Survey on Tribal Implementation of the Sex Offender Registration and Notification Act

U.S. Government Accountability Office

Background

  • In this questionnaire, we use the word Tribe to refer to any federally-recognized Indian Tribe.
• A Tribe's territory refers to any land held by a Tribe in fee or trust, all land within the limits of an Indian reservation, dependent Indian communities, Indian allotments, any land held in trust by the United States for an Indian Tribe, and any other land over which a Tribe has civil regulatory jurisdiction.
• We use state to refer to the state or states in which a Tribe has territory.
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1.  Within which state(s) does your Tribe have territory?
(Check all that apply.)
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2.  Which option(s) describes the entity responsible for the law enforcement services on your Tribe's territory?
(Check all that apply.)
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  If you answered "Other" above, please describe the entity responsible for law enforcement in the box below.
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  2a. How many full and part time employees (sworn officers and civilians) does your Tribal police department have?
Enter numeric digits for each category; enter "0" if no employees in a category.
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Number of employees
Check here if you don't know
  a. Number of Full time sworn officers
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  b. Number of Part time sworn officers
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  c. Number of Full time civilian (i.e., not sworn) employees
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  d. Number of Part time civilian (i.e., not sworn) employees
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  2b. What was the information source(s) for the number of employees reported above?
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Sex Offender Registration

3.  How many sex offenders are currently registered as living, working, or attending school on your Tribe's territory?
Enter numeric digits; enter "0" if no sex offenders.
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Total number of registered sex offenders
Check here if you don't know
   
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4.  Of the sex offenders currently registered on your Tribe's territory, how many are enrolled members or citizens of your Tribe, how many are enrolled members or citizens of other Tribes, and how many are non-Indians who are not enrolled members or citizens?
Enter numeric digits for each category; enter "0" if no sex offenders in a category.
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Number of registered sex offenders
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  a. Enrolled members or citizens of your Tribe
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  b. Enrolled members or citizens of another Tribe
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  c. Non-Indians who are not enrolled members or citizens of your Tribe
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5.  How many of the sex offenders currently registered as living, working, or attending school on your Tribe's territory were convicted of committing a sex offense against a minor?
Enter numeric digits; enter "0" if no sex offenders.
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Total number of registered sex offenders
Check here if you don't know
   
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6.  Of the sex offenders currently registered on your Tribe's territory convicted of committing a sex offense against a minor, how many are enrolled members or citizens of your Tribe, how many are enrolled members or citizens of other Tribes, and how many are non-Indians who are not enrolled members or citizens?
Enter numeric digits for each category; enter "0" if no sex offenders in a category.
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Number of registered sex offenders
Check here if you don't know
  a. Enrolled members or citizens of your Tribe convicted of offense against minor
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  b. Enrolled members or citizens of another Tribe convicted of offense against minor
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  c. Non-Indians who are not enrolled members or citizens of your Tribe convicted of offense against minor
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7.  What was the information source(s) for the numbers of registered sex offenders reported above?
(Check all that apply.)
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  If you answered "Other" above, please specify the information source.
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8.  Prior to the enactment of SORNA in 2006, did your Tribe have a sex offender registration and notification system in place?
(Check one.)
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  Please describe the primary differences, if any, between SORNA requirements for registration and notification and the requirements your Tribe previously had in place.
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SMART Office Evaluation of Tribe's Implementation of SORNA

9.  The Department of Justice's (DOJ) Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART Office) is responsible for, among other things, administering the standards for SORNA, which includes reviewing and advising the efforts of covered jurisdictions to implement the requirements of the law.

Has your Tribe submitted an implementation package to the SMART Office for review?
(Check one.)
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  Please explain why your Tribe has not submitted a package in the box below.
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  C. When does your Tribe expect to submit or resubmit a complete implementation package to the SMART Office for review?
(Check one.)
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  A. How long did it take for your Tribe to prepare its substantial implementation package and submit it to the SMART Office?
Enter numeric digits for years and months as needed; enter "0" in Years and appropriate number in Months if time was less than a year.
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Years
Months
   
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  B. What is the current status of the SMART Office's review of your Tribe's implementation package?
(Check one.)
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  C. When does your Tribe expect to submit or resubmit a complete implementation package to the SMART Office for review?
(Check one.)
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10.  The SMART Office has issued guidance, including its Substantial Implementation Checklist, stipulating the documents that Tribes must include in their packages to demonstrate that they have substantially implemented SORNA.

In your opinion, how useful, if at all, are the following documents for helping your Tribe to understand SMART Office requirements for substantial implementation?
(Check one per row.)
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Very useful
Moderately useful
Slightly useful
Not at all useful
Don't know
Not applicable
  a. Substantial Implementation Checklist
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  b. Model Tribal Sex Offender Registration and Notification Code
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  c. Sex Offender Policies and Procedures Guide
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  d. Sex offender registration and notification forms (i.e., sex offender acknowledgement form)
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  If you answered "Slightly useful" or "Not at all useful" to any of the above, please describe why the guidance was not useful and provide suggestions, if any, for improving the usefulness of the guidance.
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11.  In your opinion, how clear, if at all, are the requirements that the SMART Office states Tribes must meet for the office to determine the Tribe has substantially implemented SORNA?
(Check one.)
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12.  How responsive, if at all, has the SMART Office been to your questions regarding substantial implementation requirements?
(Check one.)
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13.  If you would like to comment further on any of your answers in this section of the questionnaire on the SMART Office's evaluation of SORNA implementation, please do so in the space below.
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Tribe and Territory Sex Offender Registry System (TTSORS)

14.  Does your Tribe use the Tribe and Territory Sex Offender Registry System (TTSORS)?
(Check one.)
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  Why doesn't your Tribe use TTSORS?
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  A. How easy or difficult is it for your Tribe to use TTSORS to register sex offenders?
(Check one.)
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  B. Please explain why TTSORS is easy or difficult to use.
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Challenges to Implementing SORNA

15.  Listed in the table below are factors that may or may not have affected your Tribe's ability to substantially implement SORNA. For each of the factors, please indicate whether or not it applies to your Tribe, and if so, the extent to which it has been a challenge, if at all, to your Tribe's efforts to substantially implement SORNA.
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Factor
Is this factor applicable to your Tribe?
IF YES: To what extent has this factor been a challenge to your Tribe's SORNA implementation efforts?
  a. Tribe has territory in a state that has not or does not plan to substantially implement SORNA
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  b. Tribe has territory in more than one state
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  c. Tribe has territory beyond the U.S. border
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  d. Tribe disagrees with certain SORNA provisions
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  e. Tribe has not had sufficient time to implement SORNA
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Factor
Is this factor applicable to your Tribe?

IF YES: To what extent has this factor been a challenge to your Tribe's SORNA implementation efforts?
  f. Tribe has had difficulty developing or updating the Tribal Code and/or Tribal Policies and Procedures Manual to comply with SORNA
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  g. Tribe has had difficulty reconciling SORNA requirements with previous Tribal sex offender registration and notification system
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  h. State or local partners do not consistently share information about registered sex offenders with the Tribe, or the information shared is limited
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  i. Federal partners do not consistently share information about registered sex offenders with the Tribe, or the information shared is limited
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  j. State prisons do not notify the Tribe when they release sex offenders to the Tribe's territory
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Factor
Is this factor applicable to your Tribe?
IF YES: To what extent has this factor been a challenge to your Tribe's SORNA implementation efforts?
  k. Federal prisons do not notify the Tribe when they release sex offenders to the Tribe's territory
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  l. Tribe cannot query the National Crime Information Center (NCIC) or the National Sex Offender Registry (NSOR) for sex offender-related information
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  m. Tribe cannot submit sex offender-related information to NCIC or NSOR
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  n. Tribe has had difficulty covering the costs associated with implementing SORNA
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  o. Tribe has insufficient staff to implement SORNA or maintain the Tribe's sex offender registry
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Is this factor applicable to your Tribe?
IF YES: To what extent has this factor been a challenge to your Tribe's SORNA implementation efforts?
  p. Tribe does not think the SMART Office guidance is useful

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  q. Tribe does not think the SMART Office requirements for substantial implementation are clear
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  r. Tribe had to revise its substantial implementation package in response to SMART Office changes to substantial implementation requirements
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  s. Tribe had to revise its substantial implementation package in response to SMART Office changes to the documentation Tribes must include in their packages
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  t. Other factor (specify below)
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  If other factors affected your ability to substantially implement SORNA, please describe.
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16.  For each major or minor challenge identified above, please describe how it affected your Tribe's ability to implement SORNA.
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17.  For each major or minor challenge identified above, what, if anything, could DOJ, the SMART Office, or BIA do to address it?
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18.  For each major or minor challenge identified above, what, if anything, is your Tribe doing (or did your Tribe do) to address it?
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19.  If you would like to comment further on any of your answers in this section of the questionnaire on challenges with SORNA implementation, please do so in the space below.
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Effects of SORNA Implementation

20.  How much of a change, if any, has your Tribe observed with regard to information sharing with local, state, or federal law enforcement agencies since the enactment of SORNA in 2006 ?
(Check one per row.)
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Greatly increased
Somewhat increased
Stayed about the same
Somewhat decreased
Greatly decreased
Don't know
  a. Information sharing between the Tribe and state law enforcement
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  b. Information sharing between the Tribe and local law enforcement
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  c. Information sharing between the Tribe and BIA law enforcement
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  d. Information sharing between the Tribe and the Federal Bureau of Investigation (FBI)
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  e. Information sharing between the Tribe and the U.S. Marshals Service
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  f. Information sharing between the Tribe and the U.S. Attorney's Office
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21.  Please elaborate on how, if at all, the enactment of SORNA has changed information sharing with local, state, or federal law enforcement agencies.
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22.  What other positive or negative changes, if any, have you observed or expect to observe from implementing SORNA on your Tribe's territory? (This could include changes in law enforcement resources, monitoring and registering sex offenders, etc.)
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Federal, State, and Local Assistance to Implement SORNA

23.  Has your Tribe received any assistance, other than funding, from the SMART Office to help implement SORNA?
(Check one.)
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  A. What type(s) of assistance, other than funding, did your Tribe receive from the SMART Office to help implement SORNA?
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  B. How useful, if at all, has this assistance from the SMART Office been to your Tribe's efforts to implement SORNA?
(Check one.)
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24.  What, if any, additional assistance would you like to receive from the SMART Office to help implement SORNA?
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25.  Has your Tribe received any assistance, other than funding, from BIA to help implement SORNA?
(Check one.)
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  A. What type(s) of assistance, other than funding, did your Tribe receive from BIA to help implement SORNA?
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  B. How useful, if at all, has this assistance from BIA been to your Tribe's efforts to implement SORNA?
(Check one.)
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26.  What, if any, additional assistance would you like to receive from BIA to help implement SORNA?
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27.  Has your Tribe received any assistance, funding or otherwise, from the U.S. Marshals Service to help implement and enforce SORNA (e.g., to investigate failure to register cases)?
(Check one.)
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  A. What type(s) of assistance, funding or otherwise, did your Tribe receive from the U.S. Marshals Service to help implement SORNA?
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  B. How useful, if at all, has this assistance from the U.S. Marshals Service been to your Tribe's efforts to implement SORNA?
(Check one.)
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28.  What, if any, additional assistance would you like to receive from the U.S. Marshals Service to help implement and enforce SORNA?
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29.  Has your Tribe received any assistance, funding or otherwise, from a state or local law enforcement agency to help implement SORNA?
(Check one.)
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  A. What type(s) of assistance, funding or otherwise, did your Tribe receive from a state or local law enforcement agency to help implement SORNA?
(View responses)
 
  B. How useful, if at all, has this assistance from a state or local law enforcement agency been to your Tribe's efforts to implement SORNA?
(Check one.)
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30.  Does your Tribe have an agreement with a state or local law enforcement agency regarding how, if at all, that agency will assist your Tribe with implementing SORNA?
(Check one.)
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  Please provide the name of each state or local law enforcement agency with which your Tribe has an agreement, as well as the contact information - preferably name, email address, and phone number, if available - for a representative from the agency.
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31.  What, if any, additional assistance would you like to receive from a state or local law enforcement agency to help implement SORNA?
(View responses)
 

Tribal Access to the National Crime Information Center (NCIC) and the National Sex offender Registry (NSOR)

32.  To implement SORNA, jurisdictions need to submit information on sex offenders to the National Sex Offender Registry (NSOR), which is a subfile of the National Crime Information Center (NCIC). NSOR, unlike the national sex offender public website, is generally available only to law enforcement agencies and is maintained by the FBI. The questions in this survey section ask about whether your Tribe can query and submit sex offender-related information to NSOR and how your Tribe queries and submits information, in general, to NCIC. We are particularly interested in whether your Tribe has direct access to NCIC or indirect access, in which case the Tribe must rely on the assistance of another law enforcement agency.

Does your Tribe, either on its own or with the assistance of another law enforcement agency, query or search the National Sex Offender Registry (NSOR) for sex offender information?
(Check one.)
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  A. Why does your Tribe not query, or search, NSOR for sex offender information?
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  B. How, if at all, has not querying, or searching, NSOR for sex offender information affected your Tribe's ability to implement SORNA?
(View responses)
 
33.  Does your Tribe, either on its own or with the assistance of another law enforcement agency, submit information about sex offenders who are registered with your Tribe to the National Sex Offender Registry (NSOR)?
(Check one.)
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  A. Why does your Tribe not submit sex offender information to NSOR?
(View responses)
 
  B. How, if at all, has not submitting sex offender information to NSOR affected your Tribe's ability to implement SORNA?
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34.  Law enforcement agencies may search the National Crime Information Center (NCIC) to determine if a particular individual has a criminal history, such as whether the individual was convicted of committing a crime, or if the individual is missing, wanted, or has a warrant out for his or her arrest. In addition, agencies may search NCIC for information on stolen property.


Can your Tribe currently query, or search, the National Crime Information Center (NCIC) without the assistance of federal, state, local, or other Tribal law enforcement agencies?
(Check one.)
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  A. How does your Tribe currently query, or search, NCIC?
(Check one.)
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  What other way does your Tribe query, or search, NCIC?
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  B. Does another law enforcement agency currently query, or search, NCIC on behalf of your Tribe?
(Check one.)
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  What other law enforcement agency queries NCIC on behalf of your Tribe?
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  C. Which of the following are reasons why your Tribe cannot query NCIC without the assistance of federal, state, local, or Tribal law enforcement agencies?
(Check all that apply.)
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  Please identify the specific FBI requirements your Tribe does not meet.
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  What are other reasons your Tribe cannot query NCIC?
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  D. How, if at all, has your Tribe's inability to query NCIC without the assistance of federal, state, local, or other Tribal agencies affected your Tribe's ability to implement and enforce SORNA?
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35.  Can your Tribe currently submit information to NCIC without the assistance of federal, state, local or other Tribal law enforcement agencies?
(Check one.)
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  A. How does your Tribe currently submit information to NCIC?
(Check one.)
(View responses)
 
  What other way does your Tribe submit information to NCIC?
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  B. Does another law enforcement agency currently submit information to NCIC on behalf of your Tribe?
(Check one.)
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  What other law enforcement agency submits information to NCIC on behalf of your Tribe?
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  C. Which of the following are reasons why your Tribe cannot submit information to NCIC without the assistance of federal, state or local law enforcement officers or agencies?
(Check all that apply.)
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  Please identify the specific FBI requirements your Tribe does not meet.
(View responses)
 
  What are other reasons your Tribe cannot submit information to NCIC?
(View responses)
 
  D. How, if at all, has your Tribe's inability to submit information to NCIC without the assistance of federal, state, local, or other Tribal agencies affected your Tribe's ability to implement and enforce SORNA?
(View responses)
 
36.  In addition to an ORI number, in April 2013 the FBI created a code for over 100 federally-recognized Tribes such that when these Tribes submit sex offender-related information to NCIC, they could enter a Tribal code in the "state" field. To your knowledge, is there a Tribal code for your Tribe in NCIC?
(Check one.)
(View responses)
 
  A. How often does your Tribe use the Tribal code when entering sex offender information into NCIC?
(Check one.)
(View responses)
 
  Why do you not use the NCIC Tribal code all or almost all of the time when entering information about registered sex offenders?
(View responses)
 
37.  If you would like to comment further on any of your answers in this section of the questionnaire on Tribal access to NCIC and NSOR, please do so in the space below.
(View responses)
 

Changes to SORNA

38.  What aspects, if any, of the SORNA provisions would you suggest changing?
(View responses)
 

Contact Information

39.  Who is the person primarily responsible for completing this questionnaire whom we can contact if we need to clarify a response?
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  a. Name
 
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  b. Title/Tribe
 
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  c. Phone
 
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  d. E-mail
 
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40.  Would you like a copy of GAO's final report sent to the e-mail listed in question above?
(Check one.)
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Completion

41.  Please check one of the options below. Clicking on "Completed" indicates that your answers are official and final.

Your answers will not be used unless you have done this.
(Check one.)
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Thank You

  Thank you for your participation!
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  You may view and print your completed survey by clicking on the Summary link in the menu to the left.
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