Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.14-003 - Juvenile Assessment Guidelines - Out Of State Adjudicated Minors

(a) Submit to assessment by Community Notification Assessment if he or she is at least eighteen (18) years of age at the time he or she enters this state to live, work, or attend school.

(b) If he or she is under the age of eighteen (18) at the time he or she enters this state to live, work, or attend school, he or she shall submit to assessment by the UAMS Family Treatment Program or other agency or entity authorized to conduct juvenile sex offender assessments;

(a) Pay the mandatory fee of two hundred fifty dollars ($250) to be deposited into the DNA Detection Fund established by § 12-12-1119 within ninety (90) days from the date of registration.

(b) Failure to pay the fee required under subdivision (a)(2)(C)(iii)((3) of this section is a Class A misdemeanor.

Pursuant to Ark. Code Ann. § 9-27-356, the Arkansas Juvenile Court determines whether or not a juvenile, adjudicated delinquent of a sex offense in Arkansas, is required to register.

REGISTRATION PROCESS FOR A MINOR SEX OFFENDER MOVING TO ARKANSAS

The law enforcement agency having jurisdiction will ensure that sex offenders moving into their jurisdiction register. The law enforcement agency with jurisdiction shall complete the registration form and have the offender read and sign the ACIC Acknowledgement form and immediately fax those forms to ACIC or use CENSOR, the electronic system established by ACIC.

For minors' adjudicated delinquent in another jurisdiction, law enforcement agency will explain and obtain the signature of the Offender and the parents/guardians of the Offender on the Juvenile Sex Offender Registration and Community Notification Assessment Advisement Form. This form will be faxed to FTP Program (Fax: 501-364-3816) to alert FTP of the need to begin the assessment process.

COMMUNITY NOTIFICATION ASSESSMENT

Under the auspices of the SOAC, FTP must conduct a community notification assessment on each minor adjudicated delinquent sex offender from another jurisdiction moving to Arkansas and required to register in Arkansas. Community notification assessments are conducted strictly for the purpose of determining the most appropriate level of community notification. Ark. Code Ann. § 12-12-906(a)(2)(C)(b).

INITIAL INFORMATION GATHERING

It is recognized that the local law enforcement agency undertaking registration of a minor adjudicated delinquent sex offender moving to Arkansas is not the arresting agency. However, FTP requests their assistance in obtaining information from the adjudicating state on the following information.

FTP requests that the law enforcement agency registering the minor adjudicated delinquent sex offender, who has moved from another jurisdiction, to forward all information available or contact information on the agency from which the information may be obtained, including, but not limited to:

* Arrest Report/Incident Report

* Number & Age of Victims

* Victim Statement

* Offender Statement

* Injury to Victim/Force Used

* Whether a weapon was used in the commission of the crime

* Any Medical Information

Arkansas Crime Information Center Referral: If the referral is received from the Arkansas Crime and Information Center, FTP will begin the assessment process.

Offender Self-Referral: If the offender makes the initial referral, the following information will be obtained and documented in eSOMA and the paper file;

* Date of call

* Offender name

* Offender Date of Birth

* Offender Social Security Number

* Offender Address

* Offender Phone Number

* Sex Offense Conviction(s)

* Date of Sex Offense Conviction(s)

* Jurisdiction of Sex Offense Conviction(s)

* What the offender reports happened that led to his/her conviction

GENERAL INFORMATION GATHERING

Diligent attempts will be made to gather all available information necessary to complete an accurate assessment and all attempts will be documented. The offender and his/her parents/guardian will cooperate in providing waivers or release of information documents requested by FTP to assist in information gathering.

Desired information for a complete and accurate assessment is listed below. The list is not exhaustive, and the staff member is expected to use his/her best judgment as to what further information may be required to complete the assessment.

* Judgment & Commitment or Judgment & Disposition Order for each sex offense

* Affidavit & Warrant for Arrest

* Detailed description of sex offense(s)

* Detailed description of nonsexual Dangerous offense(s)

* Current & Complete ACIC/NCIC Report(s)

* Drug & Alcohol history &Treatment Information

* Sex Offender Treatment information

* Medical information regarding possible injuries to the victim(s)

* Mental Health Assessment and Treatment Information

* Relevant incarceration information

* Relevant probation/parole information

A list of documents obtained will be maintained in the electronic sex offender management system and the list mailed to the offender along with his community notification level letter.

ASSESSMENT PROCESS

A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq. Ark. Code Ann. 12-12-9i 7(b)(4)(B).

Community Notification Level Assessment for minor who has been adjudicated delinquent for sexual offenses may include but are not limited to:

* Review of the youth's criminal history, with particular attention given to sexual and violent offenses.

* Interview with the youth by assessment staff. Parents or caregivers are expected to participate in the interview. Treatment providers, case managers, and others may also be interviewed.

* Thorough review of current and previous mental health records available to the assessor.

* Review of educational records, including grades, behavior, and assessment, as available.

* Review of psychological testing, if available.

* Child maltreatment reports, incident reports, disciplinary reports from facilities.

* Other information that is relevant to the youth's offense and general behavioral and emotional adjustment.

* Completion of appropriate actuarial instruments for youth who have been adjudicated for sexual offenses.

* Truth verification techniques

For a minor who was adjudicated delinquent out-of-state, referring parties, when available, shall provide offense information, criminal history information, mental health treatment information, psychological testing information, and other information as available. The referring party shall provide a release of information document signed by the youth's parent having custody so that assessment staff may attempt to obtain relevant information. FTP staff will attempt to obtain relevant records when they are not made available by law enforcement.

Background information on youth will be reviewed for completeness prior to scheduling of the assessment interview. More information may be requested by assessment staff after meeting with the youth, his parents or caregiver.

The juvenile and his/her parent/guardian will participate in an interview at the Family Treatment Program located at 11 Children's Way, Suite 401, Little Rock, AR 72202

(This location may be found on some GPS equipment as 1120 Marshall Street. It is on the Arkansas Children's Hospital campus.)

INTERVIEW

The minor and his parent will participate in an interview at the Family Treatment Program (FTP). For youth who are in residential treatment or in DYS custody, treatment and/or facility staff may participate in the interview process. Information to be gathered in this interview includes:

* Information about the index offense, including charges, victim statement, evidence of planning, etc.

* Information about all other delinquency charges and convictions

* Information about all other inappropriate sexual behaviors or sexual crimes

* Current behavior

* Placement history

* Personal history

* Developmental history

* Medical history

* Substance abuse history

* History of maltreatment, exposure to family and/or community violence, and other trauma.

* Educational history, including grades, school behavior, and special resources

* Sexual history

* Current and previous mental health treatment

ACTUARIAL INSTRUMENT

FTP utilizes the Juvenile Sex Offender Assessment Procedure, II (JSOAP-II) as its actuarial tool. However, due to the rapidly changing developmental factors in youth, current actuarial tools for youth with sexual offenses are limited in their validity and reliability. Actuarial assessment of static and dynamic risk factors assist in providing a risk assessment that is based on clinical evaluation of factors that have been identified in the literature as related to sexual re-offense. Static risk factors are those that cannot decrease over time, regardless of intervention or treatment, while dynamic risk factors are subject to change over time, and sex offender specific treatment is designed to affect dynamic risk factors in order to reduce the offender's risk for reoffending in the future.

DEFAULT ASSESSMENT DETERMINATION

If an offender hving in the community fails to appear for his/her first scheduled interview, he/she will be sent another letter scheduling a second interview. If the offender fails to appear for the second appointment; refuses to cooperate in the assessment process (where the offender's aggressive, threatening, or disruptive behavior prevents an assessment); or the offender voluntarily terminates the assessment after having been advised of the consequences, he/she will be assigned a default level.

FTP will refer appropriate incidents to the prosecutor in the county of registration for refusal to cooperate with the assessment process, a Class C Felony (see Ark. Code Ann. § 12-12-904(a)).

PAPERWORK/DNA/DIGITAL PHOTOGRAPHS

Before conducting the assessment, a FTP staff person will be assigned to insure that offenders to complete the Juvenile Sex Offender Registration and Community Notification Assessment Advisement Form, if it has not already been completed and submitted by local law enforcement at the time of registration. FTP staff will instruct them about basic assessment information. If the offender refiises to sign the forms, the FTP staff person will attempt to obtain a witness to document the offender's refiisal. Both witnesses will sign and date the form.

Whenever possible, a digital photograph will be taken of the offender during the assessment process. The offender will be identified at the time the photograph is taken. The photo will be transferred to the Offender Fact Sheet. In the event that an offender is not photographed at the time of his interview, a photograph will be obtained from another source, such as the eOMIS system, local law enforcement, the DCC, or ACIC.

TRUTH VERIFICATION TECHNIQUES

If FTP staff determines that additional information may be obtained, a computerized voice stress analysis (CVSA) or polygraph may be used. The FTP administrator and/or FTP psychologist can make the final decision whether to use a truth verification measure with an offender.

Offenders will be given one opportunity to present themselves and submit to a truth verification examination. Failure to appear for the scheduled examination as part of the assessment process will result in the offender being assessed a Level 3 by Default.

Any behavior by the offender to influence the results of a truth verification examination will result in the offender defaulting him/herself to a Level. The offender may be referred for prosecution for failing to cooperate with the assessment process, a Class C Felony. (See Ark. Code Ann. § 12-12-904(a).

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, or 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.

* Default Level 3: 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 FTP 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

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.

* 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 COMMUNITY 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.

* 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.

COMMUNITY NOTIFICATION ASSESSMENT REPORT FOR MINORS FROM ANOTHER JURISIDCTION

The Community Notification Assessment Report for Minors Adjudicated Delinquent of a Sex Offense in Another Jurisdiction and Moving to Arkansas shall 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. A copy of the Assessment Report for Minor Adjudicated in Another Jurisdiction will be provided to the Offender at which time the offender may seek an administrative review of the decision. (See Guidelines, ADMINISTRATIVE REVIEW for procedure for requesting an administrative review.)

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 SOCNA 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.