Statutes | Law and Order Code of the Fort McDowell Yavapai Community,Arizona Chapter 25 Article V. ยง5.03 | 2020
A. Retroactive Registration. The Fort McDowell Police Department or designee shall have in place policies and procedures to ensure the following three (3) categories of sex offenders are subject to the registration and updating requirements of this code:
1. Sex offenders incarcerated or under supervision of the Nation, whether for a covered sex offense or other crime
Sex offenders already registered or subject to a pre-existing sex offender registration requirement under the Nations laws and
Sex offenders reentering the justice system due to conviction for any crime.
B. Timing of Recapture. The Fort McDowell Police Department or designee shall ensure recapture of the sex offenders mentioned in Section 5.03(A) within the following timeframe to be calculated from the date of passage of this code:
1. For Tier 1 sex offenders, one (1) year
For Tier 2 sex offenders, one hundred eighty (180) days and
For Tier 3 sex offenders, ninety (90) days.
Recapture of Verified Sexual Offense Convictions. All sex offenders with verified convictions for sexual offenses in any jurisdiction at any time that are not otherwise recaptured under Subsection A of this Section, may be recaptured at any time and immediately subject the sex offender to appropriate registration requirements pursuant to this Code. In order to apply, the following shall occur:
A certified copy of the sex offense conviction shall be obtained from the issuing court.
The Fort McDowell Police Department or designee shall determine the appropriate Tier Level for the verified sexual offense conviction.
The sex offender shall be notified in writing of the determination of applicability of the Sex Offender Code provisions, the Tier level designation, the time and place to appear for an initial sexual offender registration, and shall be provided notice of the right to file a Notice of Appeal of the decision of the tribal police to the Nations tribal court within a ten (10) calendar day period from the date of receipt of the notice.
If the sexual offender fails to file a timely Notice of Appeal and fails to appear at the initial registration, the Nation may file a criminal charge or may pursue civil relief as provided in Article 8 herein.
(Ft. McD. Res. No. 2011-18, § 5.03, adopted 4-19-2011 Ft. McD. Res. No. 2011-65, § 5.03, effective 12-20-2011 Ft. McD. Res. No. 2014-67, ex. B(§ 5.03), adopted 9-16-2014)