Statutes | 9 GTBC ยง 4.06 | 2020
(a) Prohibition Against Sex Offender Being Present on or Within a Certain Distance of School Building or School Property.
(1) Unless exempted under Subsection (a)(2), it is unlawful for a person required to register as a sex offender under this code:
(A) To be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance or
(B) To loiter or work within three hundred (300) feet of a school building or real property comprising any school.
(2) A person required to register as a sex offender who is a parent or guardian of a student attending the school and who complies with Subsection (2)(H) may be present on school property if the parent or guardian is:
(A) Attending a conference at the school with school personnel to discuss the progress of the sex offender&rsquos child academically or socially
(B) Participating in child review conferences in which evaluation and placement decisions may be made with respect to the sex offender&rsquos child regarding special education services
(C) Attending conferences to discuss other student issues concerning the sex offender&rsquos child, such as retention and promotion
(D) Transporting the sex offender&rsquos child to and from school or
(E) Present at the school because the presence of the sex offender had been requested by the principal for any other reason relating to the welfare of the child.
(F) Subsection (1) of this section shall not apply to a sex offender who is legally enrolled in a particular school or is participating in a school-sponsored educational program located at a particular school when the sex offender is present at that school.
(G) In order to exercise the exemption under Subsection (2)(H), a parent or guardian who is required to register as a sex offender must notify the principal of the school of the sex offender&rsquos presence at the school unless the offender: (i) Has written permission to be present from the superintendent or the school board or (ii) The principal has granted ongoing permission, in writing, for regular visits of a routine nature.
(H) If permission is granted by the superintendent or the school board, the superintendent or school board president must inform the principal of the school where the sex offender will be present in the school and the sex offender is responsible for notifying the principal&rsquos office upon arrival and upon departure. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.
(I) Nothing in this section shall be construed to infringe upon the constitutional right of a sex offender to be present in a school building that is used as a polling place for the purpose of voting.
(b) Prohibition of Offenders Residing Within Three Hundred (300) Feet of a School or Day Care.
(1) Any person, who has been classified as a sex offender, shall not reside within three hundred feet (300) of any school or day care which is in existence at the time the individual begins to reside at the location.
(2) If such sex offender has already established a residence and a school or day care is subsequently built or placed within three hundred (300) feet of such person&rsquos residence, then such person shall, prior to one (1) week of the opening of such school, notify the Department of Public Safety where such school is located that he or she is now residing within three hundred (300) feet of such school and shall provide verifiable proof to the Department of Public Safety that he or she resided there prior to the opening of such school.
(3) Restrictions and prohibitions in the above subsections do not apply to an offender already residing within a school or day care restricted zone prior to the enactment and effective date of the GTB SORNA Code, or an offender who is incarcerated or is at a facility within the zone, or worked within the student safety zone prior to the effective date and offenders who intermittently or sporadically enter a zone for the purposes of work. All registered sex offenders convicted prior to enactment of the GTB SORNA Code AND still living within a restricted zone may not initiate or maintain contact with minors in the restricted zone.
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.