Apprehension, conviction, incarceration and treatment of perpetrators of sexual violence are important Indian Country responses to sexual violence. Supervision of perpetrators after they have been released from incarceration is equally important. It is in the tribe’s, the victim’s, the community’s, and the perpetrator’s best interests to ensure that all available tools are utilized to ensure that the perpetrator of sexual violence does not recidivate.
Under the Sex Offender Management tab, the reader will learn about the effectiveness of various sex offender management techniques that have been instituted by jurisdictions across the country. Included in this section are model protocols for post-release offender supervision, information on the effectiveness of different types of sex offender registration laws, resources on sex offender recidivism, and information on sex offender residency restrictions (laws which restrict where sex offenders can live such as places close to large populations of children like churches, schools, daycares, and amusement parks).
The Sex Offender Registration and Notification Act (SORNA), requires all jurisdictions to enact and follow federal sex offender registration guidelines. The Sex Offender Registration and Notification Act (SORNA) tab discusses the minimum sex offender registration requirements that the federal government requires of all jurisdictions (including tribes that opted into administering their own sex offender registration programs). Included in this tab is a discussion of how long sex offenders must remain registered under the Act, how often sex offenders must renew their registration, and the proper procedure that must be observed if a sex-offender moves to, goes to work in, or goes to school in a new jurisdiction. A discussion of criminal penalties for failing to adhere to the statute’s requirements is also included.
SORNA provides the minimum requirements that states and tribes must observe in registering and managing sex offenders. States and tribes, however, are allowed to adopt much more stringent sex offender management laws, sex offender registration laws, sex offender notification laws, and punishments for failure to adhere to the sex offender laws than SORNA requires.
There is tremendous variation between the different types of sex offender management laws that different states have adopted. In turn, the State Sex Offender Registration Laws tab contains a compilation of all of the state laws addressing the management of sex offenders. This allows access to the full text of these laws as well as charts which outline the basic sex offender management strategies of each, individual state.
Just as States are allowed to pursue different strategies in implementing SORNA, tribes that have opted into enforcing their own sex offender registration programs pursuant to SORNA are also allowed to adopt different types of sex offender management strategies in addition to the ones required by SORNA. The Tribal Sex Offender Registration Laws tab contains a compilation of tribal sex offender management laws, including tribal sex offender registration and notification laws.
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*National Tribal Trial College is a project of the Southwest Center for Law and Policy (www.swclap.org) This project is supported by Grant No. 2017-SA-AX-K001, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.