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Community Notification Laws |
13-3825 -
Community notification
A. Within seventy-two hours after
a person who was convicted is released from confinement or who
was accepted under the interstate compact for the supervision of
parolees and probationers and has arrived in this state, the
agency that had custody or responsibility for supervision of the
person who was convicted of committing an offense for which the
person was required or ordered by the court to register pursuant
to section 13-3821 or that has accepted supervision under the
interstate compact for the supervision of parolees and
probationers shall provide all of the following information to
the department of public safety by entering all of the following
information into the sex offender profile and notification
database:
1. The offender's identifying information.
2. A risk assessment of the offender.
3. The offender's date of release from confinement or, if the
offender is sentenced to probation without jail time, the date
the sentence is imposed.
B. Following the tenth day after the person is released from
confinement or, if the offender is sentenced to probation
without jail time, the date the sentence is imposed, the
department of public safety shall cross-reference the
information the department receives pursuant to subsection A of
this section with the sex offender registry to determine if the
person is registered as required or ordered by the court
pursuant to section 13-3821. If the person is not registered,
the department of public safety shall notify the county attorney
in the county in which the person was convicted or the
interstate compact administrator for this state. If the person
is registered, the department of public safety shall forward the
information the department received pursuant to subsection A of
this section to the sheriff in the county where the person is
registered.
C. After receiving the information pursuant to subsection B of
this section, the sheriff shall forward the information to the
chief law enforcement officer of the community in which the
person resides. After reviewing the information received and any
other information available to the local law enforcement agency,
the local law enforcement agency shall categorize each offender
and place each offender into a notification level. Within
forty-five days, the local law enforcement agency shall notify
the community of the offender's presence in the community
pursuant to the guidelines established by the community
notification guidelines committee. If the community does not
have a chief law enforcement officer, the sheriff shall perform
the duties of the local law enforcement agency.
D. If a person who has been convicted of an offense in another
state registers pursuant to section 13-3821, subsection A, the
sheriff in the county in which the person registers shall
forward the information to the chief law enforcement officer of
the community in which the person resides. The chief law
enforcement officer shall contact the state in which the person
was convicted and shall obtain information regarding the person.
After reviewing the information received and any other
information available, the local law enforcement agency shall
complete the risk assessment, shall categorize the person, shall
place the person into a notification level and shall enter the
information into the computer system. If the law enforcement
agency is unable to obtain sufficient information to complete
the sex offender community notification risk assessment, the
agency shall categorize the offender as a level two offender.
Within forty-five days, the local law enforcement agency shall
notify the community of the person's presence in the community
pursuant to the guidelines established by the community
notification guidelines committee. If the community does not
have a chief law enforcement officer, the sheriff shall perform
the duties of the local law enforcement agency.
E. On receiving notice pursuant to section 13-3822 that a person
who is required to register has moved from the person's address,
the chief law enforcement officer of the community to which the
person has relocated may notify that community of the person's
relocation to the community, pursuant to subsection C of this
section. If the community does not have a local law enforcement
agency, the sheriff of the county to which the person has
relocated shall notify the community of the person's relocation.
F. In cooperation with the county probation department or the
state department of corrections, a law enforcement agency may
delegate all or part of the notification process for offenders
on community supervision to the county probation department or
to the state department of corrections, as appropriate.
G. Information concerning a person who is required to register
pursuant to section 13-3821 and who is subject to the provisions
of community notification and who is a student at a public or
private institution of postsecondary education or who is
employed or carries on a vocation, with or without compensation,
at a public of private institution of postsecondary education
shall be promptly made available by the county sheriff to the
law enforcement agency having jurisdiction for performing
community notification pursuant to guidelines adopted under
section 13-3826. The law enforcement agency shall notify the
institution administration and shall complete appropriate campus
notification pursuant to guidelines adopted under section
13-3826.
H. This section does not prohibit law enforcement officers from
giving a community notice of any circumstances or persons that
pose a danger to the community under circumstances that are not
provided for under this section.
I. Except as provided in subsection J of this section, this
section applies to all persons who are subject to the
registration requirements in section 13-3821 whether or not the
person was convicted before or after June 1, 1996.
J. This section does not apply to persons subject to the
registration requirements in section 13-3821 as a result of
offenses adjudicated by a juvenile court unless ordered by the
court.
K. Notwithstanding section 13-3825, subsections B and C, the
agency that had custody or responsibility for supervision of an
offender or the court that sentenced the offender who was
convicted of committing an offense that subjects the offender to
the registration requirements of section 13-3821 and who
committed the offense before June 1, 1996 may conduct a risk
assessment for the offender as existing resources are available
pursuant to guidelines adopted by the community notifications
guidelines committee pursuant to section 13-3826. Community
notification pursuant to section 13-3825 and sex offender web
site notification pursuant to section 13-3827 shall only be
conducted after the risk assessment is complete.
13-3826 - Community notification
guidelines committee; members; powers; duties; definition
A. The community notification
guidelines committee is established consisting of the following
members:
1. A member of the senate who is appointed by the president of
the senate to serve as cochair of the committee.
2. A member of the house of representatives who is appointed by
the speaker of the house of representatives to serve as cochair
of the committee.
3. The attorney general or the attorney general's designee.
4. The chairman of the senate judiciary committee or its
successor committee, who serves as an advisory member.
5. A member of the minority party in the senate who is appointed
by the president of the senate and who serves as an advisory
member.
6. The chairman of the house of representatives judiciary
committee or its successor committee, who serves as an advisory
member.
7. A member of the minority party in the house of
representatives who is appointed by the speaker of the house of
representatives and who serves as an advisory member.
8. Two sheriffs or their designees who are appointed by the
president of the Arizona county attorneys and sheriffs
association, one of whom represents a county with a population
of more than four hundred thousand persons according to the most
recent United States decennial census and one of whom represents
a county with a population of four hundred thousand persons or
less according to the most recent United States decennial
census.
9. Two chiefs of police or their designees who are appointed by
the president of the Arizona association of chiefs of police,
one of whom represents a city or town in a county with a
population of more than four hundred thousand persons according
to the most recent United States decennial census and one of
whom represents a city or town in a county with a population of
four hundred thousand persons or less according to the most
recent United States decennial census.
10. Two county attorneys or their designees who are appointed by
the chairman of the Arizona prosecuting attorneys' advisory
council, one of whom represents a county with a population of
more than four hundred thousand persons according to the most
recent United States decennial census and one of whom represents
a county with a population of four hundred thousand persons or
less according to the most recent United States decennial
census.
11. Two county adult probation officers or their designees who
are appointed by the chief justice of the supreme court, one of
whom represents a county with a population of more than four
hundred thousand persons according to the most recent United
States decennial census and one of whom represents a county with
a population of four hundred thousand persons or less according
to the most recent United States decennial census.
12. One state adult parole administrator or the administrator's
designee who is appointed by the governor.
13. The director of the department of public safety or the
director's designee.
14. The director of the department of transportation or the
director's designee.
15. One person who is licensed under title 32, chapter 19.1 and
who is appointed by the state board of psychologist examiners.
16. One representative of a public defender's office recommended
by an association of public defenders who is appointed by the
speaker of the house of representatives.
17. One advocate or community service provider who is appointed
by the president of the senate.
18. Two public members, one of whom is appointed by the
president of the senate and one of whom is appointed by the
speaker of the house of representatives.
B. Appointed members serve two year terms.
C. The members shall meet at a time and place set by the
cochairpersons.
D. Members of the committee are not eligible to receive
compensation but are eligible for reimbursement of expenses
pursuant to title 38, chapter 4, article 2.
E. The committee shall:
1. Adopt community notification guidelines. The committee shall
monitor the implementation of the community notification
guidelines that the committee adopts. The guidelines shall
provide for levels of notification based on the risk that a
particular sex offender poses to the community. The notification
requirements are as follows:
(a) For level two and level three offenders, the notification
shall be made 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 level three flyer shall be given to the local electronic and
print media to enable information to be placed in a local
publication. If a level two or level three offender fails to
register or reregister pursuant to section 13-3821 or 13-3822
and a warrant is issued, before the issuance of the warrant the
law enforcement agency that requested the warrant shall
assemble, print and distribute appropriate flyers regarding the
offender.
(b) For level one offenders, the local law enforcement agency
that is responsible for notification shall maintain information
about the offender. The local law enforcement agency may
disseminate this information to other law enforcement agencies
and may give notification to the people with whom the offender
resides. If a level one offender fails to register or reregister
pursuant to section 13-3821 or 13-3822 and a warrant is issued,
before the issuance of the warrant the law enforcement agency
that requested the warrant may assemble, print and distribute
appropriate flyers regarding the offender.
2. Develop and recommend a process for a sex offender to request
a notification level review and for the court to determine if a
sex offender notification level may be reduced or the offender
is no longer required to register. The committee shall submit a
report of its recommendation to the governor, the president of
the senate and the speaker of the house of representatives on or
before December 15, 2004 and shall provide a copy of this report
to the secretary of state and the director of the Arizona state
library, archives and public records.
3. Study whether there is uniform and consistent application of
the community notification guidelines on a statewide basis,
including whether offenders who pose similar risks are assigned
similar notification levels in different jurisdictions.
F. The committee shall adopt guidelines regarding how community
notification pursuant to section 13-3825, subsection K should be
conducted, including whether community notification should
occur. The guidelines should provide for flexibility based on
resources and the availability of records. The committee may
adopt procedures that allow offenders required to register to
not be classified if necessary records are not reasonably
available.
G. For the purposes of this section, "advisory member" means a
member who advises other committee members during meetings but
who is ineligible to vote and who is not a member for the
purposes of determining if a quorum is present.
For
additional
information on
Arizona laws not
listed in this
section go to the
Arizona Revised
Statutes website.
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