Tribal Code

Sex offender registration and notification

WARM SPRINGS TRIBAL CODE

CHAPTER 380

SEX OFFENDER REGISTRATION AND NOTIFICATION

Table of Contents

I. GENERAL
380.001 Purpose
380.002 Creation of Sex Offender Registry
380.003 Creation of Public Sex Offender Registry Website

II. TERMINOLOGY AND COVERED OFFENSES
380.010 Definitions
380.015 Covered Offenses

III. TIERING OF OFFENSES
380.100 Tier 1 Offenses
380.105 Tier 2 Offenses
380.110 Tier 3 Offenses
380.115 Frequency and Duration
380.120 Requirements for In-Person Appearances

IV. REQUIRED INFORMATION
380.200 General Requirements
380.205 Criminal History
380.210 Date of Birth
380.215 DNA Sample
380.220 Driver’s Licenses, Identification Cards, Passports, and Immigration Documents
380.225 Employment Information
380.230 Finger and Palm Prints
380.235 Internet Identifiers
380.240 Name
380.245 Phone Numbers
380.250 Picture
380.255 Physical Description
380.260 Professional Licensing Information
380.265 Residence Address
380.270 School
380.275 Social Security Number
380.280 Temporary Lodging
380.285 Offense Information
380.290 Vehicle Information
380.295 International Travel

V. REGISTRATION
380.300 When Registration with the Tribe is Required
380.305 Initial Registration
380.310 Retroactive Registration
380.315 Keeping Registration Current
380.320 Failure to Appear for Registration and Absconding

VI. PUBLIC SEX OFFENDER REGISTRY WEBSITE
380.400 Website
380.405 Required and Prohibited Information
380.410 Community Notification

VII. IMMUNITY
380.500 No Waiver of Immunity
380.505 Good Faith

VIII. CRIMES AND CIVIL SANCTIONS
380.600 Criminal Penalties
380.605 Civil Penalties
380.610 Hindrance of Sex Offender Registration

WARM SPRINGS TRIBAL CODE

CHAPTER 380

SEX OFFENDER REGISTRATION AND NOTIFICATION

I. GENERAL

380.001 Purpose. The Tribal Council finds that convicted sex offenders present a risk to reoffend and that the efforts of law enforcement to protect the community, to conduct investigations and to apprehend those who commit sex offenses is impaired by the lack of information available about individuals who have pled guilty to, or have been found guilty of, sex offenses. The Tribal Council hereby establishes its policy to assist the efforts of federal, state and tribal law enforcement in protecting the public from sex offenders by requiring sex offenders who reside, work, or attend school on land subject to the jurisdiction of the Tribe to notify and to register with the Tribal Registry Administrator in accordance with the Sex Offender Registration and Notification Act (“SORNA”) (Section I of P.L. 109-248). This Chapter shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended.

380.002 Creation of Sex Offender Registry. There is hereby established a sex offender registry, which the Tribal Registry Administrator shall maintain and operate pursuant to the provisions of this Chapter.

380.003 Creation of Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, which the Tribal Registry Administrator shall maintain and operate pursuant to the provisions of this Chapter.

II. TERMINOLOGY AND COVERED OFFENSES

380.10 Definitions.1

  1. “Abscond” means to depart or to hide to avoid registration, arrest or prosecution.
  2. “Attends school” means that a person has enrolled in or attends either a private or a public education institution, including a secondary school, a trade or professional school, or an institution of higher education.
  3. “Convicted” means a sex offender has been subject to punitive consequences based on a conviction, however it may be styled, including convictions of minors who are prosecuted as adults. (a) The term “convicted” includes adjudicated delinquent as a juvenile for a sex offense if the sex offense adjudicated was comparable to or more severe than “aggravated sexual abuse” as described in 18 U.S.C. § 2241 (forcing another person to engage in a sexual act through force, threat of force, or by administering drugs or intoxicants; or knowingly engaging in a sexual act with a person under the age of twelve (12) years) or was an attempt or conspiracy to commit such an offense. (b) The term “convicted” includes convictions that are on appeal until the time that the conviction is reversed or vacated on appeal.
  4. “Dru Sjodin National Sex Offender Public Website” (“NSOPW”) means the national public website that is maintained by the United States Attorney General pursuant to 42 U.S.C. § 16920.
  5. “Employed” includes, but is not limited to, self-employment or the performance of work for any other entity, regardless of compensation. Interning, externing, apprenticing, or volunteering for a tribal agency, tribal enterprise, tribal program, or any other business or organization are included within the definition of employed for registration purposes.
  6. “Felony tribal sex offense” means a sex offense set forth under the laws of a tribe that would be considered a felony under federal law or under the laws of the State of Oregon.
  7. “Foreign Conviction” means a conviction obtained outside of the United States.
  8. “Immediately” means within three (3) business days.
  9. “Imprisonment” means incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence, including house arrest.
  10. “Jurisdiction” means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.
  11. “Minor” means an individual who has not attained the age of 18 years.
  12. “NSOR” means the National Sex Offender Registry database maintained by the Federal Bureau of Investigation (FBI) pursuant to 42 U.S.C. § 16945.
  13. “Reside” or “resides” means, with respect to an individual, the location of the individual’s home or where the person habitually lives.
  14. “Sex Offense” means those offenses enumerated in WSTC 380.015 and any additional offenses contained in SORNA, 42 U.S.C. § 16911(5).
  15. “Sex Offender” means a person convicted of a sex offense.
  16. “Sex Offender Registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction.
  17. “Sex Offender Registry of the Warm Springs Tribe” means the registry of sex offenders, and the notification program, maintained by the Warm Springs Tribal Registry Administrator.
  18. “Sexual Act” means: (a) Contact between the mouth of a person with the genitalia or anus of another person, or oral, anal, or vaginal penetration of any kind with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or (b) The intentional touching, not through the clothing, of the genitalia or anus of another person that has not reached the age of eighteen (18) years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
  19. “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
  20. “SORNA” means the Sex Offender Registration and Notification Act (“SORNA”), 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.
  21. “Tier I Sex Offender” means a person that has been convicted of a “Tier I” sex offense as defined in WSTC 380.100.
  22. “Tier 2 Sex Offender” means a person that has either been convicted of a “Tier 2” sex offense as defined in WSTC 380.105(2), or who is subject to the recidivist provisions of WSTC 380.105(1).
  23. “Tier 3 Sex Offender” means a person that has been convicted of a “Tier 3” sex offense as defined in WSTC 380.110.
  24. “Tribal Registry Administrator” means the person or persons designated by the Public Safety General Manager to administer the registration process set forth in this Chapter.
  25. “Tribe” means the Confederated Tribes of the Warm Springs Reservation of Oregon.
  26. “Warm Springs Public Sex Offender Registry Website” means the public sex offender website maintained by the Tribal Registry Administrator as set out in Title VI of this Chapter (WSTC 380.400 – 380.410).

380.15 Covered Offenses. Any person that resides, attends school, or is employed within the exterior boundaries of the Warm Springs Reservation (“Reservation”) or on property owned by the Tribe in fee or trust, regardless of location, that has been convicted of the following offenses, or has been convicted of an attempt or a conspiracy to commit any of the following offenses, is subject to the requirements of this Chapter:

  1. Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of “sex offense” at 42 U.S.C. § 16911(5): (a) 18 U.S.C. § 1591 (sex trafficking of children), (b) 18 U.S.C. § 1801 (video voyeurism of a minor), (c) 18 U.S.C. § 2241 (aggravated sexual abuse), (d) 18 U.S.C. § 2242 (sexual abuse), (e) 18 U.S.C. § 2243 (sexual abuse of a minor or ward), (f) 18 U.S.C. § 2244 (abusive sexual contact), (g) 18 U.S.C. § 2245 (offenses resulting in death), (h) 18 U.S.C. § 2251 (sexual exploitation of children), (i) 18 U.S.C. § 2251A (selling or buying of children), (j) 18 U.S.C. § 2252 (material involving the sexual exploitation of a minor), (k) 18 U.S.C. § 2252A (material constituting or containing child pornography), (l) 18 U.S.C. § 2252B (misleading domain names on the Internet), (m) 18 U.S.C. § 2252C (misleading words or digital images on the Internet), (n) 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States), (o) 18 U.S.C. § 2421 (transportation of any individual for illegal sexual activity), (p) 18 U.S.C. § 2422 (coercion and enticement of any individual for illegal sexual activity), (q) 18 U.S.C. § 2423 (transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct, engaging in illicit sexual conduct in foreign places), (r) 18 U.S.C. § 2424 (failure to file factual statement about an alien individual), and (s) 18 U.S.C. § 2425 (use of interstate facilities to transmit information about a minor).
  2. Foreign Offenses. Any conviction for an offense involving any conduct listed in subsection (5) of this Section that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country where the United States Department of State 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.
  3. 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).
  4. Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241) and is 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; engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim; or knowingly engaging in a sexual act with another person who has not attained the age of twelve (12) years.
  5. Non-Federal Jurisdiction Offenses. Any criminal offense committed in any jurisdiction, including this Tribe and other tribes, that involves: (a) Any type or degree of genital, oral, or anal penetration, (b) Any sexual touching of or contact with a person’s body, either directly or through the clothing, (c) Kidnapping of a minor by a person other than the minor’s parent or legal guardian, (d) False imprisonment of a minor by a person other than the minor’s parent or legal guardian, (e) 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, (f) Use of a minor in a sexual performance, (g) Solicitation of a minor to practice prostitution, (h) Possession, production, or distribution of child pornography, (i) Criminal sexual conduct that involves physical contact with a minor or the use of the Internet to facilitate or to attempt such conduct. This includes offenses the elements of which 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, (j) Any conduct that by its nature is a sex offense against a minor, and (k) Any offense similar to those outlined in: (i) 18 U.S.C. § 1591 (sex trafficking of children by force, fraud, or coercion), (ii) 18 U.S.C. § 1801 (video voyeurism of an individual), (iii) 18 U.S.C. § 2241 (aggravated sexual abuse),(iv) 18 U.S.C. § 2242 (sexual abuse), (v) 18 U.S.C. § 2243 (sexual abuse of a minor or ward), (vi) 18 U.S.C. § 2244 (abusive sexual contact),(vii) 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution), (viii) 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct). (l) Offenses involving Consensual Sexual Conduct. Any 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 thirteen (13) years old and the offender was not more than four (4) years older than the victim, or if the victim and the offender were legally married at the time of the offense.

III. TIERING OF OFFENSES

380.100 Tier 1 Offenses.

  1. Sex Offenses. A Tier 1 offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not included in WSTC 380.105 or in WSTC 380.110.
  2. Offenses Involving Minors. A Tier 1 offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to WSTC 380.015(5) that involves: (a) the false imprisonment of a minor by a person other than the minor’s parent or legal guardian, (b) video voyeurism of a minor, or (c) possession or receipt of child pornography.
  3. Certain Federal Offenses.2 Conviction for any of the following federal offenses shall be considered Tier 1 offenses: (a) 18 U.S.C. § 1801 (video voyeurism of a minor), (b) 18 U.S.C. § 2252 (receipt or possession of material involving the sexual exploitation of a minor), (c) 18 U.S.C. § 2252A (receipt or possession of material constituting or containing child pornography), (d) 18 U.S.C. § 2252B (misleading domain names on the Internet), (e) 18 U.S.C. § 2252C (misleading words or digital images on the Internet), (f) 18 U.S.C. § 2422(a) (coercion to engage in illegal sexual activity), (g) 18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct), (h) 18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places), (i) 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), (j) 18 U.S.C. § 2424 (failure to file factual statement about an alien individual), and (k) 18 U.S.C. § 2425 (use of interstate facilities to transmit information about a minor).
  4. Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Section 380.100(1), (2), or (3) shall be considered a Tier 1 offense.

380.105 Tier 2 Offenses.3

  1. Recidivism and Felonies. Unless otherwise covered by WSTC 380.110, any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year of imprisonment or, in the case of tribal offenses, is considered a felony tribal sex offense, shall be deemed a Tier 2 offense.
  2. Offenses Involving Minors. A Tier 2 offense includes any sex offense for which a person has been convicted by a jurisdiction, local government, or qualifying foreign country pursuant to WSTC 380.015(5) that involves: (a) The use of minors in prostitution, including solicitation, (b) Enticing a minor to engage in criminal sexual activity, (c) A non-forcible sexual act with a minor 16 or 17 years old (except certain consensual sexual acts exempted by WSTC 380.015(5)(l)), (d) Sexual contact with a minor 13 years of age or older (except certain consensual sexual conduct exempted by WSTC 380.015(5)(l)), (e) The use of a minor in a sexual performance, or (f) The production for distribution of child pornography.
  3. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered a conviction for a Tier 2 offense: (a) 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion), (b) 18 U.S.C. § 2244 (abusive sexual contact with a person 13 years of age or older), (c) 18 U.S.C. § 2251 (sexual exploitation of children), (d) 18 U.S.C. § 2251A (selling or buying of children), (e) 18 U.S.C. § 2252 (production or distribution of material involving the sexual exploitation of a minor), (f) 18 U.S.C. § 2252A (production or distribution of material containing child pornography), (g) 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States), (h) 18 U.S.C. § 2421 (transportation of any individual for illegal sexual activity), (i) 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution), (j) 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct), or (k) 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).
  4. Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in WSTC 380.105(1), (2), or (3) shall be considered a Tier 2 offense.

380.110 Tier 3 Offenses.4

  1. Recidivism and Felonies. Any sex offense that is punishable by more than one year of incarceration or, in the case of tribal offenses, is considered a felony tribal sex offense, where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a Tier 3 offense.
  2. General Offenses. A Tier 3 offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves: (a) kidnapping of a minor by a person other than the minor’s parent or legal guardian, (b) A sexual act with another by force or threat, (c) 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 (d) Sexual contact with a minor 12 years of age or younger.
  3. Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered Tier 3 offenses: (a) 18 U.S.C. § 2241 (aggravated sexual abuse), (b) 18 U.S.C. § 2242 (sexual abuse), (c) 18 U.S.C. § 2243 (sexual abuse of a minor or ward), or (d) Where the victim is 12 years of age or younger, 18 U.S.C. § 2244 (abusive sexual contact).
  4. Certain Military Offenses. Any military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of PL 105-119 (Codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in WSTC 380.110(1), (2), or (3) shall be considered a Tier 3 offense.

380.115 Frequency and Duration.

  1. Frequency. A sex offender who is or should be registered with the Tribe shall, at a minimum, appear in person in front of the Tribal Registry Administrator for purposes of verification and keeping registration current in accordance with the following time frames: (a) For Tier 1 Sex 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, (b) For Tier 2 Sex 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, (c) For Tier 3 Sex Offenders, once every 90 days for the rest of their lives.
  2. Reduction of Registration Periods. A sex offender may have his or her period of registration reduced as follows: (a) A Tier 1 Sex Offender may have his/her period of registration and verification reduced to ten (10) years if he or she has maintained a clean record for ten (10) consecutive years. (b) A Tier 3 Sex Offender may have his or her period of registration and verification reduced to 25 years if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years.
  3. Clean Record. For purposes of WSTC 380.115(2), a sex offender has a clean record if: (a) He or she has not been convicted of any offense for which imprisonment for more than one year may be imposed, or, in the case of tribal offenses, any offense that would be considered a felony under Federal law or the laws of the State of Oregon, and (b) He or she has not been convicted of any subsequent sex offense, (c) He or she has successfully completed, without revocation, any period of supervised release, probation, or parole, and (d) He or she has successfully completed an appropriate sex offender treatment program certified by the Tribe.

380.120 Requirements for In-Person Appearances.

  1. Photographs. At each in-person verification, the sex offender shall permit the Tribal Registry Administrator to take a photograph of the offender.
  2. Review of Information. At each in-person verification, the sex offender shall review existing information for accuracy, and shall inform the Tribal Registry Administrator if any of the existing information is inaccurate.
  3. Notification. If any new information or change in information is obtained at an in-person appearance, the Tribal Registry Administrator shall immediately notify all other registration jurisdictions of the new information or change in information.

IV. REQUIRED INFORMATION

380.200 General Requirements.

  1. Duties. A sex offender who is required to register with the Tribe under this Chapter shall provide all of the information detailed in this Section IV to the Tribal Registry Administrator, and the Tribal Registry Administrator shall obtain all of the information detailed in this Section IV from covered sex offenders who are required to register with the Tribe in accordance with this Chapter and with any implementing policies and procedures.
  2. Digitization. All information obtained under this Chapter shall be, at a minimum, verified and maintained by the Tribal Registry Administrator in a digitized format.
  3. Electronic Database. A sex offender registry shall be maintained in an electronic database by the Tribal Registry Administrator and shall be in a form capable of electronic transmission.
  4. Public Sex Offender Registry Website. The Tribal Registry Administrator shall use and maintain a public sex offender registry website as set out in Title VI of this Chapter (WSTC 380.400 – 380.410).

380.205 Criminal History. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s criminal history:

  1. The dates of all arrests,
  2. The dates of all convictions,
  3. The sex offender’s status of parole, probation, or supervised release,
  4. The sex offender’s registration status, and
  5. Any outstanding arrest warrants.

380.210 Date of Birth. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s date of birth:

  1. The sex offender’s actual date of birth, and
  2. Any other date of birth used by the sex offender.

380.215 DNA Sample.

  1. DNA. If the sex offender’s DNA is not already contained in the Combined DNA Index System (CODIS), the sex offender shall provide the Tribal Registry Administrator a sample of his or her DNA that is appropriate for entry into CODIS.
  2. CODIS. Any DNA sample obtained from a sex offender shall be submitted to an appropriate lab certified by the FBI for analysis and entry of the resulting DNA profile into CODIS.

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

  1. Driver’s Licenses. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, a photocopy of all of the sex offender’s valid or invalid driver’s licenses issued by any jurisdiction, including tribal jurisdictions.
  2. Identification Cards. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, a photocopy of any identification card issued by any jurisdiction, including a sex offender’s tribal enrollment card issued by any tribal jurisdiction.
  3. Passports. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, a photocopy of any passports used by the sex offender.
  4. Immigration Documents. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, a photocopy of any and all immigration documents.

380.225 Employment Information. The Tribal Registry Administrator 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:

  1. The name of the sex offender’s employer,
  2. The address of the sex offender’s employer, and
  3. Similar information related to any transient or day-labor employment.

380.230 Finger and Palm Prints.5 The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, both finger prints and palm prints of the sex offender in a digitized format. The Tribal Registry Administrator shall submit the finger and palm prints to the appropriate FBI database.

380.235 Internet Identifiers. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s Internet-related activity:

  1. Any and all email addresses used by the sex offender,
  2. Any and all Instant Message addresses and identifiers,
  3. Any and all other designations or monikers used for self-identification in Internet communications or postings, and
  4. Any and all designations used by the sex offender for the purpose of routing or self-identification in Internet communications or posting.

380.240 Name. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s name, including the correct spelling of each:

  1. The sex offender’s full primary given name,
  2. Any and all nicknames, aliases, and pseudonyms regardless of the context in which they are used, and
  3. Any and all ethnic or tribal names by which the sex offender is commonly known. This does not include any religious or sacred names not otherwise commonly known.

380.245 Phone Numbers. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s telephone numbers:

  1. Any and all land line or Voice over Internet Protocol (VoIP) telephone numbers, and
  2. Any and all cellular or mobile telephone numbers.

380.250 Picture.

  1. Photograph. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, a current photograph of the sex offender.
  2. Update Requirements. Unless the appearance of a sex offender has not changed significantly, a digitized photograph shall be collected: (a) Every 90 days for Tier 3 sex offenders, (b) Every 180 days for Tier 2 sex offenders, and (c) Every year for Tier 1 sex offenders.

380.255 Physical Description. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, an accurate description of the sex offender as follows:

  1. A physical description,
  2. A general description of the sex offender’s physical appearance or characteristics, and
  3. Any identifying marks, such as, but not limited to, scars, moles, birthmarks, piercings, or tattoos.

380.260 Professional Licensing Information. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, information regarding any licensing of the sex offender that authorizes the sex offender to engage in an occupation or to carry out a trade or business.

380.265 Residence Address. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s residence:

  1. The address of each residence at which the sex offender resides or will reside, and
  2. Any 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.

380.270 School. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s school attendance:

  1. The address of each school where the sex offender is or will be a student, and
  2. The name of each school at which the sex offender is or will be a student.

380.275 Social Security Number. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information:

  1. A valid Social Security number for the sex offender, and
  2. Any Social Security number the sex offender has used in the past, valid or otherwise.

380.280 Temporary Lodging. The Tribal Registry Administrator shall obtain, and a covered sex offender shall provide, the following information when the sex offender will be absent from his or her residence for 24 hours or more if the offender is a Tier 3 Sex Offender, or for seven (7) days or more if the offender is a Tier 1 Sex Offender or a Tier 2 Sex Offender:

  1. Identifying information of the temporary lodging locations including addresses and names, and
  2. The dates the sex offender will be staying at each temporary lodging location.

380.285 Offense Information. The Tribal Registry Administrator shall obtain the text of each provision of law defining the criminal offense(s) for which the sex offender is registered.

380.290 Vehicle Information. The Tribal Registry Administrator 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 for personal use including land vehicles, aircraft, and watercraft:

  1. License plate numbers,
  2. Registration numbers or identifiers,
  3. General description of the vehicle to include color, make, model, and year, and
  4. Any permanent or frequent location where any covered vehicle is kept.

380.295 International Travel.6 If a sex offender is required to register with the Tribe because he or she resides within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, the sex offender must inform the Tribe 21 days in advance if he or she intends to travel outside of the United States. The Tribal Registry Administrator must then notify the U.S. Marshals Service and immediately notify any other jurisdiction where the sex offender is either registered, or is required to register, of that updated information. The Tribal Registry Administrator must also update the NCIC/NSOR.

V. REGISTRATION

380.300 When Registration with the Tribe is Required.

  1. Conviction or Incarceration. Regardless of the sex offender’s actual or intended residency, a sex offender shall initially register with the Tribe if the sex offender was convicted of a sex offense in the Warm Springs Tribal Court or if the sex offender is incarcerated by the Tribe for committing a sex offense.
  2. Residence. A sex offender who resides within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location, must register with the Tribe.
  3. Employment. A sex offender shall register with the Tribe if employed by the Tribe in any capacity or otherwise is employed within the exterior boundaries of the Reservation or on property owed by the Tribe in fee or trust, regardless of location.
  4. School Attendance. A sex offender shall register with the Tribe if he or she attends school within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location.

380.305 Initial Registration.

  1. Timing. A sex offender required to register with the Tribe under this Chapter shall do so in the following timeframe: (a) If convicted by the Tribe for a covered sex offense and incarcerated, before being released from incarceration, (b) If convicted by the Tribe for a covered sex offense but not incarcerated, within three (3) business days of sentencing for the registration offense, and (c) Within three (3) business days of establishing a residence, becoming employed, or attending school within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location.
  2. Duties of Tribal Registry Administrator.7 The Tribal Registry Administrator shall have policies and procedures in place, including a form notice to sex offenders regarding the duty to register with the Tribal Registry Administrator because he or she resides, works or attends school within the Tribe’s jurisdiction, to ensure the following: (a) That any sex offender incarcerated or sentenced by the Tribe for a covered sex offense completes his or her initial registration with the Tribe, (b) That the sex offender reads (or has read to him or to her) and signs a written acknowledgment form stating that the duty to register has been explained to him or her and that the sex offender understands the registration requirement, (c) That the sex offender is registered, and (d) 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.

380.310 Retroactive Registration.

  1. Retroactive Registration. The Tribal Registry Administrator 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: (a) Sex offenders incarcerated or under supervision of the Tribe, whether for a covered sex offense or for other crime, (b) Sex offenders reentering the justice system due to conviction for any crime, and (c) Sex offenders who are already registered in another jurisdiction.
  2. Timing of Retroactive Registration. The Tribal Registry Administrator shall complete the retroactive registration of the sex offenders covered by WSTC 380.310(1) within the following timeframe to be calculated from the effective date of this Chapter: (a) For Tier 1 Sex Offenders and Tier 2 Sex Offenders, 180 days, and (b) For Tier 3 Sex Offenders, 90 days.

380.315 Keeping Registration Current.

  1. Jurisdiction of Residency.8 All sex offenders required to register with the Tribe must immediately appear in person before the Tribal Registry Administrator to update any change to their name, residence (including termination of residency), employment, or school attendance. All sex offenders required to register with the Tribe shall immediate inform the Tribal Registry Administrator via phone or in- person appearance of any changes to their temporary lodging information (when a Tier 3 Sex Offender will be absent from his or her residence for 24 hours or more, or when a Tier 1 Sex Offender or Tier 2 Sex Offender will be absent from his or her residence for 7 days or more), international travel plans, vehicle information, email addresses, telephone numbers, Instant Messaging addresses, and any other designation used in Internet communications, postings, or telephone communications. In the event of a change in temporary lodging, the sex offender and the Tribal Registry Administrator shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.
  2. Jurisdiction of Employment. Any sex offender who is employed by the Tribe in any capacity or is otherwise employed within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location, that changes or terminates his or her employment, shall immediately appear in person before the Tribal Registry Administrator to update that information. The Tribal Registry Administrator 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.
  3. Jurisdiction of School Attendance. Any sex offender who attends school within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location, that changes his or her school, or otherwise terminates his or her schooling, shall immediately appear in person before the Tribal Registry Administrator to update that information. The Tribal Registry Administrator 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.
  4. Duties of Tribal Registry Administrator. With regard to changes in a sex offender’s registration information, the Tribal Registry Administrator shall immediately notify:(a) All jurisdictions where a sex offender intends to reside, be employed, or attend school, (b) Any jurisdiction where the sex offender is either registered or required to register, and (c) Specifically with respect to information relating to a sex offender’s intent to commence residence, school, or employment outside of the United States, any jurisdiction where the sex offender is either registered or required to register, and the U.S. Marshals Service. The Tribal Registry Administrator shall also ensure that this information is immediately updated on the NSOR.

380.320 Failure to Appear for Registration and Absconding.

  1. Failure to Appear. In the event a sex offender fails to register with the Tribe as required by this Chapter, the Tribal Registry Administrator shall immediately inform the Tribal police and 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.
  2. Absconded Sex Offenders. If the Tribal Registry Administrator receives information that a sex offender has absconded, the Tribal Registry Administrator shall make an effort to determine if the sex offender has actually absconded, and shall take the following actions: (a) In the event that no determination can be made, the Tribal Registry Administrator shall ensure that the Tribal police and any other appropriate law enforcement agency is notified; (b) If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, the Tribal Registry Administrator shall inform the notifying jurisdiction or agency that the sex offender has failed to appear and register; (c) If an absconded sex offender cannot be located, the Tribal Registry Administrator shall take the following steps: (i) Update the registry to reflect that the sex offender has absconded or is otherwise not capable of being located, (ii) Notify the U.S. Marshals Service, (iii) Seek a warrant for the sex offender’s arrest, including contacting the U.S. Marshals Service or FBI to attempt to obtain a federal warrant if a federal warrant for the sex offender’s arrest is deemed necessary, (iv) Update the NSOR to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located, (v) Enter the sex offender into the National Crime Information Center Wanted Person File (if a warrant has been issued that meets the requirement for entry into that file).
  3. Failure to Register. In the event that a sex offender who is required to register due to his or her employment or school attendance status fails to do so or otherwise violates a registration requirement of this Chapter, the Tribal Registry Administrator shall take all appropriate follow-up measures including those outlined in WSTC 380.320(2). The Tribal Registry Administrator shall first make an effort to determine if the sex offender is actually employed or is attending school within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location.

VI. PUBLIC SEX OFFENDER REGISTRY WEBSITE

380.400 Website. The Tribal Registry Administrator shall use and shall maintain the Warm Springs Public Sex Offender Registry Website.

  1. Links. The Warm Springs Public Sex Offender Registry Website shall include links to sex offender safety and education resources.
  2. Instructions. The Warm Springs Public Sex Offender Registry Website shall include instructions on how an individual can seek correction of information that the individual contends is erroneous.
  3. Warnings. The Warm Springs Public 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.
  4. Search Capabilities. The Warm Springs Public Sex Offender Registry Website shall have the capability of conducting searches by name; by county, city, and/or town; and by zip code and/or geographic radius.
  5. Dru Sjodin National Sex Offender Website. The Tribal Registry Administrator shall include in the design of the Warm Springs Public Sex Offender Registry Website all 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.

380.405 Required and Prohibited Information.

  1. Required Information. The following information shall be made available to the public on the Warm Springs Public Sex Offender Registry Website: (a) Notice that an offender is in violation of his or her registration requirements or cannot be located if the sex offender has absconded, (b) All sex offenses for which the sex offender has been convicted, (c) The sex offense(s) for which the offender is currently registered, (d) The address of the sex offender’s employer(s), (e) The name of the sex offender including all aliases, (f) A current photograph of the sex offender, (g) A physical description of the sex offender, (h) The residential address and, if relevant, a description of a habitual residence of the sex offender, (i) All addresses of any schools currently attended by the sex offender, and (j) The sex offender’s vehicle license plate number along with a description of the vehicle.
  2. Prohibited Information. The following information shall not be available to the public on the Warm Springs Public Sex Offender Registry Website: (a) Any arrest that did not result in conviction, (b) The sex offender’s Social Security number, (c) Any travel and immigration documents, (d) The identity of the victim, and (e) Internet identifiers.

380.410 Community Notification.9

  1. Law Enforcement Notification. Whenever a sex offender registers or updates his or her information with the Tribe, the Tribal Registry Administrator shall: (a) Monitor and utilize the SORNA Exchange Portal for inter-jurisdictional change of residence, employment or student status. (b) Immediately update the NCIC/NSOR or other relevant databases, (c) Immediately notify any agency, department, or program within the Tribe that is responsible for criminal investigation, prosecution, or sex offender supervision functions, including but not limited to police (whether BIA, tribal, or FBI), tribal prosecutors, and tribal probation, (d) Immediately notify any and all other jurisdictions where the sex offender is registered due to the sex offender’s residency, employment, or school attendance, and (e) Immediately notify National Child Protection Act agencies, which includes any agency responsible for conducting employment-related background checks under section three (3) of the National Child Protection Act of 1993 (42 U.S.C. § 5119a) when a sex offender registers or updates registration.
  2. Community Notification. The Tribal Registry Administrator shall establish a community notification process that ensures the following: (a) That the Tribe’s public registry website is immediately updated upon a sex offender’s registration or update of information with the Tribe, (b) That lists of newly registered sex offenders be sent to the Spilyay Tymoo (Tribal newspaper) upon completion of initial registration, (c) That the Spilyay Tymoo contain a running notification that lists the Warm Springs Public Sex Offender Registry Website where Reservation residents can research sex offenders in their communities, (d) That email notice be sent to Victims of Crime Services (“VOCS”), Children’s Protective Services (“CPS”), Early Childhood Education (“ECE”), Place for Kids, the Community Center, Head Start, the Senior Program, Warm Springs Elementary School, Community Counseling, the Indian Health Service Clinic, churches, and any other agency or organization on the Warm Springs Reservation that serves minors or elders upon a sex offender’s registration or update of information with the Tribe, and (e) That the Tribe’s public sex offender registry contains a function that enables a member of the general public to request an email notice that will notify him or her 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.

VII. IMMUNITY

380.500 No Waiver of Immunity. Nothing under this Chapter shall be construed as a waiver of sovereign immunity for the Tribe, its departments, agencies, employees, or agents.

380.505 Good Faith. Any person acting under this Chapter in good faith shall be immune from any civil liability arising out of such actions.

VIII. CRIMES AND CIVIL SANCTIONS

380.600 Criminal Penalties. Each violation of a provision of this Chapter by a sex offender who is an Indian shall be considered a crime and shall be subject to penalties in accordance with WSTC 305.715 (punishable by imprisonment for a term not to exceed one year or by imposition of a fine not to exceed $5,000, or both).

380.605 Civil Penalties. Each violation of a provision of this Chapter by a sex offender who is not an 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 fines, forfeitures, civil contempt, and exclusion.

380.610 Hindrance of Sex Offender Registration. A person is guilty of an offense subject to penalties in accordance with WSTC 380.600 or WSTC 380.605 if that person:

  1. 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;
  2. 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, noncompliance with the requirements of this Chapter; or
  3. Provides information to a law enforcement agency regarding a sex offender that the person knows to be false.

1 WSTC 380.010(4), (12), (18) were amended, and WSTC 380.010(25) was added, by Tribal Council Resolution No. 11,424 adopted April 11, 2011.
2 WSTC 380.100(3) was amended by Tribal Council Resolution No. 11,424 adopted April 11, 2011.
3 WSTC 380.105(2) and (3) were amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
4 WSTC 380.110(2) and (3) were amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
5 WSTC 380.230 was amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
6 WSTC 830.295 was added by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
7 WSTC 380.305(2) was amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
8 WSTC 380.315(1) was amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.
9 WSTC 380.410 was amended by Tribal Council Resolution No. 11,424, adopted April 11, 2011.

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