[Adopted 6-17-2010 by Ord. No. 10-13[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XVI, Sex Offender Registration, adopted 8-9-2001 by Ord. No. 01-12, as amended.
A. 
Title. This article shall be known as the "Sex Offender Registration and Notification Ordinance."
B. 
Purpose. The intent of this article is to implement the federal Sex Offender Registration and Notification Act (SORNA) (Title I of Public Law 109-248)[1] and shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended.
[1]
Editor's Note: See 42 U.S.C. § 16901 et seq.
C. 
Need. Violent crime in Indian country is more than twice the national average. On some reservations, it is 20 times the national average. An astounding 30% of Indian and Alaska Native women will be raped in their lifetimes. Tribal nations are disproportionately affected by violent crime and sex offenses in particular from both Indian and nonIndian perpetrators; consequently, the conduct and presence of convicted sex offenders in Indian country threatens the political integrity, economic security, health and welfare of tribal nations even to the point of imperiling the subsistence of tribal communities.
D. 
Creation of registries.
(1) 
Sex offender registry. There is hereby established a sex offender registry, which the Menominee Tribal Police Department shall maintain and operate pursuant to the provisions of this article, as amended.
(2) 
Public sex offender registry website. There is hereby established a public sex offender registry website, which the Menominee Tribal Police Department shall maintain and operate pursuant to the provisions of this article, as amended.
A. 
Definitions. The definitions below apply to this article only.
CONVICTED
(1) 
An adult sex offender is convicted, for the purposes of this article, if the sex offender has been subjected to penal consequences based on the conviction, however the conviction may be styled.
(2) 
A juvenile offender is convicted, for purposes of this article, if the juvenile offender is either:
(a) 
Prosecuted and found guilty as an adult for a sex offense; or
(b) 
Is adjudicated delinquent as a juvenile for a sex 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 either Subsection (a) or (b) of 18 U.S.C. § 2241), or was an attempt or conspiracy to commit such an offense.
DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE (NSOPW)
The public website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920.
EMPLOYEE
The term "employee," as used in this article, includes, but is not limited to, an individual who is self-employed or works for any other entity, regardless of compensation. Volunteers of a tribal agency or organization are included within the definition of "employee" for registration purposes.
FOREIGN CONVICTION
A foreign conviction is one obtained outside of the United States.
IMMEDIATE
The terms "immediate" and "immediately" mean within three business days.
IMPRISONMENT
Refers to incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence. The term is to be interpreted broadly to include, for example, confinement in a state prison as well as in a federal, military, foreign, BIA, private or contract facility, or a local or tribal jail. Persons under house arrest following conviction of a covered sex offense are required to register pursuant to the provisions of this article during their period of house arrest.
JURISDICTION
The term "jurisdiction," as used in this article, refers to the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and any Indian tribe.
MINOR
An individual who has not attained the age of 18 years.
NATIONAL SEX OFFENDER REGISTRY (NSOR)
The national database maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16919.
REGISTRATION AND NOTIFICATION COMMISSION
The group of persons designated to make decisions regarding the holding of public meetings and shall consist of the following:
(1) 
Director of Menominee Tribal Social Services or a social worker from the Department designated by the Director.
(2) 
Menominee Tribal Chief of Police.
(3) 
A member of the Menominee Tribal Legislature designated by the Chairperson of the Menominee Tribal Legislature.
(4) 
One to four other persons appointed by the Menominee Tribal Legislature with experience in one of the fields of health care, education, social services, law enforcement or corrections.
RESIDES
The term "reside" or "resides" means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives or sleeps.
SEX OFFENDER
A person convicted of a sex offense.
SEX OFFENDER REGISTRY
The registry of sex offenders, and a notification program, maintained by the Menominee Tribal Police Department.
SEX OFFENSE
Except as limited by Subsection (6) or (7) of this definition:
(1) 
A criminal offense that has an element involving a sexual act or sexual contact with another.
(2) 
A criminal offense that is a specified offense against a minor. The term "specified offense against a minor" means an offense against a minor that involves any of the following:
(a) 
An offense (unless committed by a parent or guardian) involving kidnapping.
(b) 
An 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. § 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.
(3) 
A federal offense (including an offense prosecuted under 18 U.S.C. § 1152 or § 1153) under Section 1591, or Chapter 109A, 110 (other than Section 2257, 2257A, or 2258), or 117, of Title 18 of the United States Code.
(4) 
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
(5) 
An attempt or conspiracy to commit an offense described in Subsections (1) through (4) of this definition.
(6) 
Offenses involving consensual sexual conduct. An offense involving consensual sexual conduct is not a sex offense for the purposes of this article 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 four years older than the victim.
(7) 
Foreign offenses. A foreign conviction is not a sex offense for the purposes of this article unless it was either:
(a) 
Obtained under the laws of Canada, the United Kingdom, Australia, New Zealand; or
(b) 
Under the laws of any foreign country when the United States State Department, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.
SEXUAL ACT
(1) 
Contact between the penis and the vulva or the penis and the anus, and for purposes of this definition, contact involving the penis occurs upon penetration, however slight;
(2) 
Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(3) 
The penetration, however slight, of the anal or genital opening of another by a hand or finger, or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(4) 
The intentional touching, not through the clothing, of the genitalia of another person that has not attained the age of 18 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
SEXUAL CONTACT
The intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desires of another person.
SMART OFFICE
The Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, which was established within the United States Department of Justice under the general authority of the Attorney General of the United States pursuant to 42 U.S.C. § 16945.
SORNA
The Sex Offender Registration and Notification Act (Title I of the Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248), 42 U.S.C. § 16911 et seq., as amended.
STUDENT
A person who enrolls in or attends either a private or public education institution, including a secondary school, trade or professional school, or an institution of higher education.
TIER 1 SEX OFFENDER
A "Tier 1 sex offender," or a sex offender designated as "Tier 1," is one that has been convicted of a Tier 1 sex offense as defined in § 290-59A.
TIER 2 SEX OFFENDER
A "Tier 2 sex offender," or a sex offender designated as "Tier 2," is one that has been either convicted of a Tier 2 sex offense as defined in § 290-59B or who is subject to the recidivist provisions of § 290-59B(2).
TIER 3 SEX OFFENDER
A "Tier 3 sex offender," or a sex offender designated as "Tier 3," is one that has been either convicted of a Tier 3 sex offense as defined in § 290-59C or who is subject to the recidivist provisions of § 290-59C(2).
B. 
Covered offenses. Individuals who reside within the exterior boundaries of the reservation or otherwise reside on property owned by the Tribe in fee or trust, regardless of location, who are employed within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location, or who attend school within the exterior boundaries of the Reservation or on property owned by the Tribe in fee or trust, regardless of location, that have been convicted of any of the following offenses, or convicted of an attempt or conspiracy to commit any of the following offenses, are subject to the requirements of this article:
(1) 
Tribal offenses. A conviction of, adjudication or commitment for a violation, solicitation, conspiracy, or attempt to commit a violation of any of the following Menominee tribal crimes shall hereafter be included in the definition of "sex offense":
(a) 
Abuse or sexual exploitation of children under Ordinance No. 87-21.
(b) 
Sexual abuse of an individual at risk under Ordinance No. 89-26.
(c) 
First, second and third degree sexual assault of a child under Ordinance No. 99-19.
(d) 
First, second and third degree sexual assault under Ordinance No. 99-20.
(2) 
Wisconsin Statutes. A conviction of, adjudication or commitment for a violation, solicitation, conspiracy or attempt to commit a violation of the following Wisconsin Statutes shall hereafter be included in the definition of "sex offense":
(a) 
940.225(1): first degree sexual assault.
(b) 
940.225(2): second degree sexual assault.
(c) 
940.225(3): third degree sexual assault.
(d) 
940.22(2): sexual exploitation by therapist.
(e) 
940.30: false imprisonment (if the victim was a minor and not the offender's child).
(f) 
940.302(2): human trafficking (if 940.302(2)(a)1b, Wis. Stats., applies).
(g) 
940.31: kidnapping (applies only if the victim was under 18 years of age and the offender was not the victim's parents).
(h) 
944.06: incest.
(i) 
948.02(1): first degree sexual assault of a child.
(j) 
948.02(2): second degree sexual assault of a child.
(k) 
948.025: repeated act of sexual assault — same child.
(l) 
948.05: sexual exploitation of a child.
(m) 
948.051: trafficking of a child.
(n) 
948.055: forced viewing of sexual activity.
(o) 
948.06: incest with a child.
(p) 
948.07(1) through (4): child enticement.
(q) 
948.075: use of a computer to facilitate a child sex crime.
(r) 
948.08: soliciting a child for prostitution.
(s) 
948.085: sexual assault of a child placed in substitute care.
(t) 
948.095: sexual assault of a student by school staff.
(u) 
948.11(2)(a) or (am): exposing a child to harmful materials (for felony sections only).
(v) 
948.12: possession of child pornography.
(w) 
948.13: convicted child sex offender working with children.
(x) 
948.30: abduction of another's child.
(y) 
971.17: not guilty by reason of mental disease of a listed sex offense.
(z) 
975.06: sex crimes law commitment.
(aa) 
980.01: sexually violent person commitment.
(bb) 
944.01: rape (old statute).
(cc) 
944.10: sexual intercourse with a child (old statute).
(dd) 
944.11: indecent behavior with a child (old statute).
(ee) 
944.12: enticing a child for immoral purposes (old statute).
(ff) 
943.01 to 943.15: certain crimes against property if the court determines the underlying conduct was sexually motivated, and in the best interest of public safety (discretionary).
(gg) 
942.08: invasion of privacy (aka Peeping Tom) if the court determines the underlying conduct was sexually motivated, and in the best interest of public safety (discretionary).
(hh) 
Chapter 940: crimes against life and bodily security if the court determines the underlying conduct was sexually motivated, and in the best interest of public safety (discretionary).
(ii) 
Chapter 944: crimes against sexual morality if the court determines the underlying conduct was sexually motivated, and in the best interest of public safety (discretionary).
(jj) 
Chapter 948: crimes against children if the court determines the underlying conduct was sexually motivated, and in the best interest of public safety (discretionary).
(3) 
Federal offenses. A conviction for any of the following and any other offense hereafter included in the definition of "sex offense" at 42 U.S.C. § 16911(5):
(a) 
18 U.S.C. § 1591 (sex trafficking of children).
(b) 
18 U.S.C. § 1801 (video voyeurism of a minor).
(c) 
18 U.S.C. § 2241 (aggravated sexual abuse).
(d) 
18 U.S.C. § 2242 (sexual abuse).
(e) 
18 U.S.C. § 2243 (sexual abuse of a minor or ward).
(f) 
18 U.S.C. § 2244 (abusive sexual contact).
(g) 
18 U.S.C. § 2245 (offenses resulting in death).
(h) 
18 U.S.C. § 2251 (sexual exploitation of children).
(i) 
18 U.S.C. § 2251A (selling or buying of children).
(j) 
18 U.S.C. § 2252 (material involving the sexual exploitation of a minor).
(k) 
18 U.S.C. § 2252A (material containing child pornography).
(l) 
18 U.S.C. § 2252B (misleading domain names on the Internet).
(m) 
18 U.S.C. § 2252C (misleading words or digital images on the Internet).
(n) 
18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States).
(o) 
18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity).
(p) 
18 U.S.C. § 2422 (coercion and enticement of a minor for illegal sexual activity).
(q) 
18 U.S.C. § 2423 (Mann Act).
(r) 
18 U.S.C. § 2424 (failure to file factual statement about an alien individual).
(s) 
18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
(4) 
Foreign offenses: any conviction for a sex offense involving any conduct listed in this section that was obtained under the laws of Canada, the United Kingdom, Australia, New Zealand, or under the laws of any foreign country when the United States State Department in its Country Reports on Human Rights Practices has concluded that an independent judiciary generally or vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred.
(5) 
Military offenses: any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note).
(6) 
Juvenile offenses or adjudications: any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241) and committed by a minor who is 14 years of age or older at the time of the offense. This includes engaging in a sexual act with another by force or the threat of serious violence; or engaging in a sexual act with another by rendering unconscious or involuntarily drugging the victim.
(7) 
Jurisdiction offenses: any sex offense committed in any jurisdiction, including this Tribe, that involves:
(a) 
Any type or degree of genital, oral, or anal penetration;
(b) 
Any sexual touching of or sexual contact with a person's body, either directly or through the clothing;
(c) 
Kidnapping of a minor;
(d) 
False imprisonment of a minor;
(e) 
Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct;
(f) 
Use of a minor in a sexual performance;
(g) 
Solicitation of a minor to practice prostitution;
(h) 
Possession, production, or distribution of child pornography;
(i) 
Criminal sexual conduct that involves physical contact with a minor or the use of the Internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense;
(j) 
Any conduct that by its nature is a sex offense against a minor; or
(k) 
Any offense similar to those outlined in:
[1] 
18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);
[2] 
18 U.S.C. § 1801 (video voyeurism of a minor);
[3] 
18 U.S.C. § 2241 (aggravated sexual abuse);
[4] 
18 U.S.C. § 2242 (sexual abuse);
[5] 
18 U.S.C. § 2244 (abusive sexual contact);
[6] 
18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution);
[7] 
18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct);
[8] 
18 U.S.C. § 2243 (sexual abuse of a minor or ward).
A. 
Tier 1 offenses.
(1) 
Sex offenses. A Tier 1 offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that is not a Tier 2 or Tier 3 offense.
(2) 
Offenses involving minors. A Tier 1 offense also includes any offense for which a person has been convicted by any jurisdiction, local government, or qualifying foreign country pursuant to § 290-58B(3) that involves the false imprisonment of a minor, video voyeurism of a minor, or possession or receipt of child pornography.
(3) 
Tribal offenses. Any sex offense for which a person has been convicted by Tribal Court which has the same or similar elements as other sex offenses classified as Tier 1 sex offenses under this article shall be considered a Tier 1 sex offense.
(4) 
Certain federal offenses. Conviction for any of the following federal offenses shall be considered a conviction for a Tier 1 offense:
(a) 
18 U.S.C. § 1801 (video voyeurism of a minor);
(b) 
18 U.S.C. § 2252 (receipt or possession of child pornography);
(c) 
18 U.S.C. § 2252A (receipt or possession of child pornography);
(d) 
18 U.S.C. § 2252B (misleading domain names on the Internet);
(e) 
18 U.S.C. § 2252C (misleading words or digital images on the Internet);
(f) 
18 U.S.C. § 2422(a) (coercion to engage in prostitution);
(g) 
18 U.S.C. § 2423(b) (travel with the intent to engage in illicit conduct);
(h) 
18 U.S.C. § 2423(c) (engaging in illicit conduct in foreign places);
(i) 
18 U.S.C. § 2424 (failure to file factual statement about an alien individual); or
(j) 
18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).
(5) 
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Subsection A(1), (2) or (3) shall be considered a Tier 1 offense.
B. 
Tier 2 offenses.
(1) 
Recidivism and felonies. Unless otherwise covered by Subsection C, any sex offense that is not the first sex offense for which a person has been convicted and that is punishable by more than one year in jail is considered a Tier 2 offense.
(2) 
Offenses involving minors. A Tier 2 offense includes any sex offense against a minor for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves:
(a) 
The use of minors in prostitution, including solicitations;
(b) 
Enticing a minor to engage in criminal sexual activity;
(c) 
Sexual contact with a minor 13 years of age or older, whether directly or indirectly through the clothing, that involves the intimate parts of the body;
(d) 
The use of a minor in a sexual performance; or
(e) 
The production or distribution of child pornography.
(3) 
Tribal offenses. Any sex offense for which a person has been convicted by Tribal Court which has the same or similar elements as other sex offenses classified as Tier 2 sex offenses under this article shall be considered a Tier 2 sex offense.
(4) 
Certain federal offenses. Conviction for any of the following federal offenses shall be considered a conviction for a Tier 2 offense:
(a) 
18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion).
(b) 
18 U.S.C. § 2243 (sexual abuse of a minor or ward).
(c) 
18 U.S.C. § 2244 (abusive sexual contact, where the victim is 13 years of age or older).
(d) 
18 U.S.C. § 2251 (sexual exploitation of children).
(e) 
18 U.S.C. § 2251A (selling or buying of children).
(f) 
18 U.S.C. § 2252 (material involving the sexual exploitation of a minor).
(g) 
18 U.S.C. § 2252A (production or distribution of material containing child pornography).
(h) 
18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States).
(i) 
18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity).
(j) 
18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution).
(k) 
18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).
(5) 
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Subsection B(1), (2) or (3) shall be considered a Tier 2 offense.
C. 
Tier 3 offenses.
(1) 
Recidivism and felonies. Any sex offense that is punishable by more than one year in jail where the offender has at least one prior conviction for a Tier 2 sex offense, or has previously become a Tier 2 sex offender, is a Tier 3 offense.
(2) 
Two-strike cases. Where the offender has been convicted of a sex offense as defined by the crimes included in this article on two or more separate occasions, the offender shall be classified as a Tier 3 offender and subject to the registration requirements of a Tier 3 offender. A previous conviction can include a conviction from another state or tribe that is comparable to one of the crimes requiring registration under this article. Offenses/dispositions that do not constitute a strike include:
(a) 
Juvenile adjudications.
(b) 
Read-ins do not count as a strike.
(c) 
Convictions that have been revised, set aside, or vacated.
(3) 
General offenses. A Tier 3 offense includes any sex offense for which a person has been convicted, or an attempt or conspiracy to commit such an offense, that involves:
(a) 
Nonparental kidnapping of a minor;
(b) 
A sexual act with another by force or threat;
(c) 
A sexual act with another who has been rendered unconscious or involuntarily drugged, or who is otherwise incapable of appraising the nature of the conduct or declining to participate; or
(d) 
Sexual contact with a minor 12 years of age or younger, including offenses that cover sexual touching of or contact with the intimate parts of the body, either directly or through the clothing.
(4) 
Tribal offenses. Any sex offense for which a person has been convicted by Tribal Court which has the same or similar elements as other sex offenses classified as Tier 3 sex offenses under this article shall be considered a Tier 3 sex offense.
(5) 
Certain federal offenses. Conviction for any of the following federal offenses shall be considered conviction for a Tier 3 offense:
(a) 
18 U.S.C. § 2241(a) and (b) (aggravated sexual abuse);
(b) 
18 U.S.C. § 2242 (sexual abuse); or
(c) 
Where the victim is 12 years of age or younger, 18 U.S.C. § 2244 (abusive sexual contact).
(6) 
Certain military offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Public Law 105-119 (codified at 10 U.S.C. § 951 note) that is similar to those offenses outlined in Subsection C(1), (2) or (3) shall be considered a Tier 3 offense.
(7) 
Wisconsin Chapter 980 commitments. Commitment under Wisconsin Chapter 980 shall classify the offender as a Tier 3 offender and subject the offender to the registration requirements of a Tier 3 offender.
A. 
General requirements.
(1) 
Duties. A sex offender covered by this article who is required to register with the Tribe pursuant to § 290-61 shall provide all of the information detailed in this section to the Menominee Tribal Police Department, and the Menominee Tribal Police Department shall obtain all of the information detailed in this section from covered sex offenders who are required to register with the Tribe in accordance with this article and shall implement any relevant policies and procedures.
(2) 
Digitization. All information obtained under this article shall be, at a minimum, maintained by the Menominee Tribal Police Department in a digitized format.
(3) 
Electronic database. A sex offender registry shall be maintained in an electronic database by the Menominee Tribal Police Department and shall be in a form capable of electronic transmission.
B. 
Criminal history. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's criminal history:
(1) 
The date of all arrests;
(2) 
The date of all convictions;
(3) 
The sex offender's status of parole, probation, or supervised release;
(4) 
The sex offender's registration status; and
(5) 
Any outstanding arrest warrants.
C. 
Date of birth. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's date of birth:
(1) 
The sex offender's actual date of birth; and
(2) 
Any other date of birth used by the sex offender.
D. 
DNA sample.
(1) 
DNA. If the sex offender's DNA is not already contained in the Combined DNA Index System (CODIS), the sex offender shall provide the Menominee Tribal Police Department or designee a sample of his DNA. The Wisconsin Department of Justice, Crime Laboratory Bureau, Wisconsin DNA Databank, BUCCAL Swab Collection Kit will be used to collect the sample.
(2) 
CODIS. Any DNA sample obtained from a sex offender shall be submitted to an appropriate lab for analysis and entry of the resulting DNA profile into CODIS.
E. 
Driver's licenses, identification cards, passports, and immigration documents.
(1) 
Driver's license. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a photocopy of all of the sex offender's valid driver's licenses issued by any jurisdiction.
(2) 
Identification cards. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a photocopy of any identification card, including the sex offender's tribal enrollment card, issued by any jurisdiction.
(3) 
Passports. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a photocopy of any passports used by the sex offender.
(4) 
Immigration documents. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a photocopy of any and all immigration documents.
F. 
Employment information. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's employment, to include any and all places where the sex offender is employed in any means, including volunteer and unpaid positions:
(1) 
The name of the sex offender's employer;
(2) 
The address of the sex offender's employer; and
(3) 
Similar information related to any transient or day labor employment.
G. 
Fingerprints and palm prints. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, both fingerprints and palm prints of the sex offender in a digitized format.
H. 
Internet identifiers: Internet names. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's Internet-related activity:
(1) 
Any and all email addresses used by the sex offender;
(2) 
Any and all instant message addresses and identifiers;
(3) 
Any and all other designations or monikers used for self-identification in Internet communications or postings; and
(4) 
Any and all designations used by the sex offender for the purpose of routing or self-identification in Internet communications or postings.
I. 
Name. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's name:
(1) 
The sex offender's full primary given name;
(2) 
Any and all nicknames, aliases, and pseudonyms, regardless of the context in which they are used; and
(3) 
Any and all ethnic or tribal names by which the sex offender is commonly known. This does not include any religious or sacred names not otherwise commonly known.
J. 
Phone numbers. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's telephone numbers:
(1) 
Any and all land line and Internet-/computer-based telephone numbers; and
(2) 
Any and all cellular and pager telephone numbers.
K. 
Picture.
(1) 
Photograph. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, a current photograph of the sex offender.
(2) 
Update requirements. Unless the appearance of a sex offender has not changed significantly, a digitized photograph shall be collected:
(a) 
Every 90 days for Tier 3 sex offenders;
(b) 
Every 180 days for Tier 2 sex offenders; and
(c) 
Every year for Tier 1 sex offenders.
L. 
Physical description. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, an accurate description of the sex offender as follows:
(1) 
A physical description;
(2) 
A general description of the sex offender's physical appearance or characteristics; and
(3) 
Any identifying marks, such as, but not limited to, scars, moles, birthmarks, or tattoos. The Menominee Tribal Police shall take digitized photos of any identifying marks.
M. 
Professional licensing information: professional licenses. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, all licensing of the sex offender that authorizes the sex offender to engage in an occupation or carry out a trade or business.
N. 
Residence address. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's residence:
(1) 
The address of each residence at which the sex offender resides or will reside; and
(2) 
Any location or description that identifies where the sex offender habitually resides, regardless of whether it pertains to a permanent residence or location otherwise identifiable by a street or address.
O. 
School location. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to the sex offender's school:
(1) 
The address of each school where the sex offender is or will be a student; and
(2) 
The name of each school where the sex offender is or will be a student.
P. 
Social security number. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information:
(1) 
A valid social security number for the sex offender; and
(2) 
Any social security number the sex offender has used in the past, valid or otherwise.
Q. 
Temporary lodging.
(1) 
Lodging information. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information when the sex offender will be absent from his residence for seven days or more:
(a) 
Identifying information of the temporary lodging locations, including addresses and names; and
(b) 
The dates the sex offender will be staying at each temporary lodging location.
(2) 
Travel abroad. In the event the sex offender will be traveling outside of the United States for more than seven days, the Menominee Tribal Police Department or designee shall immediately provide this information to INTERPOL.
R. 
Offense information. The Menominee Tribal Police Department or designee shall obtain the text of each provision of law defining the criminal offense(s) for which the sex offender is registered.
S. 
Detailed vehicle information. The Menominee Tribal Police Department or designee shall obtain, and a covered sex offender shall provide, the following information related to all vehicles owned or operated by the sex offender for work or personal use, including land vehicles, aircraft, and watercraft:
(1) 
License plate numbers;
(2) 
Registration numbers or identifiers;
(3) 
General description of the vehicle, to include color, make, model, and year; and
(4) 
Any permanent or frequent location where any covered vehicle is kept.
T. 
Frequency, duration and reduction.
(1) 
Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the Menominee Tribal Police Department for purposes of verification and keeping his or her registration current in accordance with the following time frames:
(a) 
For Tier 1 offenders, once every year for 15 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense.
(b) 
For Tier 2 offenders, once every 180 days for 25 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense.
(c) 
For Tier 3 offenders, once every 90 days for the rest of their lives.
(d) 
For those offenders, regardless of tier classification, who are homeless or do not have a permanent address, the offender must appear in person at the Menominee Tribal Police Department, during normal business hours, a minimum of once every seven days, or as deemed appropriate by the Sex Offender Registry and Notification Monitor.
(2) 
Reduction of registration periods. A sex offender may have his or her period of registration reduced as follows:
(a) 
A Tier 1 offender may have his or her period of registration reduced to 10 years if he or she has maintained a clean record for 10 consecutive years;
(b) 
A Tier 3 offender may have his or her period of registration reduced to 25 years if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years.
(3) 
Clean record. For purposes of Subsection T(2), a person has a clean record if:
(a) 
He or she has not been convicted of any other criminal offense;
(b) 
He or she has not been convicted of any sex offense;
(c) 
He or she has successfully completed, without revocation, any period of supervised release, probation, or parole; and
(d) 
He or she has successfully completed an appropriate sex offender treatment program certified by the Tribe, another jurisdiction, or by the Attorney General of the United States.
U. 
Requirements for in-person appearances.
(1) 
Photographs. At each in-person verification, the sex offender shall permit the Menominee Tribal Police Department to take a digital photograph of the offender.
(2) 
Review of information. At each in-person verification, the sex offender shall review existing information for accuracy.
(3) 
Notification. If any new information or change in information is obtained at an in-person verification, the offender shall complete a change-of-information form. The Menominee Tribal Police Department shall immediately notify all other jurisdictions in which the sex offender is required to register of the information or change in information.
V. 
Offender profile data. In addition to the offender demographics, offense and locating information contained in the registry, law enforcement officials will have inquiry access to the offender profile data included in the registry. This information will be collected and maintained on each registrant in order to provide law enforcement with a means to identify possible suspects of criminal sexual behavior, based on known factors/identifiers related to the perpetrator and/or the offense pattern. Data collected in this directory works in conjunction with the registry data to serve as an investigatory tool for law enforcement. Offense profiling information contained in this area of the registry shall include, at a minimum, the following information:
(1) 
Profiling information.
(a) 
Targeted age and sex of victim(s).
(b) 
Relationship to victim(s).
(c) 
Type of sexual contact.
(d) 
Method/use of force.
(2) 
Offense pattern information.
(a) 
Committed sexual crime with accomplice.
(b) 
Targeted disabled, aged, vulnerable adults.
(c) 
Targeted prostitutes.
(d) 
Engaged in stalking-type behavior.
(e) 
Engaged in personal and/or home intrusion crimes.
(f) 
Engaged in impersonating a police officer.
(g) 
Used disguises in commission of sex crime.
(h) 
Used photo equipment in commission of sex crime.
(i) 
Used computer in commission of sex crime.
(j) 
Used vehicle in commission of sex crime.
A. 
Where registration is required.
(1) 
Jurisdiction of conviction. A sex offender must initially register with the Menominee Tribal Police Department of the Menominee Indian Tribe of Wisconsin if the sex offender was convicted by the Tribal Court of a covered sex offense, regardless of the sex offender's actual or intended residency.
(2) 
Jurisdiction of incarceration. A sex offender must register with the Menominee Tribal Police Department of the Menominee Indian Tribe of Wisconsin if the sex offender is incarcerated by the Tribe while completing any sentence for a covered sex offense, regardless of whether it is the same jurisdiction as the jurisdiction of conviction or residence.
(3) 
Jurisdiction of residence. A sex offender must register with the Menominee Tribal Police Department of the Menominee Indian Tribe of Wisconsin if the sex offender resides within the exterior boundaries of the Menominee Indian Reservation.
(4) 
Jurisdiction of employment. A sex offender must register with the Menominee Tribal Police Department of the Menominee Indian Tribe of Wisconsin if he or she is employed by the Tribe in any capacity or otherwise is employed within the exterior boundaries of the Menominee Indian Reservation.
(5) 
Jurisdiction of school attendance. A sex offender must register with the Menominee Tribal Police Department of the Menominee Indian Tribe of Wisconsin if the sex offender is a student in any capacity within the exterior boundaries of the Menominee Indian Reservation.
B. 
Timing of registration.
(1) 
Timing. A sex offender required to register with the Tribe under this article shall do so in the following time frame:
(a) 
If convicted by the Menominee Indian Tribe of Wisconsin for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration;
(b) 
If convicted by the Menominee Indian Tribe of Wisconsin but not incarcerated, within three business days of sentencing for the registration offense; and
(c) 
Within three business days of establishing a residence, commencing employment, or becoming a student on lands located within the exterior boundaries of the Menominee Indian Reservation, a sex offender must appear in person to register with the Menominee Tribal Police Department.
(2) 
Duties of Menominee Tribal Police Department. The Menominee Tribal Police Department shall have policies and procedures in place to ensure the following:
(a) 
That any sex offender incarcerated or sentenced by the Tribe for a covered sex offense completes his or her initial registration with the Tribe, using the METP Form 1759;
(b) 
That the sex offender reads, or has read to him or her, and signs a form stating that the duty to register has been explained to him or her and that the sex offender understands the registration requirement;
(c) 
That the sex offender is registered; and
(d) 
That upon entry of the sex offender's information into the Menominee Tribal Sex Offender Registry and Notification (SORN) Database, that information is immediately forwarded to all other jurisdictions in which the sex offender is required to register due to the sex offender's residency, employment, or student status.
C. 
Retroactive registration.
(1) 
Retroactive registration. The Menominee Tribal Police Department shall have in place policies and procedures to ensure the following three categories of sex offenders are subject to the registration and updating requirements of this article:
(a) 
Sex offenders incarcerated or under the supervision of the Tribe, whether for a covered sex offense or other crime;
(b) 
Sex offenders already registered or subject to a preexisting sex offender registration requirement under the Tribe's laws; and
(c) 
Sex offenders reentering the justice system due to conviction for any crime.
(2) 
Timing of recapture. The Menominee Tribal Police Department shall ensure recapture of the sex offenders mentioned in Subsection C(1) within the following time frame to be calculated from the date of passage of this article:
(a) 
For Tier 1 sex offenders: one year;
(b) 
For Tier 2 sex offenders: 180 days; and
(c) 
For Tier 3 sex offenders: 90 days.
D. 
Keeping registration current.
(1) 
Jurisdiction of residency. All sex offenders required to register in this jurisdiction shall immediately appear in person at the Menominee Tribal Police Department to update any changes to their name, residence (including termination of residency), employment, or school attendance. All sex offenders required to register in this jurisdiction shall immediately inform the Menominee Tribal Police Department, in person, of any changes to their temporary lodging information, vehicle information, Internet identifiers, or telephone numbers. The offender shall complete a change-of-information form. In the event of a change in temporary lodging, the sex offender and the Menominee Tribal Police Department shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.
(2) 
Jurisdiction of school attendance. Any sex offender who is a student in any capacity at a school located within the exterior boundaries of the Menominee Indian Reservation, regardless of location, who changes his or her school, or otherwise terminates his or her schooling, shall immediately appear, in person, at the Menominee Tribal Police Department to update that information. The offender shall complete a change-of-information form. The Menominee Tribal Police Department shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.
(3) 
Jurisdiction of employment. Any sex offender who is employed by the Tribe in any capacity or otherwise is employed within the exterior boundaries of the Menominee Indian Reservation, regardless of location, who changes his or her employment, or otherwise terminates his or her employment, shall immediately appear, in person, at the Menominee Tribal Police Department to update that information. The offender shall complete a change-of-information form. The Menominee Tribal Police Department shall ensure that each jurisdiction in which the sex offender is required to register, or was required to register prior to the updated information being given, is immediately notified of the change.
(4) 
Duties of Menominee Tribal Police Department. With regard to changes in a sex offender's registration information, the Menominee Tribal Police Department or designee shall immediately notify:
(a) 
All jurisdictions where a sex offender intends to reside, work, or attend school;
(b) 
Any jurisdiction where the sex offender is either registered or required to register; and
(c) 
Specifically with respect to information relating to a sex offender's intent to commence residence, school, or employment outside of the United States, any jurisdiction where the sex offender is either registered or required to register, and the U.S. Marshals Service. The tribal police shall also ensure this information is immediately updated on NSOR.
E. 
Failure to appear for registration and absconding.
(1) 
Failure to appear. In the event a sex offender fails to register with the Tribe as required by this article, the Menominee Tribal Police Department or designee shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the Tribe that the sex offender failed to appear for registration.
(2) 
Absconded sex offenders. If the Menominee Tribal Police Department or designee receives information that a sex offender has absconded, the Menominee Tribal Police Department shall make an effort to determine if the sex offender has actually absconded.
(a) 
In the event no determination can be made, the Menominee Tribal Police Department or designee shall ensure the tribal police and any other appropriate law enforcement agency is notified.
(b) 
If the information indicating the possible absconding came through notice from another jurisdiction or federal authorities, they shall be informed that the sex offender has failed to appear and register.
(c) 
If an absconded sex offender cannot be located, then the tribal police shall take the following steps:
[1] 
Update the registry to reflect the sex offender has absconded or is otherwise not capable of being located;
[2] 
Notify the U.S. Marshals Service;
[3] 
Seek a warrant for the sex offender's arrest. The U.S. Marshals Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender's arrest;
[4] 
Update the NSOR to reflect the sex offender's status as an absconder, or as otherwise not capable of being located; and
[5] 
Enter the sex offender into the National Crime Information Center Wanted Person File.
(3) 
Failure to register. In the event a sex offender who is required to register due to his or her employment or school attendance status fails to do so or otherwise violates a registration requirement of this article, the Menominee Tribal Police Department shall take all appropriate follow-up measures, including those outlined in Subsection E(2). The Menominee Tribal Police Department shall first make an effort to determine if the sex offender is actually employed or attending school in lands subject to the Tribe's jurisdiction.
F. 
Verification process. The registration verification and monitoring program is designed to ensure information contained in the registry is accurate, and to track the registrant compliance with the registry requirements.
(1) 
Upon receiving the completed METP Form 1759, the Menominee Tribal Police Department shall enter the information into the Menominee Tribal Sex Offender Registry and Notification Database.
(a) 
An automated letter shall be mailed to the reported address of the registrant requiring the sex offender to forward a confirmation receipt to the Menominee Tribal Police Department within 10 calendar days. When this occurs, the registrant record in the database shall be classified as "nonverified" until full validation of the information is complete.
(b) 
Completed and returned confirmation receipts shall be noted in the registry, and the record shall be classified as "verified."
(c) 
Confirmation receipts not received within the required time frame, or those marked "return to sender," shall generate a certified letter to the registrant, requiring the registrant to forward a confirmation receipt to the Menominee Tribal Police Department within 48 hours. The letter shall include a formal notice to the registrant that failure to respond may result in further prosecution and will constitute a violation of supervision. A copy of any certified mailing to a registrant shall be forwarded to the supervising agent.
(d) 
Completed and returned confirmation receipts of the certified mailing shall be noted in the registry, and the record shall be classified as "verified."
(e) 
Confirmation receipts of the certified mailings not received within the required time frame shall generate a notice to the Tribal Prosecutor. A copy of the notice shall be forwarded to the Menominee Tribal Police, the Tribal Probation/Parole Agent, and the Federal Probation Officer, if applicable.
(f) 
When a confirmation receipt of certified mailing is not received within the required time frame, the registry shall reflect that the current information is nonverified, and the registrant shall be classified as "noncompliant."
(2) 
Each month, the SORN Database shall randomly select 1/12 of the active registrants contained in the database.
(a) 
Upon random selection, an automated letter shall be mailed to the reported address of the registrant requiring the sex offender to forward a confirmation receipt to the Menominee Tribal Police Department within 10 calendar days. When this occurs, the registrant record in the database shall be classified as "nonverified" until full validation of the information is complete.
(b) 
Completed and returned confirmation receipts shall be noted in the registry, and the record shall be classified as "verified."
(c) 
Confirmation receipts not received within the required time frame, or those marked "return to sender," shall generate a certified letter to the registrant, requiring the registrant to forward a confirmation receipt to the Menominee Tribal Police Department within 48 hours. The letter shall include a formal notice to the registrant that failure to respond may result in further prosecution and will constitute a violation of supervision. A copy of any certified mailing to a registrant shall be forwarded to the supervising agent.
(d) 
Completed and returned confirmation receipts of the certified mailing shall be noted in the registry, and the record shall be classified as "verified."
(e) 
Confirmation receipts of the certified mailings not received within the required time frame shall generate a notice to the Tribal Prosecutor. A copy of the notice shall be forwarded to the Menominee Tribal Police, the Tribal Probation/Parole Agent, and the Federal Probation Officer, if applicable.
(f) 
When a confirmation receipt of certified mailing is not received within the required time frame, the registry shall reflect that the current information is nonverified, and the registrant shall be classified as "noncompliant."
G. 
Sharing information among agencies. The Menominee Tribal Police Department Chief of Police, or designee, is authorized to share any registration information received pursuant to this article with any law enforcement agency or sex offender registry agency.
H. 
Sex offender name changes prohibited.
(1) 
A sex offender may not do any of the following before he/she is released from the sex offender registration and notification reporting requirements.
(a) 
Change his or her name.
(b) 
Identify himself or herself by a name unless the name is one by which the person is identified with the department.
(2) 
A person who violates this section may be subject to penalties set forth in § 290-64 of this article.
I. 
Removal from registry.
(1) 
Period of registration completed. Registrants who have completed their required term of registration shall have their records made inactive in the registry. These individuals shall receive a notice of termination from their obligations to register with the Menominee Tribal Police Department.
(2) 
Record expungement. A registrant may request expungement from the court of all pertinent information in the registry on the grounds that his/her conviction, delinquency adjudication or commitment has been revised, set aside or vacated by the jurisdiction where conviction took place. The Menominee Tribal Police Department must purge all information in the registry concerning an individual when the Menominee Tribal Police Department receives the following:
(a) 
The person's written request for expungement; and
(b) 
A certified copy of the court order reversing, setting aside or vacating the conviction, delinquency adjudication or commitment, and stating the offender is no longer required to register as a sex offender.
(3) 
Death. Death of a registrant while off supervision will be verified by the Menominee Tribal Police Department by obtaining a certified copy of the death certificate. Death occurring while on supervision shall be verified through the normal policy and procedures of the Probation and Parole Department. Upon verification, records will be made inactive in the registry.
A. 
Website.
(1) 
The Menominee Tribal Police Department shall use and maintain a public sex offender registry website.
(2) 
Links. The registry website shall include links to sex offender safety and education resources.
(3) 
Instructions. The registry website shall include instructions on how a person can seek correction of information that the individual contends is erroneous.
(4) 
Warnings. The registry website shall include a warning that the information contained on the website 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 addresses and that any such action could result in civil or criminal penalties.
(5) 
Search capabilities. The registry website shall have the capability of conducting searches by name; county, city, and/or town; and zip code and/or geographic radius.
(6) 
Dru Sjodin National Sex Offender Public Website. The Tribe shall include in the design of its website 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.
B. 
Required and prohibited information.
(1) 
Required information. The following information shall be made available to the public on the sex offender registry website:
(a) 
Notice that an offender is in violation of his or her registration requirements or cannot be located if the sex offender has absconded;
(b) 
All sex offenses for which the sex offender has been convicted;
(c) 
The sex offense(s) for which the offender is currently registered;
(d) 
The address of the sex offender's employer(s);
(e) 
The name of the sex offender, including all aliases;
(f) 
A current photograph of the sex offender;
(g) 
A physical description of the sex offender;
(h) 
The residential address and, if relevant, a description of a habitual residence of the sex offender;
(i) 
All addresses of schools attended by the sex offender; and
(j) 
The sex offender's vehicle license plate number along with a description of the vehicle.
(2) 
Prohibited information. The following information shall not be available to the public on the sex offender registry website:
(a) 
Any arrest that did not result in conviction;
(b) 
The sex offender's social security number;
(c) 
Any travel and immigration documents;
(d) 
The identity of the victim; and
(e) 
Internet identifiers (as defined in 42 U.S.C. § 16911).
(3) 
Witness protection. For sex offenders who are under a witness protection program, the tribal police may honor the request of the United States Marshals Service or other agency responsible for witness protection by not including the original identity of the offender on the publicly accessible sex offender registry website.
C. 
Community notification.
(1) 
Law enforcement notification. Whenever a sex offender registers or updates his or her information with the Tribe, the Menominee Tribal Police Department shall:
(a) 
Immediately notify the FBI or other federal agency 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's residency, school attendance, or employment.
(d) 
Immediately notify National Child Protection Act agencies, which include 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.
(e) 
If the Menominee Registration and Notification Commission deems it necessary, the Commission may recommend to the Menominee Tribal Police Department, Chief of Police, that a public meeting be held. If the Chief of Police is in agreement, the Menominee Tribal Police Department, Chief of Police, shall hold a public meeting to inform the community of necessary information of a sex offender's registration or update of information.
(2) 
Community notification. The Menominee Tribal Police Department shall ensure there is an automated community notification process in place that ensures the following:
(a) 
Upon a sex offender's registration or update of information with the Tribe, the Tribe's public sex offender registry website is immediately updated.
(b) 
The Tribe's public sex offender registry has a function that enables the general public to request an e-mail notice that will notify them 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's identity so that the public can access the public registry for the new information.
D. 
Notification to law enforcement.
(1) 
Upon sentencing of a sex offender by Tribal Courts, Tribal Courts shall notify the Tribal Police Department when the sex offender is required to register.
(2) 
Tribal Courts shall provide all necessary information regarding conviction of a sex offender to the appropriate sex offender registration and notification personnel. This includes information on convictions/adjudications of juvenile sex offenders.
A. 
No waiver of immunity. Nothing under this chapter shall be construed as a waiver of sovereign immunity for the Menominee Indian Tribe of Wisconsin, its departments, agencies, employees, or agents.
B. 
Good faith. Any person acting under good faith of this article shall be immune from any civil liability arising out of such actions.
A. 
Criminal penalty. Each violation of a provision of this article by a sex offender who is an Indian shall be considered a crime and subject to a maximum period of incarceration of one year or a maximum fine of $5,000, or both. Additionally, the Court may order the offender banished from the Reservation if the Court finds the offender has failed in the past to comply with this article, has committed another crime while subject to this article, is unlikely to comply with the registration process and is a danger to the community, or if the offender has committed his/her third violation of a sex offense under this article, the Court may order lifetime banishment from the Reservation.
B. 
Civil penalty. Each violation of a provision of this article by a sex offender who is not an Indian shall be considered a civil violation subject to enforcement by any means not prohibited by federal law, including, but not limited to, the issuance of fines, forfeitures, civil contempt.
C. 
Hindrance of sex offender registration.
(1) 
A person is guilty of an offense if he or she:
(a) 
Knowingly harbors or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this article;
(b) 
Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this article; or
(c) 
Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(2) 
A person guilty of hindrance of sex offender registration shall be subject to a maximum period of incarceration of one year and a maximum fine of $5,000.
This article shall be immediately effective upon final approval of the Menominee Tribal Legislature.
A. 
If any portion of this article is found to be unconstitutional or in violation of applicable federal law, the remainder of the article shall remain in effect.
B. 
Upon final approval of this article by the Menominee Tribal Legislature, Ordinance No. 01-12, "Sex Offender Registration and Notification Program," shall be repealed in its entirety.