FAQ Listing

The SMART Office has developed the SORNA Implementation Policy and Procedures Guide to assist tribes with creating their own policy and procedures manual to describe their sex offender registration and notification program. The SORNA Implementation Policy and Procedures Guide should only be used as a starting point for developing policy and procedures for a specific tribe.

The SMART Office has posted the following FBI documents to assist tribal jurisdictions in capturing and submitting finger and palm prints:

• How to order fingerprint cards and training aids
• How to complete fingerprint card
• Criminal fingerprint guidelines
• Personal descriptors
• State and country data codes
• Guidelines for capturing palm prints and supplementals

DNA Submission by SORNA Tribal Jurisdictions

The Sex Offender Registration and Notification Act (SORNA) requires DNA samples to be taken from sex offenders for purposes of analysis and entry into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS) during the registration process if DNA has not be taken and submitted previously. Some states are working with tribal jurisdictions that have elected to implement SORNA to help procure, preserve and submit DNA samples from sex offenders for entry into CODIS and to complete all of the requisite follow through that occurs on a match between an offender and a forensic profile, or “cold hit.” Where such cooperation and coordination is possible, SORNA tribal jurisdictions should include memorandums of understanding, or cooperative agreements, regarding DNA submissions as part of their substantial implementation submission to the SMART Office. Tribes are encouraged to work with the states to establish procedures for this SORNA DNA requirement.

Some states, however, are precluded by state statute, regulation or policy from accepting and processing DNA samples directly from tribal law enforcement entities. Because of this, the SMART Office has worked with the FBI DNA Database Unit to establish a federal “work around” wherein eligible tribal jurisdictions may submit DNA directly to the FBI DNA Database Unit. Tribal jurisdictions that choose to use this federal submission process must be able to take DNA samples according to the directions and standards set by the FBI and complete the required FBI form, which must include, among other items, data on each sex offender’s conviction and personal information, two fingerprints, and valid and verifiable agency contact information. The procedures for taking the sample must be followed diligently and all submissions must be complete to ensure that the submissions can be tested and the data entered into CODIS. For information on how to use the kit, see the FBI’s DNA Kit Collection Instructions.

Tribal agencies should be aware that a sex offender DNA submission could result in a cold hit and that follow-up, validation, investigation and cooperation with other investigation agencies — including the FBI, U.S. Marshals Service, state and local law enforcement, and tribal police — may be necessary.

Please note that contracting with a private laboratory is not sufficient for DNA submission for sex offender registration because private laboratories cannot submit their DNA profiles to CODIS. Further, there is no need to retain samples; samples should be taken and submitted for analysis.

To Order DNA Collection Kits

The FBI provides the DNA sample kits free of charge to SORNA tribal registration jurisdictions. Kits can be ordered through the FBI’s Buccal Collection Kit Reorder Form.

Inquiries regarding DNA kits can be directed to the FBI’s Federal DNA Database Unit:

Email: [email protected]
Phone: 703-632-7529
Fax: 703-632-7620
Mail: Federal DNA Database Unit, 2501 Investigation Parkway, Quantico, VA 22135

Guidance for Indian Tribes on submitting materials to the SMART Office

Please contact the SMART Office for information on how to request additional time to implement SORNA.

The Procedure for Delegation of Tribal Sex Offender Registration and Notification Responsibilities describes how the SMART Office determines that a tribe is unable to implement SORNA within a reasonable amount of time.

Tribe and Territory Sex Offender Registry System Fact Sheet

If substantial implementation has not been achieved by the jurisdiction, the Attorney General may grant, at the request of a jurisdiction, a one-year extension on the deadline. (See Sec. 124 of SORNA)

Section 127(a)(2)(C) of SORNA provides that if “the Attorney General determines that the tribe has not substantially implemented the requirements of this subtitle and is not likely to become capable of doing so within a reasonable amount of time” then the sex offender registry function may be delegated to the state.

If a tribe’s land is in part subject to state law enforcement jurisdiction under 18 U.S.C. § 1162 and in part outside of the areas subject to 18 U.S.C. § 1162, then: (i) sex offender registration and notification functions are automatically delegated to the relevant State in the portion of the tribal land subject to 18 U.S.C. § 1162, and (ii) the tribe had a choice between functioning as a jurisdiction or delegating registration and notification functions to the State in the portion of its land that is not subject to 18 U.S.C. § 1162.

Yes. With respect to Indian tribes, SORNA recognizes that tribes may vary in their capacities and preferences regarding the discharge of sex offender registration and notification functions, and accordingly section 127 of SORNA has special provisions governing the treatment of Indian tribes as jurisdictions or the delegation of registration and notification functions to the States.

See Part III of the Final Guidelines (page 38038) for more detail.