Keweenaw Bay Indian Community

FAQs:

• I cannot find a sex offender that should be on your Website. What should I do?
 
• If you think that a person should be registered as a sex offender and you cannot find them on our Website, you should contact the KBIC Tribal Police at (906) 353-6626, and ask to speak to the Implementation Coordinator or a Sex Offender Registration Officer. The KBIC’s sex offender registration requirements apply to all convicted sex offenders who live, work, or go to school on the reservation and those who work for businesses owned by the KBIC. KBIC’s sex offender registration requirements apply to both tribal members and non-tribal members. To find additional contact information for those officials, copy and paste the following link into your browser, http://www.nsopw.gov/Core/PublicRegistrySites.aspx.
 
• There is a mistake in the listed information about a particular sex offender contained on your Website. What should I do?
 
• The sex offender registration information that you see on the KBIC website was retrieved from the individual and other Jurisdiction(s) where a sex offender is registered. To correct any errors in registration information, please contact the Tribal Police at (906) 353-6626, and ask to speak to the Implementation Coordinator or a Sex Offender Registration Officer.
 
• There is a sex offender who is registered in more than one Jurisdiction. Why is that?
 
• Sex offenders are subject to the registration laws of the Jurisdictions where they work, live, attend school, or where convicted. Each Jurisdiction’s registration requirements might be different. Some Jurisdictions require a sex offender’s registration information to remain on their public registry Website even after they have relocated to another Jurisdiction.
 
• I want to find out more information about a sex offender who is listed on your Website. What should I do?
 
• To find additional information about a particular sex offender, you can try contacting the registry officials in the Jurisdiction where that offender is registered. Many times, registry officials will not be able to disclose any additional information about an offender but might be able to direct you to resources or offices within their Jurisdiction where you could find that information.
 
• If a sex offender is deceased, will he or she still appear on your Website?
 
• Each Jurisdiction’s registration requirements might be different. Some, but not all, Jurisdictions require sex offender registration information to remain on their public registry Website even after they have died.
 
• I have searched for a sex offender but cannot find a match. What should I do?
 
• Make sure that you have spelled the offender’s last name correctly. If you are unsure of the spelling of their first name, you may use a first initial in the search box. If this does not work and you think that the person should be registered as a sex offender, you should contact the Tribal Police or the Substantial Implementation Coordinator at (906) 353-6626.
 
• Is there a single national database of all registered sex offenders from the registry Jurisdictions that participate with the National Sex Offender Public Website (“NSOPW”)?
 
• You can search the NSOPW itself. The NSOPW can be found on the internet at www.nsopw.gov. However, NSOPW primarily uses Web services to search the individual databases of the Jurisdictions in real time when a search is conducted. This method ensures that NSOPW is returning the most current information. The NSOPW is not a database of all registered sex offenders.
 
• Why do I have to enter an alphanumeric code before I can perform a search?
 
• The program that generates and authorizes the alphanumeric code is called a CAPTCHA, which stands for “Completely Automated Public Turing test to tell Computers and Humans Apart.” The CAPTCHA is used to protect the availability of the Website and to preserve the integrity of the information available through the site.
 
• Does the KBIC website offer a Web service or an application programming interface (API) so searches can be done programmatically?
 
• No, the browser interface is the only way to search for sex offenders on the KBIC website.
 
• Does KBIC provide sex offender information via the Internet?
 
• Yes. Convicted sex offenders who qualify under Chapter 3.20 of the Tribal Code, are listed on the Keweenaw Bay Indian Community National Sex Offender Public Website (‘kbic-nsopw”). The Internet address is http://kbic-nsopw.gov.
 
• How much information about offenders is provided to the public?
 
• The Public Sex Offender Registry site includes an offender's register-able offense, his/her photo (when available), a physical description, the offender's last reported address, whether the offender is attending school and/or employed and any aliases. This information can be printed from the web page.
 
• How do I sign up to receive an email notification when a sex offender moves into my neighborhood?
 
• Access the Public Sex Offender Registry site. Go to the "Community Notifications" page. Fill out the form on the left hand side of the screen. Select the search type, either so many miles from your registered address or within your zip code. Read the Agreement Terms and Click on the box stating you agree to the terms. Then Click the button on the bottom of the page, "Register".
 
• How do I deactivate my email notification account?
 
• To deactivate your account, go to the "Community Notifications" screen and enter your email into the box on the right hand side of the screen under the heading “Remove Community Notification Registration”. Click the button on the bottom of the right hand side of the screen that says “Remove”. A notification stating your account has been deactivated will be sent to the email provided.
 
• There is a sex offender that moved into my zip code but I was not notified. Can you tell me why?
 
• When an offender has to register with the Tribe is controlled by section 3.2031 of the Tribal Code, which is provided below. Generally sex offenders have three (3) days to register and it may take an additional three (3) days for the information to be entered into the website. Also, your community notification may not be complete. Check to make sure your email alert account is correct and that your information is complete and accurate. §3.2031 Timing of Registration. A. Timing. A sex offender required to register with the tribe under this code shall do so within the following timeframes: 1. If convicted by the Tribal Court for a covered sex offense and incarcerated, the sex offender must register before being released from incarceration; 2. If convicted by the Tribal Court but not incarcerated, within 3 business days of sentencing for the registration offense; or 3. Within 3 business days of establishing a residence, commencing employment, or becoming a student on lands within the territorial jurisdiction of the Tribal Court, a sex offender must appear in person to register with the Tribal Police. 4. Failure to register as a convicted sex offender with the Tribal Police within the required time period is a violation of the sex offender’s obligations under this Chapter and shall be punished pursuant to the criminal and civil sanctions at §3.2039. B. Duties of the Tribal Police. The Tribal Police shall have policies and procedures in place to ensure the following: 1. That any sex offender incarcerated or sentenced by the tribe for a covered sex offense completes their initial registration with the tribe, 2. That the sex offender reads, or has read to them, and signs a form stating that the duty to register has been explained to them and that the sex offender understands the registration requirement, 3. That the sex offender is registered, and 4. That upon entry of the sex offender’s information into the registry and website, that information is immediately forwarded to all other jurisdictions in which the sex offender is required to register due to the sex offender’s residency, employment, or student status by direct entry into NCIC or reporting to an agency with NCIC access.
 
• Can I download the entire list of sex offenders and their information from the Internet?
 
• The entire list of registered sex offenders and the corresponding information is not available for download at this time. You can, however, print each page you access.
 
• Can the offender's victim information be released?
 
• No. Information regarding victims of sexual assault is protected by federal from public dissemination.
 
• I know of someone who was convicted of a sex crime, but his/her name is not on the list. Why not?
 
• There are several reasons a sex offender may not be on the Public Sex Offender Registry, including: o The offender is an adjudicated juvenile. o The offender is deceased. o The offender's conviction was not a listed offense requiring registration. o The offender's conviction date was prior to October 1, 1995, and the offender was no longer involved with the criminal justice system for that offense at that time. If you believe a sex offender is living, working, or going to school on the L’Anse reservation or KBIC trust lands, or working for a business owned by KBIC, or will be temporarily staying on the L’Anse reservation or KBIC trust lands for seven (7) or more days, and that person is not listed on the Public Sex Offender Registry, please contact the Tribal Police at (906) 353-6626.
 
• Who has to register as a sexual offender with the Keweenaw Bay Indian Community?
 
• A. Anyone who resides, works, or is a student on the L’Anse reservation, Marquette trust lands or property owned by KBIC. B. Anyone who works for a business owned by KBIC regardless of the location where he or she works. C. Anyone who will be traveling and staying on the L’Anse reservation, Marquette trust lands, or land owned by KBIC for seven (7) days or more. D. Anyone convicted of the following KBIC criminal offenses: • Criminal Sexual Conduct in the First and Second Degrees, §3.1902 of the Tribal Code. • Assault with intent to commit Criminal Sexual Conduct in the First Degree, §3.1903 of the Tribal Code. • Assault with intent to commit Criminal Sexual Conduct in the Second Degree, §3.1904 of the Tribal Code. • Sexual Exploitation of Minors, §3.1905 of the Tribal Code. E. Anyone convicted of any of the following federal offenses: • 18 U.S.C. §1591 (sex trafficking of children), • 18 U.S.C. §1801 (video voyeurism of a minor), • 18 U.S.C. §2241 (aggravated sexual abuse), • 18 U.S.C. §2242 (sexual abuse), • 18 U.S.C. §2243 (sexual abuse of a minor or ward), • 18 U.S.C. §2244 (abusive sexual contact), • 18 U.S.C. §2245 (offenses resulting in death), • 18 U.S.C. §2251 (sexual exploitation of children), • 18 U.S.C. §2251A (selling or buying of children), • 18 U.S.C. §2252 (material involving the sexual exploitation of a minor), • 18 U.S.C. §2252A (material containing child pornography), • 18 U.S.C. §2252B (misleading domain names on the internet), • 18 U.S.C. §2252C (misleading words or digital images on the internet), • 18 U.S.C. §2260 (production of sexually explicit depictions of a minor for import into the U.S.), • 18 U.S.C. §2421 (transportation of a minor for illegal sexual activity), • 18 U.S.C. §2422 (coercion and enticement of a minor for illegal sexual activity), • 18 U.S.C. §2423 (Mann Act), (Transportation of Minors for Illegal Sexual Activity, Travel With the Intent to Engage in Illicit Sexual Conduct with a Minor, Engaging in Illicit Sexual Conduct in Foreign Places) • 18 U.S.C. §2424 (failure to file factual statement about an alien individual), • 18 U.S.C. §2425 (transmitting information about a minor to further criminal sexual conduct). F. Anyone who is required to register or otherwise be identified as a sex or child offender or predator under a comparable statute from another tribe, state or the federal government.
 
• How long must offenders remain registered as sex offenders?
 
• The length of time an offender must remain registered depends on the crime for which he or she was convicted and the registration requirements of the jurisdiction where the offender was convicted. Sex offender registration periods are for 15 years, 25 years and lifetime.
 
• How often must offenders verify their address?
 
• An offender has to report and update his or her information, including his or her address every 90 days (if he/she is a lifetime registrant), every 180 days (if he/she must register for 25 years) or once a year (if he/she must register for 15 years). The Tribal Code requires all sex offenders to immediately update any changes to their address with the Tribal Police. §3.2033(A)(1) of the Tribal Code.
 
• What happens when an offender moves to another reservation or state?
 
• Offenders who move to another reservation or state are required to report to the Tribal Police 21 days prior to moving to provide their new address. The Tribal Police will notify the new jurisdiction that the sex offender is moving to and the sex offender must report to the appropriate authority in the new jurisdiction to register as a sex offender. Once on the new reservation or in the new state, they must comply with the registry requirements of that jurisdiction.
 
• Who should I contact if I know of an error on the web site?
 
• If you are aware of an error regarding an offender's information on the Web site, you may either submit an email through the “Contact Us” page or call the Tribal Police and ask to speak to the Implementation Coordinator or a Sex Offender Registration Officer.
 
• Who should I contact if I think an offender is in violation of the Sex Offenders Registration Chapter?
 
• If you think an offender has violated a provision of the Tribal Code Sex Offender Registration Chapter, contact the Tribal Police to file a complaint.
 
• Are there web sites similar to the KBIC Public Sex Offender Registry where I can access information regarding registered sex offenders on other reservations or in other states?
 
• Yes. Some Indian tribes and some states have Internet sites listing registered sex offenders within their jurisdictions. A list of web sites by state can be found at: http://www.fbi.gov/hq/cid/cac/states.htm . In addition, the U.S. Department of Justice established the National Sex Offender Public Registry web site at www.nsopr.gov . This site allows citizens to search the sex offender registries of participating jurisdictions.
 
• How can I remove my name from the Public Sex Offender Registry?
 
• Some sex offenders convicted in Tribal Court may be eligible for a reduction in their registration period. This process is governed by section 3.2023 of the Tribal Code, provided below and requires a Court Order from the Tribal Court. §3.2028 Frequency, Duration, and Reduction of Registration A. Frequency. A sex offender who is required to register shall, at a minimum, appear in person at the Tribal Police for purposes of verification and keeping their registration current in accordance with the following time frames: 1. For “Tier 1” offenders, once a year for 15 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. 2. For “Tier 2” offenders, once every 180 days for 25 years from the time of release from custody for a sex offender who is incarcerated for the registration offense or from the date of sentencing for a sex offender who is not incarcerated for the registration offense. 3. For “Tier 3” offenders, once every 90 days for the rest of their lives from the date of sentencing. For incarcerated offenders, the Tribal Police shall contact the correctional facility where he or she is housed and verify the offender’s information and location. B. Reduction of Registration Periods. A sex offender may have his or her period of registration reduced as follows: 1. A Tier 1 offender may have his or her period of registration reduced to 10 years if he or she has maintained a clean record for 10 consecutive years; 2. A Tier 3 offender may have his or her period of registration reduced to 25 years if he or she was adjudicated delinquent of an offense as a juvenile that required Tier 3 registration and he or she has maintained a clean record for 25 consecutive years. C. Clean Record. For purposes of §3.2028(B) a person has a clean record if: 1. He or she has not been convicted of any offense, for which imprisonment for 6 months or more may be imposed, 2. He or she has not been convicted of any other sex offenses, 3. He or she has successfully completed, without revocation, any period of supervised release, probation, or parole, and 4. He or she has successfully completed an appropriate sex offender treatment program certified by the tribe, another jurisdiction, or by the Attorney General of the United States.
 
• How do I sign up to receive e-mail notifications when a sex offender registers a new address that is near me?
 
• To register for e-mail notifications, first go to the “Community Notifications” tab. Next, enter your e-mail address and the appropriate information about the address in the Register for Community Notifications section of the page. Next, select whether you would like to be notified about sex offender addresses within a 1-, 2-, or 3-mile radius of your address or within the same zip code. Next, check the “I Agree” box to agree to the terms and conditions of the community notification system. Next, click the “Register” button. You should then receive a validation e-mail message that requires you to click the link in the message to complete your registration.
 
• How do I search for sex offenders who are registered by different registration jurisdictions?
 
• The Dru Sjodin National Sex Offender Public Website (NSOPW) provides the ability to search for registered sex offenders nationwide. To access the Website, go to www.nsopw.gov.
 
• How do I search for a particular registered sex offender if I do not know how to spell his or her name?
 
• The Name Search feature of the Website uses “begins with” search logic that returns all registered sex offenders with a first and/or last name or an alias that begins with the criteria you are searching. For example, if you conduct a search for first name “Jo” and last name “Sm”, the search results will include registered sex offenders that have the first name John, Jordan, Joseph, etc. with a last name like Smith, Smalls, Smart, etc. To ensure that you get the most accurate results, conduct a name search with the first two or three letters in the first and/or last name and then narrow your search by adding more letters if the search results are too numerous.
 
• How do I search for registered sex offenders who live, work, or attend school near an address of interest to me?
 
• This Website provides you with a way to search for registered sex offenders by a geographic radius around a particular address, by city, by zip code, and by county. To perform one of these searches, go to the “Geographical Search” tab, enter the information that is appropriate for the type of search you want to perform, select the search type, and click the “Search” button.
 
• How do I contact the registry if I have a question or if I have information that may be helpful?
 
• The registry staff can be contacted two different ways. The first is to click the “Contact Us” tab, fill out the form, and click the “Submit” button. The second is to click the “Submit a Tip” link while viewing a registered sex offender’s details. When a tip is submitted, information about the offender will automatically be included in the message so the registry staff knows which offender corresponds with the tip.