Statutes | Law and Order Code of the Fort McDowell Yavapai Community,Arizona Chapter 25 Article V. ยง5.05 | 2020
A. Failure to Appear. In the event a sex offender fails to register with the Nation as required by this code, the Fort McDowell 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 Nation that the sex offender failed to appear for registration.
B. Absconded Sex Offenders. If the Fort McDowell Police Department or designee receives information that a sex offender has absconded, the tribal police shall make an effort to determine if the sex offender has actually absconded.
In the event no determination can be made, the tribal police or designee shall ensure other appropriate law enforcement agencies are notified.
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.
If an absconded sex offender cannot be located then the Fort McDowell Police Department shall take the following steps:
Update the registry to reflect the sex offender has absconded or is otherwise not capable of being located
Seek warrants for the sex offenders arrest, and in the case of a non-Indian, the U.S. Marshals Service or FBI shall be contacted in an attempt to obtain a federal warrant for the sex offenders arrest
Notify the U.S. Marshals Service regardless of whether the sex offender is Indian or non-Indian
Update the NSOR to reflect the sex offenders status as an absconder, or is otherwise not capable of being located
Enter the sex offender into the National Crime Information Center Wanted Person File.
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 code, the Fort McDowell Police Department or designee shall take all appropriate follow-up measures including those outlined in Section 5.05(B). The tribal police or designee shall first make an effort to determine if the sex offender is actually employed or attending school within the exterior boundaries of the Nation or on property owned by the Nation in fee or trust regardless of location.
(Ft. McD. Res. No. 2011-18, § 5.05, adopted 4-19-2011 Ft. McD. Res. No. 2011-65, § 5.05, effective 12-20-2011 Ft. McD. Res. No. 2014-67, ex. B(§ 5.05), adopted 9-16-2014)