5-42-36. Failure to Appear for Registration and Absconding.

1. Failure to Appear. In the event a sex offender fails to register with the Tribe as required by this code, the Rosebud Sioux Tribe Police Department or designee 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.
2. Absconded Sex Offenders. If the Rosebud Sioux Tribe Police Department or designee receives information that a sex offender has absconded the Rosebud Sioux Tribe Police Department shall make an effort to determine if the sex offender has actually absconded.
   1. In the event no determination can be made, the Rosebud Sioux Tribe Police Department or designee 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 other 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 Rosebud Sioux Tribe Police Department shall take the following steps:
      1. Update the registry to reflect the sex offender has absconded or is otherwise not capable of being located,
      2. Notify the U.S. Marshals Service,
      3. 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,
      4. Update the NSOR to reflect the sex offender’s status as an absconder, or is otherwise not capable of being located, and
      5. Enter the sex offender into the National Crime Information Center Wanted Person File.
3. Failure to Register. In the event a sex offender who is required to register due to their employment or school attendance status fails to do so or otherwise violates a registration requirement of this code, the Rosebud Sioux Tribe Police Department shall take all appropriate follow-up measures including those outlined in 5-42-36(B). The Rosebud Sioux Tribe Police Department shall make an effort to determine if the sex offender is actually employed, attending school, in lands subject to the Tribe’s jurisdiction.