Nottawaseppi Huron Band of the Potawatomi, MI Registration

§ 8.7-33 Where registration is required.

Location of registration. The Nottawaseppi Huron Band of the Potawatomi Tribal Police Department is located on the Pine Creek Reservation at 2221 1 1/2 Mile Road, Fulton, Michigan 49052.

Jurisdiction of conviction. A sex offender must initially register with the tribal police of the Nottawaseppi Huron Band of the Potawatomi 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.

Jurisdiction of incarceration. A sex offender must register with the tribal police of the Nottawaseppi Huron Band of the Potawatomi 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.

Jurisdiction of residence. A sex offender must register with the tribal police of the Nottawaseppi Huron Band of the Potawatomi if the sex offender resides within lands subject to the jurisdiction of the Tribe.

Jurisdiction of employment. A sex offender must register with the tribal police of the Nottawaseppi Huron Band of the Potawatomi 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.

Jurisdiction of school attendance. A sex offender must register with the tribal police of the Nottawaseppi Huron Band of the Potawatomi if the sex offender is a student in any capacity within lands subject to the jurisdiction of the Tribe.

§ 8.7-34 Timing of registration.

Timing. A sex offender required to register with the Tribe under this chapter shall do so in the following time frame:

(1)

If convicted by the Nottawaseppi Huron Band of the Potawatomi for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration;

(2)

If convicted by the Nottawaseppi Huron Band of the Potawatomi but not incarcerated, within three (3) business days of sentencing for the registration offense; and

(3)

Within three (3) business days of establishing a residence, commencing employment or becoming a student on lands subject to the jurisdiction of the Tribe, a sex offender must appear in person to register with the Nottawaseppi Huron Band of the Potawatomi tribal police.

Duties of the Nottawaseppi Huron Band of the Potawatomi tribal police. The Nottawaseppi Huron Band of the Potawatomi tribal police shall have policies and procedures in place to ensure the following:

(1)

That any sex offender incarcerated or sentenced by the Tribe for a covered sex offense completes his/her initial registration with the Tribe;

(2)

That the sex offender reads, or has read to him/her, and signs a form stating that the duty to register has been explained to him/her and that the sex offender understands the registration requirement;

(3)

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

(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; and

(5)

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

§ 8.7-35 Retroactive registration.

Retroactive registration. The Nottawaseppi Huron Band of the Potawatomi tribal police shall have in place policies and procedures to ensure the following three categories of sex offenders are subject to the registration and updating requirements of this chapter:

(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 or subject to a preexisting sex offender registration requirement under the Tribe's laws, and

(3)

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

Timing of recapture. The Nottawaseppi Huron Band of the Potawatomi tribal police shall ensure recapture of the sex offenders mentioned in Subsection A within the following time frame to be calculated from the date of passage of this chapter:

(1)

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

(2)

For Tier 2 sex offenders, one hundred eighty (180) days.

(3)

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

§ 8.7-36 Keeping registration current.

Jurisdiction of residency. All sex offenders required to register in this jurisdiction shall immediately appear in person at the Nottawaseppi Huron Band of the Potawatomi tribal police 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 the Nottawaseppi Huron Band of the Potawatomi tribal police in person of any changes to their temporary lodging information, vehicle information, Internet identifiers or telephone numbers. In the event of a change in temporary lodging, the sex offender and the Nottawaseppi Huron Band of the Potawatomi tribal police shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.

Jurisdiction of school attendance. Any sex offender who is a student in any capacity within lands subject to the jurisdiction of the Tribe, regardless of location, that changes his/her school or otherwise terminates his/her schooling shall immediately appear in person at the Nottawaseppi Huron Band of the Potawatomi tribal police to update that information. The Nottawaseppi Huron Band of the Potawatomi tribal police shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.

Jurisdiction of employment. Any sex offender who is employed by the Tribe in any capacity or otherwise is employed within lands subject to the jurisdiction of the Tribe, regardless of location, that changes his/her employment or otherwise terminate his/her employment shall immediately appear in person at the Nottawaseppi Huron Band of the Potawatomi tribal police to update that information. The Nottawaseppi Huron Band of the Potawatomi tribal police shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.

Duties of the Nottawaseppi Huron Band of the Potawatomi Police. With regard to changes in a sex offender's registration information, the Nottawaseppi Huron Band of the Potawatomi tribal police or designee shall immediately notify:

(1)

All jurisdictions where a sex offender intends to reside, work or attend school;

(2)

Any jurisdiction where the sex offender is either registered or required to register; and

(3)

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 United States Marshals Service. The tribal police shall also ensure this information is immediately updated on NSOR.

§ 8.7-37 Failure to appear for registration and absconding.

Failure to appear. In the event a sex offender fails to register with the Tribe as required by this chapter, the Nottawaseppi Huron Band of the Potawatomi tribal police or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment or school attendance with the Tribe that the sex offender failed to appear for registration.

Absconded sex offenders. If the Nottawaseppi Huron Band of the Potawatomi tribal police or designee receives information that a sex offender has absconded, the Nottawaseppi Huron Band of the Potawatomi tribal police shall make an effort to determine if the sex offender has actually absconded.

(1)

In the event no determination can be made, the Nottawaseppi Huron Band of the Potawatomi tribal police or designee shall ensure the tribal police and any other appropriate law enforcement agency is notified.

(2)

If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, they shall be informed that the sex offender has failed to appear and register.

(3)

If an absconded sex offender cannot be located, then the tribal police shall take the following steps:

(a)

Update the registry to reflect the sex offender has absconded or is otherwise not capable of being located;

(b)

Notify the United States Marshals Service,

(c)

Seek a warrant for the sex offender's arrest. The United States Marshals Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender's arrest;

(d)

Update the NSOR to reflect the sex offender's status as an absconder or is otherwise not capable of being located; and

(e)

Enter the sex offender into the National Crime Information Center Wanted Person File.

Failure to register. In the event a sex offender who is required to register due to his/her employment or school attendance status fails to do so or otherwise violates a registration requirement of this chapter, the Nottawaseppi Huron Band of the Potawatomi tribal police shall take all appropriate follow-up measures, including those outlined in Subsection B. The Nottawaseppi Huron Band of the Potawatomi tribal police shall first make an effort to determine if the sex offender is actually employed or attending school in lands subject to the Tribe's jurisdiction.