SEX OFFENDER REGISTRATION ACT-ORDINANCE ORDINANCE #

Transcription

1 SEX OFFENDER REGISTRATION ACT-ORDINANCE ORDINANCE # ARTICLE I. SHORT TITLE Short Title. This Ordinance may be cited as the "Sex Offender Registry 4 Ordinance" or "SaRNA." 5 ARTICLE II. FINDINGS; PURPOSE The Tribal Council finds that: 7 a. It is delegated responsibility, in Article IV, Section 7(a) of the constitution, "to 8 exercise the inherent powers of the Little River Band by establishing ordinances through the 9 enactment ofordinances and adoption ofresolutions not inconsistent with this Constitution: to govern the conduct of members of the Little River Band and other 11 persons within its jurisdiction; to promote, protect and provide for public health, peace, morals, education 13 and general welfare ofthe Little River Band and its members;" and, 14 b. It is further delegated responsibility, in Article IV, Section 70) of the 15 Constitution, "to take action, not inconsistent with this Constitution or Federal law, which shall 16 be necessary and proper to carry out the sovereign legislative powers ofthe Tribe." and, 17 c. Article IV, Section 7 of the Constitution of the Little River Band of Ottawa 18 Indians delegates to the Tribal Council the responsibility and authority to exercise the inherent 19 powers ofthe Little River Band by establishing laws through the enactment of ordinances and 20 adoption ofresolutions not inconsistent with the Constitution: to govern the conduct of members of the Little River Band and other 22 persons within its jurisdiction; to promote, protect, and provide for public health, peace, morals, 24 education, and general welfare of the Little River Band and its members; and 25 d. The regulation, control, and prohibition of certain activities and conduct on the 26 Tribe's reservation is necessary to protect the health, security, and general welfare of the Tribe, 27 its members, and the general public on the Tribe's reservation; and, 28 e. That sex offenders present a risk to reoffend and that the efforts of law 29 enforcement to protect the community, to conduct investigations, and to apprehend those who 30 commit sex offenses is impaired by the lack ofinformation available about individuals who have 31 pled to, or have been found guilty of, sex offenses; and, Sex Offender Registration Act Final Approval- July 6, 20 II Resolution #

2 1 f. That the Tribal Council has determined that the Adam Walsh Act, without Tribal 2 action, will result in an unprecedented expansion of state authority on Tribal lands and that the 3 Tribe has a compelling interest to protect Tribal sovereignty and Tribal jurisdiction over Tribal 4 lands; and, 5 g. That the Tribal Council has elected to carry out the requirements of the Adam 6 Walsh Act as a jurisdiction subject to its provisions in accordance with Resolution # , adopted on April 25, 2007; 8 h. That the Tribal Council has authorized negotiations with the State of Michigan in 9 an effort to enter into a cooperative agreement with the State under which the Tribe would 10 delegate certain technical aspects ofcompliance with the Adam Walsh Act to the State, and the 11 Tribe executed such an agreement on June 23,2009; 12 i. That nothing in this ordinance shall require the Tribe to provide the State of 13 Michigan with information in excess of the information required by the Adam Walsh Act and 14 Tribal law, other than administrative information necessary for the State ofmichigan to maintain 15 the database ofsex offenders; and, 16 j. That the Little River Band ofottawa Indians hereby establishes its policy to assist 17 the efforts of federal, state, and tribal law enforcement by requiring sex offenders who visit, 18 reside, are employed or are students within the Territorial Jurisdiction ofthe Little River Band of 19 Ottawa Indians, or are employed by the Tribe, to notify and register with the Little River Band of 20 Ottawa Indians Department ofpublic Safety Purpose. The purpose ofthis Ordinance is to implement the federal Sex Offender 22 Registration and Notification Act (SORNA), Section 1 of the United States Public Law Little River Band of Ottawa Indians finds that sex offenders present a risk of re- 24 offending and that the efforts of law enforcement to protect the community, to conduct 25 investigations and to apprehend those who commit sex offenses is impaired by the lack of 26 information available about individuals who have pled to, or have been guilty ofsex offenses. 27 Accordingly, this Ordinance establishes a registry for offenses, the requirements of 28 registration, and what crimes a person must register for if residing upon, visiting, are 29 employed, or are a student within the Territorial Jurisdiction of the Little River Band of 30 Ottawa Indians or are employed by the Tribe. This Ordinance shall be interpreted liberally to 31 comply with the terms and conditions ofsorna as presently written or hereafter amended. 32 ARTICLE III. DEFINITIONS 33 The following definitions shall apply to this Ordinance only: "Abscond' means failure to register and/or to leave, flee or depart quickly and 35 secretly and hide oneself with intent to avoid arrest or prosecution "BfA" shall mean the Bureau of Indian Affairs. Final Approval- July 6,

3 "CODIS" means the Combined DNA Index System maintained by the Federal 2 Government "Consensual" means involving or based on mutual consent "Conviction" or "Convicted" means that the sex offender has been or remains 5 subject to penal consequences based on the conviction, however it may be styled. This term 6 also includes convictions ofjuveniles who are prosecuted as adults "Department" means the Little River Band of Ottawa Indians Public Safety 8 Department "Dru Sjodin National Sex Offender Public Website" means the public website 10 maintained by the Attorney General ofthe United States pursuantto section of title ofthe United States Code "Employee" includes, but is not limited to, an individual who is self-employed or 13 works for any other entity, regardless of compensation, including volunteers, interns, elected 14 or appointed Tribal officials, Tribal commission members, Tribal committee members, and 15 board members ofany Tribal entity "Immediate" and "immediately" mean within three (3) days "Imprisonment" means incarceration pursuant to a conviction, regardless of the 18 nature of the institution in which the offender serves the sentence. The term is to be broadly 19 interpreted to include, by way of example but not as a limitation, confinement in a state 20 "prison" as well as in a federal, military, foreign, BIA, private or contract facility, or a local or 21 tribal ''j ail." "Indian" means a person who is a member or citizen of a federally recognized 23 Indian Tribe "Indian Tribe" means any federally or state recognized tribe "Internet identifiers" means all electronic mail addresses, instant message 26 addresses and identifiers, other designations or moniker used for self-identification in internet 27 communications or postings, and designations used for the purpose of routing or self- 28 identification in internet communications or postings "Jurisdiction" means the Tribe, any other Indian Tribe that has asserted 30 jurisdiction pursuant to section 127 of SaRNA, each 'of the 50 states, the District of 31 Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern 32 Mariana Islands, and the United States Virgin Islands "Membership-Based Jurisdiction" shall mean the inherent jurisdiction the Little 34 River Band of Ottawa Indians shall exercise over its members with regard to any matter 35 (regardless of the location of the actions giving rise to that matter) implicating or affecting 36 internal Tribal relations, or the Tribe's powers of self-government, or the health, safety, 3 Sex Offender Registration Act Final Approval- July 6, 2011

4 1 morals or welfare of the Tribe or its members. This membership-based jurisdiction shall be 2 exercised to the fullest extent consistent with this Constitution, the sovereign powers of the 3 Tribe, and federal law "Minor" means an individual who has not yet attained the age of 18 years "National Sex Offender Registry" or "NSOR" means the national database 6 maintained by the Attorney General of the United States pursuant to section of title 42 7 ofthe United States Code "Non-Indian" means a person who is not a member or citizen of a federally or state 9 recognized Indian Tribe "Resides" means, with respect to an individual, the location of the individual's 11 home or other place where the individual habitually lives, sleeps, or camps or place where the 12 individual lives, sleeps, or camps for more than 7 days during any given 30 day period "Sex Offense" means: 14 a. A conviction for any ofthe following Tribal offenses: (Rape Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance Article XIX, section of the Tribe's Criminal Offenses-Ordinance 18 (Aggravated Rape Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 20 (Rape of Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 22 (Aggravated Rape of Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 24 (Child Molestation Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 26 (Aggravated Child Molestation Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 28 (Sexual Misconduct with a Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 30 (Aggravated Sexual Misconduct with a Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 32 (Indecent Exposure Tier I); Sex Offender Registration Act Final Approval- July 6,

5 1 10. Article XIX, section of the Tribe's Criminal Offenses-Ordinance 2 (Public Sexual Indecency to a Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 4 (Prostitution Tier I); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 6 (Child Prostitution Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 8 (Sexual Exposure of a Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 10 (Sexual Abuse of a Child Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 12 (Visual Representation ofa Sexual Act Involving a Child Tier III); (Incest Tier III); Article XIX, section of the Tribe's Criminal Offenses-Ordinance 15 b. Federal offenses. A conviction for any of the following, and any other offense 16 that is later included in the definition of "sex offense" in section 16911(5) of title 42 of the 17 United States Code USC 1591 (sex trafficking ofchildren); 18 USC 1801 (video voyeurism ofa minor); USC 2241 (aggravated sexual abuse by force of threat of force, by 21 other means, or with children); pornography); 18 USC 2242 (sexual abuse); 18 USC 2243 (sexual abuse ofa minor or ward); 18 USC 2244 (abusive sexual contact); 18 USC 2245 (sexual offenses resulting in the death ofthe victim); 18 USC 2251 (sexual exploitation of children-producing child USC 2251A (selling or buying ofchildren with knowledge ofor for the 29 purpose ofproducing child pornography); USC 2252 (material involving the sexual exploitation of a minor- 31 selling or buying child pornography); Sex Offender Registration Act Final Approval- July 6,

6 USC 2252A (material containing child pornography; USC 2252B (misleading domain names on the internet with the intent 3 to deceive a person into viewing obscene material); USC 2252C (misleading words or digital images on the internet with 5 the intent to deceive a person into viewing obscene material); USC 2260 (production of sexually explicit depictions of a minor for 7 import into the United States); activity); USC 2421 (transportation ofa minor for illegal sexual activity); 18 USC 2422 (coercion and enticement of a minor for illegal sexual USC 2423 (transportation of minors with intent to engage in criminal 12 sexual activity or engaging in illicit sexual conduct in a foreign place); USC 2424 (failure to file factual statement about an alien individual 14 who is kept for the purpose ofprostitution); sexual conduct). 18 USC 2425 (transmitting information about a minor to further criminal 17 c. Foreign Offenses. Any conviction for a sex offense involving any conduct listed 18 in this Section that was obtained under the laws ofcanada, the United Kingdom, Australia, New 19 Zealand, or under the laws ofany foreign country when the United States State Department in its 20 Country Reports on Human Rights Practices has concluded that an independent judiciary 21 generally or vigorously enforced the right to a fair trial in that country during the year in which 22 the conviction occurred. 23 d. Military offenses. Any conviction for a military offense specified by the 24 Secretary of Defense under section 115(a)(8)(C)(i) of Public Law (codified at 10 USC note). 26 e. Juvenile offenses or adjudications. A conviction for a sex offense, that is 27 comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in USC 2241) and committed by a minor who is 14 years of age or older at the time of the 29 offense. This includes engaging in a sexual act with another by force or the threat of serious 30 violence; or engaging in a sexual act with another by rendering unconscious or involuntarily 31 drugging the victim. 32 f. Jurisdiction offenses. Any conviction committed in a Jurisdiction, including the 33 Tribe, that involves: Any type or degree of genital, oral, or anal penetration; Final Approval - July 6, 20 II 6

7 1 2. Any sexual touching of or sexual contact with a person's body, either 2 directly or through the clothing; Kidnapping ofa minor; False imprisonment ofa minor; 5 5. Solicitation to engage a minor in sexual conduct understood broadly to 6 include any direction, request, enticement, persuasion, or encouragement of a minor to engage in 7 sexual conduct; Use ofa minor in a sexual performance; Solicitation ofa minor to practice prostitution; Possession, production, or distribution ofchild pornography; Criminal sexual conduct that involves physical contact with a minor or the 12 use of the internet to facilitate or attempt such conduct. This includes offenses whose elements 13 involve the use ofother persons in prostitution, such as pandering, procuring, or pimping in cases 14 where the victim was a minor at the time ofthe offense; Any conduct that by its nature is a sex offense against a minor; or Any offense similar to those defined in sections 1591, 1801, 2241, 2242, , 2422(b), and 2423(a) oftitle 18 ofthe United States Code. 18 g. Attempts and conspiracies. Any attempt or conspiracy of any ofthe crimes listed 19 in this definition "Sex Offender" means a person convicted of a sex offense "Sex Offender Registry" means the registry of sex offenders, and the notification 22 program, maintained by the Little River Band of Ottawa Indians and the State of Michigan 23 pursuant to an agreement executed June 23, "Sexual Act" means: 25 a. Contact between the penis and the vulva or the penis and the anus, and for 26 purposes ofthis definition, contact involving the penis occurs upon penetration, however slight; 27 b. 28 anus; Contact between the mouth and penis, the mouth and the vulva, or the mouth and 29 c. The penetration, however slight, of the anal or genital opening of another by a 30 hand or finger or by any object, with an intent to abuse, humiliate, harass, degraded, or arouse or 31 gratify the sexual desire ofany person; or Final Approval- July 6,

8 1 d. The intentional touching, not through the clothing, of the genitalia of another 2 person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, 3 degrade, or arouse or gratify the sexual desires ofany person "Sexual Contact" means the intentional touching, either directly or through the 5 clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an 6 intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another 7 person "SORNA" means the Sex Offender Registration and Notification Act, Title I ofthe 9 Adam Walsh Child Protection and Safety Act of 2006 P.L , being 42 USC et. 10 seq., as amended "Student" means a person who enrolls in or attends an educational institution 12 within the Territorial Jurisdiction of the Little River Band of Ottawa Indians, including a 13 secondary school, trade or professional school, or an institution of higher education, or is an 14 intern or extern "Temporary lodging" means any horne, place, or location where a sex offender 16 lives, sleeps, or camps while he or she is away from his or her residence for 7 consecutive 17 days or more "Territorial Jurisdiction. " The territorial jurisdiction of the Little River Band of 19 Ottawa Indians shall encompass all lands which are now or hereinafter owned by or reserved 20 for the Tribe or for Tribal members, including but not limited to the Manistee Reservation in 21 Manistee County (Michigan), and Custer and Eden Townships in Mason County (Michigan), 22 or are held in trust for the Tribe or any member ofthe Tribe by the United States ofamerica. 23 The Tribe's territorial jurisdiction shall be exercised to the fullest extent consistent with this 24 Constitution, the sovereign powers ofthe Tribe, and federal law "Tribal Court" means the Little River Band of Ottawa Indians Tribal Court "Tribal Member" means a person who is an enrolled member of the Little River 27 Band of Ottawa Indians "Tribe" means the Little River Band ofottawa Indians and any Tribal entity "Visitor" means any person within the Territorial Jurisdiction of the Little River 30 Band ofottawa Indians who is not a resident. 31 ARTICLE IV. OFFENSES THAT REQUIRE A PERSON TO REGISTER Covered Offenses. Individuals who reside, are students, or are employed within 33 the Territorial Jurisdiction of the Little River Band of Ottawa Indians, as well as individuals 34 who are employed by the Tribe, shall immediately register under this Ordinance with the 35 Tribe if they have been convicted of a Sex Offense, or an attempt or conspiracy to commit a 36 Sex Offense. Final Approval- July 6,20 II 8

9 Exceptions. Individuals convicted ofthe following Sex Offenses need not register: 2 a. Offenses involving consensual sexual conduct. A conviction for an offense 3 involving consensual sexual conduct does not require registration under this Ordinance if the 4 victim was an adult, unless the adult was under the custodial authority ofthe offender at the time 5 ofthe offense, or if the victim was at least thirteen years old and the offender was not more than 6 four years older than the victim. 7 ARTICLE V. TIERED OFFENSES 8 Sex offenders who must register under this Ordinance are subject to different registration 9 requirements, depending upon the severity ofthe crime for which a sex offender is convicted Tier 1 Offenses include the following: 11 a. Any sex offense for which a person has been convicted, or an attempt or 12 conspiracy to commit such an offense, that is not a "Tier 2" or "Tier 3" offense; 13 b. Any offense for which a person has been convicted by any Jurisdiction that 14 involves the false imprisonment ofa minor, video voyeurism ofa minor, or possession or receipt 15 ofchild pornography c. d. All first convictions of Sex Offenses under the Tribal Criminal Code. A conviction for any ofthe following: sexual conduct). 18 USC 1801 (video voyeurism ofa minor); 18 USC 2252 (receipt or possession ofchild pornography); 18 USC 2252A (receipt or possession ofchild pornography); 18 USC 2252B (misleading domain names on the internet); 18 USC 2252C (misleading words or digital images on the internet); 18 USC 2422(a) (coercion to engage in prostitution); 18 USC 2423(b) (travel with the intent to engage in illicit conduct); 18 USC 2423(c) (engaging in illicit conduct in foreign places); 18 USC 2424 (failure to file factual statement about an alien individual); 18 USC 2425 (transmitting information about a minor to further criminal Sex Offender Registration Act Final Approval - July 6,

10 1 e. A conviction for any military offense specified by the Secretary ofdefense under 2 section 115(a)(8)(C)(i) of Public Law (codified at 10 USC 951 note) that is similar to 3 the convictions for offenses listed in Section 5.01 a, b, and c ofthis Ordinance Tier 2 Offenses include the following: 5 a. Unless it constitutes a Tier 3 Offense, any conviction for a sex offense that is not 6 the first sex offense for which a person has been convicted and that is punishable by more than 7 one year in jail. 8 b. A conviction for any sex offense against a minor, or an attempt or conspiracy to 9 commit such an offense, that involves: The use ofminors 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 ofage; Sexual contact with a minor 13 years of age or older, whether directly or 14 indirectly through the clothing, that involved the intimate parts ofthe body; The use ofa minor in a sexual performance; or, The production or distribution ofchild pornography. 17 c. A conviction for any of the following: or older); USC 1591 (sex trafficking by force, fraud, or coercion); 18 USC 2243 (sexual abuse ofa minor or ward); 18 USC 2244 (abusive sexual contact, where the victim is 13 years of age pornography); 18 USC 2251 (sexual exploitation ofchildren); 18 USC 2251A (selling or buying ofchildren); 18 USC 2252 (material involving the sexual exploitation ofa minor); 18 USC 2252A (production or distribution of material containing child USC 2260 (production of sexually explicit depictions of a minor for 28 import into the United States); Sex Offender Registration Act Final Approval- July 6, 2011 Resolution # USC 2421 (transportation ofa minor for illegal sexual activity); 10

11 USC 2422(b) (coercing a minor to engage in prostitution); or, 18 USC 2423(a) (transporting a minor to engage in illicit conduct). 3 d. A conviction for any military offense specified by the Secretary of Defense under 4 section 115(a)(8)(C)(i) of Public Law (codified at 10 USC 951 note) that is similar to 5 those offenses outlined in Section 5.02 a, b, and c ofthis Ordinance Tier 3 Offenses include the following: 7 a. A conviction for any sex offense that is punishable by more than one year in jail 8 where the offender has a least one prior conviction for a Tier 2 Offense as defined by this 9 Ordinance. lob. A conviction for any sex offense or an attempt or conspiracy to commit such an 11 offense, that involves: Non-parental kidnapping ofa minor; A sexual act with another by force or threat; A sexual act with another who has been rendered unconscious or 15 involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or 16 declining to participate; or, Sexual contact with a minor 12 years of age or younger, including 18 offenses that cover sexual touching of, or contact with, the intimate parts of the body, either 19 directly or through the clothing. 20 c. A conviction for any ofthe following: contact) USC 2241 (aggravated sexual abuse); 19 USC 2242 (sexual abuse); or, 18 USC 2244 if the victim is 12 years of age or younger (abusive sexual 25 d. A conviction for any military offense specified by the Secretary of Defense under 26 section 115(a)(8)(C)(i) of Public Law (codified at 10 USC 951 note) that is similar to 27 those offenses outlined in Section 5.03 a and b ofthis Ordinance. 28 e. A second conviction ofa Sex Offense under the Tribal Criminal Code. 29 ARTICLE VI. REGISTRATION When required. A sex offender must register with the Tribe if: Final Approval- July 6, 20\\ Resolution # \\

12 1 a. The sex offender was convicted by the Tribal Court of a sex offense regardless of 2 the sex offender's actual or intended residency. 3 b. If the sex offender is incarcerated by the Tribe while completing any sentence for 4 a sex offense, regardless ofwhether it is the same Jurisdiction as the Jurisdiction ofconviction or 5 residence. 6 c. If the sex offender resides within the Territorial Jurisdiction of the Little River 7 Band of Ottawa Indians. 8 d. Ifthe sex offender is employed by the Tribe in any capacity. 9 e. If the sex offender is employed within the Territorial Jurisdiction of the Little 10 River Band of Ottawa Indians, regardless ofthe employer. 11 f. If the sex offender is a student in any capacity within the Territorial Jurisdiction 12 ofthe Little River Band of Ottawa Indians. 13 g. If the sex offender is a Tribal Member, regardless of whether the sex offender 14 resides within the Territorial Jurisdiction ofthe Little River Band of Ottawa Indians Timing. A sex offender required to register shall do so in the following timeframe: 16 a. If convicted by the Tribe for a sex offense and incarcerated, the sex offender must 17 register before being released from imprisonment. 18 b. If convicted by the Tribe for a sex offenses and not incarcerated, the sex offender 19 must register immediately after sentencing for the sex offense. 20 c. Ifthe sex offender establishes a residence within the Territorial Jurisdiction ofthe 21 Little River Band ofottawa Indians, the sex offender must register immediately. 22 d. Ifthe sex offender becomes employed by the Tribe in any capacity or commences 23 employment within the Territorial Jurisdiction of the Little River Band of Ottawa Indians, the 24 sex offender must register immediately. 25 e. If the sex offender becomes a student within the Territorial Jurisdiction of the 26 Little River Band of Ottawa Indians, the sex offender must register immediately. 27 f. If the sex offender is a Tribal Member, the sex offender must register 28 immediately, regardless ofthe Tribal Member's place ofresidence or conviction Keeping registration current. All sex offenders required to register under this 30 Ordinance shall immediately appear in person to update any changes to their name, residence, 31 employment, student status, or termination of residence. In addition, the sex offender must 32 keep his or her registration current in the following manner: Final Approval- July 6,

13 1 a. All sex offenders required to register under this Ordinance shall immediately 2 inform the Tribe ofany changes to their temporary lodging information (as described in Section ofthis Ordinance), vehicle information, internet identifiers, or telephone numbers. In the 4 event of a change in temporary lodging, the sex offender and the Tribe shall immediately notify 5 the Jurisdiction in which the sex offender will be temporarily staying. 6 b. If the sex offender intends to travel or otherwise relocate outside of the United 7 States, the sex offender must inform the Tribe at least 21 days in advance of such travel. The 8 Tribe shall immediately notify any other Jurisdiction where the sex offender is registered or is 9 required to register and immediately notify the United States Marshals Service and update 10 NSOR. 11 c. A sex offender who is a student within the Territorial Jurisdiction of the Little 12 River Band of Ottawa Indians that changes schools, or otherwise terminates schooling, shall 13 immediately and in person update that information. The Tribe shall ensure that each Jurisdiction 14 in which the sex offender is required to register, or was required to register prior to the updated 15 information being given, are immediately notified ofthe change. 16 d. A sex offender who is employed by the Tribe or is otherwise employed within the 17 Territorial Jurisdiction ofthe Little River Band of Ottawa Indians that changes employment, or 18 otherwise terminates employment, shall immediately and in person update that information. The 19 Tribe shall ensure that each jurisdiction in which the sex offender is required to register, or was 20 required to register prior to the updated information being given, are immediately notified ofthe 21 change Tribal Duties. When a sex offender initially registers or changes his or her 23 information, the Tribe shall do the following: 24 a. When a sex offender initially registers with the Tribe, the Tribe shall inform the 25 sex offender of his or her duties under SORNA and shall require the sex offender to read and 26 sign an acknowledgement form that states that the duty to register has been explained and that 27 the sex offender understands the registration obligations under SORNA. The Tribe shall ensure 28 that the sex offender is registered at this time and that such information is submitted to the Sex 29 Offender Registry. 30 b. 31 notify: When a sex offender changes their information, the Tribe shall immediately student; register; and All Jurisdictions where a sex offender intends to reside, work, or become a Any Jurisdiction where the sex offender is either registered or required to 36 c. Specifically with respect to information relating to a sex offender's intent to 37 commence residence, student status, or employment outside of the United States, any 38 Jurisdiction where the sex offender is either registered or required to register, and the United Final Approval - July 6, 20 II Resolution # I )

14 1 States Marshals Service. The Tribe shall also ensure this information is immediately updated on 2 NSOR. 3 ARTICLE VII. FREQUENCY, 4 REGISTRATIONS. DURATION, AND REDUCTION OF Frequency. A sex offender who is required to register under this Ordinance shall, 6 at a minimum, appear in person for purposes of verification and keeping their registration 7 current in accordance with the following time frames: 8 a. For Tier 1 offenders, once every year for 15 years from the time of release from 9 custody for a sex offender who is incarcerated for the sex offense or from the date of sentencing 10 for a sex offender who is not incarcerated for the sex offense. 11 b. For Tier 2 offenders, once every 180 days for 25 years from the time of release 12 from custody for a sex offender who is incarcerated for the registration offense or from the date 13 of sentencing for a sex offender who is not incarcerated for the sex offense. 14 c. For Tier 3 offenders, once every 90 days for the rest oftheir lives Reduction in Registration Periods. A sex offender's registration and notification 16 requirements shall be terminated only ifthe following conditions are met. 17 a. Tier 1 Sex Offender If a Tier 1 sex offender maintains a clean record for 10 years, then the sex offender's registration requirements shall be terminated. A clean record includes the following: (a) Not being convicted of any offense for which imprisonment for more than 1 year may be imposed; (b) Not being convicted ofany sex offense; (c) Successfully completing any periods of supervised release, probation, and parole; and (d) Successfully completing of an appropriate sex offender treatment program certified by a Jurisdiction or by the Attorney General. b. Tier 3 Offender. 1. If a Tier 3 sex offender is required to register based on a delinquency adjudication for an offense that required Tier 3 registration maintains a clean record for 25 years, then the sex offender's registration and notification requirements shall be terminated. A clean record includes the following: (a) Not being convicted ofany offense for which imprisonment for more than 1 year may be imposed; 14 Final Approval- July 6, 20 II

15 1 2 (b) Not being convicted ofany sex offense; 3 4 (c) Successfully completing any periods of supervised release, 5 probation, and parole; and 6 7 (d) Successfully completing of an appropriate sex offender treatment 8 program certified by a jurisdiction or by the Attorney General ARTICLE VIII. RETROACTIVE REGISTRATION The Tribe shall have in place policies and procedures to ensure the following three 12 categories of sex offenders are subject to the requirements ofthis Ordinance: 13 a. Sex offenders incarcerated or under the supervision of the Tribe, whether for a 14 covered sex offense or other crime; and, 15 b. Sex offenders already registered or subject to a pre-existing sex offender 16 registration requirement under the Tribe's laws; and, 17 c. Sex offenders reentering the justice system due to conviction for any felony Timing. The Tribe shall ensure the registration ofthe sex offenders referenced in 19 this Article within the following timeframe to be calculated from the date ofthis Ordinance's 20 effective date: a. b. c. For Tier 1 sex offenders, 1 year; For Tier 2 sex offenders, 180 days; and, For Tier 3 sex offenders, 90 days. 24 ARTICLE IX. FAILURE TO APPEAR OR FAILURE TO REGISTER Failure to appear. In the event a sex offender fails to register as required by this 26 Ordinance, the Tribe shall immediately inform the Jurisdiction that provided notification that 27 the sex offender was to commence residency, employment, or become a student within the 28 Territorial Jurisdiction ofthe Little River Band ofottawa Indians that the sex offender failed 29 to appear for registration Absconded sex offenders. If the Tribe receives information that a sex offender has 31 absconded, the Tribe shall make an effort to determine if the sex offender has actually 32 absconded. 33 a. In the event the Tribe cannot determine if the sex offender absconded, the Tribe 34 shall ensure that all appropriate law enforcement agencies are notified. Final Approval- July 6,

16 1 b. If the information indicating the possible absconding came through notice from 2 another jurisdiction, they shall be informed that the sex offender has failed to appear and register. 3 c. If an absconded sex offender cannot be located, then the Tribal shall take the 4 following steps: 5 1. Update the registry to reflect the sex offender has absconded or IS 6 otherwise not capable of being located; 7 2. Notify the United States Marshals Service; 8 3. Seek a warrant for the sex offender's arrest. The United States Marshals 9 Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender's 10 arrest; Update the NSORto reflect the sex offender's status as an absconder, or is 12 otherwise not capable of being located; and, Person File. Enter the sex offender into the National Crime Information Center Wanted Failure to register. In the event a sex offender who is required to register due to 16 their residence, employment, or status as a student fails to do so or otherwise violates a 17 registration requirement of this code, the Tribe shall take all appropriate follow-up measures 18 including those outlined in Section 9.02 of this Ordinance. The Tribe shall first make an 19 effort to determine ifthe sex offender actually resides, is actually employed by the Tribe, or is 20 employed or a student within the Territorial Jurisdiction of the Little River Band of Ottawa 21 Indians. 22 ARTICLE X. REQUIRED INFORMATION A sex offender required to register under this Ordinance shall provide all of the 24 information detailed in this Article to the Tribe. All information obtained by the Tribe 25 pursuant to this Ordinance shall be maintained in a digitized format, and the Tribe shall 26 maintain a registry in an electronic database in a form capable ofelectronic transmission Name. The Tribe shall obtain, and a sex offender required to register under this 28 Ordinance shall provide, the following information related to the sex offender's name: 29 a. The sex offender's full primary given name; 30 b. All nicknames, aliases, and pseudonyms used by the sex offender, regardless of 31 the context in which it is used; and, 32 c. All ethnic or tribal names by which the sex offender is commonly known. This 33 does not include any religious or sacred names not otherwise commonly known. Sex Offender Registration Act Final Approval- July 6,

17 Information about the sex offense. The Tribe shall obtain the text of each 2 provision oflaw defining the sexual offense for which the sex offender is registered under this 3 Ordinance Criminal history. The Tribe shall obtain, and a sex offender required to register 5 under this Ordinance shall provide, the following information related to the sex offender's 6 criminal history: a. b. c. d. e. The date ofall arrests; The date ofall convictions; The sex offender's status ofparole, probation, or supervised release; The sex offender's registration status; and, Any outstanding arrest warrants Date ofbirth. The Tribe shall obtain, and a sex offender required to register under 13 this Ordinance shall provide, the following information related to the sex offender's date of 14 birth: a. b. The sex offender's actual date of birth; and, Any other date ofbirth used by the sex offender DNA sample. If the sex offender's DNA is not already contained in the CODIS, 18 the Tribe shall obtain, and a sex offender required to register under this Ordinance shall 19 provide, a sample ofthe sex offender's DNA. Any DNA sample obtained shall be submitted 20 to an appropriate lab for analysis and entry ofthe resulting DNA profile in to CODIS Driver's license. The Tribe shall obtain, and a sex offender required to register 22 under this Ordinance shall provide, a photocopy of all of the sex offender's valid driver's 23 licenses issued by any Jurisdiction Identification Cards. The Tribe shall obtain, and a sex offender required to register 25 under this Ordinance shall provide, a photocopy of any identification card including the sex 26 offender's tribal enrollment card issued by any jurisdiction Passports. The Tribe shall obtain, and a sex offender required to register under this 28 Ordinance shall provide, a photocopy of any passports used by the sex offender Immigration documents. The Tribe shall obtain, and a sex offender required to 30 register under this Ordinance shall provide, a photocopy of any and all immigration 31 documents. Sex Offender Registration Act Final Approval- July 6, 2011 Resolution #

18 Employment information. The Tribe shall obtain, and a sex offender required to 2 register under this Ordinance shall provide, the following information related to the sex 3 offender's employment, to include all places where the sex offender is employed: a. b. c. The name of the sex offender's employer; The address of the sex offender's employer; and, Similar information related to any transient or day labor employment Finger and palm prints. The Tribe shall obtain, and a sex offender required to 8 register under this Ordinance shall provide, both finger prints and palm prints of the sex 9 offender in a digitized format. The Tribe shall submit the fingerprints to the Integrated 10 Automated Fingerprint Identification System and the palm prints to the FBI Central Database 11 (Next Generation Identification Program). In the event that a sex offender has missing or 12 deformed fingers or palms, the Tribe shall make every attempt to record the available 13 fingerprint and/or palm areas and shall note any absence or deformity in the relevant 14 fingerprint or palm block (e.g., amputated, missing at birth, crippled, etc.) Internet names. The Tribe shall obtain, and a sex offender required to register 16 under this Ordinance shall provide, all information related to the sex offender's internet 17 identifiers Phone numbers. The Tribe shall obtain, and a sex offender required to register 19 under this Ordinance shall provide, the following information related to the sex offender's 20 telephone numbers: 21 a. All telephone numbers and any other designations used by the sex offender for 22 purposes ofrouting or self-identification in telephonic communications; b. c. All land line telephone numbers commonly used by the sex offender; and, All cellular telephone numbers commonly used by the sex offender Photograph. The Tribe shall obtain, and a sex offender required to register under 26 this Ordinance shall provide, a current photograph ofthe sex offender. Unless the appearance 27 ofa sex offender has not changed significantly, a digitized photograph shall be collected: a. b. c. Every 90 days for Tier 3 sex offenders; Every 180 days for Tier 2 sex offenders; and, Every year for Tier 1 sex offenders Physical description. The Tribe shall obtain, and a sex offender required to 32 register under this Ordinance shall provide, an accurate description of the sex offender as 33 follows: Sex Offender Registration Act Final Approval - July 6, 20 II 18

19 1 a. A physical description; 2 b. 3 and, 4 c. 5 tattoos. A general description of the sex offender's physical appearance or characteristics; Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or Professional licensing information. The Tribe shall obtain, and a sex offender 7 required to register under this Ordinance shall provide, all licensing of the sex offender that 8 authorizes the sex offender to engage in an occupation or carry out a trade or business Residence address. The Tribe shall obtain, and a sex offender required to register 10 under this Ordinance shall provide, the following information related to the sex offender's 11 residence: 12 a. 13 and, The address of each residence at which the sex offender resides or will reside; 14 b. Any location or description that identifies where the sex offender habitually 15 resides regardless of whether it pertains to a permanent residence or location otherwise 16 identifiable by a street or address School. The Tribe shall obtain, and a sex offender required to register under this 18 Ordinance shall provide, the following information related to the sex offender's school: a. b. c. d. The address ofeach school where the sex offender is currently a student; The address ofeach school where the sex offender will be a student; The name of each school where the sex offender is currently a student; and, The name of each school where the sex offender will be a student Social security number. The Tribe shall obtain, and a sex offender required to 24 register under this Ordinance shall provide, the following information: 25 a. 26 b. 27 otherwise. A valid social security number for the sex offender; and, Any social security number the sex offender has used in the past, valid or Temporary lodging information. The Tribe shall obtain, and a sex offender 29 required to register under this Ordinance shall provide, the following information when the 30 sex offender will be absent from the sex offender's residence for 7 days or more: 31 a. Identifying information of the temporary lodging locations, including addresses 32 and names; and, Final Approval- July 6, 201\ Resolution # \

20 1 b. The dates the sex offender will be staying at each temporary lodging location Vehicle information. The Tribe shall obtain, and a sex offender required to 3 register under this Ordinance shall provide, the following information related to all vehicles 4 owned or operated by the sex offender for work or personal use including land vehicles, 5 aircraft, and watercraft: a. b. c. d. License plate numbers; Registration numbers or identifiers; General description ofthe vehicle to include color, make, model, and year; and, Any permanent or frequent location where any covered vehicle is kept In person appearance requirements. At each in person verification, as explained in 11 Article 7 ofthis Ordinance, the sex offender shall: a. b. Permit the Tribe to take a photograph ofthe sex offender; and, Review existing information for accuracy and update the information as needed Notification of Jurisdictions. If, during an in-person verification, any new 15 information or change in information is obtained by the Tribe, the Tribe shall immediately 16 notify all other Jurisdictions in which the sex offender is required to register of the 17 information or change in information In order to ensure that this provision is complied with by individuals who are 19 employed within the Territorial Jurisdiction of the Little River Band of Ottawa Indians, each 20 Tribal entity shall develop appropriate procedures that notify all contractors that the Tribe has 21 adopted a Tribal Sex Offender Registration and Notification Ordinance and that each 22 contractor must notify its employees that they may be required to register under this 23 Ordinance, notwithstanding whether such employees are registered in another jurisdiction. 24 ARTICLE XI. PUBLIC SEX OFFENDER REGISTRY WEBSITE Website. The Tribe shall use and maintain a public sex offender registry website Links. The registry website shall include links to sex offender safety and 27 education resources Instructions. The registry website shall include instructions on how a person can 29 seek correction ofinformation that the individual contends is erroneous Warnings. The registry website shall include a warning that the information 31 contained on the website should not be used to unlawfully injure, harass, or commit a crime 32 against any individual named in the registry or residing or working at any reported addresses 33 and that any such action could result in civil or criminal penalties. Sex Offender Registration Act Final Approval- July 6,

21 Search capabilities. The registry website shall have the capability of conducting 2 searches by (1) name; (2) county, city, and/or town; and, (3) zip code and/or geographic 3 radius Dru Sjodin National Sex Offender Public Website. Any website utilized by the 5 Tribe shall include all field search capabilities needed for full participation in the Dru Sjodin 6 National Sex Offender Public Website and shall participate in that website as provided by the 7 Attorney General ofthe United States Information available to public. The following information shall be made 9 available to the public on the sex offender registry website: loa. Notice that a sex offender is in violation of their registration requirements or 11 cannot be located ifthe sex offender has absconded; 12 b. All sex offenses for which the sex offender has been convicted; 13 c. The sex offense or offenses for which the offender is currently registered; 14 d. The address ofthe sex offender's employer or employers; 15 e. The name ofthe sex offender, including all aliases; 16 f. A current photograph ofthe sex offender; 17 g. A physical description ofthe sex offender; 18 h. The residential address and, ifrelevant, a description ofa habitual residence ofthe 19 sex offender; All addresses of schools attended by the sex offender; 21 J. The residential address and, ifrelevant, a descriptionofa habitual residence ofthe 22 sex offender; 23 k. All addresses of schools attended by the sex offender; and, Vehicle license plate numbers, along with a description of any vehicle owned or 25 operated by the sex offender Prohibited information. The following information shall not be available to the 27 public on the sex offender registry website: a. b. c. Any arrest that did not result in conviction; The sex offender's social security number; Any travel and immigration documents; Sex Offender Registration Act Final Approval - July 6, 20 II 21

22 1 2 d. e. The identity ofany victim; Internet identifiers, as defined in 42 USC 16911; 3 f. If a sex offender is under a witness protection program, the Tribe may honor the 4 request of the United States Marshals Service or other agency responsible for witness protection 5 by not including the original identity of the offender on the publicly accessible sex offender 6 registry website. 7 ARTICLE XII. COMMUNITY NOTIFICATION Law enforcement notification. Whenever a sex offender registers or updates their 9 information under this Ordinance, the Tribe shall: 10 a. Comply with any guidance provided by the SMART Office on the monitoring 11 and/or utilizing of the SORNA Exchange Portal for inter-jurisdictional change of residence, 12 employment, or student status. 13 b. Immediately notify the FBI or other federal agency as designated by the Attorney 14 General in order that the information may be updated on NSOR or other relevant databases; 15 c. Immediately notify any agency, department, or program within the Tribe that is 16 responsible for criminal investigation, prosecution, child welfare or sex offender supervision 17 functions, including, but not limited to, the following agencies, departments, or programs: Office ofthe Tribal Prosecutor; Department ofpublic Safety; Department offamily Services; The Binojeeuk Commission; Child Protection Team; Housing Department; Gaming Commission; Peacemaking and Probation Department; Education Department; Historic Preservation Department; and Natural Resources Department 29 d. Immediately notify all Jurisdictions where the sex offender is registered due to the 30 sex offender's residency, employment, or status as a student; 22 Final Approval - July 6, 20 II Resolution #