Nothing under this Title shall be construed as a waiver of sovereign immunity by the Port Gamble S’Klallam Tribe, its departments, agencies, employees, or agents.
Any person acting in good faith on behalf of the Tribe to carry out duties under this Title shall be immune from any civil liability arising out of such actions.
Notwithstanding Sections 6.09.01 and 6.09.02, the administration of the Port Gamble S’Klallam Sexual Offender Registry under this Title constitutes nondiscretionary ministerial acts. A challenge to the administration of the Port Gamble S’Klallam Sexual Offender Registry may be filed in accordance with Title 3 of the Port Gamble S’Klallam Law and Order Code. Remedies shall be limited to declaratory and injunctive relief, and if appropriate, a writ of mandate from the Community Court.
Each violation of a provision of this Title by a sex offender who is subject to the criminal jurisdiction of the Tribe shall be considered a crime and subject to a period of incarceration of 1 year and a fine of $5,000.
Violation of a provision of this Title by a sex offender may be grounds for exclusion from lands subject to the jurisdiction of the Port Gamble S’Klallam Tribe under Chapter 22.02 of this code and for penalties for civil contempt of court under Chapter 1.06 of this code. In addition, violation of this Title by any person not subject to the criminal jurisdiction of the Tribe shall be punished by a civil fine of $1,000 in addition to any costs to the Tribe in investigating or enforcing this Title against that person.
(a)
A person is guilty of a Class C offense if the person:
(i)
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 Title;
(ii)
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 Title; or
(iii)
Provides information to law enforcement agency regarding a sex offender which the person knows to be false.
(Modification to Section 6.01.46 (as Section 2.12.46) was enacted by Res. 14-A-110 on 8/11/2014, to comply with a SORNA Substantial Implementation Review by the SMART Office recommending that the section identify the specific code sections on civil penalties for non-Indians.)