42.05.040 Updating Registration Information

(a) Duty of Offender to Update. All sex offenders required to register must immediately appear at the Turtle Mountain Sex Offender Registration Department in person to update any change in their name, residence (including termination of residency), employment, school attendance, vehicle information, temporary lodging, email addresses, telephone numbers, Instant Messaging addresses, and any other designation used in internet communications, postings, or telephone communications. In the event of a change in temporary lodging, the sex offender and Turtle Mountain Sex Offender Registration Department shall immediately notify the jurisdiction in which the sex offender will be temporarily staying.

(b) Duties of Turtle Mountain Sex Offender Registration Department. With regard to changes in a sex offender's registration information, the Turtle Mountain Sex Offender Registration and Notification department shall immediately notify:

(1) All jurisdictions where a sex offender intends to reside, work, or attend school,

(2) Any jurisdiction where the sex offender is either registered or required to register, and

(3) Specifically with respect to information relating to a sex offender's intent to commence residence, school, or employment outside of the United States, any jurisdiction where the sex offender is either registered or required to register, and the U.S. Marshals Service. The Turtle Mountain Sex Offender Registration and Notification department shall also ensure this information is immediately updated on the National Sex Offender Registry (NSOR) and the sex offender registry website identified in chapter 7.

42.0506 Failure to appear for registration and absconding.

(c) Failure to Appear. In the event a sex offender fails to register with the tribe as required by this code, the Turtle Mountain Sex Offender Registration department shall immediately inform the jurisdiction that provided notification that the sex offender was to commence residency, employment, or school attendance with the tribe that the sex offender failed to appear for registration, and a warrant will be issued for his/her arrest.

(d) Absconded Sex Offenders. If the Turtle Mountain Sex Offender Registration department or designee receives information that a sex offender has absconded the Turtle Mountain Sex Offender Registration department shall make an effort to determine if the sex offender has actually absconded.

(1) In the event no determination can be made, the Turtle Mountain Sex Offender Registration Department shall ensure the tribal police and any other appropriate law enforcement agency is notified.

(2) 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.

(3) If an absconded sex offender cannot be located then the Turtle Mountain Sex Offender Registration Department shall take the following steps:

(4) Update the registry/public website to reflect the sex offender has absconded or is otherwise not capable of being located,

(5) Notify the U.S. Marshals Service,

(6) Seek a warrant for the sex offender's arrest. The U.S. Marshals Service or FBI may be contacted in an attempt to obtain a federal warrant for the sex offender's arrest,

(7) Update the NCIC/NSOR to reflect the sex offender's status as an absconder, or is otherwise not capable of being located, and

(8) Enter the sex offender into the National Crime Information Center Wanted Person File.