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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Sex Offender Registration Code

Chapter 5. Registration

Section 501. Where Registration is Required

Section 502. Timing of Registration

Section 503. Retroactive Registration

Section 504. Keeping Registration Current

Section 505. Failure to Appear for Registration and Absconding

AST SEX OFFENDER Code Section 501
Section 501. Where Registration is Required

A. Jurisdiction of Conviction. A sex offender must initially register with the Absentee Shawnee Tribal Police Department of the Absentee Shawnee Tribe if the sex offender was convicted by the Tribal Court of a covered sex offense regardless of the sex offender's actual or intended residency.

B. Jurisdiction of Incarceration. A sex offender must register with the Absentee Shawnee Tribal Police Department of the Absentee Shawnee Tribe if the sex offender is incarcerated by the tribe while completing any sentence for a covered sex offense, regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence.

C. Jurisdiction of Residence. A sex offender must register with the Absentee Shawnee Tribal Police Department of the Absentee Shawnee Tribe if the sex offender resides within lands subject to the jurisdiction of the tribe.

D. Jurisdiction of Employment. A sex offender must register with the Absentee Shawnee Tribal Police Department of the Absentee Shawnee Tribe if he or she is employed by the tribe in any capacity or otherwise is employed within lands subject to the jurisdiction of the tribe.

E. Jurisdiction of School Attendance. A sex offender must register with the Absentee Shawnee Tribal Police Department of the Absentee Shawnee Tribe if the sex offender is a student in any capacity within lands subject to the jurisdiction of the tribe.

Absentee Shawnee Sex Offender Code Section 501, AST SEX OFFENDER Code Section 501

 

 

 




AST SEX OFFENDER Code Section 502
Section 502. Timing of Registration

A. Timing. A sex offender required to register with the tribe under this code shall do so in the following timeframe:

1. If convicted by the Absentee Shawnee Tribe for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration;

2. If convicted by the Absentee-Shawnee Tribe but not incarcerated, within 3 business days of sentencing for the registration offense, and

3. Within 3 business days of establishing a residence, commencing employment, or becoming a student on lands subject to the jurisdiction of the Tribe, a sex offender must appear in person to register with the Absentee Shawnee Tribal Police Department.

B. Duties of the Absentee Shawnee Tribal Police Department. The Absentee Shawnee Tribal Police Department shall have policies and procedures in place to ensure the following:

1. That any sex offender incarcerated or sentenced by the tribe for a covered sex offense completes their 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

4. That upon entry of the sex offender's information in to 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.

Absentee Shawnee Sex Offender Code Section 502, AST SEX OFFENDER Code Section 502

 

 

 




AST SEX OFFENDER Code Section 503
Section 503. Retroactive Registration

A. Retroactive Registration. The Absentee Shawnee Tribal Police Department shall have in place policies and procedures to ensure the following three categories of sex offenders are subject to the registration and updating requirements of this 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 pre-existing sex offender registration requirement under the Tribe's laws, and

3. Sex offenders re-entering the justice system due to conviction for any crime.

B. Timing of Recapture. The Absentee Shawnee Tribal Police Department shall ensure recapture of the sex offenders mentioned in Section 5.03(A) within the following timeframe to be calculated from the date of passage of this code:

1. For Tier 1 sex offenders, 180 days,

2. For Tier 2 sex offenders, 90 days, and

3. For Tier 3 sex offenders, 60 days.

Absentee Shawnee Sex Offender Code Section 503, AST SEX OFFENDER Code Section 503

 

 

 




AST SEX OFFENDER Code Section 504
Section 504. Keeping Registration Current

A. Jurisdiction of Residency. All sex offenders required to register in this jurisdiction shall immediately appear in person Absentee Shawnee Tribal 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 Absentee Shawnee Tribal Police Department in writing 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 Absentee Shawnee Tribal Police Department shall immediately 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 lands subject to the jurisdiction of the Tribe regardless of location that change their school, or otherwise terminate their schooling, shall immediately appear in person at the Absentee Shawnee Tribal Police Department to update that information. The Absentee Shawnee 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, are immediately notified of the change.

C. Jurisdiction of Employment. Any sex offender who is employed by the Tribe in any capacity or otherwise is employed within lands subject to the jurisdiction of the Tribe regardless of location that change their employment, or otherwise terminate their employment, shall immediately appear in person at the Absentee Shawnee Tribal Police Department to update that information. The Absentee Shawnee 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, are immediately notified of the change.

D. Duties of Absentee Shawnee Tribal Police Department. With regard to changes in a sex offender's registration information, the Absentee Shawnee Tribal Police Department or designee shall immediately notify:

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

2. Any jurisdiction where the sex offender is either registered or required to register, and

3. Specifically with respect to information relating to a sex offender's intent to commence residence, school, or employment outside of the United States, any jurisdiction where the sex offender is either registered or required to register, and the U.S. Marshals Service. The tribal police shall also ensure this information is immediately updated on NSOR.

Absentee Shawnee Sex Offender Code Section 504, AST SEX OFFENDER Code Section 504

 

 

 




AST SEX OFFENDER Code Section 505
Section 505. 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 Absentee Shawnee Tribal Police Department or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the Tribe that the sex offender failed to appear for registration.

B. Absconded Sex Offenders. If the Absentee Shawnee Tribal Police Department or designee receives information that a sex offender has absconded the Absentee Shawnee Tribal Police Department shall make an effort to determine if the sex offender has actually absconded.

1. In the event no determination can be made, the Absentee Shawnee Tribal Police Department or designee shall ensure the tribal police and any other appropriate law enforcement agency is notified.

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

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

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

b. Notify the U.S. Marshals Service,

c. Seek a warrant for the sex offender's arrest. In the case of a non-Indian, the U.S. Marshals Service or FBI shall be contacted in an attempt to obtain a federal warrant for the sex offender's arrest,

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

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

C. 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 Absentee Shawnee Tribal Police Department shall take all appropriate follow-up measures including those outlined in Section 5.05(B). The Absentee Shawnee Tribal Police Department shall first make an effort to determine if the sex offender is actually employed or attending school in lands subject to the tribe's jurisdiction.

Absentee Shawnee Sex Offender Code Section 505, AST SEX OFFENDER Code Section 505

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