ELKO " The Te-Moak Tribal Council adopted a sex offenderordinance in August in conjunction with the impending expiration ofthe Violence Against Women and Department of JusticeReauthorization Act of 2005.
The registration and notification ordinance, according toTe-Moak tribal Chairman Bryan Cassadore, complies with the AdamWalsh Act and gives tribal authorities the ability to monitor sexoffenders' status. It also gives them greater legal leeway inprosecuting offenders who violate tribal laws.
"The Te-Moak tribe has no prior law regarding sex offenders,"Cassadore said. "Essentially the state and federal government wouldlose jurisdiction once the sex offender crossed into Te-Moak tribaljurisdiction."
Sex offenders are required to register with the Elko CountySheriff's Office, which then refers the information to the state.However, legal authority to pursue a non-compliant offender livingon tribal land would not necessarily be empowered to county, stateor even federal law agencies.
Cassadore told the Free Press that the council wants to protectchildren and other members of the community from sexual offensesoccurring on tribal lands.
The ordinance calls for the formation of a sex offenderregistry, and offenders from Lander and Elko counties will beincluded under Te-Moak authority.
The ordinance states that both native and non-native peopleliving on tribal lands must register. It also calls for theimplementation of the Tribe and Territory Sex Offender Registry.That information site can interface with the Dru Sjodin NationalSex Offender Public Website, according to the Department ofJustice.
There will also be a Te-Moak Tribal Sex Offender Registry sitewith information on sex offender safety and education, as well asadmonishments against using the public information for purposes ofharassment, etc.
Those convicted of sexual offenses must register. These offensesinclude attempts and conspiracies to commit sex offenses, tribalcounts of indecent exposure or sexual assault, and all state andfederal offenses as defined in the respective laws. Recognizedoffenses are also those categorized under military code, foreignlaws and juvenile crimes. Juvenile offenders, however, will not belisted on public websites or registries.
The registry also classifies offenders into a three-tier systemlike the one used by state governments around the country. Eachoffense origin or circumstance is covered under a specific tier, sothe tribal government can assign its own tier categorization to theoffender. The ordinance also outlines what information is requiredfrom offenders and renewal time frames.
"The security of the Te-Moak community has been a primaryfocus," Cassadore said. "With this new law we add another layer ofprotection for Native American children ... There has been a push forthis ordinance because of the strong desire to protect the Te-MoakTribe of Western Shoshone and victims of sexual assault."
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