Cheyenne River Sioux Tribe

FAQs:

• What laws does the Cheyenne River Sioux Tribe have that apply to sex offenders?
 
• CHEYENNE RIVER CODE TITLE 88, CHAPTER 1 SEX OFFENDER REGISTRATION DEFINITIONS The following are the definitions governing the Code. Title 88 , Chapter I. (1) SEX OFFENDER- The term “sex offender” means an individual who was convicted of a sex offense. (2) TIER I SEX OFFENDER- The term “tier II sex offender” means a sex offender other than a tier II sex offender or a tier III sex offender. (3) TIER II SEX OFFENDER- The term “tier II sex offender” means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 years and: a. Is comparable to or more severe than the following offenses when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor: i. Sex trafficking (as described in 18 U.S.C.A. § 1591); ii. Coercion and enticement (as described in 18 U.S.C.A. § 2422 (b)); iii. Transportation with intent to engage in criminal sexual activity (as described in 18 U.S.C.A. § 2423 (a)); iv. Abusive sexual contact (as described in 18 U.S.C.A. § 2244) b. Involves- i. Use of minor in a sexual performance: ii. Solicitation of a minor to practice prostituting; or iii. Production or distribution of child pornography or c. Occurs after the offender becomes a tier I sex offender. (4) TIER III SEX OFFENDER- The term “tier III sex offender” means a sex offender whose offense is punishable by imprisonment for more than 1 year and: a. Is comparable to ore more severe that the following offenses or an attempt or conspiracy to commit such offense: i. Aggravated sexual abuse or sexual abuse (as described in 18 U.S.C.A. §§ 2241 and 2242) ; or ii. Abusive sexual contact (as described in 18 U.S.C.A. § 2244) against a minor who has not attained the age of 13 years; b. Involves kidnapping of a minor (unless committed by a parent or guardian); or c. Occurs after the offender becomes a tier II sex offender. (5) AMIE ZYLA EXPANSION OF SEX OFFENSE DEFINITION- a. GENERALLY- Except as limited by subparagraph (b) or (c). 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 specified offense against a minor; iii. A Federal offense (including an offense prosecuted under 18 U.S.C.A. §§ 1152, 1153 or 1591, or chapter 109 A, 18 U.S.C.A. §§ 10 (other that section 2257, 2257A, or 2258), or 117; 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 clauses (i) through (iv). b. FOREIGN CONVICTIONS- A foreign conviction is not sex offense for the purposes of this title if it was to obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 4-1602. c. OFFENSE INVOLVING CONSENSUAL SEXUAL CONDUCT- A offense involving consensual sexual conduct is not a sex offense for the purposes of this title 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 4 years older than the victim. (6) CRIMINAL OFFENSE- The term “criminal offense” means a state, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section (a)(8)(C)(I) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense. (7) EXPANSION OF DEFINITION OF “SPECIFIED OFFENSE AGAINST A MINOR” TO INCLUDE ALL OFFENSES BY CHILD PREDATORS-The term “specified offense against a minor” means a offense against a minor that involves any of the following: a. An offense (unless committed by a parent or guardian) involving kidnapping. b. A offense (unless committed by a parent or guardian) involving false imprisonment. c. Solicitation to engage in sexual conduct. d. Use in a sexual performance. e. Solicitation to practice prostitution. f. Video voyeurism as described in 18 U.S.C.A. § 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. (8) CONIVICTED AS INCLUDING CERTAIN JUVENILE ADJUDICATIONS- The term “convicted” or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that 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 18 U.S.C.A. § 2241), or was an attempt or conspiracy to commit such an offense. (9) SEX OFFENDER REGISTRY- The term “sex offender registry” means a registry of sex offender, and a notification program, maintained by a jurisdiction. (10) JURISDICTION- The term “jurisdiction” means any of the following: a. A State b. The District of Columbia c. The Commonwealth of Puerto Rico d. Guam e. American Samoa f. The Northern Mariana Islands g. The United States Virgin Islands h. To the extent provided and subject to the requirements of section 127, a federally recognized Indian tribe. (11) STUDENT-The term “student” means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education. (12) EMPLOYEE-The term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not. (13) RESIDES- The term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives. (14) MINOR-The term “minor” means an individual who has not attained the age of 18 years. REGISTRY REQUIREMENTS FOR JURISDICTIONS (1) JURISDICTION TO MAINTAIN A REGISTRY- Each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this title. (2) GUIDELINES AND REGULATIONS- The Attorney General of the United State shall issue guidelines and regulations to interpret and implement this title. In addition, the Cheyenne River Sioux Tribe will establish guidelines and regulations which meet or exceed all requirements of federal law, guidelines and regulations for this title. CRST REGISTRY REQUIREMENTS FOR SEX OFFENDERS (1) IN GENERAL-A sex offender shall register, and keep the registration current, in the jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. (2) INITIAL REGISTRATION-The sex offender shall initially register- a. Before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or b. Not later than 3 business days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment. (3) KEEPING THE REGISTRATION CURRENT-A sex offender shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least one (1) jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register. (4) INTITAL REGISTRATION OF SEX OFFENDERS UNABLE TO COMPLY WITH SUBSECTION (b)-The Attorney General of the United States shall have the authority to specify the applicability of the requirements of this title to sex offenders convicted before the enactment of this Act or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other categories of sex offenders who are unable to comply with subsection (2). (5) TRIBAL PENALTY FOR FAILURE TO COMPLY-Within the jurisdiction of the Cheyenne River Sioux Tribe, the criminal penalty for the failure of a sex offender to comply with the requirements of this title is the maximum term of imprisonment that may lawfully be imposed under the Tribe Constitution. The fine that shall be imposed by the Court is the maximum fine that may lawfully be imposed under the Tribal Constitution and court costs. INFORMATION REQUIRED IN REGISTRATION (1) PROVIDED BY THE OFFENDER- The sex offender shall provide the following information to the appropriate Tribal official for inclusion in the sex offender registry: a. The name of the sex offender (including any alias used by the individual). b. The Social Security number of the sex offender. c. The address of each residence at which the sex offender resides or will reside. d. The name and address of any place where the sex offender is an employee or will be an employee. e. The name and address of any place where the sex offender is a student or will be a student. f. The license plate number and a description of any vehicle owned or operated by the sex offender. g. Any other information required by the Attorney General. (2) PROVIDED BY THE JURISDICTION-The jurisdiction in which the sex offender registers shall ensure that the following information is included in the registry for that sex offender: a. A physical description of the sex offender. b. The text of the provision of law defining the criminal offense for which the sex offender is registered. c. The criminal history of the sex offender, including the date of all arrests and convictions; the status of parole, probation, or supervised release; registration status; and the existence of any outstanding arrest warrants for the sex offender. d. A current photograph of the sex offender. e. A set of fingerprints and palm prints of the sex offender. f. A DNA sample of the sex offender. g. A photocopy of a valid driver’s license or identification card issued to the sex offender by a jurisdiction. h. Any other information required by the Tribe or the Attorney general of the United States. DURATION OF REGISTRATION REQUIREMENT (1) FULL REGISTRATION PERIOD-A sex offender shall keep the registration current for the full registration period (excluding any time the sex offender is in custody or civilly committed) unless the offender is allowed a reduction under subsection (b). the full registration period is: a. 15 years, if the offender is a tier I sex offender. b. 25 years, if the offender is a tier II sex offender; and c. The life of the offender, if the offender is a tier III sex offender. (2) REDUCED PERIOD FOR CLEAN RECORD. a. CLEAN RECORD- The full registration period shall be reduced as described in paragraph (3) for a sex offender who maintains a clean record for the period described in paragraph (2) by: i. Not being convicted of any offense for which imprisonment for more than 1 year may be imposed; ii. Not being convicted of any sex offense; iii. Successfully completing any periods of supervised release, probation, and parole; and iv. Successfully completing of an appropriate sex offender treatment program certified by a jurisdiction or by the Attorney General. b. PERIOD-In the case of: i. A tier I sex offender, the period during which the clean record shall be maintained is 10 years; and ii. A tier III sex offender adjudicated delinquent for the offense which required registration in a sex registry under this title, the period during which the clean record shall be maintained is 25 years. c. REDUCTION-In the case of: i. A tier I sex offender, the reduction is 5 years; ii. A tier III sex offender adjudicated delinquent, the reduction is from life to that period for which the clean record under paragraph (2) is maintained. PERIODIC IN PERSON VERIFICATION A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and verify the information in each registry in which that offender is required to be registered not less frequently than: (1) In the year, if the offender is a tier I sex offender; (2) Every 6 months, if the offender is a tier II sex offender; and (3) Every 3 months, if the offender is a tier III sex offender. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND TO REGISTER (1) IN GENERAL- An appropriate official shall, shortly before release of the sex offender from custody, or, if the sex offender is not in custody, immediately after the sentencing of the sex offender, for the offense giving rise to the duty to register- a. Inform the sex offender of the duties of a sex offender under this title and explain those duties; b. Require the sex offender to read and sign a form stating that the duty to register has been explained and that the sex offender understands the registration requirement; and c. Ensure that the sex offender is registered. (2) NOTIFICATION OF SEX OFFENDERS WHO CANNOT COMPLY WITH SUBSECTION (A) - The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (1). PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE INTERNET (1) IN GENERAL- Except as otherwise provided in this section, the Cheyenne River Sioux Tribe shall make available on the internet, in a manner that is readily accessible to all jurisdictions and to the public, all information about each sex offender in the registry. The jurisdiction shall maintain the Internet site in a manner that will permit the public to obtain relevant information for each sex offender by a single query for any given zip code or geographic radius set by the user. The jurisdiction shall also include in the design of its internet site 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. (2) MANDATORY EXEMPTIONS- A jurisdiction shall exempt from disclosure- a. The identity of any victim of a sex offense; b. The Social Security number of the sex offender; c. Any reference to arrests of the sex offender that did not result in conviction; and d. Any other information exempted from disclosure by the Attorney General. (3) OPTIONAL EXEMPTIONS- A jurisdiction may exempt from disclosure- a. Any information about a tier I sex offender convicted of an offense other than a specified offense against a minor; b. The name of an employer of the sex offender; c. The name of an educational institution where the sex offender is a student; and d. Any other information exempted from disclosure by the Attorney General. (4) LINKS- The site shall include, to the extent practicable, links to sex offender safety and education resources. (5) CORRECTION OF ERRORS- The site shall include instruction on how to seek correction of information that an individual contends is erroneous. (6) WARNING- The site shall include a warning that information on the site 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 address. The warning shall note that any such action could result in civil or criminal penalties. SEVERABILITY If any section or provision of this Code is held to be invalid, the remaining sections or provisions of this Code shall remain in full force and effect. ADOPTIONS This title shall be adopted when approved by resolution by the Cheyenne River Sioux Tribal Council. The approval resolution shall be attached hereto. EFFECTIVE DATE. This title shall take effect immediately upon adoption.
 
• How will the Cheyenne River Sioux Tribe implement its Sex Offender Registration Code?
 
• The following constitutes the CRST SORNA Implementation Plan: The CRST Sex Offender Registration Code, Title 88, Chapter 1, at the ¶ entitled: CRST Registry Requirements For Sex Offenders provides: (1) IN GENERAL-A sex offender shall register, and keep the registration current, in the jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence. (2) INITIAL REGISTRATION-The sex offender shall initially register- a. Before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement; or b. Not later than 3 business days after being sentenced for that offense, if the sex offender is not sentenced to a term of imprisonment. (3) KEEPING THE REGISTRATION CURRENT-A sex offender shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least one (1) jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register. (4) INTITAL REGISTRATION OF SEX OFFENDERS UNABLE TO COMPLY WITH SUBSECTION (b)-The Attorney General of the United States shall have the authority to specify the applicability of the requirements of this title to sex offenders convicted before the enactment of this Act or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders and for other categories of sex offenders who are unable to comply with subsection (2). (5) TRIBAL PENALTY FOR FAILURE TO COMPLY-Within the jurisdiction of the Cheyenne River Sioux Tribe, the criminal penalty for the failure of a sex offender to comply with the requirements of this title is the maximum term of imprisonment that may lawfully be imposed under the Tribe Constitution and/or Federal law. The fine that shall be imposed by the Court is the maximum fine that may lawfully be imposed under the Tribal Constitution and court costs. The CRST Sex Offender Registration Code, Title 88, Chapter 1, at the ¶ entitled: “Information Required In Registration” further requires: The sex offender shall provide the following information to the appropriate Tribal official for inclusion in the sex offender registry: a. The name of the sex offender (including any alias used by the individual); b. The Social Security number of the sex offender; c. The address of each residence at which the sex offender resides or will reside; d. The name and address of any place where the sex offender is an employee or will be an employee; e. The name and address of any place where the sex offender is a student or will be a student; f. The license plate number and a description of any vehicle owned or operated by the sex offender; and g. Any other information required by the Attorney General [of the United States]. The Code also mandates that sex offender registrants provide a DNA sample. The CRST Law Enforcement Services Chief of Police shall designate a sworn, certified police officer during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded, to do the following: 1. Provide applications to sex offender registrants; 2. Ensure that the application is complete and accurate; 3. Fingerprint the sex offender registrant; 4. Provide the sex offender registrant with a DNA kit; 5. Supervise the sex offender registrant as the sex offender registrant provides a DNA sample; 6. Receive and cause the submission of the DNA sample to the South Dakota Crime State Forensic Laboratory; and 7. Provide the application data to the designated CRST LES Data Entry Clerk. The CRST Chief of Police has designated a CRST LES Data Entry Clerk during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded, to do the following: 1. Enter the initial sex offender registration data into the Tribe’s SORNA website; 2. Within 24 hours of the receipt of such information submit the designated CRST LES Data Entry Clerk initial sex offender registration information to the South Dakota Sex Offender Registry SDCL 22-24B (hereinafter “SOR”) and the National Crime Information Center/National Sex Offender Registry (hereafter “NCIC/NSOR”); and 3. In addition, the designated CRST LES Data Entry Clerk shall submit the sex offender registration information updates, within 24 hours of the receipt of such information to the Tribal website, SOR and the NCIC/NSOR websites. The Tribal Court Administrator has designated the Juvenile Probation Officer(s) during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded, to do the following: 1. Make contact with Juvenile registered sex offenders in the event that an Juvenile registered sex offender fails to contact CRST LES when required to do so under the CRST Sex Offender Registration Code; 2. In the event that the Juvenile Probation Officer is unable to make contact with an Juvenile registered sex offender who has failed to contact CRST LES, the Juvenile Probation Officer shall verbally report the absence of the Juvenile registered sex offender to CRST LES within 24 hours of the incident; 3. Thereafter, the Juvenile Probation Officer shall deliver his/her written report to the designated CRST LES officer to ensure that the incident is investigated; and 4. the Juvenile Probation Officer shall verbally report the Juvenile registered sex offender to the designated CRST LES Data Entry Clerk; 5. Thereafter, the Juvenile Probation Officer shall deliver his/her written report to the designated CRST LES Data Entry Clerk to ensure that the absence of the Juvenile registered sex offender is circulated throughout the Tribal website, SOR and the NCIC/NSOR websites. The Tribal Court Administrator has designated the Adult Probation Officer(s) during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded, to do the following: 1. Make contact with Adult registered sex offenders in the event that an Adult registered sex offender fails to contact CRST LES when required to do so under the CRST Sex Offender Registration Code; 2. In the event that the Adult Probation Officer is unable to make contact with an Adult registered sex offender who has failed to contact CRST LES, the Adult Probation Officer shall verbally report the absence of the Adult registered sex offender to CRST LES within 24 hours of the incident; 3. Thereafter, the Adult Probation Officer shall deliver his/her written report to the designated CRST LES officer to ensure that the incident is investigated; 4. The Adult Probation Officer shall verbally report the adult registered sex offender to the designated CRST LES Data Entry Clerk; and 5. Thereafter, the Adult Probation Officer shall deliver his/her written report to the designated CRST LES Data Entry Clerk to ensure that the absence of the adult registered sex offender is circulated throughout the Tribal website, SOR and the NCIC/NSOR websites. The CRST Administrative Officer shall designate the Tribe’s Senior Tribal Attorney and/or Tribal Attorney General to assist in resolving SORNA implementation issues within the CRST during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded. The CRST Administrative Officer has designated the Tribe’s Legal Department Office Manager to assist the designated CRST LES Data Entry Clerk with resolving SORNA data entry issues within the CRST during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded. The Tribal Court Administrator has been delegated to assist the designated Juvenile Probation Officer and/or the designated Adult Probation Officer to assist in resolving SORNA-related implementation issues within the CRST during the hours of 8:00 am to 12:00 pm and 1:00 pm through 5:00 pm, Monday through Friday, Tribal and Federal Holidays, excluded. The said SORNA Code was enacted by the CRST Tribal Council on July 7, 2011 after the Code had been published in a newspaper of general circulation on the Cheyenne River Indian Reservation. Act of March 2, 1889 § 4, 25 Stat. 888 (reservation boundaries).
 
• How do I sign up to receive e-mail notifications when a sex offender registers a new address that is near me?
 
• To register for e-mail notifications, first go to the “Community Notifications” tab. Next, enter your e-mail address and the appropriate information about the address in the Register for Community Notifications section of the page. Next, select whether you would like to be notified about sex offender addresses within a 1-, 2-, or 3-mile radius of your address or within the same zip code. Next, check the “I Agree” box to agree to the terms and conditions of the community notification system. Next, click the “Register” button. You should then receive a validation e-mail message that requires you to click the link in the message to complete your registration.
 
• How do I search for sex offenders who are registered by different registration jurisdictions?
 
• The Dru Sjodin National Sex Offender Public Website (NSOPW) provides the ability to search for registered sex offenders nationwide. To access the Website, go to www.nsopw.gov.
 
• How do I search for a particular registered sex offender if I do not know how to spell his or her name?
 
• The Name Search feature of the Website uses “begins with” search logic that returns all registered sex offenders with a first and/or last name or an alias that begins with the criteria you are searching. For example, if you conduct a search for first name “Jo” and last name “Sm”, the search results will include registered sex offenders that have the first name John, Jordan, Joseph, etc. with a last name like Smith, Smalls, Smart, etc. To ensure that you get the most accurate results, conduct a name search with the first two or three letters in the first and/or last name and then narrow your search by adding more letters if the search results are too numerous.
 
• How do I search for registered sex offenders who live, work, or attend school near an address of interest to me?
 
• This Website provides you with a way to search for registered sex offenders by a geographic radius around a particular address, by city, by zip code, and by county. To perform one of these searches, go to the “Geographical Search” tab, enter the information that is appropriate for the type of search you want to perform, select the search type, and click the “Search” button.
 
• How do I contact the registry if I have a question or if I have information that may be helpful?
 
• The registry staff can be contacted two different ways. The first is to click the “Contact Us” tab, fill out the form, and click the “Submit” button. The second is to click the “Submit a Tip” link while viewing a registered sex offender’s details. When a tip is submitted, information about the offender will automatically be included in the message so the registry staff knows which offender corresponds with the tip.