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Tribes reject state authority under Adam Walsh Act
Thursday, May 15, 2008
Filed Under: Law

Most tribes have asserted their authority to develop sex offender registries rather than cede jurisdiction to state governments.

In 2006, Congress passed the Adam Walsh Child Protection and Safety Act. A provision that was drafted without tribal consultation allows states to assert jurisdiction on reservations in order to monitor sex offenders.

Of 212 tribes that responded to the mandate, 198 adopted resolutions that prevent the state from encroaching on reservations, according to Stateline.org. But more than 200 tribes in six states weren't given that opportunity because the Adam Walsh Act automatically gives Public Law 280 states authority in Indian Country.

Tribes complained about the provision and persuaded the House to pass a bill to delay implementation of the law. The Senate never took up the measure because Republicans placed a hold on it.

Get the Story:
States to enforce molester law on tribal land (Stateline.org 5/15)

Relevant Laws:
Adam Walsh Child Protection and Safety Act | Violence Against Women Act of 2005

Relevant Documents:
White House Fact Sheet: The Adam Walsh Child Protection And Safety Act Of 2006 | President Signs H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006

Minnesota Supreme Court Decision:
Minnesota v Peter John Jones (March 22, 2007)

Related Stories:
Leech Lake man sentenced over offender registry (4/28)
Montana tribes work on Adam Walsh compliance (4/4)
House passes bill to give tribes more time on Adam Walsh Act (7/24)
Reminder: Adam Walsh Act deadline approaching (7/10)
Tribes face deadline to join national sex offender registry (4/30)
'No one cares' about violence against Native women (4/30)
Editorial: Injustice for indigenous women (4/27)
Editorial: U.S. fails to protect Native women (4/26)
BIA ties violence against women to meth abuse (4/26)
Violence against Native women a 'national disgrace' (4/25)
Report details 'maze' Native women victims face (4/25)
Amnesty report on violence against Native women (4/24)
Court allows state offender registry on reservations (3/23)
Opinion: Tribes and national sex offender registry (3/23)
NCAI 2007: Updates from winter session in Washington (02/27)
Minnesota tribes work with state to track offenders (08/02)
Editorial: State shouldn't fight tribal sovereignty (8/1)
Pawlenty wants jurisdiction ruling overturned (7/29)
State may seek agreements with tribes on registry (7/28)
Minnesota appeals court limits state jurisdiction (7/27)

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