Pyramid Lake Paiute Tribal Council

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Post Office B ox 256

Nixon , Nevada 89424

Telephone: (775) 574-1000 I 574-1001 I 574-1002

F11X (775) 574-1008

RESOLUTION NO.:

PL 07-14

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

WHEREAS, the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16 of the

Indian Reorganization Act (25 U.S.C. § 476) and is Federally recognized by the United

States Government through the Secretmy of the Interior and the Bureau of Indian Affairs;

and

WHEREAS, the Pyramid Lake Paiute Tribe pursuant to A,ticle VJ, Section 1 (i) and U) of the

Constitution of the Tribe and Artic le V of the Bylaws of the Tribe, adopted by the

Pyramid Lake Tribe's Title TIT, Law and Order Code; and

WHEREAS,

the Tribal Council has estab lished the Law & Order Committee, a standing committee of

the Tribe with the responsibility to review the Law & Order Code and recommend

changes to the Code to improve its effectiveness and compliance with applicable Federal

law; and

WHEREAS,

the Law & Order Committee has determined it necessary to amend the Law & Order

Code, Title 3, Chapter 11 - Sex Offender Registration & Notification Act to ensure

compliance with applicable Federal law, and recommends approval of the amendment,

attached hereto and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED THAT the Pyramid Lake Paiute Tribal Council hereby

approves the amendment to the Pyramid Lake Paiute Tribe's Law & Order Code, Title 3, Chapter 11- Sex

Offender Registration & Notification Act, attached hereto and incorporated herein as recommended by

the Law & Order Committee.

BE IT FURTHER RESOLVED THAT this amendment will supersede the previous version of Chapter

11 in its entirety effective this date forth .

BE IT FINALLY RIESOLVED THAT the Tribal Chairman or his designee is hereby authorized to

effectuate any and all administrative tasks necessary to implement the intent of this Resolution.

CERTIFICATION

It is hereby ce1tified that the forgoing resolution of the Pyramid Lake Paiute Tribal Council, governing

body of the Pyramid Lake Paiute Tribe, composed of ten members of whom _5__, constituting a

quorum, were present on the J.:1_ day of . )1~~'\\.Ul. i~\

, 2014 was adopted by a vote of

for;

_::ft:_ opposed; ..-9- abstentions; pursuant to the authority contained in the Constitution and By-Laws

of the Pyramid Lake Paiute Tribe.

Giha Wadsworth, Tribal Secretary

Pyramid Lake Paiute Triba l Council

LAW AND ORDER CODE

TITLE 3

CHAPTER. 11 - SEX OFFENDER. REGISTRATION & NOTIFICATION ACT

§ 11.100.

TITLE.

This Chapter shall be known as the Sex Offender Registration and Notification Act.

§ 11.102.

Purpose.

The intent of this Chapter is to implement the Federal Sex Offender Registration and Notification

Act (SORNA) and shall be interpreted liberally to comply with the terms and conditions of the Act

as presently written or hereafter amended.

§ 11.104.

Need,

Violent crime in Indian Country is more than twice the national average. On some reservations it

is twenty times the national average. An astounding thirty percent of Indian and Alaskan Native

women will be raped in their lifetimes. Eighty-six percent of the perpetrators of these crimes are

non-Indian. Tribal nations are disproportionately affected by violent crime and sex offenses in

particular from both Indian and non-Indian perpetrators, consequently, the conduct and presence

of convicted sex offenders in Indian Country threatens the political integrity, economic security,

health and welfare of tribal nations even to the point of imperiling the subsistence of tribal

communities.

§ 11.106

Creation of Registries.

A. Sex Offender Registry. There is hereby established a sex offender registry, which the Pyramid

Lake Police Department shall maintain and operate pursuant to the provisions of this code, as

amended.

B. Public Sex Offender Registry Website. There is hereby established a public sex offender

registry website, which the Pyramid Lake Police Department shall maintain and operate

pursuant to the provisions of this code, as amended.

§ 11.200.

TERMil\mlOGY AND COVERED OFFENSES.

§ 11.202.

Definitions.

Convicted. An adult sex offender is "convicted" for the purpose of this Chapter if the sex

offender has been subject to penal consequences based on the conviction. This includes

convictions of juveniles who are prosecuted as adults, or any juvenile adjudicated

delinquent for a sex offense, but only if the offender is 14 years of age or older at the time

of the offense and the offense adjudicated was comparable to or more severe than

aggravated sexual abuse (as described in either (a) or (b) of section 2241 of title 18,

United States Code), or was an attempt or conspiracy to commit such an offense.

Employee. The term "employee" as used in this Chapter includes, but is not limited to, an

individual who is self-employed or works for any other entity, regardless of compensation

including but not limited to volunteers, interns, externs, and apprentices.

Immediate. "Immediate" and "immediately" mean within 3 business days.

Page 1 of 18

Imprisonment. The term "imprisonment" refers to incarceration pursuant to a conviction,

regardless of the nature of the institution in which the offender serves the sentence. The

term is to be interpreted broadly to include, for example, confinement in a state "prison"

as well as in a local or tribal "jail".

Jurisdiction. The term "Jurisdiction" as used in this code refers to the 50 states, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the

Northern Mariana Islands, the United States Virgin islands, and any Indian tribe, including

the Pyramid Lake Paiute Tribe.

Minor. The term "minor" means an individual who has not attained the age of 18 years.

Resides. The term "reside" or "resides" means, with respect to an individual, the location

of the individual's home or other place where the individual habitually lives or sleeps. This

includes sex offenders who visit the reservation for a period of 24 hours or more.

Sex Offense. The term "sex offense" as used in this Code is limited to those offenses

contained in Section§ 111(5) of SORNA.

Sex Offender. A person convicted of a sex offense is a "sex offender".

Sexual Act.

The term "sexual act" has the same meaning as the definition for "sexual

act" contained in 18 U.S.C. §2246.

Sexual Contact.

The term "sexual contact" has the same meaning as the definition for

"sexual contact" contained in 18 U.S.C. §2246.

Student. A "student" is a person who enrolls in or attends either a private or public

education institution, including a secondary school, trade or professional school, or an

institution of higher education.

SORNA. "SORNA" means Title I of the Adam Walsh Child Protection and Safety Act of

2006 (PL 109-248), the Sex Offender Registration and Notification Act.

SORNA. The Sex Offender Registration and Notification Act (Title I of the Adam Walsh

Child Protection and Safety Act of 2006 P.L. 109-248), 42 U.S.C. §16911 et. seq., as

amended.

Sex Offender Registry. The term "sex offender registry" means the registry of sex

offenders, and a notification program, maintained by the Pyramid Lake Police Department

National Sex Offender Registry (NSOR). The national database maintained by the Attorney

General of the United States pursuant to 42 U.S.C. §16919.

SMART Office. The Office of Sex Offender Sentencing, Monitoring, Apprehending,

Registering, and Tracking, which was established within the United States Department of

Justice under the general authority of the Attorney General of the United States pursuant

to 42 U.S.C. §16945.

Dru Sjodin National Sex Offender Public Website (NSOPW). The public website maintained

by the Attorney General of the United States pursuant to 42 U.S.C. §16920.

"Tier 1 Sex Offender". A "tier 1 sex offender", or a "sex offender" designated as "tier 1", is

one that has been convicted of a "tier 1" sex offense as defined in § 11.302.

"Tier 2 Sex Offender". A "tier 2 sex offender", or a "sex offender" designated as "tier 2", is

one that has been either convicted of a "tier 2" sex offense as defined in §11.304, or who

is subject to the recidivist provisions of §11.304(A).

Page 2 of 18

"Tier 3 Sex Offender". A "tier 3 sex offender", or a "sex offender" designated as "tier 3", is

one that has been either convicted of a "tier 3" sex offense as defined in §11.306, or who

is subject to the recidivist provisions of §11.306(A).

§ 11.204.

Covered Offenses.

Offenders who reside, are employed, or attend school within the exterior boundaries of the

reservation or on property owned by the Tribe in fee or in trust regardless of location, or

offenders who visit the reservation for a period of 24 hours or more that have been convicted of

the following offenses, or convicted of an attempt or conspiracy to commit any of the following

offenses, are subject to the requirements of this Chapter:

Pyramid Lake Paiute Tribe Offenses. A conviction for any of the following offenses:

3.04.202

(Abduction, when the victim is a minor)

3.04.206

(Battery, when the 'harmful or offensive contact' involves sexual

conduct or a sexual act as defined in §11.202)

Federal Offenses. A conviction for any of the following, and any offenses prosecuted under

the Assimilative Crime Act (18 U.S.C. § 1152 or § 1153), and any other offense hereafter

included within SORNA:

18 U.S.C. § 1591 (sex trafficking of children);

18 U.S.C. § 2241 (aggravated sexual abuse);

18 U.S.C. § 2242 (sexual abuse);

18 U.S.C. § 2243 (sexual abuse of a minor or ward);

18 U.S.C. § 2244 (abusive sexual contact);

18 U.S.C. § 2245 (offenses resulting in death);

18 U.S.C. § 2251 (sexual exploitation of children);

18 U.S.C. § 2251A (selling or buying of children);

18 U.S.C. § 2252 (material involving the sexual exploitation of a minor);

10.

18 U.S.C. § 2252A (material containing child pornography);

11.

18 U.S.C § 2252B (misleading domain names on the internet);

12.

18 U.S.C. § 2252C (misleading words or digital images on the internet);

13.

18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import

into the United States);

14.

18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity);

15.

18 U.S.C. § 2242 (coercion and enticement of a minor for illegal sexual activity);

16.

18 U.S.C. § 2423 (transportation of minors for illegal sexual activity, etc.);

Page 3 of l 8

17.

18 U.S.C. § 2424 (failure to file factual statement about an alien individual); and

18.

18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual

conduct).

Foreign Offenses. Any conviction for a sex offense involving any conduct listed in § 11.204

(F) which was obtained under the laws of Canada, the United Kingdom, Australia, New

Zealand, and any foreign country where the United States State Department, in its

Country reports on Human Rights Practices, has concluded that an independent judiciary

general (or vigorously) enforced the right to a fair trial in that country during the year in

which the conviction occurred.

Military Offenses. Any military offense specified by the Secretary of Defense under Section

115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951).

Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a

sex offense, that is comparable to or more severe than the federal crime of aggravated

sexual abuse (as codified in 18 U.S.C. § 2241) and committed by a minor who is 14 years

of age or older.

Jurisdiction Offenses.

that involves:

Any sex offense committed in any jurisdiction, including the Tribe,

Any type or degree of genital, oral, or anal penetration;

Any sexual touching of or contact with a person's body, either directly or through

the clothing;

Kidnapping of a minor;

False imprisonment of a minor;

Solicitation to engage a minor in sexual conduct understood broadly to include any

direction, request, enticement, persuasion, or encouragement of a minor to engage

in sexual conduct;

Use of a minor in a sexual performance;

Solicitation of a minor to practice prostitution;

Video voyeurism of a minor as described in 18 U.S.C. § 1801;

Possession, production, or distribution of child pornography;

10.

Criminal sexual conduct that involves physical contact with a minor or the use of

the internet to facilitate or attempt such conduct; this includes offenses whose

elements involve the use of other persons in prostitution, such as pandering,

procuring, or pimping in cases where the victim was a minor at the time of the

offense;

11.

Any conduct that by its nature is a sex offense against a minor; and,

12.

Any offense similar to those outlined in:

18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

18 U.S.C. § 1801 (video voyeurism of a minor);

Page 4 of 18

18 U.S.C. § 2241 (aggravated sexual abuse);

18 U.S.C. § 2242 (sexual abuse);

18 U.S.C. § 2244 (abusive sexual contact);

18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution); or,

18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).

§ 11.300.

TIIEIR.IED OIFF!ENSIES.

§ 11.302.

Tier 1 Offenses.

Sex Offenses. A "Tier 1" offense includes any sex offense for which a person has been

convicted by any jurisdiction, local government, or qualifying foreign country pursuant to §

11.204 (C) that involves any sexual act or sexual contact with another person that is not

included in § § 11.304 or 11.306.

Offenses Involving Minors. A "Tier 1" offense also includes any offense for which a person

has been convicted by a jurisdiction, local government, or qualifying foreign country

pursuant to § 11.204 (C) that involves the false imprisonment of a minor, video voyeurism

of a minor, or possession or receipt of child pornography.

Certain Federal Offenses. Conviction for any of the following Federal offenses shall be

considered "Tier 1" offenses:

18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

18 U .S.C. § 1801 (video voyeurism of a minor);

18 U.S.C. § 2252 (material involving the sexual exploitation of a minor);

18 U.S.C. § 2252A (material containing child pornography);

18 U.S.C. § 2252B (misleading domain names on the internet);

18 U.S.C. § 2252C (misleading words or digital images on the internet);

18 U.S.C. § 2422(a) (coercion to engage in prostitution);

18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct);

18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places);

10.

18 U.S.C. §2423(d) (arranging, etc., the travel in interstate commerce of an adult

for the purpose of engaging in illicit conduct for financial gain):

11.

18 U.S.C. § 2424 (failure to file factual statement about an alien individual); or,

12.

18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual

conduct).

Certain Military Offenses. Any military offense specified by the Secretary of Defense under

Section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 u.s.c. §951) that is similar to those

offenses outlines in§ 11.302 (A), (B), or (C) shall be considered "Tier 1" offenses.

Page 5 of 18

§ 11.304.

Tier 2 Offenses.

Recidivism and Felonies. Unless otherwise covered by § 11.306, any sex offense, which is

not the first sex offense for which a person has been convicted, that is punishable by more

than one year in jail is considered a "Tier 2" offense.

In the case of subsequent

convictions from any tribal court, the offense shall be treated as if it is punishable by more

than one year in jail if a substantially similar Nevada State or Federal offense is punishable

by more than one year.

Offenses Involving Minors. A "Tier 2" offense includes any sex offense for which a person

has been convicted by a jurisdiction, local government, or qualifying foreign country

pursuant to§ 11.204 that involves:

The use of minors in prostitution, including solicitations;

Enticing a minor to engage in criminal sexual activity;

Sexual contact with a minor 13 years of age or older, whether direct or through the

clothing, that involves the intimate parts of the body;

The use of a minor in a sexual performance; or,

The production for distribution of child pornography.

Certain Federal Offenses. Conviction for any of the following federal offenses shall be

considered "Tier 2" offenses:

18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion)

18 U.S.C. § 2244 (abusive sexual contact);

18 U.S.C. § 2251 (sexual exploitation of children);

18 U.S.C. § 2251A (selling or buying of children);

18 U.S.C. § 2252 (material involving the sexual exploitation of a minor);

18 U.S.C. § 2252A (material containing child pornography);

18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import

into the United States);

18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity);

18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution);

10.

18 U.S.C. § 2423 (a) (transporting a minor to engage in illicit conduct);

11.

18 U.S.C. § 2423 (c) (transportation of a minor ancillary offenses); or

12.

18 U.S.C. §2423(d) (arranging, etc., the travel in interstate commerce of an minor

for the purpose of engaging in illicit conduct for financial gain)

Certain Military Offenses. Any military offense specified by the Secretary of Defense under

Section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951) that is similar to those

offenses outlined in § 11.304 (A), (B), or (C) shall be considered "Tier 2" offenses.

Page 6 of 18

§ 11.306,

Tier 3 Offenses.

Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail

where the offender has at least one prior conviction for a Tier 2 sex offense is a "Tier 3"

offense. In the case of subsequent convictions from any tribal court, the offense shall be

treated as if it is punishable by more than one year in jail if a substantially similar Nevada

State or Federal offense is punishable by more than one year.

General Offenses. A "Tier 3" offense includes any sex offense for which a person has been

convicted by a jurisdiction, local government, or qualifying foreign country pursuant to §

11.204 (C) that involves:

Non-parental kidnapping of a minor;

A sexual act with another by force or threat;

A sexual act with another who has been rendered unconscious or involuntarily

drugged, or who is otherwise incapable of appraising the nature of the conduct or

declining to participate; or,

Sexual contact with a minor 12 years of age or younger, including offenses that

cover sexual touching of or contact with the intimate parts of the body, either

directly or through the clothing.

Certain Federal Offenses. Conviction for any of the following federal offenses shall be

considered "Tier 3" offenses:

18 U.S.C. § 2241 (aggravated sexual abuse);

18 U.S.C. § 2242 (sexual abuse);

18 U.S.C. §2243 (sexual abuse of a minor or ward); or,

Where the victim is 12 years of age or younger, 18 U.S.C. § 2244 (abusive sexual

contact).

Certain Military Offenses. Any military offense specified by the Secretary of Defense under

Section 115(a)(S)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951) that is similar to those

offenses outlined in§ 11.304 (A), (B), or (C) shall be considered "Tier 3" offenses.

§ 11.400.

RIEQUIRIEID INFORMATION.

§ 11.402.

General Requirements.

Duties. A sex offender covered by this Chapter who is required to register with the

Tribe pursuant to Chapter 5 shall provide all of the information detailed in this chapter to the

Tribal Police Department, and the Tribal Police Department shall obtain all of the information

detailed in this chapter from covered sex offenders who are required to register with the Tribe in

accordance with this Code.

Digitization. All information obtained under this Chapter shall be, at a minimum,

maintained by the Police Department in digitized format.

Electronic Database. A sex offender registry shall be maintained in an electronic

database by the Tribal Police Department and shall be in a form capable of electronic

transmission, or otherwise electronically accessible by other jurisdictions.

Page 7 of 18

§ :U.404.

Criminal History.

Criminal History. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's sex offense criminal

history:

§ 11.406.

The date of the arrest;

The date of all convictions;

The sex offender's status of parole, probation, or supervised release;

The sex offender's registration status; and,

Any outstanding arrest warrants.

Date of Birth.

Date of Birth. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's date of birth:

§ 11.408.

The sex offender's actual date of birth; and,

Any other date of birth used by the sex offender.

DNA Sample.

DNA. If the sex offender's DNA is not already contained in the Combined DNA

Index System (CODIS), the sex offender shall provide the Tribal Police a sample of his DNA.

CODIS. Any DNA sample obtained from a sex offender shall be submitted to an

appropriate laboratory for analysis and entry of the resulting DNA profile in to CODIS.

§11.410.

Driver's license,

Documents.

Identification

Cards,

Passports,

and

Immigration

Driver's License. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, a photocopy of all of the sex offender's valid driver's licenses issued by any

jurisdiction.

Identification Cards. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, a photocopy of any identification card including the sex offender's tribal

enrollment card issued by any jurisdiction.

Passports. The Tribal Police Department shall obtain, and a covered sex offender

shall provide, a photocopy of any passports issued to or used by the sex offender.

Immigration Documents. The Tribal Police Department shall obtain, and a covered

sex offender shall provide, a photocopy of any and all immigration documents.

§ 11.412.

Employment Information.

Employment.

The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's employment, to

include any and all places where the sex offender is employed by any means including volunteer

and unpaid positions:

Page 8 of 18

§ 11.414.

The name of the sex offender's employer;

The address of the sex offender's employer; and,

Similar information related to any transient or day labor employment.

finger and Palm Prints.

Finger and Palm Prints. The Tribal Police Department shall obtain, and a covered

sex offender shall provide, both finger and palm prints of the sex offender on standardized finger

and palm print cards.

§ 11.416.

Internet Identifiers.

Internet Names. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's Internet-related

activity:

§ 11.418.

Any and all email addresses used by the sex offender;

Any and all Instant Message addresses and identifiers;

Any and all other designations or monikers used for self-identification in

Internet communications or postings; and,

Any and all designations used by the sex offender for the purpose of routing

or self-identification in Internet communications or postings.

Name.

Name. The Tribal Police Department shall obtain, and a covered sex offender shall

provide, the following information related to the sex offender's name:

§ 11.420.

The sex offender's birth name;

The sex offender's current legal name used;

Any and all nicknames, aliases, and pseudonyms regardless of the context in

which it is used; and,

Any and all ethnic or tribal names by which the sex offender is commonly

known. This does not include any religious or sacred names not otherwise

commonly known.

Telephone Numbers.

Telephone Numbers. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's telephone numbers:

§ 11.422.

Any and all telephone numbers; and,

Any and all cellular telephone numbers.

!Picture.

Page 9 of J8

Photograph. The Tribal Police Department shall obtain, and a covered sex offender

shall provide, a current photograph of the sex offender.

Update Requirements. Unless the appearance of a sex offender has not changed

significantly, a digitized photograph shall be collected:

§ 11.424.

Every 90 days for Tier 3 sex offender;

Every 180 days for Tier 2 sex offenders; and,

Every year for Tier 1 sex offenders.

Physical Descriptim1.

Physical Description. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, an accurate description of the sex offender as follows:

§ 11.426.

A physical description;

A general description

characteristics; and,

Any identifying marks, such as, but not limited to, scars, moles, birthmarks,

or tattoos.

of the

sex offender's

physical

appearance

Professional licensing Information.

Professional Licenses. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, all licensing of the sex offender that authorizes the sex offender to engage

in an occupation or carry out a trade or business.

§ 11.428.

Address.

Address. The Tribal Police Department shall obtain, and a covered sex offender

shall provide, the following information related to the sex offender's residence:

§ 11.430.

The address of each residence at which the sex offender resides or will

reside; and,

Any location or description that identifies where the sex offender habitually

resides regardless of whether it pertains to a permanent residence or

location otherwise identifiable by a street or address.

School.

School Location. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender's school:

§ 11.432.

The address of each school where the sex offender is or will be a student;

and,

The name of each school the sex offender is or will be a student.

Socia! Security Number.

Social Security. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information:

Page 10 of 18

§ 11.434.

A valid social security number for the sex offender; and,

Any social security number the sex offender has used in the past, valid or

otherwise.

Temporary lodging.

Lodging Information. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information when the sex offender will be absent from his

residence for 3 days or more:

Identifying information of

addresses and names; and,

the

temporary

lodging

location

including

The dates the sex offender will be staying at each temporary lodging

location.

Travel Abroad. In the event the sex offender will be traveling abroad for any period

of time, the sex offender shall notify the Tribal Police Department of their intent to travel abroad

at least 21 days prior to actual departure date. If the sex offender travels abroad frequently, the

sex offender may apply through the SMART Office for travel notification. Tribal Police will

immediately notify the United States Marshals Service and any other jurisdiction where the sex

offender is either registered, or is required to register, of that updated information.

§ 11.436.

Offense Information.

Offense Information. The Tribal Police Department shall obtain the text of each

provision of law defining the criminal offense(s) for which the sex offender is registered.

SORNA Database. The text of each provision of law mentioned in § 11.436 (A)

shall be cross linked to the SORNA Database containing the text of relevant sex related laws for

all jurisdictions.

§ 11.438.

Vehicle Information.

Detailed Information. The Tribal Police Department shall obtain, and a covered sex

offender shall provide, the following information related to all vehicles owned or operated by the

sex offender for work or personal use including land vehicles, aircraft, and watercraft:

§11.440

License plate numbers;

Registration numbers or identifiers;

General description of the vehicle to include color, make, model, and year;

and,

Any permanent or frequent locations where any covered vehicle is kept.

Sex Offender Acknowledgement Form

The sex offender shall read, or have read to them, and sign a form stating that the

duty to register has been explained to them and that the sex offender understands the

registration requirement.

The form shall be signed and dated by the Pyramid Lake Paiute Tribal Police

personnel registering the sex offender.

Page 11 of 18

The Pyramid Lake Paiute Tribal Police shall immediately upload

acknowledgement form into the Pyramid Lake Paiute Tribal Police sex offender registry.

§ 11.500.

REGISTRATION.

§ 11.502.

When Registration is Required.

the

Conviction. A sex offender must initially register if convicted of a covered sex

offense in Tribal Court regardless of the sex offender's actual or intended residency.

Incarceration. A sex offender must register if incarcerated while completing any

sentence for a covered sex offense arising out of Tribal Court, regardless of where they were

convicted.

Residence. A sex offender who resides within the exterior boundaries of the

Pyramid Lake Indian Reservation or on any property owned by, or in trust for, the Tribe

regardless or location, must register.

Employment. A sex offender who is employed within the exterior boundaries of the

Pyramid Lake Indian Reservation or with any entity owned by, or considered a branch of the

Tribe, regardless of location, must register.

School Attendance. A sex offender who is a student at any school within the

exterior boundaries of the Pyramid Lake Indian Reservation is required to register with that

jurisdiction.

§ 11.504.

Initial Registration.

Timing. A sex offender required to register with the Tribe under this Chapter shall

do so in the following time frame:

If incarcerated, before release from imprisonment for the registration

offense;

If not incarcerated, within 3 business days of sentencing for the registration

offense; or,

For foreign, federal, and military convictions, a sex offender must appear in

person at the Tribal Police Department within 3 business days of establishing

a residence on the reservation or tribal property after either release from

incarceration or, if not incarcerated, sentencing for purposes of complying

with this Chapter.

Duties of Tribal Police Department. The Tribal Police Department shall have policies

and procedures in place to ensure the following:

Any sex offender incarcerated or sentenced by the Tribe for a covered sex

offense completes their initial registration with the Tribe;

Any sex offender initially registering with the Tribe is informed of their duties

under SORNA and this Chapter, and that such duties under SORNA and this

Chapter are explained to them;

The sex offender reads and signs a form stating that the duty to register has

been explained to them and that the sex offender understands the

registration requirements;

That the sex offender is registered; and,

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§ 11.506.

That upon entry of the sex offender's information into the registry, that

information is immediately forwarded to all other jurisdictions in which the

sex offender is required to register due to the sex offender's residency,

employment, or student status.

Recapture.

The Tribal Police Department shall have in place policies and

procedures to ensure the following three categories of sex offenders are required:

Sex offenders incarcerated or under supervision of the Tribe, whether for a

covered sex offense 01· other crime;

Sex offenders already registered 01· subject to a pre-existing sex offender

registration requirement under the Tribe's laws; and,

Sex offenders reentering the justice system due to a new felony conviction.

Timing of Recapture. The Tribal Police Department shall ensure recapture of the

sex offenders mentioned in § 11.506 (A) within the following timeframe to be calculated from the

date of passage of this Chapter:

§ 11.508.

For Tier 1 sex offenders, 1 year;

For Tier 2 sex offenders, 180 days; and,

For Tier 3 sex offenders, 90 days.

Updating Registration Information.

Duty of Offender to Update.

All sex offenders required to register must

immediately appear at the Tribal Police Department in person to update any change in their

name, residence (including termination of residency), employment, school attendance, vehicle

information, temporary lodging, email addresses, telephone numbers, Instant Messaging

addresses, and any other media designation used in Internet communications, postings, or

telephone communications. In the event of a change in temporary lodging, the sex offender and

the Tribal Police Department shall immediately notify the jurisdiction in which the sex offender will

be temporarily staying.

Duties of Tribal Police Department. With regard to changes in a sex offender's

registration information, the Tribal Police Department shall immediately notify:

§ 11.510.

All jurisdictions where a sex offender intends to reside, work, or attend

school;

Any jurisdiction where the sex offender is either registered or required to

Specifically with respect to information relating to a sex offender's intent to

commence residence, school, or employment outside of the United States,

any jurisdiction where the sex offender is either registered or required to

also ensure this information is immediately updated on National Sex

Offender Registry (NSOR).

Failure to Appear For Registration and Absconding.

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Failure to Appear. In the event a sex offender fails to register with the Tribe as

required by this Chapter, the Tribal Police Department shall immediately inform the jurisdiction

that provided notification that the sex offender was to commence residency, employment, or

school attendance with the Tribe that the sex offender failed to appear for registration.

Absconding Sex Offenders. If the Tribal Police Department receives information

that a sex offender has absconded, the Tribal Police Department shall make an effort to

determine if the sex offender has actually absconded.

In the event no determination can be made, the Tribal Police Department

shall ensure other appropriate law enforcement agencies are notified.

If the information indicating the possible absconding came through notice

from another jurisdiction or Federal authorities, they shall be informed that

the sex offender has failed to appear and register.

If an absconding sex offender cannot be located, then the Tribal Police

Department shall take the following steps:

Update the registry to reflect the sex offender has absconded or is

otherwise not capable of being located;

Seek a warrant for the sex offender's arrest, and in the case of a

non-Indian, the U.S. Marshal's Service or the FBI shall be contacted

in an attempt to obtain a Federal warrant for the sex offender's

arrest;

Notify the U.S. Marshal's Service;

Update NSOR to reflect the sex offender's status as an absconder, or

is otherwise not capable of being located; and,

Enter the sex offender into the National Crime Information Center

Wanted Person File.

Failure to Register. In the event a sex offender who is required to register due to

their employment or school attendance status fails to do so or otherwise violates a registration

requirement of this Chapter, the Tribal Police Department shall take all appropriate follow-up

measures including those outlined in § 11.510 (B). The Tribal Police Department shall first make

an effort to determine if the sex offender is actually employed or attending school within the

exterior boundaries of the reservation or on a property owned by the Tribe in fee or trust

regardless of location.

§ 11.600.

VERIFICATION AND APPEARANCE REQUIREMENTS.

§ 11,602.

frequency.

Frequency. A sex offender who is required to register with the Tribe shall, at a

minimum, appear in person at the Tribal Police Department for purposes of keeping registration

current in accordance with the following time frames:

For "Tier 1" offenders, once every year for 15 years from the date of

conviction;

For "Tier 2" offenders, once every 180 days for 25 years from the date of

conviction; and,

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For "Tier 3" offenders, once every 90 days for the rest of their life.

Reduction of Registration Periods.

registration reduced as follows:

§ 11.604.

A sex offender may have their period of

A Tier 1 offender may have their period of registration and verification

reduced by 5 years if they have maintained a clean record for 10

consecutive years.

A Tier 3 offender may have their periods of registration and verification

reduced to 25 years if they were adjudicated delinquent of an offense as a

juvenile which required Tier 3 registration and they have maintained a clean

record for 25 consecutive years.

Clean Record. For purposes of Section § 11.602 (B) a person has a clean record if:

They have not been convicted of any offense for which imprisonment for

more than 1 year may be imposed; in cases of subsequent convictions from

any tribal court, the offense shall be treated as if it is punishable by more

than one year in jail if a substantially similar Nevada State or Federal

offense is punishable by more than one year;

They have not been convicted of any sex offense;

They have successfully completed, without revocation,

supervised release, probation, or parole; and,

They have successfully completed an appropriate sex offender treatment

program certified by a jurisdiction or by the United States Attorney General.

any period of

Requirements for in Person Appearances.

Photographs. At each in person verification, the sex offender shall permit the Tribal

Police Department to take a photograph of the offender.

Review of Information. At each in person verification, the sex offender shall review

existing information for accuracy.

Notification. If any information or change in information is obtained during an in

person verification, the Tribal Police Department shall immediately notify all other registration

jurisdictions of the information or change in information.

§ 11.700.

PUBLIC SEX OfflENDIER REGISTRY WEBSITE.

§ 11.702.

Website.

Website. The Tribal Police Department shall use and maintain a public sex offender

registry website. Any Tribal-specific national website provided or approved by the SMART Office

shall qualify as a public sex offender registry website under this Chapter.

resources.

Links. The registry website shall include links to sex offender safety and education

Instructions. The registry website shall include instructions on how a person can

seek correction of information that the individual contends is erroneous.

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Warnings.

The registry website shall include a warning that the information

contained on the website should not be used to unlawfully injure, harass, or commit a crime

against any individual named in the registry or residing or working at any reported addresses and

that any such action could result in civil or criminal penalties.

Search Capabilities. The registry website shall have the capability of conducting

searches by name, county, city, zip code, and geographic radius.

§ 11.704.

Required Prolhilbited Information.

Required Information. The following information shall be made available to the

public on the sex offender registry website:

Notice that an offender is in violation of their registration requirements or

cannot be located if the sex offender has absconded;

All sex offense(s) for which the sex offender has been convicted;

The sex offense(s) for which the sex offender is currently registered;

The address of the sex offender's employer(s);

The name of the sex offender including all aliases;

A current photograph of the sex offender;

A physical description of the sex offender;

The residential address and, if relevant, a description of a habitual residence

of the sex offender;

All addresses of schools attended by the sex offender; and,

10.

The sex offender's vehicle license plate number along with a description of

the vehicle.

Prohibited Information. The following information shall not be available to the

public on the sex offender registry website:

Any arrest that did not result in conviction;

The sex offender's social security number;

Any travel and immigration documents;

The identity of the victim; and,

Internet Identifiers.

Witness Protection. For sex offenders who are under a Witness Protection Program,

the Tribal Police Department will honor the request of the U.S. Marshal s Service or other agency

responsible for witness protection by not including the original identity of the offender of the

publicly accessible sex offender registry website.

§ 11.706.

Community Notification.

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Law Enforcement Community Notification. Whenever a sex offender registers or

updates their information with the Tribe, the Tribal Police Department shall:

Immediately notify the FBI and ensure the information is updated on NSOR;

Immediately notify any agency, department, or program within the Tribe

that is responsible for criminal investigation, prosecution, child welfare, or

sex offender supervision functions, including but not limited to Police,

whether BIA, Tribal, FBI, Tribal prosecutors, and Tribal probation;

Immediately notify any and all other registration jurisdictions due to the sex

offender's residency, school attendance, or employment; and,

Immediately notify national Child Protection Act agencies, which includes

any agency responsible for conducting employment-related background

checks under section 3 of the National Child Protection Act of 1993 (42

U.S.C. § 5119a).

Community Notifications. The Tribal Police Department shall ensure there is an

automated community notification process in place that ensures the following:

§ 11.800.

Upon a sex offender's registration or update of information with the Tribe,

the public registry website is immediately updated;

Email notice is available to the general public to notify them when a sex

offender commences residence, employment, or school attendance with the

Tribe, within a specified zip code, or within a certain geographic radius; this

email notice shall include the sex offender's identity;

Community notifications may also be made through public meetings that

may be held in a community affected by the sex offender's residence,

employment, or attendance in school; and,

Any minors adjudicated of any sex offenses under the SORNA requirements

shall not have their identity or personal information made public.

SANCTIONS.

§ 11.802

Crime. Any violation of a provision of this Chapter, including the provision of false

or misleading information, by a sex offender shall be considered a crime and subject to a penalty

of up to 1 year in jail or $5,000.

Civil Penalty. Any violation of a provision of this Chapter by a sex offender shall

also be considered a civil violation subject to enforcement by any means not prohibited by federal

law, including, but not limited to the issuance of fines, forfeitures, civil contempt, and exclusion.

§ 11.804.

Non-Sex Offender Related Crimes.

Harboring. A person is guilty of a crime punishable up to 1 year in jail or a $5,000

fine if they do any of the following:

l<nowingly harbor, attempt to harbor, or assist another in harboring or

attempting to harbor a sex offender who is in violation of this Chapter;

Page 17 of 18

Knowingly assist a sex offender in eluding a law enforcement agency that is

seeking to find the sex offender to question them about, or to arrest them

for, noncompliance with the requirements of this Chapter; or,

Knowingly provide false information to a law enforcement agency regarding

a sex offender.

Misuse of Registration Information. A person is guilty of a crime punishable by up

to 365 days in jail or a $5,000 fine if they do any of the following:

Willfully misuse or alter public record information relating to a sex offender

or sexual predator, or a person residing or working at an address reported

by a sex offender, including information displayed by law enforcement

agencies on web sites; or,

Sell or exchange sex offender information for profit.

§ 11.900.

IMMUNITY.

§ 11.902.

No Waiver of Imm11..m1ity.

No Waiver. Nothing in this Chapter shall be construed as a waiver of sovereign

immunity for the Pyramid Lake Paiute Tribe, its departments, agencies, employees, or agents.

§ 11.904.

Good fanth.

Good Faith Immunity. Any person acting in good faith under the terms of this

Chapter shall be immune from any civil liability arising out of such actions.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.