CHAPTER 15-12
REGISTRATION

15-12-1 Where Registration is Required.

(A)    Jurisdiction of Conviction. A sex offender must initially register with the Tribal Police Department if the sex offender was convicted by the Tribal Court of a covered sex offense regardless of the sex offender’s actual or intended residency.

(B)    Jurisdiction of Incarceration. A sex offender must register with the Tribal Police Department if the sex offender is incarcerated by the tribe while completing any sentence for a covered sex offense, regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence.

(C)    Jurisdiction of Residence. A sex offender must register with the Tribal Police Department if the sex offender resides within lands subject to the jurisdiction of the tribe.

(D)    Jurisdiction of Employment. A sex offender must register with the Tribal Police Department if he or she is employed by the tribe in any capacity or otherwise is employed within lands subject to the jurisdiction of the tribe.

(E)    Jurisdiction of School Attendance. A sex offender must register with the Tribal Police Department if the sex offender is a student in any capacity in an educational institution located within lands subject to the jurisdiction of the tribe.

15-12-2 Timing of Registration.

(A)    Timing. A sex offender required to register with the tribe under this code shall do so in the following timeframe:

(1)    If convicted in PBPN District Court for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration;

(2)    If convicted in PBPN District Court but not incarcerated, within 3 business days of sentencing for the registration offense, and

(3)    A sex offender must appear in person to register with the Tribal Police Department within 3 business days of the occurrence of one or more of the following:

(a)    Establishing a residence on lands subject to the jurisdiction of the tribe.

(b)    Commencing employment on lands subject to the jurisdiction of the tribe.

(c)    Becoming a student at an educational institution on lands subject to the jurisdiction of the tribe.

(B)    Duties of Tribal Police Department. The Tribal Police Department shall have policies and procedures in place to ensure the following:

(1)    That any sex offender incarcerated or sentenced by the tribe for a registerable sex offense completes their initial registration with the tribe,

(2)    That the sex offender reads, or has read to them, and signs a form stating that the duty to register has been explained to them and that the sex offender understands the registration requirement,

(3)    That the sex offender is registered under tribal law.

(4)    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.

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

15-12-3 Retroactive Registration.

(A)    Retroactive Registration. The Tribal Police Department shall have in place policies and procedures to ensure the following three categories of sex offenders are subject to the registration and updating requirements of this code:

(1)    Sex offenders incarcerated or under the supervision of the tribe, whether for a covered sex offense or other crime,

(2)    Sex offenders already registered, and

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

(B)    Timing of Recapture. The Tribal Police Department shall ensure recapture of the sex offenders mentioned in Section 15-12-3(A) within the following timeframe to be calculated from the date of passage of this code:

(1)    For Tier 1 sex offenders, 1 year,

(2)    For Tier 2 sex offenders, 180 days, and

(3)    For Tier 3 sex offenders, 90 days.

15-12-4 Keeping Registration Current.

(A)    Jurisdiction of Residency. All sex offenders who reside in lands subject to the jurisdiction of the tribe who are required to register in this jurisdiction shall immediately appear in person at Tribal Police Department to update any changes to their name, residence (including termination of residency), employment, or school attendance. All sex offenders required to register in this jurisdiction shall immediately inform Tribal Police Department in person of any changes to their temporary lodging information, changes to their vehicle information, internet identifiers, and to their telephone numbers and voiceover IP’s. In the event of a change in temporary lodging of over 7 days, the sex offender shall immediately notify the registry official of the sex offender’s residence jurisdiction, and Tribal Police Department shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.

(B)    Jurisdiction of School Attendance. Any sex offender who is a student in any capacity within lands subject to the jurisdiction of the tribe reservation, who changes his or her school, or otherwise terminate his or her schooling, shall immediately appear in person at the Tribal Police Department to update that information. The Tribal Police Department shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.

(C)    Jurisdiction of Employment. Any sex offender who is employed by the tribe in any capacity or otherwise is employed on lands subject to the tribe’s jurisdiction who changes his or her employment, or otherwise terminates his or her employment, shall immediately appear in person at the Tribal Police Department to update that information. The Tribal Police Department shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.

15-12-5 Failure to Appear for Registration and Absconding.

(A)    Failure to Appear. In the event a sex offender fails to register with the tribe as required by this code, the Tribal Police Department or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the tribe that the sex offender failed to appear for registration.

(B)    Absconded Sex Offenders. If the Tribal Police Department or designee receives information that a sex offender has absconded, the Tribal Police Department shall make reasonable efforts to determine if the sex offender has actually absconded.

(C)    Failure to Register. In the event a sex offender who is required to register due to their residence, employment or school attendance status fails to do so or otherwise violates a registration requirement of this code, the Tribal Police Department shall take appropriate follow-up measures. The Tribal Police Department shall first make an effort to determine if the sex offender is actually resides, is employed or attending a school in lands subject to the tribe’s jurisdiction.

15-12-6 Registration Fees.

(A)    Registration Fees. The Tribal Police Department shall impose a registration fee of twenty dollars ($20.00) to an individual for each registration as a sex offender with the Prairie Band Potawatomi Nation Sex Offender Registry. All such fees shall be deposited into a Victims Assistance Fund.

(Amended by PBP TC No. 2019-024, January 24, 2019)