Registered Sex Offenders in Tribal HUD housing
Published on Oct 26, 2016
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Registered Sex Offenders in Tribal HUD housing
Stephanie Lauaki, Tanya Marceau, Heather Hoyle
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Muckleshoot Tribal Housing has no policy that clearly states that registered sex offenders are not allowed in HUD units, which house numerous families. Without a plan there is a lot of confusion on who is eligible to reside in housing units.
Executive Summary:
Muckleshoot Tribal Housing has no policy that clearly states that registered sex offenders are not allowed in HUD units, which house numerous families. Tribal housing has an obligation to its community and HUD to restrict letting sex offenders reside in these communities. Confusion is present when a sex offender applies for housing since there is no clear policy.
Muckleshoot Tribal Housing has no policy that clearly states that registered sex offenders are not allowed in HUD units, which house numerous families. Tribal housing has an obligation to its community and HUD to restrict letting sex offenders reside in these communities. Confusion is present when a sex offender applies for housing since there is no clear policy.
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Key terms
- HUD
- HUD Assisted Tribal housing
- Level I sex offender
- Level II sex offender
- Level III Sex offender
- eligibility
- Muckleshoot
- Muckleshoot Tribal housing
HUD – Department of Housing and Urban Development.
HUD Assisted Tribal Housing – Housing within a tribe that receives funding through HUD.
Sex Offender - n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. http://legal-dictionary.thefreedictionary.com/sex+offender
Level I Sex Offender - Offenders are classified as level I offenders if his/her risk assessment and other factors indicate s/he is a low risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
Level II Sex Offender - Offenders are classified as level II offenders if his/her risk assessment and other factors indicate s/he is a moderate risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
Level III Sex Offender - Offenders are classified as level III offenders if his/her risk assessment and other factors indicate s/he is a high risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
HUD Assisted Tribal Housing – Housing within a tribe that receives funding through HUD.
Sex Offender - n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. http://legal-dictionary.thefreedictionary.com/sex+offender
Level I Sex Offender - Offenders are classified as level I offenders if his/her risk assessment and other factors indicate s/he is a low risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
Level II Sex Offender - Offenders are classified as level II offenders if his/her risk assessment and other factors indicate s/he is a moderate risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
Level III Sex Offender - Offenders are classified as level III offenders if his/her risk assessment and other factors indicate s/he is a high risk to sexually reoffend within the community at large. http://www.waspc.org/assets/SexOffenders/registered%20sex%20offender%20info...
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What about other Tribes?
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Siletz Tribe
Photo by Paulo Brandão
Offense
- Violent Felon. Assault I, II, III
- Misdemeanors. 3 in five year period
- Sex offenders. Sex Abuse I, II. Rape
Offense: Violent Felon. Assault I, II, III
Ineligibility Period: 10 years from date of conviction
Offense: Misdemeanors. 3 in five year period
Ineligibly Period: 1 year from date of most recent arrest
Offense: Sex offenders. Sex Abuse I, II. Rape
Ineligibly Period: Not Eligible for any housing
http://www.ctsi.nsn.us/uploads/downloads/HousingPolicies/SACOP%2013-1114.pd...
Ineligibility Period: 10 years from date of conviction
Offense: Misdemeanors. 3 in five year period
Ineligibly Period: 1 year from date of most recent arrest
Offense: Sex offenders. Sex Abuse I, II. Rape
Ineligibly Period: Not Eligible for any housing
http://www.ctsi.nsn.us/uploads/downloads/HousingPolicies/SACOP%2013-1114.pd...
Photo by Rich Seymour
Chehalis Tribe
Photo by ~Brenda-Starr~
Offense
- Any crimes against children including child abuse, sexual exploitation, child abduction
- Murder, attempted murder, intentional homicide.
- Assault with a deadly weapon
- Aggravated stalking
All offenses make individual not eligible for housing.
http://www.codepublishing.com/WA/ChehalisTribe/#!/ChehalisTribe12/ChehalisT...
http://www.codepublishing.com/WA/ChehalisTribe/#!/ChehalisTribe12/ChehalisT...
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Recommendation
- Prohibit all level Sex Offenders
- Bring to a housing Board committee possible re-entry to HUD housing depending on level of sex offense
- Using tribal Sovereignty, downgrade the sex offense within the tribal capacity
- Research any prior sex offense and find the status quo
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Policy Options
- Create a new policy conforming with the federal laws of HUD
- Consider a pre-check on backgrounds before application processed
- Move sex offenders into units not funded by HUD
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Pros
- Housing is safe for all
- Families feel safer
- Sex offenders that are released into the community are under strict rules and regulations
- New job
- Doesn't cause property value to go down, due to sex offender living nearby.
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Cons
- Sex offenders become prime targets of hate crimes
- Not everyone is honest and registers
- Pushes sex offenders and their families into more rural areas creating resource being overspent
- Young and juvenile offenders are often unable to live with their families.
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Action Plan
- December 2016: Present policy to ED of Housing
- January 2017: Present policy to Muckleshoot housing BOC
- February 2017: Tribal Council aproval
- February 2017: Implement Policy training
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Stakeholders and impacts
- Sex Offenders
- Housing community member
- Families of sex offenders
- Housing Staff
- Tribe
Sex Offenders: This policy could negatively affect sex offenders who apply for housing. They would be ineligible and would have to find housing elsewhere.
Housing community members: This would affect the community positively because they would not have to worry about a sex offender living in their community. They could feel safe.
Families of sex offenders: This Policy would also affect their families negatively. They would have to make a decision to move into a housing unit without the family member that is a sex offender.
Housing Staff: This would not have a negative or positive impact on staff. The staff would simply have to make sure that tenants are complying with their leases and not letting sex offenders stay in the units.
Tribe: This could negatively impact the tribe. Tribes would have to help find housing for a sex offender or deal with them living in different areas of the tribe without registering at one set address.
Housing community members: This would affect the community positively because they would not have to worry about a sex offender living in their community. They could feel safe.
Families of sex offenders: This Policy would also affect their families negatively. They would have to make a decision to move into a housing unit without the family member that is a sex offender.
Housing Staff: This would not have a negative or positive impact on staff. The staff would simply have to make sure that tenants are complying with their leases and not letting sex offenders stay in the units.
Tribe: This could negatively impact the tribe. Tribes would have to help find housing for a sex offender or deal with them living in different areas of the tribe without registering at one set address.
