Statutes | WOTCL Title IX Chapter 8 ยง 9.807 | 2020

A. A sex offender may have their period of registration reduced as follows:
     1. A Tier I offender may have their period of registration and verification reduced by five (5) years if they have maintained a clean record for ten (10) consecutive years.
     2. A Tier III offender may have their period of registration and verification reduced to twenty-five (25) years if they were adjudicated delinquent of an offense as a juvenile which required Tier 3 registration and they have maintained a clean record for twentyfive (25) consecutive years.
B. A person has a clean record if:
     1. They have not been convicted of any offense for which a maximum sentence of imprisonment for one (1) year or more may be imposed.
     2. They have not been convicted of any sex offense.
     3. They have successfully completed, without revocation, any period of supervised release, probation, or parole.
     4. They have successfully completed an appropriate sex offender treatment program certified by the Tribal Court or by the United States Attorney General.
C. Petition to Tribal Court. Any person, who meets the requirement of section A and B, who is required to register as a sex offender may petition the Tribal Court for a show cause hearing to determine if a reduction in term of registration may be granted. In the petition, the petitioner shall provide clear and convincing evidence that the petitioner is not a risk to commit a new violation for any violent crime or any crime related to the requirements of registration as a sex offender based upon:
D. The Tribal Court may grant a hearing if it finds that the petition is sufficient and the person meets the eligibility requirements.
E. The Tribal Court may exempt the petitioner from the registration requirement only after a hearing on the petition in open court. The Tribal Court shall base its decision only upon a finding by clear and convincing evidence that the petitioner meets the reduction requirements as set forth in this Section.
(Source: WOS 2012-008, August 5, 2012, Section VII)