SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION (2026)

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Chapter 6.5

SEX OFFENDER REGISTRATION AND COMMUNITY NOTIFICATION

Sec. 6.5-1.

Sec. 6.5-2.

Sec. 6.5-3.

Sec. 6.5-4.

Sec. 6.5-5.

Sec. 6.5-6.

Sec. 6.5-7.

Sec. 6.5-8.

Sec. 6.5-9.

Sec. 6.5-10.

Sec. 6.5-11.

Sec. 6.5-12.

Sec. 6.5-13.

Sec. 6.5-14.

Policy.

Creation of registries.

Deﬁnitions.

Sex offender registration and covered offenses.

Tiered offenses.

Required information.

Frequency, duration and reduction.

Registration.

Failure to appear for registration and absconding.

Residency restrictions.

Community notiﬁcation.

Law enforcement notiﬁcation.

Immunities.

Failure to register.

CD6.5:1

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

(2)

Sec. 6.5-1. Policy.

Sex offenders present a clear and present danger to the mental, emotional and physical wellbeing of the members and residents of the Community. The policy of the Community Council is

that such behavior by any person shall not be

tolerated or excused. Nonmembers shall be on

notice that any violations shall be reported to the

proper state or federal authorities for immediate

action. Therefore the Community has adopted

this sex offender registration ordinance in order

to regulate such activities in conformity with the

Adam Walsh Child Protection and Safety Act of

2006, but this chapter is not intended to be

additional punishment.

(Ord. No. SRO-405-2012, § 6-149, 7-18-2012)

Sec. 6.5-2. Creation of registries.

(a) Sex offender registry established. There is

hereby established a sex offender registry, which

the Community police department shall maintain

and operate pursuant to the provisions of this

Community Code of Ordinances.

(b) Public website. There is hereby established

a public sex offender registry website, as authorized and implemented by SR-2941-2011, which

the Community police department shall maintain

and operate pursuant to the provisions of this

Community Code of Ordinances.

(Ord. No. SRO-405-2012, § 6-150, 7-18-2012)

Sec. 6.5-3. Deﬁnitions.

The following words, terms and phrases, when

used in this chapter, shall have the meanings

ascribed to them in this section, except where the

context clearly indicates a different meaning:

Absconder means a sex offender who has left a

registration jurisdiction without updating his or

her registration information as required by law

and cannot be located.

Convicted.

(1)

The term "convicted," as applied to an

adult sex offender, means the sex offender

has been subjected to penal consequences

based on the conviction, however the conviction may be styled.

Supp. No. 1

§ 6.5-3

The term "convicted," as applied to a

juvenile offender, means the juvenile offender is:

Prosecuted and found guilty as an

adult for a sex offense;

Adjudicated delinquent as a juvenile

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 18

USC 2241(a) or (b)), or was an attempt or conspiracy to commit such

an offense; or

Adjudicated delinquent as a juvenile

for a violation of a sex offense as

described in this Community Code of

Ordinances.

Dru Sjodin National Sex Offender Public Website (NSOPW) means the public website maintained by the Attorney General of the United

States pursuant to 42 USC 16920.

Employee includes, but is not limited to, an

individual who is employed by the Community,

self-employed or works for any other entity, regardless of compensation. Volunteers of a Community department, agency or organization are

included within the deﬁnition of employee for

registration purposes.

Foreign conviction means a conviction obtained

outside of the United States, notwithstanding

chapter 7 of this Community Code of Ordinances.

Immediate and immediately mean within three

business days.

Imprisonment means 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 federal, military, foreign, BIA,

private or contract facility, or a local or Community jail. Persons under "house arrest" following

conviction of a covered sex offense are required to

CD6.5:3

§ 6.5-3

COMMUNITY CODE OF ORDINANCES

"house arrest."

(2)

Contact between the mouth and the penis, the mouth and the vulva, or the

mouth and the anus;

Jurisdiction refers to the 50 states, the District

of Columbia, the Commonwealth of Puerto Rico,

Guam, American Samoa, the Commonwealth of

the Northern Mariana Islands, the United States

Virgin Islands, and any Indian Nation.

(3)

The penetration, however slight, of the

anal or genital opening of another by a

hand or ﬁnger or by any object, with an

intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual

desire of any person; or

(4)

The intentional touching, not through the

clothing, of the genitalia of another person that has not attained the age of 18

years with an intent to abuse, humiliate,

harass, degrade, or arouse or gratify the

sexual desire of any person.

Juvenile means an individual who has not

attained the age of 18 years.

Juvenile offender means a child who has been

adjudicated to have committed an act, which, if

committed by an adult, would be a criminal

offense.

Juvenile offense means an act by a child, which,

if committed by an adult, would be a criminal

offense.

National Sex Offender Registry (NSOR) means

the national database maintained by the Attorney

General of the United States and the Federal

Bureau of Investigations (FBI).

Resides means, with respect to an individual,

the location of the individual's home or other

place where the individual habitually lives or

sleeps.

Sex offender means a person convicted of a sex

offense.

Sex offense includes those offenses contained in

42 USC 16911(5) and those offenses of a sexual

nature under Community law, or the law of any

other jurisdiction. An offense involving consensual sexual conduct is not a sex offense for the

purposes of this chapter if the victim was an

adult, unless the adult was under the custodial

authority of the offender at the time of the offense,

or if the victim was at least 13 years old and the

offender was not more than four years older than

the victim.

Sexual act means:

(1)

Contact between the penis and the vulva

or the penis and the anus, and for purposes of this deﬁnition contact involving

the penis occurs upon penetration, however slight;

Supp. No. 1

Sexual contact means the intentional touching,

either directly or through the clothing, of the

genitalia, anus, groin, breast, inner thigh or buttocks of any person with an intent to abuse,

humiliate, harass, degrade or arouse or gratify

the sexual desires of any person.

Sex offender registry means the registry of sex

offenders, and a notiﬁcation program, maintained

by the Community police department.

SMART office means 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 USC 16945.

SORNA means the Sex Offender Registration

and Notiﬁcation Act (title I of the Adam Walsh

Child Protection and Safety Act of 2006 PL 109248), 42 USC 16901 et seq., as amended.

Student means 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 and includes interns, externs, or participants in apprenticeship programs who are

involved in educational or vocational activities in

the Community.

Tier 1 sex offender or sex offender designated as

tier 1 means a person that has been convicted of a

tier 1 sex offense as deﬁned in section 6.5-5(a).

CD6.5:4

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

§ 6.5-4

Tier 2 sex offender or sex offender designated

as tier 2 means a person that has been convicted

of a tier 2 sex offense as defined in section

6.5-5(b).

following sections of the previously

enacted Community Code of Ordinances:

Attempted rape pursuant to section

6-61.

Tier 3 sex offender or sex offender designated

as tier 3 means a person that has been convicted

of a tier 3 sex offense as defined in section

6.5-5(c).

(Ord. No. SRO-405-2012, § 6-151, 7-18-2012)

Rape pursuant to section 6-61.1.

Carnal knowledge of person under

18 years of age pursuant to section

6-66.

Unnatural sex act pursuant to 6-67.

Incest pursuant to section 6-68.

Oral copulation with a minor, or

aiding and abetting another's oral

copulation with a minor pursuant

to section 6-87.

Penetration of genital or anal opening of a minor by foreign object

pursuant to section 6-88.

Enticement for purposes of prostitution or procuring or procuring for

illicit intercourse by false pretenses

pursuant to section 6-90.

Sodomy with a child or aiding and

abetting sodomy with a child pursuant to section 6-90.

Unlawful sexual intercourse pursuant to section 6-90.1.

Lewd or lascivious acts or use of

force or violence pursuant to section

6-90.2.

Any conviction under the Code in

which the underlying facts admitted or found on the record involve

any sexual exploitation of a minor,

including, but not limited to, possessing, producing, or obtaining child

pornography.

Sec. 6.5-4. Sex offender registration and

covered offenses.

(a) Mandatory registration. Any individual

who resides within the exterior boundaries of the

reservation or otherwise resides on property

owned by the Community in fee or trust regardless of location; is employed within the exterior

boundaries of the reservation or on property

owned by the Community in fee or trust regardless of location; or who attends school within the

exterior boundaries of the Community or on

property owned by the Community in fee or trust

regardless of location, that has been convicted of,

admitted to under oath, or pleaded guilty or no

contest to a violation or attempted violation of

any of the registrable offenses provided in subsection (b) of this section or who has been convicted

of, admitted to under oath, or pleaded guilty or

no contest to an offense in any jurisdiction which

if committed within the Community or within

the state would be a violation or attempted

violation of the registrable sexual offenses

provided in subsection (b) of this section, must

For purposes of this chapter, an individual who is

required to register for any registrable sexual

offense will be known as a registrable sex

offender.

(b) Registrable sexual offenses. Individuals

convicted of any 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 Community Code of

Ordinances:

(1)

Offenses pursuant to the previously enacted

Code of Ordinances. Any violation of the

Supp. No. 2

CD6.5:5

(2)

Offenses pursuant to the current Code of

Ordinances. Any violation of the following sections of the Code of Ordinances:

Prostitution pursuant to section 6-62.

Indecent exposure pursuant to section 6-63.

Abusive sexual contact pursuant to

section 6-64.

§ 6.5-4

COMMUNITY CODE OF ORDINANCES

Sexual assault or aggravated sexual

assault pursuant to section 6-65.

18 USC 2252 (material involving

the sexual exploitation of a minor);

Incest pursuant to section 6-68.

Sexual contact with a child pursuant to section 6-87.

18 USC 2252(A) (material containing child pornography);

Sexual abuse of a child pursuant to

section 6-88.

18 USC 2252(B) (misleading domain

names on the internet);

Continuous sexual abuse of a child

pursuant to section 6-89.

18 USC 2252(C) (misleading words

or digital images on the internet);

18 USC 2260 (production of sexually explicit depictions of a minor

for import into the United States);

18 USC 2421 (transportation of a

minor for illegal sexual activity);

18 USC 2422 (coercion and enticement of a minor for illegal sexual

activity);

18 USC 2423 (Mann Act);

18 USC 2424 (failure to file factual

statement about an alien individual);

18 USC 2425 (transmitting information about a minor to further criminal

sexual conduct).

(3)

Child prostitution pursuant to section 6-90.

Any conviction under the Code in

which the underlying facts admitted or found on the record involve

any sexual exploitation of a minor,

including, but not limited to, possessing, producing, or obtaining child

pornography; or child abuse pursuant to section 6-82 where the abuse

as defined by section 6-82(c) includes

sexual abuse pursuant to sections

6-87, 6-88, 6-89 or 6-90.

Federal offenses. A conviction for any of

the following, and any other offense

hereafter included in the definition of the

term sex offense at 42 USC 16911(5):

18 USC 1591 (sex trafficking of

children);

18 USC 1801 (video voyeurism of a

minor);

18 USC 2241 (aggravated sexual

abuse);

18 USC 2242 (sexual abuse);

18 USC 2243 (sexual abuse of a

minor or ward);

18 USC 2244 (abusive sexual

contact);

18 USC 2245 (offenses resulting in

death);

18 USC 2251 (sexual exploitation of

children);

18 USC 2251(A) (selling or buying

of children);

Supp. No. 2

CD6.5:6

(4)

State or tribal offenses. Any violation

requiring registration under any state

statute or pursuant to an order of conviction from a state or tribal criminal

proceeding.

(5)

Foreign offenses. Any conviction for a sex

offense involving any conduct listed in

this section that was obtained under the

laws of Canada, the United Kingdom,

Australia, New Zealand, or under the

laws of any foreign country when the

United States State Department in its

Country Reports on Human Rights

Practices has concluded that an

independent judiciary generally or vigorously enforced the right to a fair trial in

that country during the year in which

the conviction occurred.

(6)

Military offenses. Any military offense

specified by the Secretary of Defense

under section 115(a)(8)(C)(i) of Public

Law 105-119 (codified at 10 USC 951

note).

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

(7)

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 USC 2241) and committed by a

minor who is 14 years of age or older at

the time of the offense. This includes

engaging in a sexual act with another by

force or the threat of serious violence; or

engaging in a sexual act with another by

rendering unconscious or involuntarily

drugging the victim.

(Ord. No. SRO-405-2012, § 6-152, 7-18-2012;

Ord. No. SRO-466-2015, 6-24-2015)

Sec. 6.5-5. Tiered offenses.

(a) Tier 1 offenses.

(1)

Sex offenses. A tier 1 offense includes any

sex offense for which a person has been

convicted, or an attempt or conspiracy to

commit such an offense, that is not a tier

2 or tier 3 offense.

(2)

Offenses involving minors. A tier 1 offense

also includes any offense for which a

person has been convicted by any jurisdiction, local government, or qualifying

foreign country pursuant to section 6.5-4

that involves the false imprisonment of a

minor, video voyeurism of a minor, or

possession or receipt of child pornography.

(3)

Misdemeanors. Any sex offense covered

by this act where punishment was eligible

Supp. No. 2

CD6.5:6.1

§ 6.5-5

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

person has been convicted and that is

punishable by more than one year in jail

is considered a tier 2 offense.

to no more than one year in jail shall be

considered a tier 1 sex offense, unless

otherwise speciﬁed.

(4)

Certain federal offenses. Conviction for

any of the following federal offenses shall

be considered a conviction for a tier 1

offense:

Offenses involving minors. A tier 2 offense

includes any sex offense against a minor

for which a person has been convicted, or

an attempt or conspiracy to commit such

an offense, notwithstanding subsection

(a)(3) of this section, that involves:

18 USC 1801 (video voyeurism of a

minor);

18 USC 2252 (receipt or possession

of child pornography);

The use of minors in prostitution,

including solicitations;

18 USC 2252(A) (receipt or possession of child pornography);

Enticing a minor to engage in criminal sexual activity;

18 USC 2252(B) (misleading domain

names on the internet);

18 USC 2252(C) (misleading words

or digital images on the internet);

Sexual contact with a minor 13 years

of age or older, whether directly or

indirectly through the clothing, that

involves the intimate parts of the

body;

18 USC 2422(a) (coercion to engage

in prostitution);

The use of a minor in a sexual performance;

18 USC 2423(b) (travel with the intent to engage in illicit conduct);

The production or distribution of child

pornography; or

18 USC 2423(c) (engaging in illicit

conduct in foreign places);

A nonforcible sexual act with a minor 16 or 17 years old.

18 USC 2423(d) (arranging, inducing procuring or facilitating the travel

in interstate commerce of an adult

for the purpose of engaging in illicit

conduct for ﬁnancial gain, if committed by an adult);

(3)

Certain federal offenses. Conviction for

any of the following federal offenses shall

be considered a conviction for a tier 2

offense:

18 USC 2424 (failure to ﬁle factual

statement about an alien individual); or

18 USC 1591 (sex trafficking by force,

fraud, or coercion);

18 USC 2425 (transmitting information about a minor to further criminal sexual conduct).

18 USC 2244 (abusive sexual contact, where the victim is 13 years of

age or older);

18 USC 2251 (sexual exploitation of

children);

18 USC 2251(A) (selling or buying of

children);

18 USC 2252 (material involving the

sexual exploitation of a minor);

18 USC 2252(A) (production or distribution of material containing child

pornography);

18 USC 2260 (production of sexually

explicit depictions of a minor for

import into the United States);

Certain military offenses. Any military

offense speciﬁed by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codiﬁed at 10 USC 951

note) that is similar to those offenses

outlined in section 6.5-5(a) shall be considered a tier 1 offense.

(b) Tier 2 offenses.

(1)

(2)

(5)

§ 6.5-5

Recidivism and felonies. Any sex offense

that is not the ﬁrst sex offense for which a

CD6.5:7

§ 6.5-5

(4)

COMMUNITY CODE OF ORDINANCES

18 USC 2421 (transportation of a

minor for illegal sexual activity);

18 USC 2422(b) (coercing a minor to

engage in prostitution);

18 USC 2423(a) (transporting a minor to engage in illicit conduct);

18 USC 2423(d) (arranging, inducing procuring or facilitating the travel

in interstate commerce of an adult

for the purpose of engaging in illicit

conduct for ﬁnancial gain, if committed by a juvenile offender).

Certain military offenses. Any military

offense speciﬁed by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codiﬁed at 10 USC 951

note) that is similar to those offenses

outlined in section 6.5-5(b)(1)—(3) shall

be considered a tier 2 offense.

(1)

(2)

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, or

has previously become a tier 2 sex offender, is a tier 3 offense.

tact with the intimate parts of the

body, either directly or through the

clothing.

(3)

Nonparental 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

18 USC 2241(a), (b) and (c) (aggravated sexual abuse);

18 USC 2242 (sexual abuse); or

Where the victim is 12 years of age

or younger, 18 USC 2244 (abusive

sexual contact).

18 USC 2243 (sexual abuse of a

minor or ward).

(4)

Certain military offenses. Any military

offense speciﬁed by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (codiﬁed at 10 USC 951

note) that is similar to those offenses

outlined in section 6.5-5(c)(1)—(3) shall

be considered a tier 3 offense.

(Ord. No. SRO-405-2012, § 6-153, 7-18-2012)

Sec. 6.5-6. Required information.

(a) General requirements.

(1)

Duties. A sex offender who is required to

section 6.5-4 shall provide all of the information detailed in this section to the

Community police department and the

Community police department shall obtain all of the information detailed in this

section pertaining to sex offenders who

are required to register with the Community in accordance with this Community

Code of Ordinances and shall implement

any relevant policies and procedures in

furtherance thereof.

(2)

Digitization. All information obtained under this Community Code of Ordinances

shall be, at a minimum, maintained by

the Community police department in a

digitized format.

(3)

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

General offenses. A tier 3 offense includes

any sex offense, for which a person has

been convicted, or an attempt or conspiracy to commit such an offense, notwithstanding subsection (a)(3) of this section,

that involves:

Certain federal offenses. Conviction for

any of the following federal offenses shall

be considered conviction for a tier 3 offense:

Sexual contact with a minor 12 years

of age or younger, including offenses

that cover sexual touching of or con-

CD6.5:8

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

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. All

sex offenders required to register pursuant to section 6.5-4 who are enrolled members of the Community shall be required

to obtain and maintain a valid tribal

identiﬁcation card for the duration of their

period of registration.

database by the Community police department and shall be in a form capable of

electronic transmission.

(b) Criminal history. The Community police

department or designee shall obtain, and a covered sex offender shall provide, the following

information related to the sex offender's criminal

history:

(1)

The date of all arrests;

(2)

The date of all convictions;

(3)

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

(4)

The sex offender's registration status; and

(5)

Any outstanding arrest warrants.

(3)

Passports. The Community police department or designee shall obtain, and a covered sex offender shall provide, a photocopy of any passports used by the sex

offender.

(4)

Immigration documents. The Community

police department or designee shall obtain, and a covered sex offender shall

provide, a photocopy of any and all immigration documents.

offender shall provide, the following information

related to the sex offender's date of birth:

(1)

The sex offender's actual date of birth;

and

(2)

Any other date of birth used by the sex

offender.

(d) DNA sample.

(1)

(2)

(e) Driver's licenses, identiﬁcation cards, passports and immigration documents.

(1)

(2)

(f) Employment information. The Community

police department or designee 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 in any means including

volunteer and unpaid positions:

DNA. If the sex offender's DNA is not

already contained in the Combined DNA

Index System (CODIS), the sex offender

shall provide the Community police department or designee a sample of his or

her DNA.

CODIS. Any DNA sample obtained from a

sex offender shall be submitted to the FBI

criminal lab for analysis and entry of the

resulting DNA proﬁle in to CODIS.

Driver's license. The Community police

department or designee 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.

§ 6.5-6

(1)

The name of the sex offender's employer,

(2)

The address of the sex offender's employer, and

(3)

Similar information related to any transient or day labor employment.

(g) Fingerprints and palm prints. The Community police department or designee shall obtain,

and a covered sex offender shall provide, both

ﬁngerprints and palm prints of the sex offender.

(h) Internet identiﬁers. The Community police

department or designee shall obtain, and a covered sex offender shall provide, the following

information related to the sex offender's internetrelated activity:

Identiﬁcation cards. The Community police department or designee shall obtain,

CD6.5:9

(1)

Any and all email addresses used by the

sex offender;

(2)

Any and all Instant Message addresses

and identiﬁers;

§ 6.5-6

COMMUNITY CODE OF ORDINANCES

(3)

Any and all URL addresses or websites

registered to or by the sex offender;

(4)

Any and all other designations or monikers used for self-identiﬁcation in internet communications or postings; and

(5)

(l) Physical description. The Community police

department or designee shall obtain, and a covered sex offender shall provide, an accurate description of the sex offender as follows:

Any and all designations used by the sex

offender for the purpose of routing or

self-identiﬁcation in internet communications or postings.

(i) Name. The Community police department

or designee shall obtain, and a covered sex offender shall provide, the following information

related to the sex offender's name:

(1)

The sex offender's full primary given name,

(2)

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

it is used, and

(3)

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.

(j) Phone numbers. The Community police department or designee shall obtain, and a covered

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

(1)

Any and all land line telephone numbers;

(2)

Any and all cellular telephone numbers;

and

(3)

Any and all voice over internet protocol

(VoIP) numbers or URLs.

(k) Picture; update requirements. The Community police department or designee shall obtain,

and a covered sex offender shall provide, a current

photograph of the sex offender. Unless the appearance of a sex offender has not changed signiﬁcantly, a digitized photograph shall be collected:

(1)

Every 90 days for tier 3 sex offenders;

(2)

Every 180 days for tier 2 sex offenders;

and

(3)

Every year for tier 1 sex offenders.

(1)

A physical description;

(2)

A general description of the sex offender's

physical appearance or characteristics;

(3)

Any identifying marks, such as, but not

limited to, scars, moles, birthmarks, piercings or tattoos; and

(4)

A photograph of any identifying marks,

such as, but not limited to scars, moles,

birthmarks, piercings or tattoos shall be

taken upon registration and in-person appearances and veriﬁcations.

(m) Professional licensing information. The

Community police department or designee 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.

(n) Residence address. The Community police

department or designee shall obtain, and a covered sex offender shall provide, the following

information related to the sex offender's residence:

(1)

The address of each residence at which

the sex offender resides or will reside; and

(2)

Any address, 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.

(o) School. The Community police department

or designee shall obtain, and a covered sex offender shall provide, the following information

related to the sex offender's school:

CD6.5:10

(1)

The address of each school where the sex

offender is or will be a student; and

(2)

The name of each school the sex offender

is or will be a student.

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

(p) Social security number. The SRPMIC police

department or designee shall obtain, and a covered sex offender shall provide, the following

information:

(1)

(2)

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.

(q) Temporary lodging. Lodging information.

the Community police department or designee

shall obtain, and a covered sex offender shall

provide, the following information when the sex

offender will be absent from his or her residence

for seven days or more:

(1)

Identifying information of the temporary

lodging locations including addresses and

names; and

(2)

The dates the sex offender will be staying

at each temporary lodging location.

(r) Travel abroad. In the event the sex offender

will be traveling outside of the United States for

more than seven days, the Community police

department or designee shall immediately provide this information to INTERPOL. The sex

offender shall provide notice to the Community

police department at least 21 days prior to travel

outside of the United States. The Community

police department must notify the U.S. Marshals

Service and immediately notify any other jurisdiction where the sex offender is either registered,

or is required to register, of that updated information. Update also must be made to NCIC/

NSOR.

(s) Offense information. The Community police

department or designee shall obtain the text of

each provision of law deﬁning the criminal offense

for which the sex offender is registered.

(2)

License plate numbers;

(3)

Registration numbers or identiﬁers;

(4)

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

(5)

Any permanent or frequent location where

any covered vehicle is kept.

(Ord. No. SRO-405-2012, § 6-154, 7-18-2012)

Sec. 6.5-7. Frequency, duration and reduction.

(a) Registration. A sex offender who is required

to register shall, at a minimum, appear in person

at the Community police department for purposes

of veriﬁcation and keeping their registration current in accordance with the following timeframes:

(1)

For tier 1 offenders, once every year for 15

years from the time of release from custody for a sex offender who is incarcerated

for the registration offense or from the

date of sentencing for a sex offender who

is not incarcerated for the registration

offense.

(2)

For tier 2 offenders, once every 180 days

for 25 years from the time of release from

custody for a sex offender who is incarcerated for the registration offense or from

the date of sentencing for a sex offender

who is not incarcerated for the registration offense.

(3)

For tier 3 offenders, once every 90 days for

the rest of their lives.

(b) Reduction of registration periods. A sex

offender may have their period of registration

reduced as follows:

(t) Vehicle information. The Community police

department or designee 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:

(1)

§ 6.5-7

A copy of the vehicle registration;

CD6.5:11

(1)

A tier 1 offender may have his or her

period of registration reduced to ten years

if he or she has maintained a clean record

for ten consecutive years;

(2)

A tier 3 offender may have his or her

period of registration reduced to 25 years

if he or she was adjudicated delinquent of

an offense as a juvenile that required tier

3 registration and he or she has maintained a clean record for 25 consecutive

years.

§ 6.5-7

COMMUNITY CODE OF ORDINANCES

of this section, a person has a clean record if:

(1)

He or she has not been convicted of any

offense, for which imprisonment for more

than one year may be imposed;

(2)

He or she has not been convicted of any

sex offense;

(3)

He or she has successfully completed,

without revocation, any period of supervised release, probation, or parole; and

(4)

He or she has successfully completed an

appropriate sex offender treatment program certiﬁed by the Community, another

jurisdiction, or by the Attorney General of

the United States.

Sec. 6.5-8. Registration.

(a) Required registration locations.

(d) Requirements for in person appearances.

(1)

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

Community police department to take a

photograph of the offender.

(2)

Review of information. At each in person

veriﬁcation, the sex offender shall review

existing information for accuracy, and provide corrections and/or updates.

(3)

Notiﬁcation. If any new information or

change in information is obtained at an in

person veriﬁcation, the Community police

department shall immediately notify all

other jurisdictions in which the sex offender is required to register of the information or change in information.

(4)

Capacity to register. No sex offender shall

be allowed to register or update information required by this chapter if the sex

offender is mentally impaired due to drug

or alcohol use or medical condition. Any

impairment or incapacity to register will

be ascertained by the Community police

department or its designee. Such impairment will not exempt the sex offender

from registration requirements pursuant

to this chapter.

(Ord. No. SRO-405-2012, § 6-155, 7-18-2012)

(1)

Jurisdiction of conviction. A sex offender

must initially register with the Community police department if the sex offender

was convicted by the Community court of

a covered sex offense regardless of the sex

offender's actual or intended residency.

(2)

Jurisdiction of incarceration. A sex offender must register with the Community

police department if the sex offender is

incarcerated by the Community department of corrections while completing any

sentence for a covered sex offense, regardless of whether it is the same jurisdiction

as the jurisdiction of conviction or residence.

(3)

Jurisdiction of residence. A sex offender

must register with the Community police

department if the sex offender resides

within lands subject to the jurisdiction of

the Community.

(4)

Jurisdiction of employment. A sex offender must register with the Community

police department if he or she is employed

by the Community in any capacity or

otherwise is employed within lands subject to the jurisdiction of the Community.

(5)

Jurisdiction of school attendance. A sex

offender must register with the Community police department if the sex offender

is a student in any capacity within lands

subject to the jurisdiction of the Community.

(b) Timing of registration. A sex offender must

appear in person to register with the Community

police department. Any person required to register under this section must do so at the earliest of

the following:

CD6.5:12

(1)

Within 24 hours of release from custody in

any jail, prison, or rehabilitative facility.

(2)

Upon the sentencing date, if the offender

is not immediately taken into custody.

(3)

Within 24 hours of establishing or reestablishing a residence or temporary lodging within the Community.

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

(4)

Immediately if the offender is currently

residing or temporarily domiciled within

the Community upon the enactment of

this chapter.

(5)

If convicted by Community for a covered

sex offense and incarcerated, the sex offender must register before being released from incarceration.

(6)

Within three business days of commencing employment, or becoming a student

on lands subject to the jurisdiction of the

Community.

(3)

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

sex offense completes their initial registration with the Community;

(2)

The sex offender reads, or has read to

them, and signs a form stating that the

duty to register has been explained to

them and that the sex offender understands the registration requirement;

(3)

The sex offender is registered; and

(4)

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.

(1)

For tier 1 sex offenders, one year;

(2)

For tier 2 sex offenders, 180 days; and

(3)

For tier 3 sex offenders, 90 days.

(f) Keeping registration current.

(1)

Jurisdiction of residency. All sex offenders

required to register in this jurisdiction

shall immediately appear in person to the

Community police department to update

any changes to their name, residence (including termination of residency), employment, or school attendance. All sex offenders required to register in this jurisdiction

shall immediately inform the Community

police department of any changes to their

temporary lodging information, vehicle information, internet identiﬁers, or telephone numbers. In the event of a change

in temporary lodging, the sex offender

and the Community police department

shall immediately notify the jurisdiction

in which the sex offender will be temporarily staying.

(2)

Jurisdiction of school attendance. Any sex

offender who is a student in any capacity

within lands subject to the jurisdiction of

the Community regardless of location that

change their school, or otherwise terminate their schooling, shall immediately

appear in person at the Community police

department to update that information.

The Community police department shall

ensure that each jurisdiction in which the

sex offender is required to register, or was

required to register prior to the updated

information being given, are immediately

notiﬁed of the change.

(3)

Jurisdiction of employment. Any sex offender, who is employed by the Commu-

(d) Retroactive registration. The Community

police department shall have in place policies and

procedures to ensure the following three categories of sex offenders are subject to the registration

and updating requirements of this Community

Code of Ordinances:

(1)

Sex offenders incarcerated or under the

supervision of the Community, whether

for a covered sex offense or other crime;

(2)

Sex offenders already registered or subject to a preexisting sex offender registration requirement under this Community

Code of Ordinances; and

Sex offenders reentering the justice system due to conviction for any crime.

(e) Timing of recapture. The Community police

department shall ensure recapture of the sex

offenders mentioned in this section within the

following timeframe to be calculated from the

date of passage of this Community Code of Ordinances:

The Community police department shall have

policies and procedures in place to ensure the

following:

(1)

§ 6.5-8

CD6.5:13

§ 6.5-8

COMMUNITY CODE OF ORDINANCES

nity in any capacity or otherwise is employed within lands subject to the

jurisdiction of the Community regardless

of location that change their employment,

or otherwise terminate their employment,

shall immediately appear in person at the

Community police department to update

that information. The Community police

department shall ensure that each jurisdiction in which the sex offender is required to register, or was required to

being given, are immediately notiﬁed of

the change.

(4)

commence residency, employment, or school attendance within the Community that the sex offender failed to appear for registration.

(b) Absconded sex offenders. If the Community

police department or designee receives information that a sex offender has absconded the Community police department shall make an effort to

determine if the sex offender has actually absconded.

Duties of Community police department.

With regard to changes in a sex offender's

registration information, the Community

police department or designee shall immediately notify:

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 register; and

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 register, the U.S. Marshals Service, and INTERPOL, if

necessary. The Community police

shall also ensure this information is

updated on NSOR.

(Ord. No. SRO-405-2012, § 6-156, 7-18-2012)

Sec. 6.5-9. Failure to appear for registration and absconding.

(a) Failure to appear. In the event a sex offender fails to register with the Community as

required by this Community Code of Ordinances,

the Community police department or designee

shall immediately inform the jurisdiction that

provided notiﬁcation that the sex offender was to

(1)

The Community police department or designee shall ensure that the Community

police and any other appropriate law enforcement agency is notiﬁed that a determination of absconding cannot be made,

and the reasoning for such determination.

(2)

If the information indicating the possible

absconding came through notice from another jurisdiction or federal authorities,

the notifying jurisdiction shall be informed that the sex offender has failed to

appear and register with the Community

police department.

(3)

If an absconded sex offender cannot be

located, then the Community police shall

take the following steps:

Update the registry to reﬂect the sex

offender has absconded or is otherwise not capable of being located;

Notify the U.S. Marshals Service;

Seek a warrant for the sex offender's

arrest. The U.S. Marshals' Service

or FBI may be contacted in an attempt to obtain a federal warrant for

the sex offender's arrest;

Update the 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.

employment or school attendance status fails to

do so or otherwise violates a registration requirement of this Community Code of Ordinances, the

CD6.5:14

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

based on the submission of clear

and convincing evidence, that the

sex offender is eligible for an exemption. The tribal prosecutor's office

must be given notice of any petition

filed by a sex offender under this

subsection, must have a meaningful

opportunity to respond to the petition, and the Community court must

consider the tribal prosecutor's position before granting an exemption.

Community police department shall take all

appropriate follow-up measures including those

outlined in subsection (b) of this section. The

Community police department shall first make

an effort to determine if the sex offender is

actually employed or attending school in lands

subject to the tribe's jurisdiction.

(Ord. No. SRO-405-2012, § 6-157, 7-18-2012)

Sec. 6.5-10. Residency restrictions.

(a) A registered sex offender is prohibited

from residing or working within 1,000 feet of, or

loitering within 500 feet of:

(1)

(2)

The residence(s) of the victim(s) of the

crime(s) for which he or she is registered;

Any school, preschool or day care center,

playground, youth center, public swimming pool, marked or routinely used bus

stop, temporary or permanent amusement center or event, or any facility

where children receive services, go to for

sports, games or other entertainment, or

otherwise gather together. However, Tier

1 and Tier 2 registered sex offenders are

exempt from the residency restriction

described in this subsection (a)(2) if:

The sex offender is in compliance

with all provisions of this chapter

6.5;

The sex offender established a

permanent residence at a location

within the zone covered by subsection (a)(2) before March 16, 2005, or

before a facility described in subsection (a)(2) was built or established;

and

The sex offender has maintained a

clean record as defined in section

6.5-7(c) for ten consecutive years.

The burden of establishing qualifications for an exemption lies with the

sex offender. To obtain an exemption under this subsection, a sex

offender must file a petition with

the Community court and a judge of

the Community court must find,

Supp. No. 6

§ 6.5-10

(b) A registered sex offender is prohibited

from residing in a household with children under

the age of 18 years.

"loiter" means standing, sitting idly whether or

not the person is in a vehicle, or remaining in or

around any school, preschool, or day care center,

playground, youth center, public swimming pool,

marked bus stop, temporary or permanent amusement center or event, or any facility where

children receive services, go to for sports, games

or other entertainment, or otherwise gather

together while not having a specific and legitimate

reason, related to the location, for being at the

location.

(d) Medical exception. An exception to the

residency restriction set forth in subsection (a),

but not subsection (b) of this section may be

granted by the Community court upon a motion

by a registered sex offender if all of the following

conditions are met:

CD6.5:15

(1)

The sex offender is in compliance with all

provisions of this chapter;

(2)

The sex offender provides reliable evidence

that he or she has a temporary medical

condition and because of that condition,

he or she has no other place to live except

a residence within the Community that

is within the zone covered by subsection

(a) of this section;

(3)

The temporary medical condition is physically disabling and limits mobility;

(4)

The Community prosecutor's office has

an opportunity to review the evidence

submitted and respond if appropriate;

§ 6.5-10

(5)

(6)

COMMUNITY CODE OF ORDINANCES

The Community court makes a finding

based upon the evidence presented that

because of the temporary medical condition which is physically disabling and

limits mobility, the sex offender will not

present a danger to children in the Community for the time period covered by the

medical exception;

(a) Sex offender database. The Community

police department shall maintain a database

that contains all sex offender profiles, notification requirements, and website.

The sex offender will promptly update

the Community court if his or her

temporary medical condition improves

during the time period covered by the

medical exception;

(7)

The Community court limits the duration of the exception to a period not to

exceed 90 days, which can be renewed

upon the presentation of new or updated

medical evidence;

(8)

The Community prosecutor's office can

seek to have the medical exception revoked

if there is evidence that the sex offender

no longer qualifies for the exception

because his or her medical condition has

improved or if he or she otherwise fails to

comply with the remaining provisions of

this article; and

(9)

Sec. 6.5-11. Community notification.

The Community police department will

stay the enforcement of subsection (a) of

this section against an individual sex

offender one time only for a period not to

exceed 30 days upon the filing of a motion

seeking a medical exception under subsection (d) of this section.

(e) Penalties for violation. A violation of any

provision of this section is a Class B offense and

may result in arrest for a sex offender subject to

the registration requirements contained in this

chapter and upon conviction, a fine, term of

imprisonment, or both may be imposed, up to

and including the maximum penalties allowed

for a Class B offense.

(Ord. No. SRO-302-05, 3-16-2005; SRO-335-08,

6-25-2008; Ord. No. SRO-405-2012, § 6-158,

7-18-2012; Ord. No. SRO-420-2013, § 6-158,

3-6-2013; Ord. No. SRO-454-2015, § 6.5-10, 12-102014; Ord. No. SRO-471-2015, 7-15-2015)

Supp. No. 6

(1)

Links. The registry website shall include

links to sex offender safety and education resources.

(2)

Instructions. The registry website shall

include instructions on how a person can

seek correction of information that the

individual contends is erroneous.

(3)

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.

(4)

Search capabilities. The registry website

shall have the capability of conducting

searches by the following means:

(5)

Name;

County, city, and/or town; and

Zip code and/or geographic radius.

Dru Sjodin National Sex Offender Public

Website. The Community shall include in

the design of its website all field search

capabilities needed for full participation

in the Dru Sjodin National Sex Offender

Public Website as provided by the Attorney

General of the United States.

(b) Notification to victim(s), neighbors, schools,

Community human resources department, and

offender's employer. Within ten days of receiving

registration information, the Community police

shall distribute registration information in a

manner to be determined by the Community

police department's sex offender's registration

and notification policies and procedures.

CD6.5:16

(1)

Upon a sex offender's registration or

update of information with the Com-

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

munity, the Community public sex

offender registry website is immediately

updated.

(2)

The Community public sex offender

website has a function that enables the

general public to request an e-mail notice

that will notify them when a sex offender

commences residence, employment, or

school attendance with the Community,

within a specified zip code, or within a

certain geographic radius. This email

notice shall include the sex offender's

identity so that the public can access the

public registry for new information.

information shall also be available to the public

at the police department and substations and

may be available on the Community intranet

and on the internet.

(1)

(3)

Required information. The following

information shall be made available to

the public on the sex offender registry

website:

If applicable, notice that an offender

is in violation of their registration

requirements or cannot be located if

the sec offender has absconded;

All sex offenses for which the sex

offender has been convicted;

The sex offense(s) for which the

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

Supp. No. 6

§ 6.5-11

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 (as defined in

42 USC 16911).

Witness protection. For sex offenders who

are under a witness protection program,

the Community police may honor the

request of the United States Marshal's

Service or other agency responsible for

witness protection by not including the

original identity of the offender on the

publicly accessible sex offender registry

website.

(d) Notification to landowners. If a sex offender

applies for a homesite within the Community, all

landowners in the parcel containing the potential

homesite will be notified of the applicant's status

as a sex offender. The Community development

department will include a notice in the consent

packets sent to landowners. The notice will

include, at a minimum, the applicant's name and

offender tier.

(e) Notification upon failure to register. If an

offender fails to register as required by this

chapter, the police department may assemble,

print and distribute appropriate flyers of the

offender as if the offender were registered.

(f) Persons registered with the state. If the

Community police department received credible

information that a person residing, temporarily

domiciled, employed, or attending school within

the Community is a registered sex offender with

the state pursuant to A.R.S. § 13-3821 et seq.,

and that person has not registered with the

Community, the police department shall make,

CD6.5:17

§ 6.5-11

COMMUNITY CODE OF ORDINANCES

or attempt to make, contact with the sex offender

for registration. If attempts to make contact

with the sex offender are unsuccessful, within a

reasonable time after receiving the information

thereof, assemble, print and distribute appropriate flyers of the offender as if the offender were

registered. If more than two attempts to make

contact with the sex offender are unsuccessful,

the Community police department shall take

action pursuant to section 6.5-9, notifying the

U.S. Marshal's Service that the sex offender has

failed to register and/or has absconded.

(g) Notification regarding excluded persons. If

a person who is registered sex offender with the

Community is excluded from the Community,

pursuant to chapter 7, the SRPMIC police department shall notify the jurisdiction where the

offender intends to reside, and the jurisdiction of

conviction.

(h) Altering or removing a flyer. Anyone found

to have intentionally altered or removed a sex

offender public notification flyer for the purpose

of making the information contained in the flyer

unavailable to the public shall be subject to a

fine not to exceed $200.00 per offense.

(Ord. No. SRO-302-05, 3-16-2005; Ord. No. SRO405-2012, § 6-159, 7-18-2012; Ord. No. SRO-5832024, 7-31-2024)

Sec. 6.5-12. Law enforcement notification.

Whenever a sex offender registers or updates

his or her information with the Community, the

Community police department shall:

(1)

Immediately update or submit updates

to NCIC/NSOR or other relevant

databases.

(2)

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

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

offender supervision functions, including

but not limited to, police, FBI, Community prosecutors, and Community

probation.

(3)

Immediately notify any and all other

registration jurisdictions where the sex

Supp. No. 6

offender is registered due to the sex

offender's residency, school attendance,

or employment.

(4)

Immediately notify appropriate 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

USC 5119a) when a sex offender registers

or updates registration.

(Ord. No. SRO-405-2012, § 6-160, 7-18-2012)

Sec. 6.5-13. Immunities.

(a) No waiver of immunity. Nothing under

this chapter shall be construed as a waiver of

sovereign immunity for the Community, its

officials, departments, agencies, employees, or

agents.

(b) Good faith. Any person acting under good

faith of this chapter shall be immune from any

civil liability arising out of such actions.

(Ord. No. SRO-405-2012, § 6-161, 7-18-2012)

Sec. 6.5-14. Failure to register.

(a) In general. Whoever is subject to the

criminal jurisdiction of the Community and

violates section 6.5-7, 6.5-8 or 6.5-9 shall be

guilty of an offense and, upon conviction thereof,

shall be sentenced to imprisonment for not less

than 180 days nor more than one year, and a fine

of not less than $2,000.00 nor more than $5,000.00

and shall not eligible for parole.

(b) Hindrance of sex offender registration.

Whoever knowingly harbors, or attempts to harbor,

or knowingly assists any other person in harboring or attempting to harbor a person in violation

of this chapter; or who knowingly assists a

person in violation of this chapter in eluding a

law enforcement agency seeking to contact the

person regarding compliance with the requirements of this chapter; or who knowingly provides

false information to law enforcement regarding a

person in violation of this chapter shall be guilty

of an offense and shall be sentenced to imprisonment for not more than 90 days, a fine of not

more than $5,000.00, or to both imprisonment

and a fine.

CD6.5:18

SEX OFFENDER REGISTRATION, COMMUNITY NOTIFICATION

of a criminal complaint alleging a violation of

subsection (a) of this section, and a finding of

probable cause that there has been a violation, a

judge of the Community court shall issue a

warrant of arrest, consistent with the rules of

criminal procedure, bearing the signature of a

duly qualified judge of the Community court.

(d) Concurrent jurisdiction. If the violator is

subject to the criminal jurisdiction of the Community, such violator may also be subject to

prosecution in state or federal court for state or

federal violations. Prosecution pursuant to this

section does not preclude prosecution in other

jurisdictions.

(e) Aiding or abetting of failure to register as a

sex offender. Any person subject to the criminal

jurisdiction of the Community and who violates

this section shall be sentenced to a fine of no less

than $1,000.00 and a maximum of $5,000.00

and/or imprisoned up to a maximum of 90 days.

(Ord. No. SRO-302-05, 3-16-2005; SRO-335-08,

6-25-2008; Ord. No. SRO-405-2012, § 6-162,

7-18-2012)

Supp. No. 6

CD6.5:19

§ 6.5-14

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.