Megan's Law
In
1994 the sexual
assault and brutal
murder of seven year
old Megan Kanka by
her neighbor, a
recently released
sex offender,
ignited a national
campaign to enact
laws requiring
communities to be
informed about
convicted sex
offenders living in
their neighborhoods.
This effort resulted
in the federal
community
notification statute
labeled "Megans
Law".
On
June 1, 1996 Arizona
adopted its version
of "Megan’s Law" by
enacting the Sex
Offender Community
Notification
statutes,
A.R.S. 13-3825,
A.R.S. 13-3826. While
records indicate
that Arizona had
laws regarding sex
offender
registration as
early as 1939, never
before has so much
emphasis been
focused on the sex
offender population.
Community
Notification Process
The
community
notification process
in Arizona is
triggered by a sex
offender’s release
from jail/prison or
sentence to
probation. When this
occurs, the
respective county
adult probation
agency or Arizona
Department of
Corrections (DOC) is
required to enter
information about
the offender into a
statewide accessible
database. One
portion of this
information involves
the sex offender
risk assessment.
The
risk assessment is a
screening tool
designed to provide
criminal justice
practitioners with
the ability to
predict a sex
offender’s risk of
recidivism. The
Arizona risk
assessment evaluates
nineteen different
criteria that have
been identified by
treatment experts as
good predictors of
future behavior.
Each criterion is
evaluated and
assigned a point
value, which
ultimately is
totaled for
recommending an
appropriate
community
notification level
of 1, 2, or 3.
Although probation
agencies and DOC
provide law
enforcement agencies
with a recommended
community
notification level,
the local law
enforcement agency
may choose to
complete its own
risk assessment to
ensure accuracy.
Once
the appropriate
community
notification level
is established, the
local law
enforcement agency
is required to
complete a community
notification in
accordance with
Arizona Revised
Statute 13-3826.
Law enforcement has
complete discretion
regarding community
notification for
Level 1 (Low
Risk) offenders,
however, state law
requires mandatory
community
notification on all
offenders assessed
as a
Level 2
(Intermediate Risk)
or
Level 3 (High
Risk). This includes
notification to the
"surrounding
neighborhood, area
schools, appropriate
community groups and
prospective
employers. The
notification shall
include a flyer with
a photograph and
exact address of the
offender as well as
a summary of the
offender’s status
and criminal
background. A press
release and a level
two or three flyer
shall be given to
the local electronic
and print media to
enable information
to be placed in a
local publication."
Successful community
notification is
dependent upon three
factors:
communication,
education, and a
zero tolerance
approach to
harassment or
vigilantism. Often
the public does not
understand how or
why a sex offender
is moving into their
neighborhood. As
such, it is the
responsibility of
all appropriate
criminal justice
agencies to engage
in a collaborative
effort to provide
accurate and
meaningful
information to the
public. To
facilitate this
exchange of
information, many
law enforcement
agencies conduct
public meetings and
attend "Block Watch"
meetings to answer
questions and
relieve fears.
Finally, a zero
tolerance approach
regarding harassment
and vigilantism
reinforces the true
meaning of community
notification: to
empower the public
with knowledge that
can be used to
protect themselves
and their families
from becoming
victims.
For More Information
For
additional
information on
Arizona laws not
listed in this
section go to the
Arizona Revised
Statutes website.
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