§ 179D.480 When offender of sex offender is required to appear in person and provide certain information to local law enforcement agency; duties of Central Repository if offender or ses offender fails to comply.

Statutes | Ely Shoshone Tribe of Nevada XII Chapter 179D § 179D.480 | 2019

1. Except as otherwise provided in subsection 3, a sex offender shall appear in person at the Ely Shoshone Tribal Police Department:

(a) Not less frequently than annually, if the sex offender is a Tier I offender

(b) Not less frequently than every 180 days, if the sex offender is a Tier II offender or

(c) Not less frequently than every 90 days, if the sex offender is a Tier III offender,

 

2. Failure to Appear. In the event a sex offender fails to register with the tribe as required by this code, the Ely Shoshone 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.

 

3. Absconded Sex Offenders. If the Ely Shoshone Tribal Police Department or designee receives information that a sex offender has absconded the Ely Shoshone 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 Ely Shoshone 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 Ely Shoshone Tribal Police Department shall take the following steps:

    1) Update the registry/public website to reflect the sex offender has absconded or is otherwise not capable of being located.

    2) Notify the U.S. Marshals Services.

    3) Seek a warrant for the sex offender&rsquos arrest. The U.S. Marshals Services or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender&rsquos arrest,

    4) Update the NCIC/NSOR to reflect the sex offender&rsquos status as an absconder, or is otherwise not capable of being located, and

    5) ENTER THE SEX OFFENDER INTO THE National Crime Information Center Wanted Person File.

 

4. Failure to Register. In the event a sex offender who is required to register due to their residence, employment, or school attendance status fails to do so or otherwise violates a registration requirement of this code, the Ely Shoshone Tribal Police Department shall take all appropriate follow-up measures including those outlined in Section 179D.480(3). The Ely Shoshone Tribal Police Department shall first make an effort to determine if the sex offender is actually resides, is employed or attending school in lands subject to the tribe&rsquos jurisdiction.

 

5. An offender or sex offender is not required to comply with the provisions of subsection 1 during any period in which the offender or sex offender is incarcerated or confined.

 

6. If the Ely Shoshone Tribal Police Department receives a notice from another law enforcement agency or registration agency that a sex offender intends to relocate their residence, employment, or school attendance to the Ely Shoshone Indian Reservation, and said individual does not report to the Ely Shoshone Tribal Police Department as expected, the Ely Shoshone Tribal Police department shall immediately contact the notifying agency or officials of the offender&rsquos failure to appear.