Sex Offender Registration And Notification In Indian Country

1. Sex Offender Registration And Notification In Indian Country Michelle Rivard Parks Associate Director Tribal Judicial Institute

2. Federal Sex Offender Laws • There are several notable federal laws pertaining to sex offenders, including: • Jacob Wetterling Act (1994) • Lychner Act (1996) • Megan’s Law (1996)

3. Jacob Wetterling • Jacob was 11 years old in 1989 when he was abducted from his neighborhood in St. Joseph Minnesota • Jacob’s mother Patty became an advocate for missing and exploited children • Patty Wetterling advocated for stronger sex offender registration requirements in the state of Minnesota

4. Jacob Wetterling Act (1994) • requires convicted sex offenders to register their name, address and nature of their conviction with state authorities in the jurisdiction where they reside. • applies to individuals convicted of sexually violent crimes, crimes against children and those deemed to be sexual predators.

5. Pam Lychner • A real Estate Agent in Houston Texas • In 1996 she was preparing to show a vacant home when she was raped, beaten and sexually assaulted • The perpetrator was a twice convicted felon • Pam’s husband interrupted the assault and she survived her attack • Pam went on to advocate for tougher sex offender registration laws

6. Lychner Act (1996) • required the Federal Bureau of Investigations to develop and implement a National Sex Offender Registry. • The Act formally defined the term “sexually violent predator”. • The Act established penalties to be imposed upon sex offenders who relocate and fail to notify authorities.

7. Megan Kanka • Megan Kanka was 7 years old in 1994 when she was lured into a neighbor’s home • Once inside she was raped and murdered • She was only 30 yards from her front doorstep • The perpetrator was a convicted sex offender who had served six years in prison

8. Megan’s Law (1996) • this Act amended the Jacob Wetterling Act and set forth the first notification system for registered sex offenders. • The Act requires information regarding sex offenders to be made available to the public. • The Act does not require Active Community Notification primarily due to the financial costs associated with an active community notification program.

9. Missing Links • Tribal Communities not included in any of the legislation • Effectively this means that sex offenders can continue to reside in Indian country undetected und unbeknownst to the community • Convicted offenders would have to register with state authorities in the county where they reside and they are deemed in compliance

10. Problems and Challenges • Information sharing between state and tribal agencies is lacking • Many tribal communities lack resources to implement a sex offender registration and notification program • Many tribes do not have legislation in place to address sex offender registration and notification

11. Adam Walsh Child Protection and Safety Act of 2006 Michelle Rivard Parks Associate Director Tribal Judicial Institute

12. Adam Walsh • 1981, Adam Walsh was 6 years old when he was abducted from a shopping mall in Florida while shopping with his mother • 16 days after his disappearance police recovered his body • To date no one has ever been arrested or charged in connection with his disappearance nor his death

13. Adam Walsh Child Protection and Safety Act (2006)- HR 4472 • Signed into law by President Bush on July 27, 2006 • What the Law includes: • Title I - Sex Offender Registration and Notification Act • Title II - Federal Criminal Law Enhancements • Title III - Civil Commitment of Dangerous Sex Offenders • Title IV - Immigration Law Reforms • Title V - Child pornography Prevention • Title VI - Grants, Studies, and Programs • Title VII - Internet Safety Act

14. Today’s Discussion • For purposes of today’s discussion we will primarily go through Title I - Sex Offender Registration and Notification Act

15. Sex Offender Registration & Notification Act

16. Three Tier System • Tier I - any sex offender other than a tier II or tier III • Tier II - a sex offender, other than tier III offender whose offense can result in more than 1 year in prison AND is comparable to or more severe than • Sex trafficking, coercion and enticement, transportation with intent to engage in criminal sexual activity, abusive sexual contact, involves minor or occurs after a Tier I offense • Tier III - a sex offender, other than tier III offender whose offense can result in more than 1 year in prison AND is comparable to or more severe than • Aggravated sexual assault, abusive sexual contact, involves kidnapping of a minor or occurs after a Tier II offense

17. What is a sex offense? • Under the Adam Walsh Act a ‘sex offense’ means: • Crime with an element of a sexual act or sexual contact with another • Crime that is a specified offense against a minor • A federal offense • A military offense • An attempt or conspiracy to commit an offense • Some foreign convictions and offenses involving consensual sex are exempt • Include offenses committed in a tribal jurisdiction

18. Registry Requirements • Sex Offenders MUST register and keep registration current wherever they reside, are employed and are students • Initial registration must occur before they complete their sentence or within 3 working days of sentence if no jail time is ordered • Must register all changes of information with 3 working days • States must impose penalties of more than 1 year in prison for failure to register…. Tribe cannot do this because of the ICRA limitations on criminal penalties

19. Notice to Offenders • All offenders shall be notified of the registry requirement prior to release from incarceration or immediately after sentencing • Sex offenders must read and sign a form explaining their duty to register

20. Registry Requirements cont’d • Each jurisdiction shall maintain a sex offender registry that includes the following information relating to the offender: • Name, Social Security Number, address of residence(s), name and address of employers, name and address of educational institutions where offender will be a student, license plate and vehicle information • Physical description of the offender, text of law that offender violated, criminal history, current photograph, fingerprints, DNA sample, photocopy of photo ID

21. How Long do they register? • Tier I - 15 years • Tier II - 25 years • Tier III - life of the offender • “Clean Record” exceptions, timeframes can be reduced for compliance with treatment, supervised release and no future convictions • Tier I - clean record must be maintained for 10 years • Tier III - c.r. must be maintained for 25 years

22. In Person Verifications • Tier I - must appear in person annually to verify information and provide current photo • Tier II - must appear every 6 months • Tier III - must appear every three months

23. Public Notifications • Requires public information be provided via the internet • Exempt information: • Victim’s identity • Offenders SSN • Arrests not resulting in conviction • Employment and educational information MAY be exempted

24. Software • Shall be made available to facilitate: • information sharing among jurisdictions • public access • Community notification programs

25. SOMA • Sex Offender Management Assistance Program • Attorney General may award grant funds to a jurisdiction to offset the costs of implementing a sex offender registry

26. Sec. 127 - Election by Tribes • Tribes may by resolution or other enactment: • Elect to carry out the provisions of the Sex Offender Registration and Notification Act OR can delegate the functions to other jurisdiction(s) • If tribes fail to expressly make an election then delegation will be imputed • TRIBES HAVE ONLY ONE YEAR FROM THE DATE OF THE ENACTMENT OF THIS ACT TO TO MAKE THE ELECTION

27. VAWA 2005 • Title IX Section 905(b): • Establishes a national tribal sex offender registry and tribal protection order registry • Authorizes $1,000,000 each year from 2007 – 2011 to develop and maintain the registry • The national registry will be developed and maintained by an “Indian tribe, tribal organization, or tribal nonprofit organization”