Chapter 5.16
SEX OFFENDER REGISTRATION AND NOTIFICATION CODE

Sections:

Subchapter 1. General Matters

5.16.010    Title.

5.16.020    Findings.

5.16.030    Purpose.

5.16.040    Creation of registries.

Subchapter 2. Definitions

5.16.050    Definitions.

Subchapter 3. Registerable Offenses

5.16.060    Registerable offenses.

Subchapter 4. Tiered Offenses

5.16.070    Tier 1 offenses.

5.16.080    Tier 2 offenses.

5.16.090    Tier 3 offenses.

Subchapter 5. Registration

5.16.100    Registration generally.

5.16.110    Where registration is required.

5.16.120    Timing of registration.

5.16.130    Retroactive registration.

5.16.140    Updating registry information.

Subchapter 6. Notification of Failure to Appear for Registration and Absconding

5.16.150    Notification of failure to appear for registration and absconding.

Subchapter 7. Penalties for Violations of Code

5.16.160    Penalties for violations of code.

Subchapter 8. Required Information

5.16.170    General requirements.

5.16.180    Criminal history.

5.16.190    Date of birth.

5.16.200    DNA sample.

5.16.210    Driver’s licenses, identification cards, passports, and immigration documents.

5.16.220    Employment information.

5.16.230    Fingerprints and palm prints.

5.16.240    Internet identifiers.

5.16.250    Name.

5.16.260    Phone numbers.

5.16.270    Picture.

5.16.280    Physical description.

5.16.290    Professional licensing information.

5.16.300    Residence address.

5.16.310    School.

5.16.320    Social Security number.

5.16.330    Temporary lodging.

5.16.340    International travel.

5.16.350    Offense information.

5.16.360    Vehicle information.

5.16.370    Requirements for in person appearances.

5.16.380    Sex offender acknowledgement form.

Subchapter 9. Frequency and Duration

5.16.390    Frequency and duration.

Subchapter 10. Verification and Monitoring Program

5.16.400    Verification and monitoring program.

Subchapter 11. Public Sex Offender Registry Website

5.16.410    Website.

5.16.420    Required and prohibited information.

5.16.430    Community notifications.

Subchapter 12. Removal from Registry

5.16.440    Removal from registry.

Subchapter 13. Immunity

5.16.450    Immunity.

Subchapter 1. General Matters

5.16.010 Title.

This code shall be known as the Puyallup Tribal Sex Offender Registration and Notification Code. [Res. 010920 (09/01/20)]

5.16.020 Findings.

The Tribal Council makes the following findings:

(a)    The Tribal Council has the authority to “exclude from the territory of the Puyallup Reservation persons,” “promulgate and enforce ordinances governing the conduct of members of the Puyallup Tribe, and providing for the maintenance of law and order and the administration of justice by establishing a reservation court and defining its duties and powers,” and “safeguard and promote the peace, safety, morals, and general welfare of the Puyallup Reservation by regulating the conduct of trade and the use and disposition of property upon the reservation.” Constitution and Bylaws of Puyallup Tribe, Art. VI, Section 1(i), (k) and (l).

(b)    The conduct and presence of sex offenders on the Puyallup Reservation threatens the political integrity, economic security, health and welfare of the Puyallup Tribe.

(c)    The current system of monitoring and registering sex offenders needs improvement, and a Tribal program for monitoring and registering sex offenders on the Puyallup Reservation is necessary to enhance such system. [Res. 010920 (09/01/20)]

5.16.030 Purpose.

The purposes of this code are:

(a)    To monitor and register sex offenders who are convicted under any Tribal, any state, any federal or territory sex offense. Under Tribal law and who enter any lands within the exterior boundaries of the Puyallup Reservation.

(b)    To implement the federal Sex Offender Registration and Notification Act (SORNA) (Title I of Public Law 109-248) (42 U.S.C. § 16901 et seq.) and shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended. [Res. 010920 (09/01/20)]

5.16.040 Creation of registries.

(a)    Sex Offender Registry. There is hereby established a sex offender registry program, the Puyallup Tribe of Indians Sex Offender Registry, which the Puyallup Tribal Police Department shall maintain and operate pursuant to the provisions of this code, as amended.

(b)    Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, the Puyallup Tribe of Indians Sex Offender Registry Public Website, which the Puyallup Tribal Police Department shall maintain and operate pursuant to the provisions of this code, as amended. [Res. 010920 (09/01/20)]

Subchapter 2. Definitions

5.16.050 Definitions.

The following definitions apply in this code:

(a)    “Convicted” for an adult means that the sex offender has been subjected to penal consequences based on the conviction, however the conviction is styled. For a juvenile offender it means the juvenile offender is either:

(1)    Prosecuted and found guilty as an adult for a sex offense; or

(2)    Is adjudicated as a juvenile for a sex offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in either (a) or (b) of Section 2241 of Title 18, United States Code), or was an attempt or conspiracy to commit such an offense.

(b)    “Dru Sjodin National Sex Offender Public Website (NSOPW)” is the public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920.

(c)    “Employee” includes, but is not limited to, an individual who is self employed or works for any other entity, regardless of compensation. Volunteers of a Tribal agency or organization are included within the definition of employee for registration purposes.

(d)    “Foreign conviction” means conviction obtained outside of the United States.

(e)    “Fixed residence” means a building that a person lawfully and habitually uses as living quarters a majority of the week. Uses as living quarters means to conduct activities consistent with the common understanding of residing, such as sleeping; eating; keeping personal belongings; receiving mail; and paying utilities, rent, or mortgage. A nonpermanent structure including, but not limited to, a motor home, travel trailer, camper, or boat may qualify as a residence provided it is lawfully and habitually used as living quarters a majority of the week, primarily kept at one location with a physical address, and the location it is kept at is either owned or rented by the person or used by the person with the permission of the owner or renter. A shelter program may qualify as a residence provided it is a shelter program designed to provide temporary living accommodations for the homeless, provides an offender with a personally assigned living space and the offender is permitted to store belongings in the living space.

(f)    “Immediate” or “immediately” means within three business days.

(g)    “Imprisonment” refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in state “prison” as well as in a federal, military, foreign, BIA, private or contract facility, or a local or Tribal “jail.” Persons under “house arrest” following conviction of a covered sex offense are required to register pursuant to the provisions of this code during their period of “house arrest.”

(h)    “Jurisdiction” refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.

(i)    “Minor” means any individual who has not attained the age of 18 years.

(j)    “National Sex Offender Registry (NSOR)” is the national database maintained by the Federal Bureau of Investigation pursuant to 42 U.S.C. § 16919.

(k)    “Native American” means any person who is enrolled or eligible for enrollment with any federally recognized Tribe.

(l)    “Puyallup Tribe of Indians Sex Offender Registry” means the registry of sex offenders, and a notification program, maintained by the Puyallup Tribe of Indians or its designee.

(m)    “Puyallup Tribe” or “Tribe” means the Puyallup Indian Tribe.

(n)    “Reside” or “resides” means, with respect to any individual, the location of the individual’s home or other place where the individual habitually lives or sleeps.

(o)    “Sexual act” means:

(1)    Contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight;

(2)    Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

(3)    The penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

(4)    The intentional touching, not through the clothing, of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

(p)    “Sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.

(q)    “Sex offender” means a person convicted of the commission or attempt to commit a sex offense.

(r)    “Sex offense” includes those offenses contained in 42 U.S.C. § 16911(5) and those offenses enumerated in Subchapter 3 of this chapter and offenses resulting in the imposition of a sex offender registration requirement on the offender. An offense involving consensual sexual conduct is not a sex offense for the purposes of this code if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years old and the offender was not more than four years older than the victim.

(s)    “SMART Office” means the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. § 16945.

(t)    “SORNA” means the Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248)), 42 U.S.C. § 16911 et seq., as amended.

(u)    “Student” means a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education.

(v)    “Tier 1 sex offender,” or a “sex offender” designated as “Tier 1,” means one that has been convicted of a “Tier 1” sex offense as defined in Subchapter 4 of this chapter.

(w)    “Tier 2 sex offender,” or a “sex offender” designated as “Tier 2,” means one that has been convicted of a “Tier 2” sex offense as defined in Subchapter 4 of this chapter.

(x)    “Tier 3 sex offender,” or a “sex offender” designated as “Tier 3,” means one that has been convicted of a “Tier 3” sex offense as defined in Subchapter 4 of this chapter.

(y)    Tribal Entities. For purposes of registration requirements, the use of Tribal entities occurs any time a sex offender obtains Tribal services or attends Tribal events at a Tribally owned or leased building that is subject to the jurisdiction of the Tribe.

(z)    Tribal Event. For purposes of registration requirements, a Tribal event is any event that the Puyallup Tribe of Indians sponsors, coordinates, or facilitates.

(aa)    “Tribal Court” means the Puyallup Tribal Court. [Res. 010920 (09/01/20)]

Subchapter 3. Registerable Offenses

5.16.060 Registerable offenses.

A Native American who is required to register as a sex offender by another jurisdiction or who has been convicted of the following offenses, or of an attempt or conspiracy to commit any of the following offenses, shall be subject to the requirements of this code:

(a)    Puyallup Tribal Offenses.

(1)    PTC 5.12.260, Registered sex offender.

(2)    PTC 5.12.270, Failure to register.

(3)    PTC 5.12.280, Attempts and conspiracies.

(4)    PTC 5.12.290, Abusive sexual contact.

(5)    PTC 5.12.300, Certain activities relating to material constituting or containing child pornography.

(6)    PTC 5.12.310, Certain activities relating to material involving the sexual exploitation of minors.

(7)    PTC 5.12.320, Child molestation in the first degree.

(8)    PTC 5.12.330, Child molestation in the second degree.

(9)    PTC 5.12.340, Child molestation in the third degree.

(10)    PTC 5.12.350, Coercion and enticement.

(11)    PTC 5.12.360, Custodial sexual misconduct.

(12)    PTC 5.12.370, Criminal trespass against children.

(13)    PTC 5.12.380, Filing factual statement about an alien individual.

(14)    PTC 5.12.390, Indecent exposure.

(15)    PTC 5.12.400, Indecent liberties.

(16)    PTC 5.12.410, Kidnapping of a minor for sexual purposes.

(17)    PTC 5.12.420, Misleading domain names on the Internet.

(18)    PTC 5.12.430, Misleading words or digital images on the Internet.

(19)    PTC 5.12.440, Offenses resulting in death.

(20)    PTC 5.12.450, Permitting prostitution of a minor.

(21)    PTC 5.12.460, Production of sexually explicit depictions of a minor for importation into the United States.

(22)    PTC 5.12.470, Promoting prostitution of a minor.

(23)    PTC 5.12.480, Rape.

(24)    PTC 5.12.490, Rape of a child in the first degree.

(25)    PTC 5.12.491, Rape of a child in the second degree.

(26)    PTC 5.12.492, Rape of a child in the third degree.

(27)    PTC 5.12.500, Selling or buying of children.

(28)    PTC 5.12.510, Sexual abuse.

(29)    PTC 5.12.520, Sexual abuse of a minor or ward.

(30)    PTC 5.12.530, Sexual assault.

(31)    PTC 5.12.540, Sexual assault of a minor.

(32)    PTC 5.12.550, Sexual assault with a weapon.

(33)    PTC 5.12.560, Sexual exploitation of children.

(34)    PTC 5.12.570, Sexual abuse resulting in death.

(35)    PTC 5.12.580, Sexual misconduct with a minor.

(36)    PTC 5.12.590, Sex trafficking of children or by force, fraud or coercion.

(37)    PTC 5.12.600, Sexually violating human remains.

(38)    PTC 5.12.610, Transmitting information about a minor to further criminal sexual conduct.

(39)    PTC 5.12.620, Transportation of minors for prostitution or illegal sexual activity.

(40)    PTC 5.12.630, Unlawful imprisonment of a minor for sexual purposes.

(41)    PTC 5.12.640, Video voyeurism.

(b)    State of Washington Offenses.

(1)    RCW 9.68.060, Erotic material.

(2)    RCW 9.68.080, Unlawful acts.

(3)    RCW 9.68A.040, Sexual exploitation of a minor – Elements of crime – Penalty.

(4)    RCW 9.68A.050, Dealing in depictions of minor engaged in sexually explicit conduct.

(5)    RCW 9.68A.060, Sending, bringing into state depictions of minor engaged in sexually explicit conduct.

(6)    RCW 9.68A.070, Possession of depictions of a minor engaged in sexually explicit conduct.

(7)    RCW 9.68A.075, Viewing depictions of a minor engaged in sexually explicit conduct.

(8)    RCW 9.68A.090, Communication with minor for immoral purposes – Penalties.

(9)    RCW 9.68A.100, Commercial sexual abuse of a minor – Penalties.

(10)    RCW 9.68A.101, Promoting commercial sexual abuse of a minor – Penalty.

(11)    RCW 9.68A.102, Promoting travel for commercial sexual abuse of a minor – Penalty.

(12)    RCW 9A.68.103, Permitting commercial sexual abuse of a minor – Penalty.

(13)    RCW 9A.40.020, Kidnapping in the first degree (when victim is a minor).

(14)    RCW 9A.40.030, Kidnapping in the second degree (when victim is a minor).

(15)    RCW 9A.40.040, Unlawful imprisonment (when the victim is a minor).

(16)    RCW 9A.40.100, Trafficking (when the victim is a minor and the trafficking involves the minor engaging in sex acts or where there has been a finding of sexual motivation).

(17)    RCW 9A.44.040, Rape in the first degree.

(18)    RCW 9A.44.050, Rape in the second degree.

(19)    RCW 9A.44.060, Rape in the third degree.

(20)    RCW 9A.44.073, Rape of a child in the first degree.

(21)    RCW 9A.44.076, Rape of a child in the second degree.

(22)    RCW 9A.44.079, Rape of a child in the third degree.

(23)    RCW 9A.44.083, Child molestation in the first degree.

(24)    RCW 9A.44.086, Child molestation in the second degree.

(25)    RCW 9A.44.089, Child molestation in the third degree.

(26)    RCW 9A.44.093, Sexual misconduct with a minor in the first degree.

(27)    RCW 9A.44.096, Sexual misconduct with a minor in the second degree.

(28)    RCW 9A.44.100, Indecent liberties.

(29)    RCW 9A.44.105, Sexually violating human remains.

(30)    RCW 9A.44.115, Voyeurism.

(31)    RCW 9A.44.132, Failure to register as a sex offender or kidnapping offender.

(32)    RCW 9A.44.160, Custodial sexual misconduct in the first degree.

(33)    RCW 9A.44.170, Custodial sexual misconduct in the second degree.

(34)    RCW 9A.44.196, Criminal trespass against children.

(35)    RCW 9A.64.020, Incest (when the victim is a minor).

(36)    RCW 9A.88.010, Indecent exposure.

(c)    Federal Offenses.

(1)    18 U.S.C. § 1591, Sex trafficking of children.

(2)    18 U.S.C. § 1801, Video voyeurism of a minor.

(3)    18 U.S.C. § 2241, Aggravated sexual abuse.

(4)    18 U.S.C. § 2242, Sexual abuse.

(5)    18 U.S.C. § 2243, Sexual abuse of a minor or ward.

(6)    18 U.S.C. § 2244, Abusive sexual contact.

(7)    18 U.S.C. § 2245, Offenses resulting in death.

(8)    18 U.S.C. § 2251, Exploitation of children.

(9)    18 U.S.C. § 2251A, Selling or buying of children.

(10)    18 U.S.C. § 2252, Material involving sexual exploitation of minors.

(11)    18 U.S.C. § 2252A, Material constituting or containing child pornography.

(12)    18 U.S.C. § 2252B, Misleading domain names on the Internet.

(13)    18 U.S.C. § 2252C, Misleading words or digital images on the Internet.

(14)    18 U.S.C. § 2260, Production of sexually explicit depictions of a minor for import to the U.S.

(15)    18 U.S.C. § 2421, Transportation of minor for illegal sexual activity.

(16)    18 U.S.C. § 2422, Coercion and enticement of minor for illegal sexual activity.

(17)    18 U.S.C. § 2423, Transportation of minors for illegal sexual activity and other offenses.

(18)    18 U.S.C. § 2424, Failure to file factual statement about an alien individual.

(19)    18 U.S.C. § 2425, Transmitting information about a minor to further criminal sexual conduct.

(d)    Foreign Offenses. Any conviction for a sex offense involving any conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.

(e)    Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note).

(f)    Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241(a) and (b)) and committed by a minor who is 14 years of age or older at the time of the offense. This includes engaging in a sexual act with another by force or the threat of serious violence; or engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim.

(g)    Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including the Tribe, that involves:

(1)    Any conduct that is a sex offense against a minor;

(2)    Any type or degree of genital, oral, or anal penetration;

(3)    Any sexual touching of or sexual contact with a person’s body, either directly or through the clothing;

(4)    Criminal sexual conduct that involves physical contact with a minor or the use of the Internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping, in cases where the victim was a minor at the time of the offense;

(5)    False imprisonment of a minor;

(6)    Kidnapping of a minor;

(7)    Possession, production, or distribution of child pornography;

(8)    Solicitation of a minor to practice prostitution;

(9)    Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct;

(10)    Use of a minor in a sexual performance; and

(11)    Any offense similar to the following:

(A)    18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

(B)    18 U.S.C. § 1801 (video voyeurism of a minor);

(C)    18 U.S.C. § 2241 (aggravated sexual abuse);

(D)    18 U.S.C. § 2242 (sexual abuse);

(E)    18 U.S.C. § 2244 (abusive sexual contact);

(F)    18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution); or

(G)    18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct). [Res. 010920 (09/01/20)]

Subchapter 4. Tiered Offenses

5.16.070 Tier 1 offenses.

(a)    Sex Offenses. A Tier 1 offense includes any sex offense, for which a person has been convicted, or an attempt or conspiracy to commit such an offense that is not a Tier 2 or Tier 3 offense.

(b)    Offenses Involving Minors. A Tier 1 offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to PTC 5.16.060(d) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.

(c)    Tribal Offenses. Any sex offense covered by this code shall be tiered according to the elements of conviction as those elements compared to the federal crimes for Tier 1 classification as opposed to the length of sentencing as the Indian Civil Rights Act restricts tribal maximum sentencing authority to one year.

(d)    Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt or conspiracy to commit such an offense shall be considered a conviction for a Tier 1 offense:

(1)    18 U.S.C. § 1801 (video voyeurism of a minor);

(2)    18 U.S.C. § 2252 (certain activities relating to material involving the sexual exploitation of minors);

(3)    18 U.S.C. § 2252A (receipt or possession of child pornography);

(4)    18 U.S.C. § 2252B (misleading domain names on the Internet);

(5)    18 U.S.C. § 2252C (misleading words or digital images on the Internet);

(6)    18 U.S.C. § 2422(a) (coercion to engage in prostitution);

(7)    18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct);

(8)    18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places);

(9)    18 U.S.C. § 2423(d) (arranging, inducing, procuring or facilitating the travel in interstate commerce of an adult for the purpose of engaging in illicit conduct for financial gain);

(10)    18 U.S.C. § 2424 (failure to file factual statement about an alien individual); or

(11)    18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).

(e)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in subsection (a), (b), (c) or (d) of this section shall be considered a Tier 1 offense. [Res. 010920 (09/01/20)]

5.16.080 Tier 2 offenses.

(a)    Recidivism and Felonies. Unless otherwise covered by PTC 5.16.090, any sex offense that is not the first sex offense for which a person has been convicted or an attempt or conspiracy to commit such an offense and which meets the definition set forth in subsections (b), (c) and (d) of this section shall be considered a Tier 2 offense.

(b)    Offenses Involving Minors. A Tier 2 offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves:

(1)    The use of minors in prostitution, including solicitations;

(2)    Enticing a minor to engage in criminal sexual activity;

(3)    A nonforcible sexual act with a minor 16 or 17 years old;

(4)    Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body;

(5)    The use of a minor in a sexual performance; or

(6)    The production or distribution of child pornography.

(c)    Certain Federal Offenses. Conviction for any of the following federal offenses or an attempt or conspiracy to commit such an offense shall be considered a conviction for a Tier 2 offense:

(1)    18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

(2)    18 U.S.C. § 2244 (abusive sexual contact, where the victim is 13 years of age or older);

(3)    18 U.S.C. § 2251 (sexual exploitation of children);

(4)    18 U.S.C. § 2251A (selling or buying of children);

(5)    18 U.S.C. § 2252 (material involving the sexual exploitation of a minor including, but not limited to, receipt, possession, production or distribution of child pornography);

(6)    18 U.S.C. § 2252A (production or distribution of material containing child pornography);

(7)    18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States);

(8)    18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity);

(9)    18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution); or

(10)    18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).

(d)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in subsection (a), (b), or (c) of this section shall be considered a Tier 2 offense. [Res. 010920 (09/01/20)]

5.16.090 Tier 3 offenses.

(a)    Recidivism and Felonies. Any sex offense where the offender has at least one prior conviction, or an attempt or conspiracy to commit such an offense, for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a Tier 3 offense.

(b)    General Offenses. A Tier 3 offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves:

(1)    Nonparental kidnapping of a minor;

(2)    A sexual act with another by force or threat;

(3)    A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate; or

(4)    Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.

(c)    Certain Federal Offenses. Conviction for any of the following federal offenses shall be considered conviction for a Tier 3 offense:

(1)    18 U.S.C. § 2241 (aggravated sexual abuse);

(2)    18 U.S.C. § 2242 (sexual abuse);

(3)    18 U.S.C. § 2243 (sexual abuse of a minor or ward);

(4)    18 U.S.C. § 2244 (abusive sexual contact) where the victim is 12 years of age or younger; or

(5)    18 U.S.C. § 2423(d) (arranging, inducing, procuring or facilitating the travel in interstate commerce of a minor for the purpose of engaging in illicit conduct).

(d)    Certain Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951) that is similar to those offenses outlined in subsection (a), (b), or (c) of this section shall be considered a Tier 3 offense. [Res. 010920 (09/01/20)]

Subchapter 5. Registration

5.16.100 Registration generally.

A Native American sex offender, who resides, is employed, is a student, uses Tribal entities or attends Tribal events within the exterior boundaries of the Puyallup Reservation, shall register, and keep the registration current, under this code. A sex offender convicted or incarcerated by the Tribe of a sex offense shall also register pursuant to this code. [Res. 010920 (09/01/20)]

5.16.110 Where registration is required.

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

(b)    Jurisdiction of Incarceration. A sex offender incarcerated by the Tribe for a sex offense must register with the Puyallup Tribal Police Department 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 who resides within the exterior boundaries of the Puyallup Reservation must register with the Puyallup Tribal Police Department.

(d)    Jurisdiction of Employment. A sex offender employed by the Tribe in any capacity or otherwise employed within the exterior boundaries of the Puyallup Reservation must register with the Puyallup Tribal Police Department.

(e)    Jurisdiction of School Attendance. A sex offender who is a student in any capacity within the exterior boundaries of the Puyallup Reservation must register with the Puyallup Tribal Police Department.

(f)    Jurisdiction of Tribal Entities and Tribal Events. A sex offender who uses Tribal entities or attends Tribal events within the exterior boundaries of the Puyallup Reservation must register with the Puyallup Tribal Police Department. [Res. 010920 (09/01/20)]

5.16.120 Timing of registration.

(a)    Timing. A sex offender required to register under this code shall do so within the following time limits:

(1)    If convicted by the Tribe for a sex offense and incarcerated, the sex offender must register before being released from incarceration;

(2)    If convicted by the Tribe for a sex offense but not incarcerated, the sex offender must register within three business days of sentencing for the covered offense;

(3)    Within three business days of establishing a residence, commencing employment, or becoming a student within the exterior boundaries of the Puyallup Reservation, a sex offender must register; and

(4)    Prior to using any Tribal entities or attending any Tribal events within the exterior boundaries of the Puyallup Reservation, a sex offender must register.

(b)    Duties of Puyallup Tribal Police Department. The Puyallup Tribal Police Department shall adopt policies and procedures designed to accomplish the following:

(1)    That any sex offender incarcerated or sentenced by the Tribe for a sex offense completes his or her 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, and added to the Puyallup Tribe of Indians Public Sex Offender Registry Website if applicable;

(4)    That upon entry of the sex offender’s information in the Puyallup Tribe of Indians Sex Offender 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. [Res. 010920 (09/01/20)]

5.16.130 Retroactive registration.

(a)    Retroactive Registration. The Puyallup Tribal Police Department shall adopt policies and procedures designed to ensure the following three categories of sex offenders comply with 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 or subject to a preexisting sex offender registration requirement; and

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

(b)    Timing of Recapture. The Puyallup Tribal Police Department shall make reasonable efforts to recapture of the sex offenders described in subsection (a) of this section within the following time periods from the date of enactment of this code:

(1)    For Tier 1 sex offenders – one year;

(2)    For Tier 2 sex offenders – 180 days; and

(3)    For Tier 3 sex offenders – 90 days. [Res. 010920 (09/01/20)]

5.16.140 Updating registry information.

(a)    Jurisdiction of Residency. All sex offenders residing within the exterior boundaries of the Puyallup Reservation shall immediately appear in person before the Puyallup Tribal Police Department to notify of any changes to their name, residence (including termination of residency), employment, or school attendance. All sex offenders residing within the exterior boundaries of the Puyallup Reservation shall immediately notify the Puyallup Tribal Police Department of any changes to their temporary lodging information, and of any changes to their vehicle information, Internet identifiers, or telephone numbers. In the event of a change in temporary lodging of over seven days the sex offender shall immediately notify the Puyallup Tribal Police Department and the Puyallup Tribal Police Department shall 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 the exterior boundaries of the Puyallup Reservation who changes their school, or otherwise terminates their schooling, shall immediately appear in person at the Puyallup Tribal Police Department to update that information.

(c)    Jurisdiction of Employment. Any sex offender employed by the Tribe in any capacity or within the exterior boundaries of the Puyallup Reservation who changes employment, or terminates employment, shall immediately appear in person at the Puyallup Tribal Police Department to update that information. The Puyallup 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 any change.

(d)    Jurisdiction of Tribal Entities and Tribal Events. Any sex offender who wants to begin using Tribal entities or attending Tribal events within the exterior boundaries of the Puyallup Reservation shall immediately appear in person at the Puyallup Tribal Police Department to register as a sex offender prior to using Tribal entities or attending Tribal events. [Res. 010920 (09/01/20)]

Subchapter 6. Notification of Failure to Appear for Registration and Absconding

5.16.150 Notification of 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 Puyallup Tribal Police Department shall immediately inform the jurisdiction that provided notification to the Tribe 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 Puyallup Tribal Police Department receives information that a sex offender has absconded, the Puyallup Tribal Police Department shall initiate an investigation to determine whether the sex offender has actually absconded.

(1)    In the event no determination can be made, the Puyallup Tribal Police Department shall ensure any appropriate law enforcement agency is notified.

(2)    If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, the Puyallup Tribal Police Department shall inform such authorities that the sex offender has failed to appear and register.

(3)    If an absconded sex offender cannot be located then the Puyallup Tribal Police Department shall take the following steps:

(A)    Update the Sex Offenders Registry and Public Sex Offender Registry Website to reflect the sex offender has absconded or is otherwise not capable of being located;

(B)    Notify the U.S. Marshals Service;

(C)    Seek a warrant for the sex offender’s arrest. The U.S. Marshals Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender’s arrest;

(D)    Update the NCIC/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.

(c)    Failure to Register. In the event a sex offender who is required to register fails to do so or otherwise violates a registration requirement of this code, the Puyallup Tribal Police Department shall take all appropriate follow-up measures, including those described in subsection (b) of this section. The Puyallup Tribal Police Department shall first make an effort to determine whether the sex offender resides, is employed, attending school, using Tribal entities or attending Tribal events within the exterior boundaries of the Puyallup Reservation. [Res. 010920 (09/01/20)]

Subchapter 7. Penalties for Violations of Code

5.16.160 Penalties for violations of code.

(a)    Criminal Penalty. Each violation of a provision of this code by a sex offender who is an Indian shall be considered a crime and subject to a period of incarceration as follows:

(1)    First offense: mandatory 30 days in jail, $250.00 fine and increased supervision.

(2)    Second offense: mandatory six months in jail, $500.00 fine and increased supervision.

(3)    Third offense: mandatory nine months in jail, $2,000 fine, and increased supervision.

(4)    Fourth offense: mandatory 12 months in jail and a $5,000 fine.

(b)    Civil Penalty. Each violation of a provision of this code by a sex offender who is not an Indian shall be considered a civil violation subject to enforcement by any means not prohibited by federal law, including, but not limited to, the issuance of fines, forfeitures, and civil contempt.

(c)    Exclusion from the exterior boundaries of the Puyallup Reservation may be imposed simultaneously with a civil or criminal penalty. [Res. 010920 (09/01/20)]

Subchapter 8. Required Information

5.16.170 General requirements.

(a)    Duties. A sex offender subject to registration requirements in this code shall provide all of the required information to the Puyallup Tribal Police Department. The Puyallup Tribal Police Department shall obtain all of the information in this chapter from 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 Puyallup Tribal Police Department in a digitized format. [Res. 010920 (09/01/20)]

5.16.180 Criminal history.

(a)    Criminal History. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.190 Date of birth.

(a)    Date of Birth. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.200 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 Puyallup Tribal Police Department a sample of his DNA.

(b)    CODIS. The registering detective shall collect and submit DNA buccal samples on all registered sex offenders registered with the Puyallup Tribe of Indians Sex Offender Registry. The registering detective shall submit the collection of buccal sample to the FBI laboratory (Federal Convicted Offender Program) within one business day following the collection of the offender’s DNA. After the sample is analyzed the data is entered into the Washington State DNA Database and uploaded into the FBI’s National Database. [Res. 010920 (09/01/20)]

5.16.210 Driver’s licenses, identification cards, passports, and immigration documents.

(a)    Driver’s License. A sex offender shall provide all of the sex offender’s valid driver’s licenses issued by any jurisdiction and the Puyallup Tribal Police Department shall make a photocopy of any such licenses.

(b)    Identification Cards. A sex offender shall provide all of the sex offender’s identification cards including the sex offender’s Tribal enrollment card issued by any jurisdiction and the Puyallup Tribal Police Department shall make a photocopy of any such identification cards.

(c)    Passports. A sex offender shall provide any passports used by the sex offender, and the Puyallup Tribal Police Department shall make a photocopy of any such passports.

(d)    Immigration Documents. A sex offender shall provide any and all immigration documents used by the sex offender, and the Puyallup Tribal Police Department shall make a photocopy of any such documents. [Res. 010920 (09/01/20)]

5.16.220 Employment information.

(a)    Employment. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.230 Fingerprints and palm prints.

The registering detective shall collect and submit finger and palm prints on all registered sex offenders registered with the Puyallup Tribe of Indians Sex Offender Registry. The registering detective shall use the Cross Match Technology 500p print scanning equipment to obtain the prints. The registering detective shall make two copies of the finger and palm prints cards. One set will be sent to the FBI CJIS Division and one set will be placed in the offender’s file. The finger and palm prints will also be stored in a PDF digitized format on the Cross Match computer equipment and placed on PDF digitized format under the offender’s name to be uploaded to TTSORS (Tribe and Territory Sex Offender Registry System). [Res. 010920 (09/01/20)]

5.16.240 Internet identifiers.

(a)    Internet Names. The Puyallup Tribal Police Department shall obtain, and a 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, video posting site identifications such as YouTube, etc. [Res. 010920 (09/01/20)]

5.16.250 Name.

(a)    Name. The Puyallup Tribal Police Department shall obtain, and a sex offender shall provide, the following information related to the sex offender’s name:

(1)    The sex offender’s full primary given name;

(2)    Any and all nicknames, aliases, and pseudonyms regardless of the context in which it is used; and

(3)    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. [Res. 010920 (09/01/20)]

5.16.260 Phone numbers.

(a)    Phone Numbers. The Puyallup Tribal Police Department shall obtain, and a sex offender shall provide, any and all telephone numbers and any other designations used by sex offenders for purposes of routing or self-identification in telephonic communications including but not limited to:

(1)    Any and all cellular telephone numbers.

(2)    Any and all land line telephone numbers.

(3)    Any and all voice over IP (VOIP) telephone numbers. [Res. 010920 (09/01/20)]

5.16.270 Picture.

(a)    Photograph. A sex offender shall permit his or her photograph to be taken by the Puyallup Tribal Police Department:

(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.

(b)    Update Requirements. Unless the appearance of a sex offender has not changed significantly a digitized photograph shall be collected at each appearance indicated in subsection (a) of this section. [Res. 010920 (09/01/20)]

5.16.280 Physical description.

(a)    Physical Description. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.290 Professional licensing information.

(a)    Professional Licenses. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.300 Residence address.

(a)    Address. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.310 School.

(a)    School Location. The Puyallup Tribal Police Department shall obtain, and a 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 where the sex offender is or will be a student. [Res. 010920 (09/01/20)]

5.16.320 Social Security number.

(a)    Social Security. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.330 Temporary lodging.

(a)    Lodging Information. The Puyallup Tribal Police Department shall obtain, and a sex offender shall provide, the following information when the sex offender will be absent from his residence for seven 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; and

(3)    The registered sex offender shall provide the information in subsections (a)(1) and (2) of this section no later than 14 days before his scheduled travel. The information shall be provided in person. [Res. 010920 (09/01/20)]

5.16.340 International travel.

(a)    Travel Abroad. Sex offenders must inform the Puyallup Tribal Police Department 21 days in advance if they intend to travel outside of the United States. The Puyallup Tribal Police Department shall 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. [Res. 010920 (09/01/20)]

5.16.350 Offense information.

(a)    Offense Information. The Puyallup Tribal Police Department shall obtain the text of each provision of law defining the criminal offense(s) for which the sex offender is registered. [Res. 010920 (09/01/20)]

5.16.360 Vehicle information.

(a)    Detailed Information. The Puyallup Tribal Police Department shall obtain, and a 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. [Res. 010920 (09/01/20)]

5.16.370 Requirements for in person appearances.

(a)    Photographs. At each in person verification, the sex offender shall permit the Puyallup 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 Puyallup 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 Puyallup Tribal Police Department shall immediately update the Sex Offender Registry Website, if applicable, and update information in NCIC/NSOR. [Res. 010920 (09/01/20)]

5.16.380 Sex offender acknowledgement form.

(a)    The sex offender shall read, or have read to them, and sign a form stating that the duty to register has been explained to them by Puyallup Tribal Police Department and that the sex offender understands the registration requirement.

(1)    The form shall be signed and dated by the Puyallup Tribal Police Department personnel registering the sex offender.

(b)    The Puyallup Tribal Police Department shall immediately upload the acknowledgement form into the Puyallup Tribe of Indians Sex Offender Registry. [Res. 010920 (09/01/20)]

Subchapter 9. Frequency and Duration

5.16.390 Frequency and duration.

(a)    Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the Puyallup 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 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 180 days for 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 90 days for the rest of their lives.

(4)    For “offenders who lack a fixed residence,” an offender who lacks a fixed residence must report weekly, in person, to the detective where he or she is registered. The weekly report shall be on a day specified by the registering detective, and shall occur during normal business hours. The offender must keep an accurate accounting of where he or she stays during the week and provide it to the registering detective upon request. [Res. 010920 (09/01/20)]

Subchapter 10. Verification and Monitoring Program

5.16.400 Verification and monitoring program.

(a)    The registration verification and monitoring program is designed to ensure information contained in the Puyallup Tribe of Indians Sex Offender Registry is accurate and to track the registrant’s compliance with the Puyallup Tribe of Indians Sex Offender Registration Code while on supervision and following discharge from supervision.

(b)    The Puyallup Tribal Police Department will make reasonable efforts to verify information contained in the Puyallup Tribe of Indians Sex Offender Registry and confirm the information provided by the registrant. [Res. 010920 (09/01/20)]

Subchapter 11. Public Sex Offender Registry Website

5.16.410 Website.

(a)    Website. The Puyallup Tribal Police Department shall use and maintain the Puyallup Tribe of Indians Sex Offender Registry Public Website (https://puyallup-tribe.nsopw.gov/).

(b)    Links. The Puyallup Tribe of Indians Sex Offender Registry Website shall include links to sex offender safety and education resources.

(c)    Instructions. The Puyallup Tribe of Indians Sex Offender Registry Website shall include instructions on how a person can seek correction of information that the individual contends is erroneous.

(d)    Warnings. The Puyallup Tribe of Indians Sex Offender Registry Website shall include a warning that the information contained on the website should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported addresses and that any such action could result in civil or criminal penalties.

(e)    Search Capabilities. The Puyallup Tribe of Indians Sex Offender Registry Website shall have the capability of conducting searches by (1) name; (2) county, city, and/or town; and (3) zip code and/or geographic radius.

(f)    Dru Sjodin National Sex Offender Public Website. The Puyallup Tribal Police Department shall include in the design of the Puyallup Tribe of Indians Sex Offender Registry Website all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website and shall participate in that website as provided by the Attorney General of the United States. [Res. 010920 (09/01/20)]

5.16.420 Required and prohibited information.

(a)    Required Information. The following information shall be made available to the public on the Puyallup Tribe of Indians Sex Offender Registry Website:

(1)    Notice that an offender is in violation of their registration requirements or cannot be located if the sex offender has absconded;

(2)    All sex offenses for which the sex offender has been convicted;

(3)    The sex offense(s) for which the offender is currently registered;

(4)    The address of the sex offender’s employer(s);

(5)    The name of the sex offender including all aliases;

(6)    A current photograph of the sex offender;

(7)    A physical description of the sex offender;

(8)    The residential address and, if relevant, a description of a habitual residence of the sex offender;

(9)    All addresses of schools attended by the sex offender; and

(10)    The sex offender’s vehicle license plate number along with a description of the vehicle.

(b)    Prohibited Information. The following information shall not be available to the public on the Puyallup Tribe of Indians Sex Offender Registry Website:

(1)    Any arrest that did not result in conviction;

(2)    The sex offender’s Social Security number;

(3)    Any travel and immigration documents;

(4)    The identity of the victim; and

(5)    Internet identifiers (as defined in 42 U.S.C. § 16911).

(c)    Witness Protection. For sex offenders who are under a witness protection program, the Puyallup Tribal Police Department may honor the request of the United States Marshals Service or other agency responsible for witness protection by not including the original identity of the offender on the publicly accessible sex offender registry website. [Res. 010920 (09/01/20)]

5.16.430 Community notifications.

(a)    Law Enforcement Notification. Whenever a sex offender registers or updates his or her information with the Tribe, the Puyallup Tribal Police Department shall:

(1)    Monitor and utilize the SORNA Exchange Portal for interjurisdictional change of residence, employment or student status.

(2)    Immediately update NCIC/NSOR.

(3)    Immediately notify any agency, department, or program within the Tribe that is responsible for criminal investigation, prosecution, child welfare or sex offender supervision functions, including, but not limited to, police, whether BIA, tribal, or FBI, Tribal prosecutors, and Tribal probation.

(4)    Immediately notify any and all other registration jurisdictions where the sex offender is registered due to the sex offender’s residency, school attendance, or employment.

(5)    Immediately notify National Child Protection Act agencies, which includes any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993 (42 U.S.C. § 5119a) when a sex offender registers or updates registration.

(6)    Enter or update information posted on the Puyallup Tribe of Indians Sex Offender Registry Website.

(b)    Community Notification. The Puyallup Tribal Police Department shall ensure there is an automated community notification process in place that ensures the following:

(1)    Upon a sex offender’s registration or update of information with the Tribe, the Puyallup Tribe of Indians Sex Offender Registry Website is immediately updated.

(2)    The Puyallup Tribe of Indians Sex Offender Registry Website has a function that enables the general public to request an email notice that will notify them when a sex offender commences residence, employment, or school attendance with the Tribe, within a specified zip code, or within a certain geographic radius. This email notice shall include the sex offender’s identity so that the public can access the public registry for the new information. [Res. 010920 (09/01/20)]

Subchapter 12. Removal from Registry

5.16.440 Removal from registry.

(a)    Upon finding that the conviction has been reversed or vacated, the Tribal Court shall order the removal of a registrant, and all related information, from the Puyallup Tribe of Indians Sex Offender Registry. Upon receipt of such an order, the Puyallup Tribal Police Department shall remove all information contained in the Puyallup Tribe of Indians Sex Offender Registry and Puyallup Tribe of Indians Sex Offender Registry Website concerning an individual. A registrant on the Puyallup Tribe of Indians Sex Offender Registry, whose conviction has been reversed or vacated, may petition the Tribal Court for relief pursuant to this section.

(b)    The Puyallup Tribal Police Department shall verify the death of a registrant by obtaining a copy of the death certificate. Death occurring while on supervision will be verified through the normal procedures of the probation/parole department. Upon verification, the Puyallup Tribal Police Department shall make inactive records in the Puyallup Tribe of Indians Sex Offender Registry related to the deceased sex registrant. [Res. 010920 (09/01/20)]

Subchapter 13. Immunity

5.16.450 Immunity.

(a)    No Waiver of Immunity. Nothing under this chapter shall be construed as a waiver of sovereign immunity for the Puyallup Tribe, its departments, agencies, employees, or agents.

(b)    Good Faith. Any person acting under good faith of this chapter shall be immune from any civil liability arising out of such actions. [Res. 010920 (09/01/20)]