sex offenders; community
notification
DP |
Committee on Judiciary |
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DP |
Committee on Utilities and Municipalities |
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DPA |
Caucus and COW |
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DP |
Third Read |
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X |
As Passed the House |
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HB 2602 changes the community notification requirements for level two sex offenders and requires law enforcement to notify any place where children regularly congregate when completing community notification for level two and level three sex offenders.
According to the Department of Public Safety (DPS), Arizona currently has approximately 10,500 registered sex offenders. A.R.S. § 13-3821 outlines which offenders must register and includes any person convicted of a violation or attempted violation of the following:
· Unlawful imprisonment if the victim is under 18 and the imprisonment is not committed by the parent.
· Kidnapping if the victim is under 18 and not committed by the parent.
· Sexual abuse if the victim is under 18.
· Sexual conduct with a minor.
· Sexual assault or sexual assault of a spouse.
· Molestation of a child.
· Continuous sexual abuse of a child.
· Child prostitution, taking a child for the purpose of prostitution or sexual exploitation of a minor.
· A second/subsequent violation of indecent exposure or public sexual indecency to person under 15.
· A third/subsequent violation of indecent exposure or public sexual indecency.
· Failure to register as a sex offender or update registration upon moving.
Additionally, a judge who sentences a defendant to any violation of Title 13, Ch. 14 (sexual offenses), Title 13, Ch. 35.1 (sexual exploitation of children) or for an offense where there was a finding of sexual motivation may require the person to register as a sex offender.
Arizona’s version of “Megan’s Law” provides for community notification when a sex offender is released from confinement or assigned to probation. Prior to an offender’s release or sentence to probation, the agency that has custody of the person completes a risk assessment screening profile. The instrument evaluates 19 criteria that are considered to be significant factors contributing to sex offender recidivism. Each criterion is given a score, which is then totaled to arrive at the recommended risk level. Offenders assigned level one are considered low risk, level two is intermediate risk and level three offenders are considered high risk.
A.R.S. § 13-3826 prescribes the level of notification necessary for the three different levels assigned to sex offenders. The statute establishes the Community Notification Guidelines Committee to adopt community notification guidelines and to monitor the implementation of the guidelines. Guidelines are based on the risk that a sex offender poses to the community. Statute requires level one offenders to have their information maintained by the local law enforcement agency and no community notification is necessary for level one offenders. Notification to immediate neighborhoods, schools, appropriate community groups and prospective employers may be made for level two offenders. Notification may include a flyer with a photograph and the address or general area where the offender is residing. Notification requirements for level three offenders are similar to level two requirements, except that the notification must be made and the radius for notification is expanded to the surrounding area, not just the immediate area. The notification must include a flyer with a photograph and the exact address of the offender. A press release and a level three flyer must be given to the local electronic and print media to allow for local publication.
Additionally, A.R.S. § 13-3826 requires DPS to maintain an internet sex offender website for offenders whose risk assessment is a level two or level three. The website includes the offender’s name, address, date of birth, a current photograph, the offense committed and the offender’s notification level (www.azsexoffender.com). DPS is required to annually update the website with the address and photograph of the offender and the Department of Transportation Motor Vehicle Division (MVD) is required to send copies of each sex offender’s non-operating license or driver license photograph to be used on the website.
· Changes the notification requirements for sex offenders designated as level two (intermediate risk) offenders.
- Sex offenders designated as level two are now subject to the same notification requirements as level three sex offenders.
· Adds any place/location where children congregate on a regular basis to the list of places that must be notified when a level two or level three sex offender moves into the surrounding neighborhood.
· Makes conforming changes.
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46th Legislature
Second Regular Session 3 March
16, 2004
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