consideration. This e-poll was approved by Jonas Hill, Jennifer Webster, Kirby

Metoxen, and Jameson Wilson. Marlon Skenandore did not provide a response.

 On February 25, 2026, the Oneida Business Committee adopted a motion to adopt resolution # 0225-26-C Emergency Adoption of the Safe Neighborhoods Law.

 On March 4, 2026, the Legislative Operating Committee entered into the record the results of the

February 23, 2026, e-poll entitled, Safe Neighborhoods Law Emergency Adoption.

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On July 15, 2026, the Legislative Operating Committee approved the draft and the legislative

analysis of the Safe Neighborhoods law.

B. The following work meetings were held regarding the development of this law and legislative analysis:

 February 17, 2026: LOC work session with Oneida Law Office, Oneida Police Department, and

the Geographical Information Systems Department.

 February 18, 2026: LOC work session with Oneida Law Office, Oneida Police Department, and

the Geographical Information Systems Department.

 February 23, 2026: LOC work session.

 May 8, 2026: LOC work session with the Oneida Law Office, Geographical Information Systems

Department, Comprehensive Housing Division.

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SECTION 5. CONTENTS OF THE LEGISLATION



A. Purpose and Policy. The purpose of this Law is not to impose a criminal penalty but rather to serve

the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare of the

reservation population by prohibiting sex offenders from loitering or residing in specified areas around

locations where vulnerable populations, including children, regularly congregate. [3 O.C. 310.1-1].

This Law recognizes the right of sex offenders to reenter the community. Id. Therefore, through this

Law the Nation balances its responsibility to sex offenders with its responsibility to protect the

surrounding community by promoting regulatory measures which provide protections for the

community that do not wholly prohibit sex offenders from being part of this community. Id. It is the

policy of the Nation that due to the high rate of recidivism for sex offenders, the Nation declares that

sex offenders are a serious threat to the public safety of vulnerable populations, including children, if

regulatory measures are not in place that protect the community by reducing opportunity and temptation

by prohibiting sex offenders from being present on or residing in specified areas designated as places

where vulnerable populations commonly congregate. [3 O.C. 310.1-2].

 Effect. Overall, it is the goal of this Law to protect the public safety of the community, especially

vulnerable populations such as children. Sexual offenses are serious crimes that pose a large risk

to public safety.

 The Dru Sjodin National Sex Public Website1 provides information on sexual assault and

sexual offending, including the following statistics:

 As many as one (1) in four (4) girls and one (1) in twenty (20) boys experience sexual

abuse before age eighteen (18).

 Over their lifetime, nearly one (1) in five (5) women and one (1) in seventy-one (71) men

reported experiencing rape at some time in their lives.

 Approximately forty-five percent (45%) of women and twenty-two percent (22%) of men

reported experiencing sexual violence other than rape in their lifetime.

 Studies that have tracked adult sex offenders for longer periods of time show that the

likelihood of re-offense for another sex crime ranges from five percent (5%) after three (3)

years to twenty-four percent (24%) after fifteen (15) years.

 Compared to other crimes, sexual violence is the most underreported violent crime in the

United States. Approximately two (2) out of three (3) or sixty-five percent (65%) of adult

https://www.nsopw.gov/safety-and-education/questions-and-answers#6-0

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sexual assaults were not reported to the police between 2006-2010 and sixty-eight (68%)

of violent victimizations of youth aged twelve (12) through seventeen (17) (includes

rape/sexual assault, robbery and aggravated and simple assault) were not reported to police.

The National Crime Victimization Survey 2016 found that only twenty-three percent (23%)

of rapes and sexual assaults were reported to police.

 The National Sexual Violence Resource Center Website2 provides information on sexual

assault in the United States and, including the following statistics:

 One (1) in five (5) women in the United States experienced completed or attempted rape

during their lifetime.

 Nearly a quarter (24.8%) of men in the U.S. experienced some form of contact sexual

violence in their lifetime.

 Nationwide, eighty-one percent (81%) of women and forty-three (43%) of men reported

experiencing some form of sexual harassment and/or assault in their lifetime.

 One (1) in three (3) female victims of completed or attempted rape experienced it for the

first time between the ages of eleven (11) and seventeen (17).

 About one (1) in four (4) male victims of completed or attempted rape first experienced it

between the ages of eleven (11) and seventeen (17).

B. Sex Offender. The Law defines a sex offender as a person who is required to register under Wis. Stats.

§301.45 for any sexual offense or as otherwise ordered by a court or is found to have committed a sex

offense by another jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am); is required to

pursuant to Wis. Stats. §301.46 (2) and (2m); or within the ten (10) years prior to establishing a

permanent or temporary residence within the reservation, has been convicted of or found not guilty by

reason of disease or mental defect of a violation of Wis. Stats. §940.30 false imprisonment, if the victim

was a minor and not offender’s child, or Wis. Stats. §940.31 kidnapping, if the victim was a minor and

not offender’s child. [3 O.C. 310.3-1(i)].

 Effect. The Law clearly defines who the term sex offender applies to based on a person’s

requirement to register with the Wisconsin Sex Offender Registry and based on an individual’s

offense. The definition for sex offender requires the reader of the Law to also look to Wisconsin

statutes on how sex offenders are defined and handled. Wis. Stat §301.45(b) provides that a “sex

offense” means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.

940.22 (2), 940.225 (1), (2) or (3), 944.06, 944.18, 948.02 (1) or (2), 948.025, 948.05, 948.051,

948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am),

948.12, 948.125, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s.

940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the

victim’s parent.

C. Prohibited Locations. The proposed Law sets forth locations where sex offenders are prohibited from

entering or being present on. [3 O.C. 310.4-1]. Prohibited locations include a school; Tribal or other

licensed day care or childcare center; park or park facility; playground or green space otherwise

designated as a play or recreational area by the Nation’s Planning Department; athletic field, including

any practice field; library; community center; fitness center, recreation center, or gym; farmers market;

place of worship; or any other place designated by the Nation as a place where vulnerable populations,

https://www.nsvrc.org/statistics/

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including children, are known to congregate. Id. The Law then goes on to provide exceptions to the

prohibited locations to address situations in which the sex offender may be present in a prohibited

location and not found to be in violation of this Law. [3 O.C. 310.4-2].

 Effect. The prohibited locations provided for in this Law are areas in which vulnerable populations,

especially children, are known to congregate. Therefore, it is in the public’s best interest to prohibit

a sex offender from entering or being present at those locations. Allowing certain exceptions to the

prohibited locations ensure that a sex offender can still practice their basic rights like voting or

practicing their religion, and have access to various services that a sex offender may need.

D. Residence Restrictions. The Law provides that no sex offender shall establish a permanent residence

or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations. [3

O.C. 310.5-1]. For purposes of determining the minimum distance of separation required for the

permanent residence or temporary residence of a sex offender, the Law requires that a person measures

by following a straight line from the outer property line of the permanent residence or temporary

residence of the sex offender to nearest outer property line of the prohibited locations. [3 O.C. 310.52]. The Law then provides various exceptions for when a sex offender may actually reside within an

area that would otherwise be prohibited. [3 O.C. 310.5-3].

 Effect. The Law provides that no sex offender can live within two thousand five hundred (2,500)

feet of a prohibited location in an effort to reduce opportunity and temptation by prohibiting sex

offenders from residing in specified areas near places where vulnerable populations commonly

congregate. Below is a chart that demonstrates the various restrictions other Wisconsin

municipalities place on the residence of a sex offender:

SEX OFFENDER RESIDENCE RESTRICTIONS

Municipality

Residence Restriction Distance Requirements

Allouez

1500 feet

Angelica

2000 feet

Ashwaubenon

1500 feet

Bellevue

2500 feet

Black River Falls

750 feet

Brookfield

1400 feet

Cedarburg

200 feet

Clintonville

250 feet

Green Bay

1500 feet

Howard

2500 feet

Kewaskum

750 feet

Little Chute

2000 feet

Paddock Lake

1500 feet

Seymour

1500 feet

Suamico

1500 feet

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E. Prohibition of Sale, Lease, or Rental of Property. The Law provides that no person or entity shall sell,

lease, sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part

thereof with knowledge that it will be used as a permanent residence or temporary residence by any sex

offender that is prohibited from establishing residence under this Law.

 Effect. Due to the serious threats to public safety a sex offender could have on a community if

regulations are not in place and followed, the Law also places responsibility on a landlord, lessor,

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or owner of a property to not sell, lease, sublease, rent, convey, or otherwise allow a sex offender

to stay in any place where the sex offender would be prohibited. A landlord, lessor, or owner of a

property who violates this Law may be subject to receiving a citation from the Oneida Police

Department.

F. Waiver of Residence Restrictions. The Law allows a sex offender may request a waiver from the

residence restrictions of this law by submitting a written request for a waiver to the Oneida Police

Department prior to establishing a residence that would be in violation of this law. [3 O.C. 310.6-1]. A

sex offender is not allowed to, under any circumstance, be deemed to have established a residence that

would otherwise be in violation of this law without first having received permission as evidenced

through a waiver. [3 O.C. 310.6-1(a)]. A sex offender cited for residing within a restricted area without

first receiving a waiver shall not be eligible to receive a waiver thereafter. Id. The Law then provides

the timeline and the various factors the Chief of Police may consider when reviewing a waiver request.

[3 O.C. 310.6-2]. The Chief of Police can wither deny the waiver request, approve the waiver request,

or approve a waiver request subject to certain conditions. [3 O.C. 310.6-3]. If the Chief of Police denies

a waiver request, the sex offender may appeal the waiver decision made by the Chief of Police by

submitting a written appeal to the Oneida Public Safety and Security Commission. [3 O.C. 310.6-4].

The Oneida Public Safety and Security Commission then can make a decision to uphold the Chief of

Police’s denial of the waiver, or overturn the Chief of Police’s denial of the waiver and approve a

waiver or a waiver subject to conditions. [3 O.C. 310.6-4(b)]. The Law also allows the Chief of Police

to revoke a waiver of a residence restriction if the sex offender is found to have violated the conditions

of the waiver or there is probable cause to believe the sex offender has committed an additional violent,

heinous, or sexual criminal offense, which had occurred either before or after the waiver was issued. [3

O.C. 310.6-5].

 Effect. The Law allows a sex offender the opportunity and due process to request a waiver to

establish a residence in an otherwise prohibited area when no other exception exists.

G. Map of Prohibited Locations and Residence Restrictions. The Law requires that the Geographic

Information System Department maintain an official map of the reservation showing prohibited

locations and the resulting residency restriction distances. [3 O.C. 310.7-1]. The Geographic

Information System Department is required to review the map on an annual basis and update the map

to reflect any changes in the prohibited locations. [3 O.C. 310.7-1(a)]. The map is required to be made

available electronically on the Nation’s website. [3 O.C. 310.7-1(b)]. In regard to the map, the Law

provides that the absence of a location on the map is not a defense to enforcement under this law where

the sex offender is found to be within a prohibited location and circumstances make it clear that the sex

offender had actual notice of that prohibited location. [3 O.C. 310.7-2].

 Effect. The map will provide a visual reference of areas within the reservation that are prohibited

locations for sex offenders and the surrounding residency restriction distances required around each

prohibited location. The map serves as a tool for sex offenders, or anyone in the community, to

view what areas are protected throughout the reservation. Attached to the end of this legislative

analysis are maps created by the Geographic Information Systems Department showing prohibited

locations and resulting restricted residence areas in certain areas of the reservation. It is important

to note that the map required by this Law does not illustrate where sex offenders reside. To find

information regarding the location of specific sex offenders, or to conduct a geographical search to

determine the location of sex offenders in a designated area an individual may utilize the following

resources:

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

Wisconsin Department of Corrections Sex Offender Registry at the following link

https://appsdoc.wi.gov/public

 National Sex Offender Public Website at https://www.nsopw.gov/search-public-sex-offenderregistries

H. Enforcement and Penalties. The Law provides that an individual who violates any provision of this

Law may be subject to the issuance of a citation by an Oneida Police Department officer. [3 O.C. 310.81]. A citation for a violation of this Law or any orders issued pursuant to this Law may include fines

and other penalties, as well as conditional orders made by the Trial Court. [3 O.C. 310.8-1(a)]. A

citation for a violation of this law is required to be processed in accordance with the procedure contained

in the Nation’s Citations law. [3 O.C. 310.8-1(b)]. The Law requires that Oneida Police Department

provide notice to the Oneida Law Office of any citation, revocation, or conditioning of a waiver issued

to an individual located at a property rented or leased through the Comprehensive Housing Division.

[3 O.C. 310.8-1(c)]. Upon a finding by the Trial Court that a violation of this Law occurred, an

individual may be subject to penalties such as fines, community service, participation in counseling or

other programming, or any other as deemed appropriate by the Trial Court. [3 O.C. 310.8-2].

 Effect. The Law describes how enforcement will be handled through the use of citations, as well

as describes potential penalties for violations of this Law the Trial Court may impose on a violator.

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SECTION 6. EXISTING LEGISLATION

A. Related Legislation. The following laws of the Nation are related to the emergency amendments to this

Law:

 Legislative Procedures Act. The Legislative Procedures Act was adopted by the General Tribal

Council on January 7, 2013, for the purpose of providing a standard process for the adoption of

laws of the Nation which includes taking into account comments from members of the Nation and

input from agencies of the Nation. [1 O.C. 109.1-1, 109.1-2].

 The development of the Safe Neighborhoods law complies with the requirements of the

Legislative Procedures Act.

 Citations Law. The Citations law provides a process that governs all citations that fall under the

jurisdiction of the Oneida Nation. [8 O.C. 807.1-1]. It is the policy of the Nation to provide a

consistent process for handling citations of the Nation in order to ensure equal and fair treatment

to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2].

 The Safe Neighborhoods law provides that an individual who violates a provision of this

law may be subject to the issuance of a citation by an Oneida Police Department officer in

accordance with the Nation’s laws and policies governing citations. [3 O.C. 310.8-1].

 Any citations issues under the Safe Neighborhoods law must comply with the process for

handling citations as provided for in the Citations law.

 Eviction and Termination Law. The Eviction and Termination law provides consistent procedures

relating to the Nation’s rental and leasing programs for terminating a contract and/or evicting an

occupant which affords the applicant due process and protects all parties involved. [6 O.C. 610.11]. It is the Nation’s policy to provide fair termination and eviction processes that preserve the

peace, harmony, safety, health, general welfare and the Nation’s resources. [6 O.C. 610.1-2].

 The Eviction and Termination law provides that an owner may terminate the contract prior

to the contract term and evict the occupant, if the occupant violates the terms of the

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contract; is alleged to have violated any applicable law or rule; and/or is alleged to have

committed one or more nuisance activities.

 The Safe Neighborhoods law provides that no person or entity shall sell, lease, sublease,

rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part thereof

with knowledge that it will be used as a permanent residence or temporary residence by

any sex offender that is prohibited from establishing residence under this law. [3 O.C.

310.5-5].

 An individual who violates by Safe Neighborhoods law may be subject to the early

termination of a contract or eviction in accordance with the Eviction and Termination law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Deadline for Permanent Adoption of Legislation. The emergency adoption of this Law expires six (6)

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months after adoption. The emergency legislation may be renewed for an additional six (6) month

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period.

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 Conclusion: The Legislative Operating Committee will need to develop for adoption the permanent

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Law within the next six (6) to twelve (12) months.

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B. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC302

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. The Legislative Operating Committee has not yet requested a fiscal impact statement

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be developed.

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Title 3. Health & Public Safety - Chapter 310

SAFE NEIGHBORHOODS

310.1. Purpose and Policy

310.2. Adoption, Amendment, Repeal

310.3. Definitions

310.4. Prohibited Locations

310.5. Residence Restrictions

310.6. Waiver of Residence Restrictions

310.7. Map of Prohibited Locations and Residence Restriction

Distances

310.8. Enforcement and Penalties

310.1. Purpose and Policy

310.1-1. Purpose. The purpose of this law is not to impose a criminal penalty but rather to serve

the Nation’s compelling interest to promote, protect, and improve the health, safety, and welfare

of the reservation population by prohibiting sex offenders from loitering or residing in specified

areas around locations where vulnerable populations, including children, regularly congregate.

This law recognizes the right of sex offenders to reenter the community. Therefore, through this

law the Nation balances its responsibility to sex offenders with its responsibility to protect the

surrounding community by promoting regulatory measures which provide protections for the

community that do not wholly prohibit sex offenders from being part of this community.

310.1-2. Policy. It is the policy of the Nation that due to the high rate of recidivism for sex

offenders, the Nation declares that sex offenders are a serious threat to the public safety of

vulnerable populations, including children, if regulatory measures are not in place that protect the

community by reducing opportunity and temptation by prohibiting sex offenders from being

present on or residing in specified areas designated as places where vulnerable populations

commonly congregate.

310.2. Adoption, Amendment, Repeal

310.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by

resolution BC-02-25-26-C.-__-__-__-__.

310.2-2. This law may be amended or repealed by the Oneida Business Committee or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

310.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

310.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

310.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

310.3. Definitions

310.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Day” means calendar day.

(b) “Immediate family” means individual’s husband, wife, mother, father, son, daughter,

brother, sister, grandparent, grandchild, and any of the these relations attained through legal

adoption or marriage.

Constitution and Bylaws of the Oneida Nation, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

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authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17-A.

(d) “Nation” means the Oneida Nation.

(e) “Oneida Public Safety and Security Commission” means the entity made up of those

individuals appointed by the Oneida Business Committee to provide oversight regarding

the activities and actions of public safety and security operations throughout the

Reservation.

(f) “Park” means any outdoor area held open for use by the public, including, but not

limited to a public park, parkway, campground, recreation or open access space area,

beach, conservation area, lake access point, recreation trail/route, or Safe Route, by

whatever name such area is known by.

(g) “Permanent residence” means a place where the person abides, lodges, or resides for

fourteen (14) or more consecutive days.

(h) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

(i) “Sex offender” means a person who:

(1) Is required to register under Wis. Stats. §301.45 for any sexual offense or as

otherwise ordered by a court or is found to have committed a sex offense by another

jurisdiction within the meaning of Wis. Stats. §301.45(1d)(am);

(2) Is required to register under Wis. Stats. §301.45 and who has been designated a

special bulletin (SBN) sex offender pursuant to Wis. Stats. §301.46 (2) and (2m);

(3) Within the ten (10) years prior to establishing a permanent or temporary

residence within the reservation, has been convicted of or found not guilty by

reason of disease or mental defect of a violation of Wis. Stats. §940.30 False

Imprisonment, if the victim was a minor and not offender’s child, or Wis. Stats.

§940.31 kidnapping, if the victim was a minor and not offender’s child.

(j) “Temporary residence” means a place where the person abides, lodges or resides for a

period of four (4) or more days within a thirty (30) day period, or for a period of fourteen

(14) or more days during any calendar year and which is not the person's permanent

address.

(k) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

310.4. Prohibited Locations

310.4-1. Prohibited Locations. No sex offender shall enter or be present on any property upon

which there exists any:

(a) school;

(b) Tribal or other licensed day care or childcare center;

(d) playground or green space otherwise designated as a play or recreational area by the

Nation’s planning departmentPlanning Department;

(e) athletic field, including any practice field;

(f) library;

(g) community center;

(h) fitness center, recreation center, or gym;

(i) farmers market;

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(j) place of worship;

(k) any other place designated by the Nation as a place where vulnerable populations,

including children, are known to congregate.

310.4-2. Prohibited Locations Exceptions. A sex offender present in a prohibited location as

identified in section 310.4-1 of this law shall not be found to have committed an offense if any of

the following apply:

(a) The property also supports a place of worship, subject to the following conditions:

(1) Entrance and presence on the property may occur only during hours of worship

or other religious program or service; and

(2) The sex offender shall not participate in any religious education programs that

include individuals under the age of eighteen (18).

(b) The property also supports a use lawfully attended by the sex offender's natural or

adopted child, which child's use reasonably requires the attendance of the sex offender,

provided that entrance and presence on the property occurs only during hours of activity

related to the use by the child.

to the following conditions:

(1) The sex offender is eligible to vote;

(2) The polling location is the designated polling location for the sex offender; and

(3) The sex offender casts their ballot with whatever usual and customary

assistance is available and vacates the property immediately after voting.

(d) The property also supports a school lawfully attended by the sex offender as a student,

provided that the sex offender may only remain on the property at such times that are

reasonably required for their educational purposes.

(e) The property is accessed for use of a medical facility or clinic, behavioral health clinic,

police station, food security services, economic or social services, or other governmental

building not otherwise enumerated in 310.4-1 of this law, provided that the sex offender

vacates the property immediately after completing the activity or service that required their

presence at the property.

(1) Any department of the Nation in a property providing services as referenced in

the subsection above shall have a standard operating procedure regarding providing

for a sex offender’s access for services in these particular locations.

310.5. Residence Restrictions

310.5-1. Prohibited Location of Residence. No sex offender shall establish a permanent residence

or temporary residence within two thousand five hundred (2,500) feet of any prohibited locations

identified in section 310.4-1 of this law.

310.5-2. Measurement of Distance. For purposes of determining the minimum distance of

separation required for the permanent residence or temporary residence of a sex offender, the

requirement shall be measured by following a straight line from the outer property line of the

permanent residence or temporary residence of the sex offender to nearest outer property line of

the prohibited locations identified in section 310.4-1 of this law.

310.5-3. Residency Restriction Exceptions. A sex offender residing within an area otherwise

prohibited by this law does not commit an offense if any of the following apply:

(a) The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or

other facility located at the otherwise prohibited location.

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(b) The sex offender had established and registered a permanent residence within a

restricted area prior to the effective date of this law.

(1) In such circumstances, a sex offender who duly registered their permanent

residence address before residency restrictions were adopted by the Nation shall be

deemed to have received a waiver, provided that this waiver may be revoked in

accordance with section 310.6-5 of this law.

the sex offender established a permanent residence at the location and registered that

residence as required by law.

(d) The sex offender is a minor or ward under guardianship.

(e) The sex offender's most recent offense occurred more than ten (10) years ago and it

has been at least ten (10) years since the sex offender has completed any period of

incarceration or court mandated supervision for any offense.

310.5-5. Prohibition of Sale, Lease, or Rental of Property. No person or entity shall sell, lease,

sublease, rent, convey, or otherwise allow a sex offender to stay in any place, structure, or part

thereof with knowledge that it will be used as a permanent residence or temporary residence by

any sex offender that is prohibited from establishing residence under this law.

310.6. Waiver of Residence Restrictions

310.6-1. Petition for Residence Restriction Waiver. A sex offender may request a waiver from

the residence restrictions provided in section 310.5-1 of this law by submitting a written request

for a waiver, including any pertinent rationale for a waiver, to the Oneida Police Department prior

to establishing a residence that would be in violation of this law.

(a) A sex offender shall not, under any circumstance, be deemed to have established a

residence that would otherwise be in violation of this law without first having received

permission as evidenced through a waiver. A sex offender cited for residing within a

restricted area without first receiving a waiver shall not be eligible to receive a waiver

thereafter.

310.6-2. Review of Waiver Request. The Chief of Police or their designee shall conduct a review

of the request for a waiver using any pertinent information and the following factors related to the

Nation’s interest in promoting, protecting, and improving the health, safety, and welfare of the

community:

(a) The nature of the offense causing the individual to be a sex offender;

(b) Police reports related to the predicate offense if available;

(d) The age of the offense, offender, and victim;

(e) Recommendation of the probation or parole officer, if one exists;

(f) Recommendation of the police department;

(g) Recommendation of any treatment practitioner;

(h) Proposals for safety measures and assurances by the sex offender;

(i) Conditions to be placed on any exception or variance from the requirements of this law;

(j) Support systems in place by the sex offender;

(k) Who the sex offender will be or is living with at the prohibited location;

(l) Statements of the surrounding community or victim;

(m) Treatment, sobriety, or rehabilitative measures taken by the sex offender;

(n) The sex offender's current employment or social activities;

(o) The sex offender's criminal history; and

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(p) Whether the sex offender meets any of the exceptions provided for in this law.

310.6-3. Approval or Denial of Waiver. Within fourteen (14) days of receiving a waiver request,

the Chief of Police or their designee shall issue a written decision to the sex offender by first class

mail, to the address provided by the requestor, in regard to the request for a residence restriction

waiver.

(a) The decision of the Chief of Police or their designee shall be one (1) of the following:

(1) denial of the waiver;

(1) approval of the waiver; or

(2) approval of the waiver subject to necessary conditions.

(A) Conditions may include, but are not limited to, the following:

(i) curfew restrictions;

(ii) cohabitation restrictions or requirements;

(iii) sobriety restrictions;

(iv) conduct restrictions; and/or

(v) any other decision deemed reasonable and necessary by the

Chief of Police.

(b) Any request for a waiver which has not been approved, approved for a conditional

waiver, or denied by the Chief of Police or their designee within thirty (14) days of the

request shall be deemed to be denied unless the Chief of Police provides written notice to

the sex offender that a one (1) time extension of ten (10) days would be required to make

a decision on the waiver.

apply to the specific sex offender who had applied for the waiver at the requested residence

and shall not be transferable to any other or to any other location.

(d) A waiver expires when the sex offender who was granted the waiver changes their

residence.

310.6-4. Appeal of Waiver Decision. A sex offender may appeal the waiver decision made by the

Chief of Police or their designee by submitting a written appeal to the Oneida Public Safety and

Security Commission within ten (10) days from the date the waiver decision was postmarked.

(a) The Oneida Public Safety and Security Commission shall make a decision regarding

the appeal of the Chief of Police or their designee’s decision within fourteen (14) days of

receipt of the appeal.

(1) The Oneida Public Safety and Security Commission may use a one (1) time

extension of ten (10) days to make a decision on the waiver appeal by providing

written notice of the extension to the Chief of Police and the sex offender.

(b) The Oneida Public Safety and Security Commission shall make one of the following

decisions in regard to the appeal:

(1) Uphold the Chief of Police or their designee’s denial of the waiver; or

(2) Overturn the Chief of Police or their designee’s denial of the waiver and

approve:

(A) a waiver; or

(B) a waiver subject to conditions.

and provided to the sex offender and the Chief of Police.

310.6-5. Revocation of Waiver. A waiver issued by the Chief of Police or their designee or the

Oneida Public Safety and Security Commission may be revoked by the Chief of Police or their

designee if the sex offender is found to have violated the conditions of the waiver or there is

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probable cause to believe the sex offender has committed an additional violent, heinous, or sexual

criminal offense, which had occurred either before or after the waiver was issued.

(a) The Chief of Police or their designee shall provide written notice to the sex offender

that the exemption or conditional exemption has been revoked and/or further conditioned.

310.7. Map of Prohibited Locations and Residence Restriction Distances

310.7-1. The Geographic Information System Department shall maintain an official map of the

reservation showing prohibited locations and the resulting residency restriction distances.

(a) The Geographic Information System Department shall review the map on an annual

basis and update the map to reflect any changes in the prohibited locations.

(b) The map shall be made available electronically on the Nation’s website.

310.7-2. The absence of a location on the map shall not be a defense to enforcement under this

law where the sex offender is found to be within a prohibited location and circumstances make it

clear that the sex offender had actual notice of that prohibited location.

310.8. Enforcement and Penalties

310.8-1. Issuance of a Citation. An individual who violates any provision of this law may be

subject to the issuance of a citation by an Oneida Police Department officer.

(a) A citation for a violation of this law or any orders issued pursuant to this law may

include fines and other penalties, as well as conditional orders made by the Trial Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

provide notice to the Oneida Law Office attorney assigned to the Comprehensive Housing

Division of any citation, revocation, or conditioning of a waiver issued to an individual

located at a property rented or leased through the Comprehensive Housing Division.

(1) Any information or reports shared by the Oneida Police Department officer

with the Oneida Law Office attorney shall be redacted by the Oneida Law Office

attorney as agreed upon between the Oneida Law Office and the Oneida Police

Department Chief of Police prior to release to the Comprehensive Housing Division

for potential lease or rental enforcement.

310.8-2. Penalties. Upon a finding by the Trial Court that a violation of this law has occurred,

the individual may be subject to the following penalties:

(a) Fines. An individual may be ordered to pay a fine as a result of a violation of this law.

The Oneida Business Committee shall adopt through resolution a citation schedule which

sets forth specific fine amounts for violations of this law.

(1) All fines shall be paid to the Judiciary.

(2) Fines shall be paid within ninety (90) days after the order is issued or upheld

on final appeal, whichever is later.

(A) The ninety (90) day deadline for payment of fines may be extended if

an alternative payment plan is negotiated by the Oneida Law Office and

approved by the Trial Court.

(3) If an individual does not pay their fine the Trial Court may seek to collect the

money owed through the Nation’s garnishment and/or per capita attachment

process or any other collection process available to the Trial Court.

(4) Community service may be substituted for part or all of any fine at the minimum

wage rate of the Nation for each hour of community service.

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(b) Community Service. An individual may be ordered to perform community service.

Community service can be used in lieu of, or in addition to, a fine.

(1) All community service assignments shall be approved by the Trial Court. The

Trial Court shall give preference to culturally relevant community service

assignments or community service assignments that focus on the betterment of the

individual’s community.

(2) The Trial Court shall provide the individual a written statement of the terms of

the community service order, and a statement that the community service order is

monitored.

(3) The Trial Court’s community service order shall specify:

(A) how many hours of community service the individual is required to

complete;

(B) the time frame in which the hours shall be completed;

assignment;

(D) how the individual shall report their hours; and

(E) any other information the Trial Court determines is relevant.

counseling or any other program relevant and available to the Nation.

(d) Any other penalty as deemed appropriate by the Trial Court.

End.

Emergency Adopted – BC-02-25-26-C

Emergency Extended – BC-__-__-__-__

Adopted – BC-__-__-_--__

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