Statutes | 9 GTBC ยง 4.08 | 2020

(a) Mandatory Publication and Notification.

 

    (1) Within twenty-four (24) hours of a sex offender registering or updating their information, the GTBPD shall disclose the name, address or location most recent photograph, if available date of photograph place of employment address of school attended vehicle description and license plate numbers crime for which convicted date and place of conviction of any registrant hair color height race sex and age of any registrant and any other information deemed necessary for the protection of the public to the MSP pursuant to the MOA dated June 25, 2009, and:

 

        (A) Each school, public housing agency, and community center in each area in which the sex offender resides, is an employee, or is a student

 

        (B) Social service entities responsible for protecting minors in the child welfare system, and any agency, department, or program within the Tribe that is responsible for criminal investigations, prosecution, child welfare or sex offender supervision functions, including, but not limited to, police whether BIA, tribal, or FBI, tribal prosecutors and tribal probation

 

        (C) Volunteer organizations in which contact with minors or other vulnerable individuals might occur

 

        (D) Any organization, company, or individual who requests such notification pursuant to procedures established by the jurisdiction, and any organization, company, or individual who requests such notification pursuant to procedures established by the jurisdiction, and any agency, department, or program within the Tribe that is responsible for criminal investigations, prosecution, child welfare or sex offender supervision functions, including, but not limited to, police whether BIA, tribal, or FBI, tribal prosecutors and tribal probation

 

        (E) To the registering authority or any jurisdiction in which a sex offender plans on residing, working, or going to school

 

        (F) Any jurisdiction which notified the GTBPD of an area in which it is the sex offender&rsquos intent to reside, work, or go to school on GTB tribal lands who fails to register pursuant to this code and

 

        (G) Any qualified entity pursuant to the National Child Protection Act of 1993, pursuant to Section 5119a of Title 42 of the United States Code.

 

(b) Publication to National Sex Offender Registry. Within three (3) business days, the GTBPD shall provide all such information as required to the State of Michigan/MSP, who shall notify consistently with the MOA dated June 25, 2009. For any database that is not required, the GTBPD may, in its discretion, provide information.

 

(c) Publication to Other Law Enforcement Agencies. Within three (3) business days, the GTBPD shall produce all registrant information to the appropriate law enforcement agency and probation agency, if appropriate, in each area in which the sex offender resides, is an employee, or is a student. Online access of all registrant information is considered sufficient access.

 

(d) Public and Community Notifications.

 

    (1) The Department of Public Safety may release to any person, entity, or organization, upon a written request, the name, address or location most recent photograph, if available date of photograph place of employment address of school attended vehicle description and license plate numbers crime for which convicted date and place of conviction of any registrant hair eye color height race sex and age of any registrant and any other information deemed necessary for the protection of the public. Additionally, the department may utilize an Internet web site or other electronic means to release the information. Further:

 

        (A) Individuals may obtain, for a fee, a list of registered sex offenders from the GTBPD, by following the provisions and procedure outlined in GTB&rsquos Records Ordinance,

 

        (B) The Tribe may, at its discretion, publish names and/or pictures of all registered sex offenders in local media.

 

        (C) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public.

 

        (D) Information disclosed pursuant to this subsection shall not include information that would identify the victim. (E) Any release of information under this section will be accompanied by the following:

 

WARNING This information is made available for the purpose of protecting the public. It is not to be used for the purpose of harassing or intimidating anyone. A person who uses registry information to commit a criminal act against another person is subject to arrest and prosecution under the GTB Tribal Code.

 

    (2) Law Enforcement Notification. Whenever a sex offender registers or updates his or her information with the tribe, the GTBPD shall:

 

        (A) Immediately notify the MSP pursuant to the MOA dated June 25, 2009, 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 tribe that is responsible for criminal investigation, prosecution, child welfare or sex offender supervision functions, including, but not limited to, police, whether BIA, tribal, or FBI, tribal prosecutors, and tribal probation.

 

        (C) Immediately notify any and all other registration jurisdictions where the sex offender is registered due to the sex offender&rsquos 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.

 

    (3) Community Notification. The GTBPD or its designee shall ensure there is an automated community notification process in place that ensures the following:

 

        (A) Upon a sex offender&rsquos registration or update of information with the Tribe, the Tribe&rsquos public sex offender registry website is immediately updated.

 

        (B) The Tribe&rsquos public sex offender registry has a function that enables the general public to request an e-mail notice when a sex offender commences residence, employment, or school attendance with the Tribe within a specified zip code or within a certain geographic radius. This email notice shall include the sex offender&rsquos identity so that the public can access the public registry for the new information.

 

History: Tribal Act #10-28.2164, enacted by Tribal Council on July 21, 2010. As amended by Tribal Council motion on October 29, 2014 and by Tribal Council motion on January 31, 2018.