CHAPTER 15-11
REQUIRED INFORMATION
15-11-1 General Requirements.
(A) Duties. A sex offender covered by this code who is required to register with the tribe pursuant to Chapter 15-9 shall provide all of the information detailed in this chapter to the Tribal Police Department and the Tribal Police Department 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 code and shall implement any relevant policies and procedures.
(B) Digitization. All information obtained under this code shall be, at a minimum, maintained by the Tribal Police Department in a digitized format.
(C) Electronic Database. The PBPN Sex Offender Registry shall be maintained in an electronic database by the Tribal Police Department and shall be in a form capable of electronic transmission.
15-11-2 Criminal History.
(A) Criminal History. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s criminal history:
(1) The date of all arrests,
(2) The date 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.
15-11-3 Date of Birth.
(A) Date of Birth. The Tribal Police Department or designee 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.
15-11-4 DNA Sample.
(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 Tribal Police Department or designee a sample of his DNA.
(B) CODIS. Any DNA sample obtained from a sex offender shall be submitted to an appropriate lab for analysis and entry of the resulting DNA profile for submission in CODIS.
15-11-5 Driver’s Licenses, Identification Cards, Passports and Immigration Documents.
(A) Driver’s License. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a photocopy of all of the sex offender’s valid driver’s licenses issued by any jurisdiction and the Tribal Police Department shall make a photocopy of any such licenses.
(B) Identification Cards. A covered sex offender shall provide all of the sex offender’s identification cards including the sex offenders’ tribal enrollment card issued by any jurisdiction, a passport used by the sex offender, and any and all immigration documents used by the sex offender, and the Tribal Police Department or designee shall make a photocopy of any and all such identification cards.
15-11-6 Employment Information.
(A) Employment. The Tribal Police Department 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:
(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.
15-11-7 Finger and Palm Prints.
(A) Finger and Palm Prints. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, both finger prints and palm prints of the sex offender in a digitized format.
15-11-8 Internet Identifiers.
(A) Internet Names. The Tribal Police Department or designee 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 postings, including but not limited to social network identifications, twitter accounts, and any other such video posting site identifications.
15-11-9 Name.
(A) Name. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s name:
(1) The sex offender’s full primary given name, and
(2) Any and all nicknames, aliases, and pseudonyms regardless of the context in which it is used.
15-11-10 Phone Numbers.
(A) Phone Numbers. The Tribal Police Department or designee 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 telephone numbers, and
(2) Any and all cellular telephone numbers.
(3) Any and all Voice over IP (VOIP) telephone numbers.
15-11-11 Picture.
(A) Photograph. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a current photograph of the sex offender.
(B) Update Requirements. Unless the appearance of a sex offender has not changed significantly, a digitized photograph shall be collected:
(1) Every 90 days for Tier 3 sex offenders,
(2) Every 180 days for Tier 2 sex offenders, and
(3) Every year for Tier 1 sex offenders.
15-11-12 Physical Description.
(A) Physical Description. The Tribal Police Department or designee 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, or tattoos.
15-11-13 Professional Licensing Information.
(A) Professional Licenses. The Tribal Police Department 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.
15-11-14 Residence Address.
(A) Address. The Tribal Police Department or designee 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.
15-11-15 School.
(A) School Location. The Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s school:
(1) The address of each school where the sex offender is or will be a student, and
(2) The name of each school the sex offender is or will be a student.
15-11-16 Social Security Number.
(A) Social Security. The Tribal Police Department or designee 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.
15-11-17 Temporary Lodging.
(A) Lodging Information. The Tribal Police Department 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 7 days or more:
(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.
(3) The registered sex offender shall provide the information in Section 15-11-17 (1) and (2) no later than three (3) business days before his scheduled travel. The information shall be provided in person.
15-11-18 International Travel.
(A) Travel Abroad. Sex offenders must inform their residence jurisdictions 21 days in advance if they intend to travel outside of the United States. Jurisdictions must 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. Update also must be made to NCIC/NSOR. In the event the sex offender will be traveling outside of the United States for more than 7 days, the Tribal Police Department or designee shall immediately provide this information to INTERPOL.
15-11-19 Offense Information.
(A) Offense Information. The Tribal Police Department or designee shall obtain the text of each provision of law defining the criminal offense(s) for which the sex offender is registered.
15-11-20 Vehicle Information.
(A) Detailed Information. The Tribal Police Department 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:
(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.
15-11-21 Frequency, Duration and Reduction.
(A) Initial Registration of Sex Offender Is Tier 3.
(1) All sex offenders shall initially be registered Tier 3 in the PBPN Sex Offender Registry for purposes of initial registration only.
(2) The initial registration as a Tier 3 shall last no longer than ninety (90) days unless the sex offender is required, under the provisions of this code, to be classified as a Tier 3.
(3) All sex offenders shall be notified at their last known address by the PBPN Sex Offender Registrar of their tier classification no later than ninety (90) days from the date of their initial registration.
(B) Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the Tribal Police Department for purposes of verification and keeping their 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.
(C) Reduction of Registration Periods. A sex offender may have their 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.
(D) Clean Record. For purposes of Section 15-11-19(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;
(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; and
(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.
(Amended by PBP TC No. 2019-024, January 24, 2019)
15-11-22 Requirements for In Person Appearances.
(A) Photographs. At each in person verification, the sex offender shall permit the Tribal Police Department 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 Tribal Police Department 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 in information is obtained at an in person verification, the Tribal Police Department shall immediately update the public website, if applicable, and update information in NCIC/NSOR.
15-11-23 Sex Offender Acknowledgement Form.
(A) The sex offender shall read and sign a form stating that the duty to register has been explained to them by the Tribal Police Department and that the sex offender understands the registration requirement.
(1) The form shall be signed and dated by the Tribal Police Department personnel registering the sex offender.
(B) The Tribal Police Department shall immediately upload the acknowledgement form into the Prairie Band Potawatomi Nation Sex Offender Registry.