Chapter 3.22 SEX OFFENDER REGISTRATION

The intent of this chapter is to implement the Federal Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16911 et seq., and shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended. [Ord. 140 § 1.02, 5-4-2012 (Res. 2012-172)].

3.22.030 Need.

Violent crime in Indian Country is more than twice the national average. On some reservations it is 20 times the national average. An astounding 30 percent of Indian and Alaska Native women will be raped in their lifetimes. Tribal nations are disproportionately affected by violent crime and sex offenses in particular from both Indian and non-Indian perpetrators; consequently, the conduct and presence of convicted sex offenders in Indian Country threatens the political integrity, economic security, health and welfare of tribal nations even to the point of imperiling the subsistence of tribal communities. [Ord. 140 § 1.03, 5-4-2012 (Res. 2012-172)].

3.22.040 Creation of registries.

(1) Sex Offender Registry. There is hereby established a sex offender registry, which the Tulalip Tribes Police Department shall maintain and operate pursuant to the provisions of this chapter.

(2) Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, which the Tulalip Tribes Police Department shall maintain and operate pursuant to the provisions of this chapter. [Ord. 140 § 1.04, 5-4-2012 (Res. 2012-172)].

Article II. Terminology and Covered Offenses

3.22.050 Definitions.

The definitions below apply to this chapter only:

(1) Convicted. An adult sex offender is “convicted” for the purposes of this chapter if the sex offender has been subjected to penal consequences based on the conviction, however the conviction may be styled.

(2) Juvenile offender is “convicted” for purposes of this chapter if the juvenile offender is either:

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

(b) Is adjudicated delinquent 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, or was an attempt or conspiracy to commit such an offense.

(3) “Employee” as used in this chapter 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.

(4) “Immediate” and “immediately” mean within three business days.

(5) “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 a State “prison” as well as in a Federal, military, 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 chapter during their period of “house arrest.”

(6) “Jurisdiction” as used in this chapter 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. This includes the Tulalip Tribes.

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

(8) “Ordinance 49 (TTC Titles 2 and 3)” means the Tulalip Law and Order Ordinance which governs all civil and criminal proceedings under the jurisdiction of the Tulalip Tribal Court. The Tulalip Law and Order Ordinance 49 can be found at the Tulalip Tribal Court located at 6103 31st Avenue NE, Tulalip, WA 98271. Phone 360-716-4777 or on the Tulalip Tribal Website located at www.tulaliptribes.com.

(9) “Reside” or “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives or sleeps. This includes sex offenders who visit the Reservation for a period of 24 hours or more.

(10) “Sex offense” as used in this chapter includes those offenses contained in 42 U.S.C. 16911(5) and those offenses enumerated in TTC 3.22.060 to include those sex offenses enumerated in TTC Titles 2 and 3 as amended.

(11) Sex Offender. A person convicted of a sex offense is a “sex offender.”

(12) “Sexual act” means:

(a) 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;

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

(13) “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.

(14) “Student” is a person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, an institution of higher education, interns, externs, and apprentices.

(15) “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.

(16) “Tulalip Tribes Sex Offender Registration Website” means the registry of sex offenders, and a notification program, maintained by the Tulalip Police Department.

(17) “National Sex Offender Registry (NSOR)” means the national database maintained by the Federal Bureau of Investigation (FBI).

(18) “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.

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

(20) “Tier 1 sex offender,” or a “sex offender” designated as “Tier 1,” is one that has been convicted of a Tier 1 sex offense as defined in TTC 3.22.090.

(21) “Tier 2 sex offender,” or a “sex offender” designated as “Tier 2,” is one that has been either convicted of a Tier 2 sex offense as defined in TTC 3.22.100, or who is subject to the recidivist provisions of TTC 3.22.100(1).

(22) “Tier 3 sex offender,” or a “sex offender” designated as “Tier 3,” is one that has been convicted of a sex offense as listed in TTC 3.22.070 and 3.22.110. [Ord. 140 § 2.01, 5-4-2012 (Res. 2012-172)].

3.22.060 Covered offenses.

Offenders who reside within the exterior boundaries of the Tulalip Indian Reservation or otherwise reside on property owned by the Tulalip Tribes in fee or trust regardless of location, are employed within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location, or who attend school within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location, that have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the following offenses, are subject to the requirements of this chapter:

(1) Tribal Offenses. A “sex offense” listed in TTC Titles 2 and 3 as they now exist and hereafter amended in the future. All listed sex offenses in TTC Titles 2 and 3 are registerable offenses under this chapter.

(2) Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of “sex offense” at 42 U.S.C. 16911(5):

(a) 18 U.S.C. 1591 (sex trafficking of children);

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

(d) 18 U.S.C. 2242 (sexual abuse);

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

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

(g) 18 U.S.C. 2245 (offenses resulting in death);

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

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

(j) 18 U.S.C. 2252 (material involving the sexual exploitation of a minor);

(k) 18 U.S.C. 2252A (material containing child pornography);

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

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

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

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

(p) 18 U.S.C. 2422 (coercion and enticement of a minor for illegal sexual activity);

(q) 18 U.S.C. 2423 (Mann Act);

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

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

(3) Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119.

(4) 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) and committed by a minor who is 14 years of age or older at the time of the offense.

(5) Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including the exterior boundaries of the Tulalip Indian Reservation and other Tribal Jurisdiction, that involves:

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

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

(d) False imprisonment of a minor;

(e) 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;

(f) Use of a minor in a sexual performance;

(g) Solicitation of a minor to practice prostitution;

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

(i) 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;

(j) Any conduct that by its nature is a sex offense against a minor; or

(k) Any offense similar to those outlined in:

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

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

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

(iv) 18 U.S.C. 2242 (sexual abuse);

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

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

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

(l) Sex Offense. Except as limited by subsection (5)(l)(vi) or (vii) of this section, the term “sex offense” means:

(i) A criminal offense that has an element involving a sexual act or sexual contact with another;

(ii) A criminal offense that is a “specified offense against a minor.” The term “specified offense against a minor” means an offense against a minor that involves any of the following:

(A) An offense (unless committed by a parent or guardian) involving kidnapping.

(B) An offense (unless committed by a parent or guardian) involving false imprisonment.

(D) Use in a sexual performance.

(E) Solicitation to practice prostitution.

(F) Video voyeurism as described in 18 U.S.C. 1801.

(G) Possession, production, or distribution of child pornography.

(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

(I) Any conduct that by its nature is a sex offense against a minor.

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

(iii) A Federal offense (including an offense prosecuted under Section 1152 or 1153 of Title 18 of the United States Code) under Section 1591, or Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code;

(iv) A military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note); or

(v) An attempt or conspiracy to commit an offense described in subsections (5)(l)(i) through (iv) of this section.

(vi) Offenses Involving Consensual Sexual Conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this chapter 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.

(vii) Foreign Offenses. A foreign conviction is not a sex offense for the purposes of this chapter unless it was either:

(A) Obtained under the laws of Canada, the United Kingdom, Australia, or New Zealand; or

(B) 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. [Res. 2012-530; Ord. 140 § 2.02, 5-4-2012 (Res. 2012-172)].

Article III. Tiered Offenses

3.22.070 Adult prosecutions – Tier 3.

Any individual, to include a juvenile prosecuted as an adult, who resides within the exterior boundaries of the Tulalip Indian Reservation or otherwise resides on property owned by the Tulalip Tribes in fee or trust regardless of location, is employed within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location, or who attends school within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location, that has been convicted of any of the offenses in TTC 3.22.060, or is convicted of an attempt or conspiracy to commit any of the following offenses outlined in TTC 3.22.060, shall be considered a Tier 3 sex offender, and shall register and comply with all requirements as specified in this chapter. [Ord. 140 § 3.01, 5-4-2012 (Res. 2012-172)].

3.22.080 Juvenile prosecutions generally.

Juveniles who are adjudicated juvenile delinquent in any court of competent jurisdiction shall be subject to the minimum SORNA requirements under TTC 3.22.090, 3.22.100, and 3.22.110. [Ord. 140 § 3.02, 5-4-2012 (Res. 2012-172)].

3.22.090 Tier 1 – Juvenile.

(1) 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.

(2) 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 TTC 3.22.060(5) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.

(3) Tribal Offenses. Any sex offense covered by this act where punishment was limited to one year in jail shall be considered a Tier 1 sex offense.

(4) Certain Federal Offenses. Conviction for any of the following Federal offenses shall be considered a conviction for a Tier 1 offense:

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

(b) 18 U.S.C. 2252 (receipt or possession of child pornography);

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

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

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

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

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

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

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

(5) 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 subsections (1) through (4) of this section shall be considered a Tier 1 offense. [Ord. 140 § 3.03, 5-4-2012 (Res. 2012-172)].

3.22.100 Tier 2 – Juvenile.

(1) Recidivism and Felonies. Unless otherwise covered by TTC 3.22.090, any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year in jail is considered a Tier 2 offense.

(2) 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:

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

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

(c) 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;

(d) The use of a minor in a sexual performance;

(e) The production or distribution of child pornography; or

(f) A nonforcible sexual act with a minor 16 or 17 years old.

(3) Certain Federal Offenses. Conviction for any of the following Federal offenses shall be considered a conviction for a Tier 2 offense:

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

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

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

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

(f) 18 U.S.C. 2252 (material involving the sexual exploitation of a minor);

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

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

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

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

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

(l) 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 for financial gain).

(4) 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 (1), (2), or (3) of this section shall be considered a Tier 2 offense. [Res. 2012-530; Ord. 140 § 3.04, 5-4-2012 (Res. 2012-172)].

3.22.110 Tier 3 – Juvenile.

(1) Recidivism and Felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a Tier 3 offense.

(2) 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:

(a) Nonparental kidnapping of a minor;

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

(c) 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

(d) 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.

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

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

(b) 18 U.S.C. 2242 (sexual abuse); or

(4) 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 (1), (2), or (3) of this section shall be considered a Tier 3 offense. [Ord. 140 § 3.05, 5-4-2012 (Res. 2012-172)].

3.22.120 Reduction – Juvenile.

(1) Reduction of Registration Periods. A juvenile sex offender may have their period of registration reduced as follows:

(a) A Tier 2 offender may have his or her period of registration reduced to 10 years if he or she has maintained a clean record for 10 consecutive years;

(b) A Tier 3 offender may have his or her period of registration reduced to 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 25 consecutive years.

(2) Clean Record. For purposes of subsection (1) of this section, a juvenile has a clean record if:

(a) He or she has not been convicted of any offense, for which imprisonment for more than one year may be imposed;

(b) He or she has not been convicted of any sex offense;

(c) He or she has successfully completed, without revocation, any period of supervised release, probation, or parole; and

(d) He or she has successfully completed an appropriate sex offender treatment program certified by the Tribes, another jurisdiction, or by the Attorney General of the United States. [Ord. 140 § 3.06, 5-4-2012 (Res. 2012-172)].

3.22.130 Registration without conviction.

The following registrations are applicable to those persons who have given a written confession admitting guilt to a registerable sex offense, so long as the statement is not later retracted:

(1) Not Guilty by Reason of Insanity. If a defendant is found not guilty by reason of insanity, for any of the registerable offenses listed in TTC 3.22.060, the defendant shall register as a sex offender in accordance with this chapter.

(2) Incompetence. Tiered offenders shall include those defendants who have been deemed “incompetent to stand trial” by a court of competent jurisdiction so long as the defendant confessed in writing to a registerable sex offense under this chapter. This shall include those defendants not convicted for reasons of insanity but would have, or may have, been convicted had a court of competent jurisdiction not found the defendant to be “legally insane.” [Ord. 140 § 3.07, 5-4-2012 (Res. 2012-172)].

3.22.140 Appeal of criminal conviction.

An appeal on a sex offense conviction shall not “stay” the registration requirement under this chapter. The defendant shall register as a sex offender under the provisions of this chapter pending a final determination of the Appeals Court. If the matter is remitted back to the original court for retrial the defendant shall remain a registered sex offender pending the outcome of the re-trial. [Ord. 140 § 3.08, 5-4-2012 (Res. 2012-172)].

Article IV. Required Information

3.22.150 General requirements.

(1) Duties. A sex offender covered by this chapter who is required to register with the Tulalip Tribes pursuant to Article V of this chapter shall provide all of the information detailed in this chapter to the Tulalip Tribes Police Department, and the Tulalip Tribes Police Department shall obtain all of the information detailed in this chapter from covered sex offenders who are required to register with the Tulalip Tribes in accordance with this chapter and shall implement any relevant policies and procedures.

(2) Digitization. All information obtained under this chapter shall be, at a minimum, maintained by the Tulalip Tribes Police Department in a digitized format.

(3) Electronic Database. A sex offender registry shall be maintained in an electronic database by the Tulalip Tribes Police Department and shall be in a form capable of electronic transmission. [Ord. 140 § 4.01, 5-4-2012 (Res. 2012-172)].

3.22.160 Criminal history.

(1) Criminal History. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s criminal history:

(a) The date of all arrests;

(b) The date of all convictions;

(d) The sex offender’s registration status; and

(e) Any outstanding arrest warrants. [Ord. 140 § 4.02, 5-4-2012 (Res. 2012-172)].

3.22.170 Date of birth.

(1) Date of Birth. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s date of birth:

(a) The sex offender’s actual date of birth; and

(b) Any other date of birth used by the sex offender. [Ord. 140 § 4.03, 5-4-2012 (Res. 2012-172)].

3.22.180 DNA sample.

(1) The TPD shall submit DNA samples for all registered sex offenders to the Federal Bureau of Investigation (FBI) database. TPD shall not be required to submit DNA to the FBI if the offender’s DNA sample is already in the database.

(2) CODIS. Any DNA sample obtained from the sex offender shall be submitted either to the State DNA laboratory, the Washington State Patrol, for submission into CODIS. [Res. 2012-530; Ord. 140 § 4.04, 5-4-2012 (Res. 2012-172)].

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

(1) Driver’s License. The Tulalip Tribes Police Department 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.

(2) Identification Cards. The Tulalip Tribes Police Department 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.

(3) Passports. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, a photocopy of any passports used by the sex offender.

(4) Immigration Documents. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, a photocopy of any and all immigration documents. [Ord. 140 § 4.05, 5-4-2012 (Res. 2012-172)].

3.22.200 Employment information.

(1) Employment. The Tulalip Tribes Police Department 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:

(a) The name of the sex offender’s employer;

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

3.22.210 Finger and palm prints.

(1) Finger and Palm Prints. The Tulalip Tribes Police Department or designee shall obtain, and a covered sex offender shall provide, both fingerprints and palm prints of the sex offender in a digitized format to the State of Washington. [Ord. 140 § 4.07, 5-4-2012 (Res. 2012-172)].

3.22.220 Name.

(1) Name. The Tulalip Tribes Police Department 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. [Ord. 140 § 4.08, 5-4-2012 (Res. 2012-172)].

3.22.230 Phone numbers.

(1) Phone Numbers. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s telephone numbers to include:

(a) Any and all land line telephone numbers; and

(b) Any and all cellular or car telephone numbers; and

3.22.240 Picture.

(1) Photograph. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, a current photograph of the sex offender.

(2) Update Requirements. Unless the appearance of a sex offender has not changed significantly, a digitized photograph shall be collected.

(3) Tattoos. The Tulalip Tribes Police Department may post on its registration website photographs of tattoos. [Ord. 140 § 4.10, 5-4-2012 (Res. 2012-172)].

3.22.250 Physical descriptions.

(1) Physical Description. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, an accurate description of the sex offender as follows:

(a) A physical description;

(b) A general description of the sex offender’s physical appearance or characteristics; and

(c) Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or tattoos to include photographs of tattoos. [Ord. 140 § 4.11, 5-4-2012 (Res. 2012-172)].

3.22.260 Professional licensing information.

(1) Professional Licenses. The Tulalip Tribes Police Department 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. [Ord. 140 § 4.12, 5-4-2012 (Res. 2012-172)].

3.22.270 Residence address.

(1) Address. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s residence:

(a) The address of each residence at which the sex offender resides or will reside; and

(b) 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. [Ord. 140 § 4.13, 5-4-2012 (Res. 2012-172)].

3.22.280 Schools.

(1) School Location. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information related to the sex offender’s school:

(a) The address of each school where the sex offender is or will be a student; and

(b) The name of each school where the sex offender is or will be a student. [Ord. 140 § 4.14, 5-4-2012 (Res. 2012-172)].

3.22.290 Social Security number.

(1) Social Security. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the following information:

(a) A valid Social Security number for the sex offender; and

(b) Any Social Security number the sex offender has used in the past, valid or otherwise. [Ord. 140 § 4.15, 5-4-2012 (Res. 2012-172)].

3.22.300 Temporary lodging.

(1) Lodging Information. The Tulalip Tribal Police Department shall obtain, and a covered sex offender shall provide, the following information when the sex offender will be absent from his residence for three days or more:

(a) Identifying information of the temporary lodging locations including addresses and names; and

(b) The dates the sex offender will be staying at each temporary lodging location.

(2) Travel Abroad. In the event a sex offender will be traveling abroad for more than three days, the Tulalip Tribal Police Department should consider providing information to INTERPOL. [Ord. 140 § 4.16, 5-4-2012 (Res. 2012-172)].

3.22.310 Offense information.

(1) Offense Information. The Tulalip Tribes Police Department shall obtain, and a covered sex offender shall provide, the criminal offense(s) and jurisdiction of conviction for which the sex offender is registered. [Ord. 140 § 4.17, 5-4-2012 (Res. 2012-172)].

3.22.320 Vehicle information.

(1) Detailed Information. The Tulalip Tribes Police Department 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 (personal and work vehicles regularly used by the offender), aircraft, and watercraft:

(a) License plate numbers;

(b) Registration numbers or identifiers;

(d) Any permanent or frequent location where any covered vehicle is kept. [Ord. 140 § 4.18, 5-4-2012 (Res. 2012-172)].

3.22.330 Frequency and duration.

(1) Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the Tulalip Tribes Police Department for purposes of verification and keeping their registration current in accordance with the following time frames:

(a) 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.

(b) 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.

(2) Homeless Offenders. A sex offender who is required to register as a Tier 1, Tier 2 or Tier 3 offender, but does not have a fixed address or is otherwise “homeless,” shall have an additional requirement to appear in person at the Tulalip Tribes Police Department on a weekly basis.

(3) International Travel. Registered sex offenders must give in-person notification to the TPD of intended travel outside of the United States at least 21 days in advance. 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 uploaded information. Update must also be made to NCIC/NSOR. In-person appearance is required within 72 hours of return. Notification shall include:

(a) Destination;

(b) Duration of travel;

(d) Any other relevant information as determined by the TPD. [Res. 2012-530; Ord. 140 § 4.19, 5-4-2012 (Res. 2012-172)].

3.22.340 Requirements for in-person appearances.

(1) Photographs. At each in-person verification, the sex offender shall permit the Tulalip Tribes Police Department to take a photograph of the offender.

(2) Review of Information. At each in-person verification the sex offender shall review existing information for accuracy.

(3) Notification. If any new information or change in information is obtained at an in-person verification, the Tulalip Tribes Police Department shall immediately notify all other jurisdictions in which the sex offender is required to register of the information or change in information. [Ord. 140 § 4.20, 5-4-2012 (Res. 2012-172)].

3.22.345 Sex offender acknowledgement form.

(1) 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 the Tulalip Police Department and that the sex offender understands the registration requirement.

(a) The form shall be signed and dated by the Tulalip Police Department personnel registering the sex offender.

(2) The Tulalip Police Department shall immediately upload the acknowledgement form into the Tulalip Police Department sex offender registry. [Res. 2012-530].

Article V. Registration

3.22.350 Where registration is required.

(1) Jurisdiction of Conviction. A sex offender must initially register with the Tulalip Tribes Police Department if the sex offender was convicted by any other jurisdiction to include the Tulalip Tribes Court of a covered sex offense regardless of the sex offender’s actual or intended residency.

(2) Jurisdiction of Incarceration. A sex offender must register with the Tulalip Tribes Police Department if the sex offender is incarcerated by any other jurisdiction to include the Tulalip Tribes Court while completing any sentence for a covered sex offense, regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence.

(3) Jurisdiction of Residence. A sex offender must register with the Tulalip Police Department if the sex offender resides within the exterior boundaries of the Tulalip Indian Reservation or otherwise resides on property owned by the Tulalip Tribes in fee or trust regardless of location.

(4) Jurisdiction of Employment. A sex offender must register with the Tulalip Tribes Police Department if the sex offender is employed by the Tulalip Tribes in any capacity or otherwise is employed within the exterior boundaries of the Tulalip Indian Reservation or otherwise resides on property owned by the Tulalip Tribes in fee or trust regardless of the location.

(5) Jurisdiction of School Attendance. A sex offender must register with the Tulalip Tribes Police Department if the sex offender is a student in any capacity within the exterior boundaries of the Tulalip Indian Reservation or otherwise resides on property owned by the Tulalip Tribes in fee or trust regardless of the location. [Ord. 140 § 5.01, 5-4-2012 (Res. 2012-172)].

3.22.360 Timing of registration.

(1) Timing. A sex offender required to register with the Tulalip Tribes under this chapter shall do so in the following time frame:

(a) If convicted by any jurisdiction to include the Tulalip Tribes Court for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration;

(b) If convicted by any jurisdiction to include the Tulalip Tribes Court but not incarcerated, within three business days of sentencing for the registration offense; and

(c) Within three business days of establishing a residence, commencing employment, or becoming a student on land within the exterior boundaries of the Tulalip Indian Reservation on property owned by the Tulalip Tribes in fee or trust regardless of the location, a sex offender must appear in person to register with the Tulalip Police Department.

(d) A person found “not guilty by reason of insanity” or a person found “incompetent to stand trial” shall register as required under this chapter within three business days of establishing a residence, commencing employment, or becoming a student on land within the exterior boundaries of the Tulalip Indian Reservation on property owned by the Tulalip Tribes in fee or trust regardless of the location, a sex offender must appear in person to register with the Tulalip Police Department.

(2) Duties of the Tulalip Tribes Police Department. The Tulalip Tribes Police Department shall have policies and procedures in place to ensure the following:

(a) That any sex offender incarcerated or sentenced by any jurisdiction to include the Tulalip Tribes Court for a covered sex offense completes their initial registration with the Tulalip Police Department.

(b) 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.

(c) That the sex offender is registered, and that the relevant information is posted on the public sex offender website and uploaded to the NSOR and NSOPW.

(d) 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. [Ord. 140 § 5.02, 5-4-2012 (Res. 2012-172)].

3.22.370 Retroactive registrations.

(1) Retroactive Registration. The Tulalip Tribes Police Department shall have in place policies and procedures to ensure the following four categories of sex offenders are subject to the registration and updating requirements of this chapter:

(a) Sex offenders incarcerated or under the supervision of any jurisdiction to include the Tulalip Tribes, whether for a covered sex offense or other crime;

(b) Sex offenders already registered or subject to a preexisting sex offender registration requirement under any jurisdiction to include the Tulalip Tribes;

(d) Persons convicted of a sex offense at any time in the past, 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), (b) and (c)), regardless of subsections (1)(a), (b) and (c) of this section.

(2) Timing of Recapture. The Tulalip Tribes Police Department shall ensure recapture of the sex offenders mentioned in subsection (1) of this section within the following time frame to be calculated from the date of passage of this chapter:

(a) Tier 1: within one year.

(b) Tier 2: within 180 days.

(3) If a person required to register under this section does not register within three days of notice, criminal or civil sanctions may apply. [Ord. 140 § 5.03, 5-4-2012 (Res. 2012-172)].

3.22.380 Updating registration information.

(1) Jurisdiction of Residency. All sex offenders required to register in this jurisdiction shall immediately appear in person at the Tulalip Tribes Police Department 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 Tulalip Tribes Police Department 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 Tulalip Tribes Police Department shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.

(2) Jurisdiction of School Attendance. Any sex offender who is a student in any capacity within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location that changes their school, or otherwise terminates their schooling, shall immediately appear in person at the Tulalip Police Department to update that information. The Tulalip 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 the change.

(3) Jurisdiction of Employment. Any sex offender who is employed by the Tulalip Tribes in any capacity or otherwise is employed within the exterior boundaries of the Tulalip Indian Reservation or on property owned by the Tulalip Tribes in fee or trust regardless of location that changes their employment, or otherwise terminates their employment, shall immediately appear in person at the Tulalip Police Department to update that information. The Tulalip 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 the change.

(4) Duties of the Tulalip Tribes Police Department. With regard to changes in a sex offender’s registration information, the Tulalip Police Department shall immediately notify:

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

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

(c) 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 U.S. Marshals Service. The Tulalip Police Department shall also ensure this information is immediately updated on NSOR. [Ord. 140 § 5.04, 5-4-2012 (Res. 2012-172)].

3.22.390 Failure to appear for registration and absconding.

(1) Failure to Appear. In the event a sex offender fails to register with the Tulalip Police Department as required by this chapter, the Tulalip Police Department shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the Tulalip Tribes that the sex offender failed to appear for registration.

(2) Absconded Sex Offenders. If the Tulalip Police Department receives information that a sex offender has absconded the Department shall make an effort to determine if the sex offender has actually absconded.

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

(b) 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.

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

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

(iii) 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;

(iv) Update the NSOR to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located; and

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

(3) Failure to Register. In the event a sex offender who is required to register due to their employment or school attendance status fails to do so or otherwise violates a registration requirement of this code, the Department shall take all appropriate follow-up measures including those outlined in subsection (2) of this section. The Department shall first make an effort to determine if the sex offender is actually employed or attending school in lands subject to the Tribes’ jurisdiction. [Ord. 140 § 5.05, 5-4-2012 (Res. 2012-172)].

Article VI. Public Sex Offender Registry Website

3.22.400 Website.

(1) Website. The Tulalip Police Department shall use and maintain the Tulalip Tribes Sex Offender Registration Website under SORNA requirements. The Tulalip Police Department may also maintain a secondary public sex offender registry such as Offender Watch.

(2) Links. The registry website shall include links to sex offender safety and education resources.

(3) Instructions. The registry website shall include instructions on how a person can seek correction of information that the individual contends is erroneous.

(4) Warnings. The 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.

(5) Search Capabilities. The registry website shall have the capability of conducting searches by (a) name; (b) county, city, and/or town; and (c) Zip Code and/or geographic radius.

(6) Dru Sjodin National Sex Offender Public Website. The Tulalip Tribes shall include in the design of its 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. [Ord. 140 § 6.01, 5-4-2012 (Res. 2012-172)].

3.22.410 Required and prohibited information.

(1) Required Information. The following information shall be made available to the public on the sex offender registry website:

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

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

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

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

(f) A current photograph of the sex offender;

(g) A physical description of the sex offender;

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

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

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

(2) Prohibited Information. The following information shall not be available to the public on the sex offender registry website:

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

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

(d) The identity of the victim; and

(e) Internet identifiers (as defined in 42 U.S.C. 16915a, the KIDS Act of 2008).

(3) Witness Protection. For sex offenders who are under a witness protection program, the Tulalip 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. [Ord. 140 § 6.02, 5-4-2012 (Res. 2012-172)].

3.22.420 Community notifications.

(1) Law Enforcement Notification. Whenever a sex offender registers or updates his or her information with the Tulalip Tribes, Tulalip Tribes Police Department shall:

(a) Immediately notify the FBI or other Federal agency as designated by the Attorney General in order that the information may be updated on NSOR or other relevant databases.

(b) Immediately notify any agency, department, or program within the Tulalip Tribes that is responsible for criminal investigation, prosecution, child welfare or sex offender supervision functions, including, but not limited to, the FBI, Tulalip Prosecutors, and Tulalip Probation.

(c) 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.

(d) 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.

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

(a) Upon a sex offender’s registration or update of information with the Tulalip Tribes, the Tulalip Police Department’s public sex offender registry website is immediately updated;

(b) The Tulalip Police Department’s public sex offender registry has a function that enables the general public to request an e-mail notice that will notify them when a sex offender commences residence, employment, or school attendance with the Tulalip Tribes, within a specified Zip Code, or within a certain geographic radius. This e-mail notice shall include the sex offender’s identity so that the public can access the public registry for the new information. [Ord. 140 § 6.03, 5-4-2012 (Res. 2012-172)].

Article VII. Additional Requirements/Prohibitions

3.22.430 Safety zones.

Registered sex offenders or persons required to register under this chapter cannot live or be within 1,000 feet of any school, day care, park, public swimming pool, recreation center, youth center, boys and girls club, video arcade facility, public park, or any other place or location where children regularly congregate. A waiver may be granted by the Tulalip Police Department to a parent who has physical custody of their child whose child(ren) attends a school, day care, agency, or facility on a regular basis. Failing to adhere to this provision shall be a civil sanction under this chapter. Criminal penalties may apply. [Ord. 140 § 7.01, 5-4-2012 (Res. 2012-172)].

3.22.440 Restraining orders.

Under Chapter 4.25 TTC as it exists now and hereafter amended, the Tribes, through a government Tribal official or agency, may file a restraining order on behalf of a victim under the age of 18 years for the purpose of restricting a registered sex offender or other person as required to register by this chapter from harassing, threatening, contacting, or approaching another specified person for a period of time. [Ord. 140 § 7.02, 5-4-2012 (Res. 2012-172)].

3.22.450 Exclusions.

In accordance with Chapter 2.40 TTC, Exclusion, persons who have been convicted of a sex offense may be excluded from the Tulalip Tribes in accordance with the procedures outlined in Chapter 2.40 TTC. [Ord. 140 § 7.03, 5-4-2012 (Res. 2012-172)].

3.22.460 Visitors.

Registered sex offenders registered in other jurisdiction(s) shall notify in person the Tulalip Tribes Police Department at the Department location immediately upon entering the exterior boundaries of the Reservation when attending any event or ceremony or engaging in any other social activity on the Reservation for a period of less than 24 hours. Failure to do so may result in civil or criminal penalties. [Ord. 140 § 7.04, 5-4-2012 (Res. 2012-172)].

Article VIII. Crimes and Civil Sanctions

3.22.470 Sanctions.

(1) Crime. Any violation of this chapter, including the provision of false or misleading information, by a sex offender shall be considered a crime under TTC Titles 2 and 3 as it now exists and hereafter amended and subject to a period of incarceration of 365 days in jail and a fine of $5,000. The Tribes reserves the right to garnish per-capita to satisfy the fine.

(2) Civil Penalty. Each violation of a provision of this chapter by any sex offender 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 fine of $5,000, forfeitures, or civil contempt.

(3) Persons failing to register as required under this chapter shall be excluded from the exterior boundaries of the Reservation under the provisions outlined in Chapter 2.40 TTC. [Ord. 140 § 8.01, 5-4-2012 (Res. 2012-172)].

3.22.480 Non-sex offender related crimes.

(1) Harboring. A person is guilty of a crime punishable by up to 365 days in jail or a $5,000 fine if they do any of the following:

(a) 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 chapter;

(b) 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 chapter; or

(2) Misuse of Registration Information. A person is guilty of a crime punishable by up to 365 days in jail or a $5,000 fine if they do any of the following:

(a) Willfully misuse or alter public record information relating to a sex offender or sexual predator, or a person residing or working at an address reported by a sex offender, including information displayed by law enforcement agencies on websites; or

(b) Sell or exchange sex offender information for profit. [Ord. 140 § 8.02, 5-4-2012 (Res. 2012-172)].

Article IX. Immunity

3.22.490 No waiver of immunity.

Nothing under this chapter shall be construed as a waiver of sovereign immunity for the Tulalip Tribes, its departments, agencies, employees, or agents. [Ord. 140 § 9.01, 5-4-2012 (Res. 2012-172)].

3.22.500 Good faith.

Any person acting under good faith of this chapter shall be immune from any civil liability arising out of such actions. [Ord. 140 § 9.02, 5-4-2012 (Res. 2012-172)].

Article X. Severability

3.22.510 Application of severability.

If any provisions of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or other application of the provision to other persons or circumstances, is not affected. [Ord. 140 § 10.01, 5-4-2012 (Res. 2012-172)].