Sec. 806. Tier 1 offenses

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 806

(a) Sex Offenses. A &ldquoTier 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 &ldquoTier 2" or &ldquoTier 3" offense.  (b) Offenses Involving Minors. A &ldquoTier 1" offense also...

Sec. 805. Covered offenses

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 805

Individuals who reside within the exterior boundaries of the Reservation or otherwise reside on property owned by the Tribes in fee or trust regardless of location, are employed within the exterior boundaries of the Reservation or on property owned by the Tribes in fee or trust regardless of...

Sec. 804. Definitions

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 804

The definitions below apply to this code ordinance only.  (a) Convicted. An adult sex offender is &ldquoconvicted&rdquo for the purposes of this ordinance if the sex offender has be subjected to penal consequences based on the conviction, however the conviction may be styled.  A juvenile...

Sec. 803. Creation of registries

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 803

 Sex Offender Registry. There is hereby established a sex offender registry, which the Fort Peck Tribes shall maintain and operate pursuant to the provisions of this ordinance, as amended. The Fort Peck Tribes, in their discretion, shall maintain the registry in conjunction with the Montana...

Sec. 802. Purpose

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 802

The intent of this ordinance is to implement the federal Sex Offender Registration and Notification Act (SORNA) (Title I of Public Law 109248) and shall be interpreted liberally to comply with the terms and conditions of SORNA as presently written or hereafter amended. In addition, this ordinance...

Sec. 801. Title

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 6 Chapter 8 § 801

This ordinance shall be known as the Sex Offender and Violent Offender Registration Ordinance of the Fort Peck Tribes.

Sec. 702. Prosecution Under Title 29

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 7 § 702

In the discretion of the Tribal Prosecutor, the alleged abuser shall be prosecuted for the crime of elderly abuse. The crime of elderly abuse is a Class A misdemeanor for the first offense, and a felony for each subsequent offense. (AMENDED AS PER RESOLUTION NO. 1455-2010-12, DATED 12/13/2010.)

Sec. 701. Prosecution Under Title 7

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 7 § 701

Any person who is reported to the APT as a probable abuser as defined in Chapter 1, Section 102(a) of this Title, or any other person as to whom the Tribal prosecutor finds probable cause of such abuse, may be prosecuted and punished under any applicable section of Title 7of this Code. (AMENDED AS...

Sec. 602. Confidentiality

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 6 § 602

 The APT records shall be confidential, except that the adult who is the subject of the report shall have access to his or her file at any time, and shall be informed of such access during the initial investigation, and the Tribal Court shall have access to the case file as needed for criminal...

Sec. 601. APT Records

Statutes | Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation Comprehensive Code of Justice, Title 29 Chapter 6 § 601

The APT shall keep a separate case file for each report or abuse it receives. The file shall include a complete record of the complaint itself, the result of the investigation, any services provided, a summary of any court proceedings, and any other pertinent information.