House of
Representatives
SB 1301
community notification; warrants
Sponsor: Senator Huppenthal
SB 1031 allows law enforcement to issue warrants before distributing notification fliers if a sex offender fails to register.
History
A.R.S. § 13-3825 stipulates that following ten days after a sex offender is released from confinement or from the date of a sentence of probation, the Department of Public Safety (DPS) is required to verify if the sex offender has registered. If the sex offender has not registered, DPS is required to notify the County Attorney where the offender was convicted or the Interstate Compact Administrator for Arizona.
A.R.S. § 13-3826 establishes the Community Notification Guidelines Committee (Committee). The Committee is responsible for:
· Adopting community notification guidelines and monitoring the implementation of the guidelines. The guidelines provide for levels of notification that are based on the risk that the sex offender poses to the community. The notification requirements are:
- For level two and three offenders, the notification is given to the surrounding neighborhood, area schools, appropriate community groups, and prospective employers. The notification includes a flyer containing a photograph, address, a summary of the offender’s status and criminal background, and is given to the local electronic and print media to enable information to be placed in a local publication.
- For level one offenders, the local law enforcement agency responsible for notification maintains the offender’s information and may give the information to other local law enforcement agencies and to the people who reside with the sex offender.
· Developing and recommending 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.
· Study whether there is uniform and consistent application of the community notification guidelines on a statewide basis.
Provisions
· Requires the local law enforcement agency or DPS to request that the County Attorney in the county where the person was convicted to petition the court for an arrest warrant to be issued, and, if appropriate, to notify the interstate compact administrator for Arizona, if a sex offender has not registered.
· Removes the provisions that would:
- Require law enforcement to distribute fliers concerning a level two or level three offender who has not registered/reregistered before issuing a warrant.
- Allow law enforcement to distribute fliers concerning a level one offender who has not registered/reregistered before issuing a warrant.
· Makes technical and conforming changes.
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Forty-seventh Legislature
Second Regular Session 2 April 20, 2006
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