CHAPTER 8A – SEX OFFENDER REGISTRATION (2021)

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CHAPTER 8A – SEX OFFENDER REGISTRATION

TABLE OF CONTENTS

GENERAL MATTERS

SECTION 1.01

Title

SECTION 1.02

Purpose

SECTION 1.03

Creation of Registries

TERMINOLOGY AND REGISTERABLE OFFENSES

SECTION 2.01

Definitions

SECTION 2.02

Registerable Offenses

TIERING OF OFFENSES

SECTION 3.01

Tier I Offenses

SECTION 3.02

Tier II Offenses

SECTION 3.03

Tier III Offenses

REQUIRED INFORMATION

SECTION 4.01

General Requirements

SECTION 4.02

Criminal History

SECTION 4.03

Date of Birth

SECTION 4.04

DNA Sample

SECTION 4.05

Driver’s Licenses, Identification Cards, Passports, and Immigration Documents

SECTION 4.06

Employment Information

SECTION 4.07

Finger and Palm Prints

SECTION 4.08

Internet Identifiers

SECTION 4.09

Name

SECTION 4.10

Phone Numbers

SECTION 4.11

Picture

SECTION 4.12

Physical Description

SECTION 4.13

Professional Licensing Information

SECTION 4.14

Residence Address

SECTION 4.15

School

SECTION 4.16

Social Security Number

SECTION 4.17

Temporary Lodging

SECTION 4.18

International Travel

SECTION 4.19

Offense Information

SECTION 4.20

Vehicle Information

SECTION 4.21

Frequency, Duration and Reduction

SECTION 4.22

Requirements for In Person Appearances

SECTION 4.23

Sex Offender Acknowledgement Form

REGISTRATION

SECTION 5.01

Where Registration Is Required

SECTION 5.02

Timing of Registration

SECTION 5.03

Retroactive Registration

SECTION 5.04

Keeping Registration Current

SECTION 5.05

Failure To Appear For Registration and Absconding

PUBLIC SEX OFFENDER REGISTRY WEBSITE

SECTION 6.01

Website

SECTION 6.02

Required and Prohibited Information

SECTION 6.03

Community Notification

SECTION 7.00

IMMUNITY

SECTION 8.00

CRIMES AND CIVIL SANCTIONS

GENERAL MATTERS

SECTION 1.01 TITLE

This chapter of the Spokane Law and Order Code shall be known as the Spokane Tribal Sex Offender

Registration Code.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 1.02 PURPOSE

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

(SORNA) (Title I of Public Law 109-248) (42 U.S.C 16901 et. seq.) and shall be interpreted liberally to

comply with the terms and conditions of SORNA as presently written or hereafter amended.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 1.03 CREATION OF REGISTRIES

Sex Offender Registry. There is hereby established a sex offender registry program, which

the Spokane Tribal Police shall maintain and operate pursuant to the provisions of this

Chapter.

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

website, at www.SpokaneTribe.com which the Director of Spokane Tribal Information

Technology

shall maintain and operate pursuant to the provisions of the Chapter.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

TERMINOLOGY AND REGISTERABLE OFFENSES

SECTION 2.01 DEFINITIONS

The Definitions below apply to this Chapter only.

Convicted. An adult sex offender is “convicted” for the purposes of this Chapter if the sex

offender has been subjected to penal consequences based on the conviction, however the

conviction may be styled.

A juvenile offender is “convicted” for purposes of this Chapter if the juvenile offender is either:

Prosecuted and found guilty as an adult for a sex offense; or

Is 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 (a) or (b) of section 2241 of title 18,

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

offense.

Foreign Convictions. A foreign conviction is one obtained outside of the United States.

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.

Volunteers of a tribal agency or organization are included within the definition of employee

for registration purposes.

Immediate. “Immediate” and “Immediately” mean within 3 business days.

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 federal, military, foreign, BIA, private or contract facility, or a local or tribal “jail”.

Persons under “house arrest” following conviction of a covered sex offense are required to

Jurisdiction. The term “jurisdiction” as used in this Chapter refers to the 50 states, the

District

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

Commonwealth of the

Northern Marianna Islands, the United States Virgin Islands, and any

Indian Tribe that elected

to function as a SORNA registration and notification jurisdiction pursuant to PL 109-248 Section 127 (42

U.S.C § 16927).

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..

Sex Offense. The term “sex offense” as used in this Chapter includes those contained in 42

U.S.C § 16911 (5) (as amended) and those offenses enumerated in Section 2.02 of this Chapter

or any other registerable offense under tribal law.

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 4 years older than the victim.

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

Sexual Act. The term “sexual act” means:

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;

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

and the anus;

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

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.

Sexual Contact. 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 another person.

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. 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 Spokane Tribal Police.

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

Bureau of Investigation 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 I Sex Offender”. A “tier I sex offender”, or a “sex offender” designated as “tier I”, is on

that has been convicted of a “tier I” sex offense as defined in section 3.01.

“Tier II Sex Offender”. A “tier II sex offender”, or a “sex offender” designated as “tier II”, is

one that has been either convicted of a “tier II” sex offense as defined in section 3.02, or

who is subject to the recidivist provisions of 3.02 (A).

“Tier III Sex Offender”. A “tier III sex offender”, or a “sex offender” designated as “tier III”,

is one that has been either convicted of a “tier III” sex offense as defined in section 3.03, or

who is subject to the recidivist provisions of 3.03 (A).

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 2.02 REGISTERABLE OFFENSES

Individuals who reside within the exterior boundaries of the reservation or otherwise reside on property

owned by the tribe in fee or trust regardless of location, are employed within the exterior boundaries of

the reservation or on property owned by the tribe in fee or trust regardless of location, or who attend

school within the exterior boundaries of the reservation or on property owned by the tribe in fee or trust

regardless of location, that have been 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 Chapter:

Tribal offenses. A conviction for, or an attempt to conspiracy to commit any of the following.

RSLOC 8-4.01 (Attempted Rape).

RSLOC 8-4.05 (Rape, 1st degree).

RSLOC 8-4.06 (Rape 2nd degree).

RSLOC 8-4.07 (Rape 3rd degree).

RSLOC 8-4.08 (Rape of a Child, 1st degree).

RSLOC 8-4.09 (Rape of a Child, 2nd degree).

RSLOC 8-4.10 (Rape of a Child, 3rd degree).

RSLOC 8-4.11 (Child Molestation, 1st degree).

RSLOC 8-4.12 (Child Molestation, 2nd degree).

10.

RSLOC 8-4.13 (Child Molestation 3rd degree).

11.

RSLOC 8-4.14 (Sexual Misconduct with a Minor, 1st degree).

12.

RSLOC 8-4.15 (Sexual Misconduct with a Minor, 2nd degree).

13.

RSLOC 8-4.17 (Incest, 1st degree).

14.

RSLOC 8-4.18 (Incest, 2nd degree).

15.

RSLOC 8-4.19 (Indecent Liberties).

16.

RSLOC 8-4.20 (Sexual Exploitation of a Minor).

17.

RSLOC 8-4.21 (Depiction of a Minor in Sexually Explicit Conduct).

Federal Offenses. A conviction for, or an attempt or conspiracy to commit any of the

following, and any other offense hereafter included in the definition of “sex offense” at 42

U.S.C §16911 (5): Including any offenses prosecuted under the Assimilative Crimes Act (18

U.S.C §1152 OR § 1153).

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

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

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).

10.

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

11.

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

12.

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

13.

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

14.

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

the U.S).

15.

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

16.

18 U.S.C. § 2422 (coercion and enticement of a minor for illegal sexual activity).

17.

18 U.S.C. § 2423 (Transportation of Minors for Illegal Sexual Activity, Travel With the

Intent to Engage in Illicit Sexual Conduct with a Minor, Engaging in Illicit Sexual

Conduct in Foreign Places).

18.

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

19.

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 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.

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 U.S.C. 951 note).

Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including the jurisdiction

of the Spokane Tribe of Indians, that involves:

Any conduct that by its nature is a sex offense against a minor.

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

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

through the clothing.

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.

False imprisonment of a minor.

Kidnapping of a minor.

Possession, production, or distribution of child pornography.

Solicitation of a minor to practice prostitution.

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.

10.

Use of a minor in a sexual performance.

11.

Any offense similar to those outlined in:

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

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

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

18 U.S.C. § 2242 (sexual abuse).

18 U.S.C. § 2244 (abusive sexual conduct).

18 U.S.C. § 2242 (b) (coercing a minor to engage in prostitution), or

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

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

sex offense that is comparable to or more sever than the federal crime of aggravated sexual

abuse (as codified in 18 U.S.C. § 2241 (a) and (b) 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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381; Amended: 7/25/2012; Resolu. 2012- 304

TIERING OF OFFENSES

SECTION 3.01 TIER I OFFENSES

Sex Offenses. A “Tier I” offense includes any sex offense or an attempt or conspiracy to commit

such an offense for which a person has been convicted that is not a “Tier II” or “Tier

III” offense.

Offenses Involving Minors. A “Tier I” offense also includes any offense for which a person

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

pursuant to Section 2.02(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 or an attempt

or conspiracy to commit such an offense shall be considered a conviction for a “Tier I”

offense:

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

18 U.S.C. § 2252 (receipt of possession of child pornography).

18 U.S.C. § 2252A (receipt or possession of 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).

18 U.S.C. § 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).

10.

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

11.

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

conduct).

12.

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 U.S.C § 950

note) that is similar to those offenses outlined in Section 3.01 (A), (B), or (C) shall be

considered a “Tier I” offense.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 3.02 TIER II OFFENSES

Recidivism and Felonies. Unless otherwise covered by Section 3.03, any sex offense or an

attempt or conspiracy to commit such an offense for which the offender has been convicted

that is not the first sex offense for which the offender has been convicted and that is

punishable by more than one year in jail is considered a “Tier II” offense.

Offenses Involving Minors. A “Tier II” 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

that involves:

The use of minors in prostitution, including solicitations,

Enticing a minor to engage in criminal sexual activity.

a non-forcible Sexual Act with a minor 16 or 17 years old.

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.

The use of a minor in a sexual performance, or

The production or distribution of child pornography.

Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt

or conspiracy to commit such an offense shall be considered a conviction for a “Tier II” offense:

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

18 U.S.C. § 2423 (d) (arranging, inducing, procuring or facilitating the travel in

interstate commerce of a minor for the purpose of engaging in illicit conduct for

financial gain).

18 U.S.C. § 2244 (abusive sexual contact, where the victim is 13 years of age or

older).

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 (production or distribution of 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).

10.

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

11.

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

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 U.S.C. § 951 note) that is similar

to those

offense.

offenses outlined in Section 3.02(A), (B), or (C) shall be considered a “Tier

II”

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 3.03 TIER III OFFENSES

Recidivism and Felonies. Any sex offense or an attempt or conspiracy to commit such an offense

for which the offender has been convicted that is punishable by more than one year in jail where the

offender has at least one prior conviction for a Tier II sex offense, or

has previously become a Tier II

sex offender, is a “Tier III” offense.

General Offenses. A “Tier III” offense includes any sex offense, for which a person has been

convicted, or an attempt or conspiracy to commit such an offense 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 conviction for a “Tier III” offense:

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).

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)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar

to those

offenses outlined in Section 3.03(A), (B), or (C) shall be considered a “Tier

III”

offense.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

REQUIRED INFORMATION

SECTION 4.01 GENERAL REQUIREMENTS

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

pursuant to Section 5 shall provide all of the information detailed in this section to the

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

detailed

in this section from covered sex offenders who are required to register with the Tribe in accordance with

this Chapter and shall implement any relevant policies and

procedures.

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

by the Spokane Tribal Police in a digitized format.

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

the Spokane Tribal Police and shall be in a form capable of electronic transmission.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.02 CRIMINAL HISTORY

Criminal History. The Spokane Tribal Police or designee shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender’s criminal history:

The date of all arrests.

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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.03 DATE OF BIRTH

Date of Birth. The Spokane Tribal Police or designee shall obtain, and a covered sex offender

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

The sex offender’s actual date of birth, and

Any other date of birth used by the sex offender.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.04 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 Spokane Tribal Police or designee a sample of his

DNA.

CODIS. Any DNA sample obtained from the sex offender shall be submitted to the Federal

Bureau of Investigation Laboratory for submission in CODIS.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.05 DRIVER’S LICENSES, IDENTIFICATION CARDS, PASSPORTS, AND

IMMIGRATION DOCUMENTS

Driver’s License. A covered sex offender shall provide all of the sex offender’s valid driver’s

licenses issued by any jurisdiction and the Spokane Tribal Police or designee shall make a

photocopy of any such licenses.

Identification Cards. A covered sex offender shall provide all of the sex offender’s

identification cards including the sex offender’s tribal enrollment card issued by any

jurisdiction and the Spokane Tribal Police or designee shall make a photocopy of any

such

identification cards. Passports. A covered sex offender shall provide any passports

used by the sex

offender, and the Spokane Tribal Police or designee shall make a

photocopy

any

such

passports. Immigration Documents. A covered sex offender shall

provide any and all immigration

documents used by the sex offender, and the Spokane Tribal

Police or designee shall make a

photocopy of any such documents.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.06 EMPLOYMENT INFORMATION

Employment. The Spokane Tribal Police 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:

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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.07 FINGER AND PALM PRINTS

Finger and Palm Prints. The Spokane Tribal Police or designee shall obtain, and a covered sex

offender shall provide, both finger prints, which must be submitted to IAFIS, and palm prints,

which must be submitted to the Federal Bureau of Investigation.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.08 INTERNET IDENTIFIERS

Internet Names. The Spokane Tribal Police or designee shall obtain, and a covered sex

offender shall provide, the following information related to the sex offender’s internet related

activity:

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, including but not limited to social network identification, twitter

accounts, and video posting site identifications.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.09 NAME

Name. The Spokane Tribal Police or designee shall obtain, and a covered sex offender shall

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

The sex offender’s full primary given name.

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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.10 PHONE NUMBERS

Phone Numbers. The Spokane Tribal Police or designee shall obtain, and covered sex

offender shall provide, any and all telephone numbers and any other designations used by

sex offenders for purposes of routing or self-identification in telephonic communications

including but not limited to:

Any and all cellular telephone numbers.

Any and all land line telephone numbers.

Any and all Voice over IP (VOIP) telephone numbers.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.11 PICTURE

Photograph. A covered sex offender shall permit his photograph to be taken by the Spokane

Tribal Police or designee:

Every 90 days for Tier III sex offenders

Every 180 days for Tier II sex offenders, and

Every year for Tier I six offenders.

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

a digitized photograph shall be collected at each appearance indicated in Section 4.11 A.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.12 PHYSICAL DESCRIPTION

Physical Description. The Spokane Tribal Police or designee shall obtain, and a covered sex

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

A physical description.

A general description of the sex offender’s physical appearance or characteristics,

and

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

tattoos.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.13 PROFESSIONAL LICENSING INFORMATION

Professional Licenses. The Spokane Tribal Police or designee shall obtain, and a covered sex

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

engage in an occupation or carry out a trade or business.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.14 RESIDENCE ADDRESS

Address. The Spokane Tribal Police or designee shall obtain, and a covered sex offender shall

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

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..

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.15 SCHOOL

School Location. The Spokane Tribal Police or designee shall obtain, and a covered sex

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

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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.16 SOCIAL SECURITY NUMBER

Social Security. The Spokane Tribal Police or designee shall obtain, and a covered sex

offender shall provide, the following information:

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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.17 TEMPORARY LODGING

Lodging Information. The Spokane Tribal Police or designee shall obtain, and a covered sex

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

his residence for seven (7) days or more:

Identifying information of the temporary lodging locations including addresses and

names, and

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

The registered sex offender shall provide the information in Section 4.17 (1) and (2)

no later than five (5) days before his scheduled travel. The information shall be

provided in person.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.18 INTERNATIONAL TRAVEL

Travel Abroad. Sex offenders must inform their residence jurisdictions 21 days in advance if

they intend to travel outside of the United States. Jurisdiction must notify the U.S Marshals

Service and immediately notify and 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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.19 OFFENSE INFORMATION

Offense Information. The Spokane Tribal Police or designee shall obtain the text of each

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

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.20 VEHICLE INFORMATION

Detailed Information. The Spokane Tribal Police 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:

License plate numbers.

Registration numbers or identifiers.

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

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

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.21 FREQUENCY, DURATION AND REDUCTION

Frequency. A sex offender who is required to register shall, at a minimum, appear in person

at the Spokane Tribal Police Department for purposes of verification and keeping their

registration current in accordance with the following time frames:

For “Tier I” 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.

For “Tier II” 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.

For “Tier III” offenders, once every 90 days for the rest of their lives.

Reduction of Registration Periods. A sex offender may have the period of registration reduced

as follows:

A Tier I offender may have the period of registration reduced to 10 years if the

offender has maintained a clean record for 10 consecutive years;

A Tier III offender may have the period of registration reduced to 25 years if the

offender was adjudicated delinquent of an offense as a juvenile that required Tier III

registration and the offender has maintained a clean record for 25 consecutive years.

Clean Record. For purposes of Chapter 4.20(B) a person has a clean record if the person:

Has not been convicted of any new sex offenses.

Has successfully completed, without revocation, any period of supervised release,

probation, or parole, and

Has successfully completed an appropriate sex offender treatment program certified

by the tribe, another jurisdiction, or by the Attorney General of the United States.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.22 REQUIREMENTS FOR IN PERSON APPEARANCES

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

Police 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 new information or change in information is obtained at an in person

verification, the Spokane Tribal Police shall immediately notify all other jurisdictions in

which

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

If any new information or change in information is obtained at an in person verification, the

Spokane Tribal Police shall immediately update the public website, if applicable, and update

information in NCIC/NSOR.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 4.23 SEX OFFENDER ACKNOWLEDGEMENT FORM

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

understands the registration requirement.

The form shall be signed and dated by the Spokane Tribal Police personnel

registering the sex offender.

The Spokane Tribal Police shall immediately upload the acknowledgement form into the

Spokane Tribal Police maintained sex offender registry.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

REGISTRATION

SECTION 5.01 WHERE REGISTRATION IS REQUIRED

Jurisdiction of Conviction. A sex offender must initially register with the Spokane Tribal Police

if the sex offender was convicted in Spokane Tribal Court of a covered sex offense regardless

of the offender’s actual or intended residency.

Jurisdiction or Incarceration. A sex offender must register with the Spokane Tribal Police if

the offender is incarcerated by the Spokane Tribe of Indians while completing any

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

jurisdiction of conviction or residence.

Jurisdiction of Residence. A sex offender must register with the Spokane Tribal Police if the

offender resides within lands subject to the jurisdiction of the Spokane Tribe of Indians.

Jurisdiction of Employment. A sex offender must register with the Spokane Tribal Police if the

offender is employed by the Spokane Tribe of Indians in any capacity or otherwise is

employed within lands subject to the jurisdiction of the tribe.

Jurisdiction of School Attendance. A sex offender must register with the Spokane Tribal Police

if the offender is a student in any capacity within lands subject to the jurisdiction of the

Spokane Tribe of Indians.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 5.02 TIMING OF REGISTRATION

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

the following timeframe:

If convicted for a covered sex offense and incarcerated, the sex offender must

If convicted for a covered sex offense but not incarcerated, within 3 business days of

sentencing for the registration offense, and

Within 3 business days of establishing a residence, commencing employment, or

becoming a student on lands subject to the jurisdiction of the tribe, a sex

offender must appear in person to register with Spokane Tribal Police.

Duties of Spokane Tribal Police. The Spokane Tribal Police shall have policies and procedures

in place to ensure the following:

That any sex offender convicted in Spokane Tribal Court for a covered sex offense

completes their initial registration with the tribe,

That 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,

That the sex offender is registered, and added to the public website if applicable and

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.

That all information is entered and updated in NCIC/NSOR.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 5.03 RETROACTIVE REGISTRATION

Retroactive Registration. The Spokane Tribal Police 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 Chapter.

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

covered sex offense or other crime.

Sex offenders already registered or subject to a pre-existing sex offender registration

requirement, and

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

Timing of Recapture. The Spokane Tribal Police shall ensure recapture of the sex offenders

mentioned in Section 5.03(A) within the following timeframe to be calculated from the date

of passage of this Chapter:

For Tier I sex offenders, 1 year.

For Tier II sex offenders, 180 days, and

For Tier III sex offenders, 90 days.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 5.04 KEEPING REGISTRATION CURRENT

Jurisdiction of Residency. All sex offenders who reside in lands subject to the jurisdiction of

the Tribe who are required to register in this jurisdiction shall immediately appear in person

at the Spokane Tribal Police to update any changes to their name, residence (including

termination of residency), employment, or school attendance. All sex offenders required to

any changes to their temporary lodging information, and of any changes to their vehicle

information, internet identifiers, or telephone numbers. In the event of a change in

temporary lodging, of over 7days the sex offender shall immediately notify the registry official

of the residence jurisdiction and the Spokane Tribal Police shall notify the jurisdiction

in which the sex

offender will be temporary staying.

Jurisdiction of School Attendance. All sex offenders who are students in any capacity within

lands subject to the jurisdiction of the Tribe, regardless of location, who change their school,

or otherwise terminate schooling, shall immediately appear in person at the Spokane Tribal

Police to update that information. The Spokane Tribal Police 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, is immediately notified of the change.

Jurisdiction of Employment. All sex offenders who are employed by the tribe in any capacity

or otherwise are employed within lands subject to the jurisdiction of the tribe regardless of

location that change their employment, or otherwise terminate their employment, shall

immediately appear in person at the Spokane Tribal Police to update that information. The

Spokane Tribal Police 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, is

immediately notified of the change.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 5.05 FAILURE TO APPEAR FOR REGISTRATION AND ABSCONDING

Failure to Appear. In the event a sex offender fails to register with the tribe as required by

this code, the Spokane Tribal Police or designee 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.

Absconded Sex Offenders. If the Spokane Tribal Police or designee receives information that

a sex offender has absconded the Spokane Tribal Police shall made an effort to determine

if the sex offender has actually absconded.

In the event no determination can be made, the Spokane Tribal Police or designee

shall ensure all 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 absconded sex offender cannot be located then the Spokane Tribal Police shall

take the following steps:

Update the registry/public website 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 NCIC/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

residence, employment or school attendance status fails to do so or otherwise violates a

registration requirement of this code, the Spokane Tribal Police shall take all appropriate followup measures including those outlined in Section 5.05(B). The Spokane Tribal Police

shall first make

an effort to determine if the sex offender actually resides, is employed or

attending school in lands

subject to the Tribe’s jurisdiction.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

PUBLIC SEX OFFENDER REGISTRY WEBSITE

SECTION 6.01 WEBSITE

Website. The Director of Spokane Tribal Information Technology shall use and maintain a

public sex offender registry website, hereinafter the “Spokane Tribal Sex Offender Registry

Website.”

Links. The Spokane Tribal Sex Offender Registry Website shall include links to sex offender

safety and education resources.

Instructions. The Spokane Tribal Sex Offender Registry Website shall include instructions on

how a person can seek correction of information that the individual contends is erroneous.

Warnings. The Spokane Tribal Sex Offender 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 Spokane Tribal Sex Offender Registry Website shall have the

capability of conducting searches by (1) name; (2) county, city, and/or town; and, (3) zip

code and/or geographic radius.

Dru Sjodin National Sex Offender Public Website. The Tribe shall include in the design of its

registry website al field search capabilities needed for full participation in the Dru Sjodin

National Sex Offender Public Website and shall participate in that website as provided by the

Attorney General of the United States.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 6.02 REQUIRED AND PROHIBITED INFORMATION

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

Spokane Tribal 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 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

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 (as defined in 42 U.S.C. § 16911).

Witness Protection. For sex offenders who are under a witness protection program, the

Spokane Tribal Police may honor the request of the United States Marshals 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.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

SECTION 6.03 COMMUNITY NOTIFICATION

Law Enforcement Notification. Whenever a sex offender registers or updates his or her

information with the Tribe, the Spokane Tribal Police shall:

Monitor and utilize the SORNA Exchange Portal for inter-jurisdictional change of

residence, employment or student status.

Immediately update NCIC/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, or

FBI, tribal prosecutors, and tribal probation.

Immediately notify any and all other registration jurisdictions where the sex offender

is registered due to the sex offender’s residency, school attendance, or employment.

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) when a sex offender

registers or updates registration.

Enter or update information posted on the Spokane Tribal Sex Offender Registry

Website.

Community Notification. The Director of Spokane Tribal Information Technology shall ensure

there is an automated community notification process in place that ensures the following:

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

public sex offender registry website is immediately updated.

The Tribe’s public sex offender registry has a function that enables the general public

to request an email notice that will 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 so that the public can access the public registry for the new

information.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

IMMUNITY

SECTION 7.00

No waiver of immunity. Nothing under this Chapter shall be construed as a waiver of

sovereign immunity of the Spokane Tribe of Indians, its departments, agencies, employees,

or agents.

Good faith. Any person acting under good faith of this Title shall be immune from any civil

liability arising out of such actions.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

CRIMES AND CIVIL SANCTIONS

SECTION 8.00

Criminal Penalty. Each violation of a provision of this code by an Indian shall be considered a

crime and subject to a period of incarceration of no more than one year and/or a fine of not

more than $5000.

Civil Penalty. Each violation of a provision of this code by a non-Indian shall be considered a

civil violation subject to enforcement by any means not prohibited by federal law,

including, but not limited to the issuance of forfeitures, civil contempt, and fines of up to $5000.

Harboring a Sex Offender

A person commits the offense of Harboring a Sex Offender if they:

Knowingly harbors or knowingly attempts to harbor, or knowingly assists

another person in harboring or attempting to harbor a sex offender who is in

violation of this Chapter;

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

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

arrest the sex offender for, non compliance with the requirements of this

Chapter; or

Provides information to law enforcement agency regarding a sex offender

which the person knows to be false.

Legislative History: Enacted 9/08/2011; Resolu. 2011-381

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.