How do federally recognized Indian tribes handle SORNA?
SORNA requires registration in all 50 states, the District of Columbia, U.S. territories, and federally recognized Indian tribes. The law includes the following:
· Mandates registration for a comprehensive group of sex offenders and offenses
· Requires sex offenders to register in every jurisdiction where they reside, work, or attend school.
· Requires more extensive registration information from offenders.
· Establishes a three-tiered system for classifying sex offenders.
· Requires periodic in-person appearances for offenders to verify and update their registration information.
· Expands public access to information about registered sex offenders.
· Increases the minimum required duration of registration for sex offenders.
· Created a new federal offense for failure to register.
Who must register with a tribal jurisdiction?
All adults convicted of a registerable sex offense must register with a tribal jurisdiction, regardless of whether the offender is Native American, non-native, or a tribal member.
Juveniles convicted as adults and some juveniles adjudicated delinquent for particular sex offenses must also register.
What is the “Romeo & Juliet” exception?
An offense involving consensual sexual conduct does not require registration if the victim is at least 13 years old and the offender is not more than four years older than the victim. If the victim is an adult, the offense does not require registration unless the adult was under the offender’s custodial authority when the offense occurred.
Where must sex offenders register?
Sex offenders must register in the jurisdiction where they were convicted. They must also register in any jurisdiction where they live, work, or attend school. A sex offender may be required to register in multiple jurisdictions.
When must initial registration occur?
Incarcerated sex offenders must register before being released from prison. Non-incarcerated offenders must register within three business days of being sentenced for the registration offense.
If the offender was convicted, sentenced, or incarcerated in another jurisdiction, they must register within three business days of establishing residence, employment, or school attendance in the new jurisdiction.
What are the in-person registration requirements?
Just like all sex offenders residing in the United States, SORNA requires that a person required to register appear in person to verify and update registration information according to the following schedule:
· Tier I: Once a year for 15 years
· Tier II: Once every six months for 25 years
· Tier III: Once every three months for life
An in-person appearance is also required for initial registration and to update specific information, such as a change of address.
What are the national and tribal databases involved in SORNA?
1. National Crime Information Center (NCIC): Maintained by the FBI’s Criminal Justice Information Services (CJIS) Division. Contains the National Sex Offender Registry (NSOR), one of 14 person files in the database
2. Next Generation Identification (NGI): The FBI’s fingerprint database
3. Combined DNA Index System (CODIS): The FBI’s DNA database
4. Tribe and Territory Sex Offender Registry System (TTSORS): Provided by the SMART Office to help tribes and territories implement SORNA requirements
What is TTSORS and how can it help my tribe comply with SORNA?
TTSORS is a free service provided by the SMART Office to help tribes implement a SORNA-compliant registry system. TTSORS acts as both the administrative registry system and public website for the tribe and allows for direct submission of offender records to NSOR. Using TTSORS can help tribes:
· Provide community notifications
· Collect all required offender information
· Share information with other jurisdictions
· Participate in NSOPW.gov
· Utilize the SORNA Exchange Portal
What is NSOPW.gov?
NSOPW.gov (the Dru Sjodin National Sex Offender Public Website) is the only government website that links state, territory, and tribal public sex offender registries in a national search site.
What information must be included on a public sex offender registry website?
The following information is required:
· Offender’s name
· Physical description
· Current photograph
· Residence address
· Employment address
· School address
· Vehicle information
· All sex offenses for which the offender has been convicted
· The text of the statutes for the offenses for which the offender is registered
· Notice that the offender is not in compliance or has absconded (if applicable)
The following information is prohibited:
· Any arrest information that did not result in a conviction
· Social Security number
· The victim’s identity
· Travel and immigration documents
· Internet identifiers
What are the requirements for collecting fingerprints and palm prints?
· Jurisdictions must maintain a set of fingerprints and palm prints from each offender in a digital format. Digital prints can be obtained by:
· Using a digital print-taking device (live scan)
· Taking rolled, inked prints, scanning them, and uploading them to the registry. Jurisdictions must also mail a copy of the fingerprint card to the FBI’s CJIS.
· Tribes participating in the Tribal Access Program (TAP) and using TTSORS can submit fingerprints and palm prints directly to NGI.
How do I obtain fingerprint cards?
To order fingerprint cards from the FBI, you must have an Originating Agency Identifier (ORI) number. Contact the FBI’s CJIS Division if your tribe needs an ORI number. Once you have an ORI, complete the CJIS Fingerprinting Supply Requisition Form 1-178.
How do I submit offender information to NCIC/NSOR?
Initial and updated offender registration information must be submitted to NCIC/NSOR immediately. Many tribes have agreements with state or local agencies to submit information, while some tribes have direct access to submit information. If you are unsure whether your tribe can submit offender information to NCIC/NSOR, contact your tribe’s designated law enforcement agency.
What are the DNA collection and submission requirements?
A DNA sample must be collected from every sex offender during registration for analysis and entry into CODIS. Some states have agreements with tribes to collect, preserve, and submit DNA samples.38 Eligible tribes may submit DNA samples directly to the FBI’s Federal DNA Database Unit (FDDU).39 The FBI provides DNA sample collection kits to tribes free of charge.
What are the community notification requirements?
Immediately after an offender registers or updates their registration, the following entities must be notified:
· The Attorney General, who will add the information to NSOR or other relevant databases.
· Appropriate law enforcement agencies, schools, and public housing agencies.
· Each jurisdiction where the offender is required to register.
· Any agency responsible for conducting employment-related background checks.
· Social service entities that protect minors, volunteer organizations that work with minors or vulnerable individuals, and any other organization, company, or individual that requests notification.
Jurisdictions can meet these requirements by updating their public sex offender website, establishing an email notification system, and ensuring that relevant law enforcement and government agencies can access registration information.
What are the requirements for registering juvenile offenders?
Juveniles convicted as adults and juveniles adjudicated delinquent for certain serious sex offenses must register. SORNA only requires registration for juveniles adjudicated delinquent if the juvenile was at least 14 years old when the offense occurred and the offense involved:
· A sexual act (forcible penetration)
· Force or the threat of serious violence
· Rendering the victim unconscious or drugging the victim
Juveniles adjudicated delinquent for these offenses are categorized as tier III offenders. However, SORNA allows jurisdictions to exempt juvenile offenders from the public website and to establish modified procedures for juveniles.
What are the requirements for reporting international travel?
Registered sex offenders must inform their residence jurisdiction of any international travel at least 21 days in advance. The residence jurisdiction must then notify the U.S. Marshals Service’s National Sex Offender Targeting Center (USMS-NSOTC) and update NCIC/NSOR. The residence jurisdiction must collect:
Identifying Information: Full name, aliases, date of birth, sex, citizenship, passport number and country, and FBI number (for domestic law enforcement use only).
Travel Information: Destination, dates and locations of departure and arrival (including the name of the city or town), means of travel, itinerary details (airport, train station, port, flight number, etc.), purpose of travel, criminal record, victim information, registration jurisdiction(s), contact information within the destination country, and the notifying agency and contact information.
Jurisdictions should also collect digital or photocopies of the offender’s travel documents.
What should a tribe do when a sex offender fails to appear for registration?
If a tribe is notified that a sex offender will be relocating to the reservation and the offender fails to appear, the tribe must notify the jurisdiction that provided the notification. If the tribe receives information that the offender has absconded, they should take the following steps:
· Determine whether the offender has absconded.
· If no determination can be made, inform the appropriate law enforcement agency.
· If the offender cannot be located, update the public registry to indicate that the offender is an absconder, notify the U.S. Marshals Service, obtain a warrant for the offender’s arrest, update NCIC/NSOR, and enter the offender’s information into the Wanted Person File in NCIC.
What resources are available to help tribes establish a SORNA program?
The SMART Office provides a variety of resources to help tribes implement SORNA, including:
· A model tribal sex offender registration code
· A SORNA Implementation Policy and Procedures Guide
· A substantial implementation checklist
· Guidance on how to submit a substantial implementation package for review
· These resources are available on the SMART Office website
What training and technical assistance is available to tribes?
The SMART Office’s training and technical assistance team can provide support to tribes on various issues related to SORNA and sex offender management. Assistance is available through conference calls, webinars, peer-to-peer support, training events, and community outreach.
If you reside within a federally recognized Indian reservation and charged with a sex offense, contact our office for a free consultation.