ARIZONA DEPARTMENT OF CORRECTIONS

Statutory Requirements of Sex Offenders

Federal Community Protection Laws and subsequent Arizona state laws set forth statutory requirements of persons convicted of designated sex offenses.  

In compliance with these statutes, the Arizona Department of Corrections established the Sex Offender Coordination Unit (SOCU) in 1996. SOCU reviews cases of all sex offenders prior to their release from prison in order to identify individuals that are subject to the statutory requirements of Sex Offender Registration (ARS §13-3821), Community Notification (ARS §13-3825), or civil commitment under Arizona’s “Sexually Violent Person” (SVP) statute (ARS §36-3701). 

~ Arizona Revised Statute ARS §13-3821, Sex Offender Registration

• State law was implemented in response to the Jacob Wetterling Act:

• As part of the 1994 Violent Crime Control and Law Enforcement Act, the U.S Congress passed the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Act. The act set forth guidelines for states to establish sex offender registry programs.

• Requires persons convicted of designated sex offenses to register with the sheriff of the county in which they reside.

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

 ~ Arizona Revised Statute ARS §13-3825, Community Notification -  

• State law was implemented in response to Megan’s Law:

• In 1996 the Jacob Wetterling Act was amended by Megan’s Law; which requires states to release relevant information about registered sex offenders to protect the public.

• Provides authority for law enforcement agency to notify community of person’s presence in community.

• Arizona’s Community Notification is completed by chief law enforcement officer (police department or sheriff) that has jurisdiction in registered offender’s residential community.

• ADC notifies law enforcement agencies of registered offenders release from prison in order to initiate their notification process.  

~ Arizona Revised Statute ARS §36-3701, Sexually Violent Persons (SVP)-   

• State law was implemented in response to Jacob Wetterling Improvements Act: 

• 1997 provision of Wetterling Act- individual state courts make determination whether convicted sex offenders are Sexually Violent Persons (formerly termed “Predators”), resulting in civil commitment for mental health treatment.                                          

• ADC coordinates SVP review/referral process through collaborative efforts of statewide mental health professionals, county attorneys, and courts.     

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