Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.12-003 - Sex Offender Assessment Guidelines and Procedures

Pursuant to A.C.A. § 9-27-356, the court determines whether or not a juvenile is required to register.

Target Offenses:

Pursuant to federal law, (42 U.S.C. 14071 a, (3) A and B), target offenses include:

* Kidnapping of a minor, except by a parent;

* False imprisonment of a minor, except by a parent;

* Criminal sexual conduct toward a minor;

* Solicitation of a minor to engage in sexual conduct;

* Use of a minor in a sexual performance;

* Solicitation of a minor to practice prostitution;

* Any conduct that by its nature is a sexual offense against a minor;

* Any sexually violent offense regardless of the age of the victim (18 U.S.C. Sections 2241 and 2242);

* An attempt to commit any of the above offenses if the legislature chooses to make such an attempt a criminal offense requiring registration;

* Exceptions to the above may be made if the act is criminal based on the age of the victim and the perpetrator is 18 years of age or younger;

* Any other offense that the Arkansas Legislature determines is a sexual offense or violent offense against a child.

Additionally, the court may require registration of any offense for which there was a sexually motivated component. If the court determines that there is a sexual component, registration may be required. (For example, some stalking cases are not sexually motivated and others are.) Adults convicted of any of the following offenses must register.

This list of target offenses is not exclusive. The registration requirement extends to the requirements of other state laws, tribal laws, military laws, and additional federal laws. Newly enacted sex offenses or current target offenses subsequently modified by legislation shall be considered target offenses unless otherwise specified by the legislature. The sentencing court has the authority to order the registration of any offender shown in court to have attempted to commit or to have committed a sex offense, even if the offense is not listed as a target offense. Any individual living in or moving into Arkansas, or entering Arkansas for employment, education, or training, who has been convicted of a target offense, or a differently titled, but equivalent offense by a federal court, tribal court, military court, or court of another state, that is the substantial equivalent of a target offense, or is required to register under the laws of another state is required to register and to submit to assessment in Arkansas.

Sex Offenders moving into the State of Arkansas from other states will be considered Sexually Violent Predators, if that or an equivalent, determination has been made by the sending state. If terminologies or criteria differ, SOSRA will request the offender's assessment file. SOSRA may make a determination based on that file or may require the offender to submit to assessment in Arkansas.

Community Notification Levels

After completing the assessment process, each offender will be assigned one of the following community notification levels.

* Level 1: Typically offenders in this category have no prior history of sexual offending and the community can be protected with notification inside the home and to local law enforcement authorities. Level 1 would not generally be appropriate with prepubescent victim(s), predatory behavior, sexual interest in children, a history of working with children or around children if the victim was a child, and allegations of force or threats of physical harm were used in the offense.

* Level 2: Typically offenders in this category have a history of sexual offending where notification inside the home is insufficient. Community notification requires notice to the offender's known victim preference and those likely to come into contact with the offender.

* Level 3: Typically offenders in this category have a history of repeat sexual offending, and/or strong antisocial, violent or predatory personality characteristics. These are individuals whose offense and criminal history require notification throughout the community.

* Level 4: Sexually Violent Predator refers to a person who has been adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense that makes the person likely to engage in predatory sex offenses. The designation indicates that the highest and most visible means of community notification is required.

* Default: Offenders who appear for the assessment under the influence of alcohol, illegal drugs or who fail to timely disclose the use of medications, individuals who fail to appear for any phase of the assessment, individuals who are aggressive, threatening, or disruptive to the point that SOSRA staff cannot proceed with the assessment process, and individuals who voluntarily terminate the assessment process having been advised of the potential consequences will be classified as being a Level 3 or referred to SOAC for Sexually Violent Predator status.

Overrides & Departures

The actuarial tools used during the assessment are only one component of a community notification assessment. The other components of the assessment have been previously described in these guidelines. The following additional information will be used in connection with the results of actuarial tools and the other components of the assessment previously discussed. In instances where an actuarial instrument is used, the following are nonexclusive and non-binding descriptions of when an increase or decrease from the actuarial score may be appropriate in determining the notification level.

Considerations for Increased Community Notification

* If the offender has committed previous juvenile or adult sexual offense(s); has multiple offenses; or has multiple victims, whether or not there are convictions, the community notification level may go beyond the recidivism risk suggested by the actuarial instruments. This may extend to known or self-admitted molestations, offenses that were reported and reliably investigated even if not prosecuted, and offenses primarily sexual in nature but pled down to non-sexual offenses.

* If statements made by the offender during the interview, or relevant historical data suggest there are psychological abnormalities that may predispose the offender to sexual offending; a physical condition, addiction or other psychological impairment that decreases his/her ability to control sexual impulses, or increases his/her potential for sexual violence; or other data that suggest higher risk than the actuarial model predicts, the community notification level should go beyond the recidivism risk suggested by the actuarial instruments.

* If the offense involved extreme physical injury, death, or other heinous actions, the offender should be assigned no lower than a Level 3.

* If the offender has provided information on record or during the interview that he/she is likely to commit subsequent sex offenses, the offender may be assigned Level 3 or referred to the SOAC for a determination of Level 4, if appropriate.

* If the offender's offense history, behavior, or victim characteristics (e.g., extremely young victim, stranger victim, extra-familial victim, etc.) indicates community notification should go beyond the recidivism risk suggested by the actuarial instruments.

Considerations for Decreased Notification

* If after treatment, (behavioral, anti-androgen or other), the offender is able to show evidence that the treatment has significantly enhanced the offender's impulse control ability and decreased the predisposition to re-offend, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments, unless the offender has been classified at Level 4, Sexually Violent Predator.

* If there is evidence to show that the offense was a temporary aberration unlikely to recur, or the nature and pattern of the offense is such that it poses less of a risk to the community at large, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.

* If the offender's current risk assessment data is at such variance with aspects of the official record (e.g., the alleged victim recanted, or the spouse or other witness admitted that the allegations were fabricated out of spite), the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.

* If the official documentation of the sex offense indicates that it was a statutory offense, without evidence of violence, coercion or a deviant attraction, and if there is not a pattern of illegal sexual behavior, the community notification level assigned may be lower than the recidivism risk suggested by the actuarial instruments.

Sex Offender Profile Report

A sex offender profile report may be written summarizing the important aspects of each record completed, indicating the level of community notification level assigned the offender, and providing recommendations for purposes of notification and monitoring.

The report may include:

* Identifying demographic information,

* Sexual offense conviction(s) and date as indicated on the Judgment and Commitment or Disposition,

* Brief synopsis (overview) of the sex crime,

* Prior (other) criminal convictions of a violent or sexual nature for which SOSRA has a judgment,

* Interview synopsis,

* A history of learning or intellectual problems,

* A history of mental illness or mental health treatment,

* Additional factors affecting community notification level,

* The assessed community notification level,

* High risk behaviors impacting supervision, and

* Signature line.

A Disclaimer should be placed at the end of the report identifying those individuals who have access to this information and the requirement for them to delete any identifying victim information if given to anyone other than law enforcement.

Offender Fact Sheet

The Offender Fact Sheet will include the following information:

* A recent photo of the offender/Date of Photo, if known

* Offender name

* Known aliases

* Social security number

* Fingerprint ID class/code

* SID#

* CSN#

* ADC#

* Driver's license number

* Date of birth

* Height

* Weight

* Race

* Identifying marks or scars

* Hair color

* Eye color

* Community notification level

* Date of DNA sample

* Anticipated legal address/Date Last Verified

* Temporary address (if applicable)

* Probation/Parole Office

* Place of employment

* Brief description of crime

* Criminal History/Sexual Violence

* Victim preference

* Factors most likely to affect community notification level

* Treatment history

Notification to the Offender

The offender will be notified by both certified mail and first class mail of the assessed community notification level and the rights and procedures for administrative review. The notification will be mailed to the address provided to the Arkansas Crime Information Center for purposes of registration, unless there is a valid reason to deviate from this policy, i.e., the offender just updated his address, but the address has not been updated on the ACIC registry.

The administrative review is a review of the record only and is conducted by a member of the SOAC. The offender has no right to a hearing in which he/she will appear and/or call witnesses.

Upon receipt of a request for an administrative review, SOSRA will forward the request and the record to the reviewing official. The reviewing official will review the record and determine whether to uphold the assessment or submit the review to SOAC for modification consideration. A majority vote of SOAC will be required to modify the notification level based upon the administrative review. If an administrative review cannot be completed within thirty (30) days of receipt of the request for administrative review, the reviewing official shall notify the offender of the delay by regular mail. Upon completion of the administrative review, the results will be documented and forwarded to the offender by certified mail. For those incarcerated, service shall be as provided in the Arkansas Rules of Civil Procedure or by personal delivery to the offender. Community notification at the risk level assigned in the administrative review will commence five (5) days after the postmark of the administrative review decision to the offender.

During the Administrative Review, the local law enforcement agency having jurisdiction may make community notification at the initial level of assessment A.C.A. 12-12-922(b)(5). SOSRA will notify law enforcement of the conclusion and results of the administrative review and community notification will be adjusted pursuant to any change in the level assigned.

Judicial Review

Upon receipt of the findings of the administrative review, the offender has thirty (30) days to file a petition under the Arkansas Administrative Procedures Act in Pulaski County Circuit Court or in the Circuit Court of the county in which the offender resides, requesting judicial review of the community notification level.

As part of the judicial review process, the Committee may ask the court to seal statements of victims, medical records, and other items that could place third parties at risk of harm.

Community notification will continue at the level determined by the Administrative Review during the pendency of a judicial review. The community notification level will be adjusted pursuant to any change ordered by the court as a result of the judicial review process.

When notice of a judicial review is received, SOSRA will fax copies of the notice to the Arkansas Attorney General's Office, and the ADC's Compliance Office.

Preparing the Record

SOSRA will use the following procedure when preparing the record for the judicial review:

* Copy information contained in the record,

* Remove duplicates, unless the duplicates have notes written on them or contain information not on the original document,

* Retain any duplicate documents in a manila folder marked "duplicates" in the original file,

* Bind copies in a four-part folder,

* Certify each copy as true and correct, and

* Provide one copy of the file with three certifications to the Arkansas Attorney General's Office.

Notification

If a request for Administrative Review is not received within twenty (20) days after postmark of the advisement of the community notification level, the notification process will proceed. A copy of the Sex Offender Risk Assessment & Profile Report, Offender Fact Sheet, and the Notification Guidelines will be mailed to the Local Police Department, Local Sheriffs Department, Prosecuting Attorney, DCC, the ACIC, and the Arkansas Parole Board.

The law enforcement officer having jurisdiction over an offender shall review the notification guidelines and procedures, and the offender fact sheet. Prior to notification, the law enforcement agency should confirm the offender's location. Any discrepancies on the Offender Fact Sheet should be immediately brought to the attention of the SOSRA: Phone (870) 850- 8429 or FAX: (870) 850-8446.

Local law enforcement agencies are permitted to perform notification regarding sex offenders to members of the community.

Notification Guidelines

These notification guidelines indicate which segments of the community must be notified. Notification given to any individual or agency does not authorize that individual or agency to disseminate information beyond those residing with the individual, or beyond those who have a need to know within the agency.

The higher the community notification level assigned, the broader the notification that must be given. These notification guidelines apply to adult offenders. It is the responsibility of the Chief Law Enforcement Officer to interpret these guidelines and prepare a notification plan. Should circumstances change that may increase the offender's threat to the community, it is the responsibility of the Chief Law Enforcement Officer to modify the existing notification plan or request a reassessment.

Discretion must be used in applying the guidelines to any offender. The harm that may be caused by a particular notification must be weighed against the protection that would be afforded the public.

Level 1 / Low Community Notification

* The law enforcement agency having jurisdiction, and other law enforcement agencies likely to encounter the offender. This may include state and federal law enforcement agencies, campus police, school safety officers, and the like.

* All adult members of the household where the offender is residing or intends to reside, unless the offender is residing or intends to reside in a residential treatment facility, group home, foster home, half-way house or other supervised living arrangement, in which case only the residence supervisor or foster parent should be notified.

. Victims or guardians of victims of adult offenders are notified through the VINE system operated by the ADC. Victims or guardians of victims of juvenile offenders should be notified by law enforcement.

Level 2 / Moderate Community Notification

* All parties specified in level 1 must be notified.

* The heads of agencies and organizations that serve individuals in the offender's target group must be notified. This may include, but is not limited to, schools, day care centers, community and youth groups, religious organizations, libraries, the DHS, women's organizations and shelters, park security, businesses frequented by children.

* Employers must be notified.

* State licensing boards will be notified as deemed appropriate by local law enforcement, when the person is licensed by the board.

* Individuals or heads of families with members within the offender's target group who are likely to encounter the offender, or live in the same neighborhood as the offender must be notified.

* Offender Fact Sheet information on adult offenders rated at Level 2 with a victim who is fourteen (14) years of age or younger will be available to the public on the ACIC web site (http://www.acic.org/).

Level 3 / High Community Notification

* All of the entities and individuals listed for Levels 1 and 2 must be notified, unless to do so would cause harm to the victim(s).

* Notification must be made to any member of the community whom the offender is likely to encounter, based on the offender's prior history, recreational or religious interests, employment, or the characteristics of the offender's victims.

* Notification should be conducted face-to-face between law enforcement and citizens to the extent possible. Those likely to encounter the offender, including all neighbors, are to be given an Offender Fact Sheet and cautioned about the appropriate use of the information.

* Offender Fact Sheet information on offenders rated at Level 3 (high) or Level 4 (Sexually Violent Predator) will be available to the public on the ACIC web site (http://www.acic.org/).

Level 4 / Sexually Violent Predator

* All of the entities and individuals listed for Levels 1 through 3 must be notified.

* Notification of members of the general public in the vicinity of where the offender lives, travels and works should be done. It is preferable to notify these individuals in a face-to-face meeting, and to encourage assistance in monitoring the offender rather than instigating harassment, fear or hatred. However, open community meetings or meetings with neighborhood watch groups are also acceptable.

* Any individual having good reason may request an Offender Fact Sheet from the Chief Law Enforcement Officer. Each individual given an Offender Fact Sheet must be advised that it is not for publication, but may only be used in accordance with the law and these guidelines.

* The media may also be used to conduct level 4 notification, if the Chief Law Enforcement Officer having jurisdiction deems it necessary to protect the community.

* Printed material, posters, and electronic media may be used to notify and inform the public in the most necessary and potentially dangerous situations.

* The Offender Fact Sheets of all Sexually Violent Predators will be available to the public on the ACIC website.

Re-Assessment

Adult offenders may request reassessment five (5) years after the date of the most recent assessment. Reassessments will include a polygraph, or voice stress analysis, as deemed appropriate by the SOSRA. The cost of polygraph and/or computerized voice stress analysis will be billed to the person being reassessed.

Reassessments of incarcerated individuals will include administration of a polygraph examination, and/or computerized voice stress analysis, as deemed necessary by SOSRA staff.

Reassessment may be requested by the DCC, the law enforcement agency having jurisdiction, or the Arkansas Parole Board to the SOAC at any time, by submission of the Sex Offender Re-Assessment Form or a statement of reason to the SOSRA Program. The cost of any polygraph or voice stress analysis examinations on referrals by law enforcement will be borne by the SOAC. Forms for requesting reassessment are available from the ACIC web site or may be obtained from the SOSRA.

Refusal of, or non-compliance with, reassessment will result in a written notification to law enforcement in the area in which the offender resides, and to any supervising agency. Refusal or non-compliance will also result in the offender being assigned a default level 3 or a level 4, if enough information exists to determine that he/she fits the SVP criteria.

Offenders who are reassessed based upon their request will be given one opportunity to appear for re-assessment. If the offender provides advance notice of an inability to make the scheduled appointment, he/she will be allowed one additional opportunity to appear. If the reassessment is at the request of a state or local agency, the offender will have two opportunities to appear.

Termination of Requirement to Register

Termination of the registration requirements are found in A.C.A. § 12-12-919.

Expungement of criminal convictions under the provisions of A.C.A. §§ 16-93-301 - 303 does not relieve an individual of the duty to register or reregister. The requirement to register due to a criminal conviction is relieved if the underlying conviction of the offender is reversed, vacated, or set aside, or if the offender is pardoned.

Records

The SOAC will maintain all documentation gathered and all assessments administered. Original documents will be maintained for at least one year, after which time case files may be stored electronically and the original documents can be destroyed. If there is ongoing litigation that would necessitate the hard copy being maintained beyond one year, the files will not be digitally imaged until the resolution of the court proceedings.

Access to documents generated by the SOAC may be granted to ACIC, and to any law enforcement agency or court of competent jurisdiction.

The offender may request copies of all reports generated and a list of all documents obtained from other agencies from the SOSRA. A copy of the tape or video of the interview may also be requested.

The SOAC will not provide copies of working notes, or of copywrited psychological tests that are restricted to licensed professionals. Copies of records generated by other agencies will not be released except under court order.

These documents are not subject to the Freedom of Information Act.

Research

The assessment process will be the subject of ongoing research in an effort to develop an Arkansas specific actuarial tool and to improve the accuracy of the overall assessment process.

Access for the purpose of research must be requested in writing and is subject to approval by the ADC with recommendation by the SOAC.

Immunity

Public officials, public employees, public agencies, and members of the SOAC are immune from civil liability for good faith conduct under Act 989 of 1997, as amended.

Nothing in Act 989 of 1997, A.C.A. 12-12-920, shall be deemed to impose any liability upon, or give rise to a cause of action against, any public official, public employee, public agency, or member of the SOAC for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, agency or Committee member acted with gross negligence or in bad faith.

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Sex Offender Screening and Risk Assessment

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Resources

ADULT ASSESSMENTS

Sex Offender Screening & Risk Assessment

P.O. Box 6209

2403 E. Harding Ave.

Pine Bluff, AR 71611

Phone: (870) 850-8429

Fax: (870) 850-8446

SEX OFFENDER REGISTRATION

Arkansas Crime Information Center

One Capitol Mall, Room 4d, 200

Little Rock, AR 72201

Phone: (501) 682-2222

Fax: (501) 683-5592

JUVENILE ASSESSMENT

Family Treatment Program

1120 Marshall, Suite 401

Little Rock, AR 72202

Phone: (501) 364-3815

Fax: (501) 364-3816

CHILD ABUSE HOTLINE

Arkansas State Police

(800) 482-5964

INFORMATION ABOUT ABUSE

Commission on Child Abuse, Rape & Domestic Violence

University of Arkansas for Medical Sciences

4301 W. Markham, Slot 606

Little Rock, AR 72205

Phone: (501) 661-7975

Fax: (501) 661-7977

VICTIM ASSISTANCE

Arkansas Crime Reparation

323 Center St., Suite 1100

Little Rock, AR 72201

Phone: (501) 682-1020

(800) 448-3014

Fax: (501) 682-5313