Cherokee Nation Attorney General’s Office warns council on sex offender bill

Hummm, is it possible that the Federal Government would take control of any State registry where the State has failed to enact the Adam Walsh Act? In other words, is AWA a federal takeover of state law where sex offenders are concerned; and will it end there?

2-8-2012 Oklahoma:

TAHLEQUAH, Okla. – On Feb. 8, the Cherokee Nation Attorney General’s Office notified the Tribal Council that if it doesn’t soon pass a sex offender registration law complying with federal mandates then the tribe could lose jurisdiction to Oklahoma over such cases.

In a memo to councilors, Assistant Attorney General Chrissi Nimmo stresses the importance of passing proposed amendments to the tribe’s Sex Offender Registration statutes so they comply with the federal Sex Offender Registration and Notification Act.

“If a tribe refuses to comply or if the Department of Justice finds that a tribe has not ‘substantially complied’ with the law, both criminal and civil jurisdiction over Indian and non-Indian sex offenders living, working, or going to school on Indian Country reverts to the state in which the tribe is located,” she states.

Nimmo states that in 2006 Congress passed the Sex Offender Registration and Notification Act, also known as the Adam Walsh Act, which required tribes to register and track both Indian and non-Indian sex offenders.

The law initially gave tribes until July 27, 2009, to comply with the act. Congress granted an extension until July 27, 2010, for all tribes to come into compliance. The CN then asked for and received an extension for July 27, 2011.

“The latest deadline was the final deadline. Cherokee Nation submitted our package to the Department of Justice on May 25, 2011 in order for the Department of Justice to determine if we had reached substantial compliance,” Nimmo states. “The Department of Justice responded on December 12, 2011 with the changes that Cherokee Nation needed to make in order to be found to be in substantial compliance with the federal law. All suggested changes have been made except the updated legislation.”

Nimmo states the tribe has not received a deadline for the changes requested by the Justice Department, but also did not receive a formal extension by Congress or the DOJ. She adds that a decision could be made at any time that the CN has not complied with federal law, resulting in a loss of civil and criminal jurisdiction of both Indian and non-Indian sex offenders in Indian Country.

“It is imperative that we pass the proposed legislation as soon as possible in order to avoid the risk of loss of jurisdiction, which equates to a partial loss of sovereignty,” Nimmo states.

The tribe’s sex offender bill appeared on the Jan. 26 Rules Committee agenda but was tabled because some councilors thought there was not enough information to make a decision.

“One of the reasons is, based on conversations with other councilors outside of the meeting, was that we didn’t think we had enough information explaining the changes, and of course, the memo from the U.S. Department of Justice had not been presented to us,” Hoskin said.

He said another reason for tabling was because the tribe’s existing law did not clearly indicate that children between the ages of 16 and 18 were protected against certain sexual crimes. He said other changes that needed to be made were technical.

Hoskin said it’s not unusual for legislation to be tabled so it can be studied more and that he’s confident the Sex Offender Registration Act would pass at the Feb. 23 Rules Committee meeting. He also said he doesn’t believe the tribe is any real danger of losing jurisdiction.

“If the U.S. Department of Justice believes that the Cherokee Nation is not in substantial compliance, there could be a fine, but more significantly the jurisdiction over certain criminal matters could be shifted away from us,” Hoskin said. “We certainly don’t want that to happen. Although I don’t think we are in danger of that because I don’t think anybody thinks we’re not going to pass this. We just needed some time to study it and I have no doubt that the U.S.
Department of Justice expects that. They certainly took their time to study the law that we had in the books, so I’m sure they understand it takes us a little time to review their recommendations.”

The legislation calls for the registration of sex offenders living inside the CN jurisdiction with complete and accurate information and maintaining a list. ..Source.. by TESINA JACKSON