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Overview of Registration/Community Notification Laws

 

~ARS §13-3821, Sex Offender Registration

Requires persons convicted of specific offenses to register as sex offenders. These offenses include those committed in Arizona as well as in other states’ jurisdictions. There are several specific requirements regarding registration as a sex offender. Arizona law requires offenders convicted of registerable sex offenses to register with the county sheriff of the county of residence upon release from custody. Updated registrations are required upon any change to initial registration information. Additionally, at the time of initial registration and every year thereafter, registerable sex offenders must obtain a one year limited term driver’s license or identification card from the Motor Vehicle Division of the Department of Transportation.

 

  • As of March 2003, ADC began registering sex offenders prior to their release from prison due to revised mandates of ARS §13-3821.

 

~ARS §13-3825, Community Notification

Became effective June 1, 1996 and provides authority for law enforcement to notify the community of a Registered Sex Offender’s initial address and every address change thereafter. Notification applies to: all convicted Registerable sex offenders upon release from every confinement and those accepted under Arizona Interstate Compact for supervision of Parolees & Probationers upon arrival into the state.

 

  • As of August 25, 2004, all Registered Sex Offenders are subject to Community Notification due to statutory revision (ARS §13-3825).

  • Prior to statute revision, notification applied only to offenders released from custody or upon arrival into Arizona on or after June 1, 1996.

 

In 1995, the Arizona Legislature enacted the statute to enable the community to be notified of the presence of certain convicted sex offenders upon their release from prison or placement on probation. The statute's effective date was delayed until June 1, 1996, to allow a Community Notification Guidelines Committee to make recommendations to the Legislature for the statute's implementation. The Community Notification Guidelines Committee includes statewide representatives from Arizona law enforcement agencies, the Legislature, corrections, probation, county attorney's offices, the Attorney General's office, and mental health professionals.

 

The Community Notification Guidelines Committee developed a system which permitted local law enforcement agencies to provide notification in a progressive manner, proportionately increasing the scope and nature of information provided to the public, depending upon the risk level ascertained from completion of the validated Arizona risk assessment tool. The instrument is modeled after a similar assessment tool which was developed by the State of Minnesota for the same purpose. The notification system consists of three risk levels, with one being the lowest and level three is highest.

 

In Arizona, community notification is completed by the law enforcement agency having jurisdiction in the community in which the offender resides (police department, sheriff).  Although ADC conducts initial assessments prior to the inmate’s release from custody; the law agency having jurisdiction in the community of registrant’s address has the final authority regarding notification level and therefore generally completes their own assessment. 

 

To access ARS §13-3821, 13-3825 follow link to: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13

 

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