A.
Duties. A sex offender covered by this chapter who is required to register with the Tribe pursuant to Article V of this chapter shall provide all of the information detailed in this chapter to the Nottawaseppi Huron Band of the Potawatomi tribal police, and the Nottawaseppi Huron Band of the Potawatomi tribal police shall obtain all of the information detailed in this chapter from covered sex offenders who are required to register with the Tribe in accordance with this chapter and shall implement any relevant policies and procedures.
B.
Digitization. All information obtained under this chapter shall be,
at a minimum, maintained by the Nottawaseppi Huron Band of the Potawatomi
tribal police in a digitized format.
C.
Electronic database. A sex offender registry shall be maintained
in an electronic database by the Nottawaseppi Huron Band of the Potawatomi
tribal police and shall be in a form capable of electronic transmission.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's criminal history:
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's date of birth:
A.
DNA. If the sex offender's DNA is not already contained in the Combined
DNA Index System (CODIS), the sex offender shall provide the Nottawaseppi
Huron Band of the Potawatomi tribal police or designee a sample of
his DNA.
B.
CODIS. Any DNA sample obtained from a sex offender shall be submitted
to the FBI lab for analysis and entry of the resulting DNA profile
into CODIS.
A.
Driver's license. The Nottawaseppi Huron Band of the Potawatomi tribal
police or designee shall obtain, and a covered sex offender shall
provide, a photocopy of all the sex offender's valid driver's licenses
issued by any jurisdiction.
B.
Identification cards. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, a photocopy of any identification card, including the
sex offender's tribal enrollment card, issued by any jurisdiction.
C.
Passports. The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
a photocopy of any passports used by the sex offender.
D.
Immigration documents. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, a photocopy of any and all immigration documents.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's employment,
to include any and all places where the sex offender is employed in
any means, including volunteer and unpaid positions:
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
both fingerprints, which are submitted to IAFIS, and palm prints,
which are submitted to FBI Next Generation Identification Program,
of the sex offender in a digitized format.
Internet names. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, the following information related to the sex offender's
Internet-related activity:
A.
Any and all e-mail addresses used by the sex offender;
B.
Any and all Instant Message addresses and identifiers;
C.
Any and all other designations or monikers used for self-identification
in Internet communications or postings; and
D.
Any and all designations used by the sex offender for the purpose
of routing or self-identification in Internet communications or postings.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's name:
A.
The sex offender's full primary given name;
B.
Any and all nicknames, aliases and pseudonyms, regardless of the
context in which it is used; and
C.
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.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's telephone
numbers:
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
an accurate description of the sex offender as follows:
Professional licenses. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, all licensing of the sex offender that authorizes the
sex offender to engage in an occupation or carry out a trade or business.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information related to the sex offender's residence:
School location. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, the following information related to the sex offender's
school:
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain, and a covered sex offender shall provide,
the following information:
Lodging information.
A.
The Nottawaseppi
Huron Band of the Potawatomi tribal police or designee shall obtain,
and a covered sex offender shall provide, the following information
when the sex offender will be absent from his residence for seven
(7) days or more:
A.
Travel abroad. Sex offenders must inform their residence jurisdictions
twenty-one (21) days in advance if they intend to travel outside of
the United States. Jurisdictions must notify the United States Marshals
Service and immediately notify any other jurisdiction where the sex
offender is either registered, or is required to register, of that
updated information. Update also must be made to NCIC/NSOR.
B.
In the event the sex offender will be traveling outside of the United
States, the Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall immediately provide this information to INTERPOL.
The Nottawaseppi Huron Band of the Potawatomi tribal police
or designee shall obtain the text of each provision of law defining
the criminal offense(s) for which the sex offender is registered.
Detailed information. The Nottawaseppi Huron Band of the Potawatomi
tribal police or designee shall obtain, and a covered sex offender
shall provide, the following information related to all vehicles owned
or operated by the sex offender for work or personal use, including
land vehicles, aircraft and watercraft:
A.
Frequency. A sex offender who is required to register shall, at a
minimum, appear in person at the Nottawaseppi Huron Band of the Potawatomi
tribal police for purposes of verification and keeping his or her
registration current in accordance with the following time frames:
(1)
For Tier 1 offenders, once every year for fifteen (15) years from
the time of release from custody for a sex offender who is incarcerated
for the registration offense or from the date of sentencing for a
sex offender who is not incarcerated for the registration offense.
(2)
For Tier 2 offenders, once every one hundred eighty (180) days for
twenty-five (25) years from the time of release from custody for a
sex offender who is incarcerated for the registration offense or from
the date of sentencing for a sex offender who is not incarcerated
for the registration offense.
(3)
For Tier 3 offenders, once every ninety (90) days for the rest of
their lives.
B.
Reduction of registration periods. A sex offender may have his/her
period of registration reduced as follows:
(1)
A Tier 1 offender may have his or her period of registration reduced
to ten (10) years if he or she has maintained a clean record for ten
(10) consecutive years.
(2)
A Tier 3 offender may have his or her period of registration reduced
to twenty-five (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 twenty-five (25) consecutive
years.
C.
Clean record. For purposes of Subsection B a person has a clean record if:
(1)
He or she has not been convicted of any offense for which imprisonment
for more than one (1) year may be imposed or has not been convicted
of a felony offense in Tribal Court.
(2)
He or she has not been convicted of any sex offense.
(3)
He or she has successfully completed, without revocation, any period
of supervised release, probation or parole.
(4)
He or she has successfully completed an appropriate sex offender
treatment program certified by the Tribe, another jurisdiction, or
by the Attorney General of the United States.
A.
Photographs. At each in-person verification, the sex offender shall
permit the Nottawaseppi Huron Band of the Potawatomi tribal police
to take a photograph of the offender.
B.
Review of information. At each in-person verification, the sex offender
shall review existing information for accuracy.
C.
Notification. If any new information or change in information is
obtained at an in-person verification, the Nottawaseppi Huron Band
of the Potawatomi tribal police shall immediately notify all other
jurisdictions in which the sex offender is required to register of
the information or change in information.
D.
If any new information or change of information is obtained at an
in-person verification, the Nottawaseppi Huron Band of the Potawatomi
Tribal Police Department shall immediately update the public website,
if applicable, and update the information in NCIC/NSOR.
A.
The sex offender shall read, or have read to him/her, and sign a
form stating that the duty to register has been explained to him/her
by the Nottawaseppi Huron Band of the Potawatomi tribal police and
that the sex offender understands the registration requirement.
(1)
The form shall be signed and dated by the Nottawaseppi Huron Band
of the Potawatomi tribal police personnel registering the sex offender.
B.
The Nottawaseppi Huron Band of the Potawatomi tribal police shall
immediately upload the acknowledgement form into the Nottawaseppi
Huron Band of the Potawatomi Tribal Police Sex Offender Registry.
A.
Which offenders are prohibited?
(1)
(2)
In situations in which an offender required to register has not committed
a Tier 2 or Tier 3 crime and his/her crime does not clearly have an
element requiring the victim to be under the age of 16 at the time
of offense, in order to determine whether that offender is prohibited
from certain locations under this section an examination of the facts
of the case will be necessary to determine the age of the victim of
the offense.
B.
Where are they prohibited from going?
(1)
The premises of any place intended primarily for the use, care or
supervision of minors, including, but not limited to, schools, children's
museums, child-care centers, nurseries and playgrounds;
(2)
Within 300 feet of any location intended primarily for the use, care
or supervision of minors when the place is located on premises that
are not intended primarily for the use, care or supervision of minors;
(3)
Any place utilized for overnight camping or gatherings for families
and minors, including the NHBP pow-wow grounds; and
(4)
Any other place where minors gather for regularly scheduled educational,
recreational or social programs.
C.
Exceptions to the prohibition.
(1)
A parent or guardian of a minor may take the minor to any location
that can provide emergency medical care treatment if the minor is
in need of emergency medical care.
(2)
A parent or guardian of a student enrolled in a school may be present
on school property if all of the following conditions are met:
(a)
The parent or guardian is on school property for the purpose
of the following:
[1]
To attend a conference at the school with school personnel to
discuss the academic or social progress of the parent's or guardian's
child; or
[2]
The presence of the parent or guardian has been requested by
the principal or his or her designee for any other reason relating
to the welfare or transportation of the child, and
(b)
The parent or guardian complies with all of the following:
[1]
The parent or guardian shall notify the principal of the school
of his/her registration and of his/her presence (upon arrival and
departure) at the school unless he/she:
[a]
Has written permission to be present from the superintendent
or the local board of education, who shall notify the principal of
the nature of the offender's visit and the hours when the offender
will be present at the school; or
[b]
The principal has granted ongoing permission in
writing for regular visits of a routine nature.
[2]
A parent or guardian must be under the direct supervision of
school personnel at all times he/she is on school property.
(3)
There is an exception for persons eligible to vote at a prohibited
location used as a polling place as defined in the NHBP Election Code.
Restricted persons shall be on the premises only for the purposes
of voting and shall not be outside the voting enclosure other than
for the purpose of entering and exiting the voting place.
(4)
There is an exception for juveniles to be present at a location to
receive medical treatment or mental health services if they remain
under the direct supervision of an employee of the treating institution
at all times.
