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You are here: Home » Policy Issues » Tribal Governance » Adam Walsh Act Adam Walsh Act
"The Adam Walsh Child Protection and Safety Act of 2006, P.L. 109-248, contains a section that requires tribal governments to affirmatively elect to comply with the mandates of the Act by July 27, 2007. If a tribe fails to pass a resolution stating its intention to comply with the Act by this date, the tribe will be treated as though it has delegated its authority under the Act to the State. The state would then have the right to enter tribal lands to carry out and enforce the requirements of the Act. A tribe that passes a resolution choosing to opt-in to participation in the national sex offender registry will have several years to develop a system to come into compliance with the requirements of the Act.
If a tribe elects to comply with the Act, it will be required to maintain a sex offender registry that includes a physical description, current photograph, criminal history, fingerprints, palm prints, and a DNA sample of the sex offender. Participating tribes will also be required to comply with the notification requirements established in the Act and maintain a web site making sex offender registry information available to the public. The Department of Justice will have some grant money available to help participating jurisdictions (including tribes) to build a registry and come into compliance with the law. Tribes that opt-in will also have the option of collaborating with other jurisdictions to share the burdens of maintaining a sex-offender registry.
Obviously, it is very concerning that this new law forces Indian tribes to opt-in in order to preserve tribal governmental authority. NCAI is working with Members of Congress to amend the law and protect tribal governmental authority on tribal lands. However, while we aggressively pursue amendments to the law, it is critically important that all tribes take action before the July 27, 2007 deadline. If a tribe fails to take action by the July 27, 2007 deadline, the tribe will have lost its opportunity to participate, and the state will be given jurisdiction to come onto tribal land to enforce the law."
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