SB1301 - 472R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3825, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3825. 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 local law enforcement agency or the department of public safety shall notify request that the county attorney in the county in which the person was convicted or the county attorney in the county in which the person was convicted petition the court for an arrest warrant to be issued and, if appropriate, notify 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 or 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's 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 of this section, 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 notification guidelines committee pursuant to section 13‑3826. Community notification pursuant to this section 13‑3825 and sex offender web site notification pursuant to section 13‑3827 shall only be conducted after the risk assessment is complete. END_STATUTE

Sec. 2. Section 13-3826, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3826. Community notification guidelines committee; members; 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 cochairperson 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 cochairperson 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 who is recommended by an association of public defenders and who is appointed by the speaker of the house of representatives.

17. One advocate or community restitution 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. END_STATUTE