Arkansas Administrative Code › Agency 172 - Department of Career Education › Rule 172.00.07-007 - Guidelines for Arkansas Sex and Child Offender Registration Act also know as ?Megan?s Law?

Current through Register Vol. 49, No. 6, June, 2024
INTRODUCTION
Arkansas Code Annotated &
	 12-12-901 et.
	 seq, known as the Arkansas Sex and Child Offender Registration Act, also know
	 as "Megan's Law", is the community notification law that allows law enforcement
	 to communicate with the public when a sexual offender is in their area. The Sex
	 Offender Assessment Committee will assess the offender using a ratings
	 instrument to determine the risk that the offender may pose to the community.
	 The assessment allows local law enforcement to determine who needs to be
	 notified in the community and to tailor the notification according to the
	 offender's level of risk.
Four levels of risk have been developed for assessment purposes:
* Level I: Usually there are individuals with no prior history of
	 sexual acting out and no strong antisocial tendencies or sexual compulsions or
	 other psychological factors impairing judgment.
* Level II: Usually these are individuals with limited or circumscribed
	 prior history of sexual acting out and/or only mild antisocial or predatory
	 tendencies that increase the general level of risk they pose.
* Level III: These are individuals with histories of repeat sexual
	 offending and/or strong antisocial, violent or predatory personality
	 characteristics. Sexual compulsions are likely to be present, but may be kept
	 under control when relapse prevention plans are followed and treatment is
	 continued.
* Level IV: These are individuals with impaired judgment or control who
	 have sexual or violent compulsions that they lack the ability to control. This
	 may be due to pedophilia or other disorders of sexual attraction, mental
	 illness or personality disorder that distorts thinking or otherwise interferes
	 with behavioral control.
In order to determine an offender's risk of "re-offense", the law
	 enforcement guidelines include a risk assessment scale that reviews the
	 seriousness of the offender's crime, his offense history, and other personal
	 and social characteristics of the offender. Point values are assigned to the
	 factors and total points accumulated on the scale determine the offender's risk
	 level. The assessment process is not intended to determine the actual
	 probability of any one offender committing another crime, but to provide the
	 basis for a rational method of notification to the public.
Law enforcement will assess the offender and will notify the schools in
	 their area of an offender who is Level II, Level III, or Level IV and is likely
	 to prey on school-age children. Law enforcement maintains the discretion to
	 determine who in the community will be notified. For example, if the offender
	 is Level II whose targets are elementary-school-aged children; law enforcement
	 may only notify the elementary schools in the area and not the secondary
	 schools.
Arkansas Code Annotated &
	 12-12-913(g) (1), (2), (3),
	 and (4) states:
(1) The State Board of Education and the
  State Board of Workforce Education and Career Opportunities shall promulgate
  guidelines for the disclosure to students and parents of information regarding
  a sex offender when such information is released to a local school district or
  institution of vocational training by a local law enforcement agency having
  jurisdiction.
(2) The Arkansas
  Higher Education Coordinating Board shall promulgate guidelines for the
  disclosure to students of information regarding a sex offender when information
  regarding a sex offender is released to all institution of higher education by
  a local law enforcement agency having jurisdiction.
(3) In accordance with guidelines promulgated
  by the State Board of Education, the board of directors of a local school
  district or institution of vocational training shall adopt a written policy
  regarding the distribution to students and parents of information regarding a
  sex offender.
(4) In accordance with
  guidelines promulgated by the Arkansas Higher Education Coordinating Board, the
  board of directors of an institution of higher education shall adopt a written
  policy regarding the distribution to students of information regarding a sex
  offender.
These guidelines are to help schools distribute information to their
	 staff, students, and parents according to the level of assessment. Law
	 enforcement will inform the schools of an offender and the level the offender
	 has been assessed. The level of assessment will determine whom the school needs
	 to notify.
Level I offenders are considered to be low-risk offenders and not
	 dangerous to the community at large. No notification of students and/or parents
	 is permitted. For low-risk offenders, only law enforcement agencies and adult
	 members of the household were the offender resides, Department of Children and
	 Family Services of the Department of Human services for juvenile offenders, and
	 victims or guardians of victims for adult offenders should be notified.
Level II offenders are considered to be moderate risk. Law enforcement
	 has the discretion whether to notify schools. If schools are notified on this
	 level, the information is intended to assist staff members in the protection of
	 their charges, not to provide notification to the community at large. For
	 moderate-risk offenders, law enforcement agencies, adult members of the
	 household, and organizations that serve individuals likely to encounter the
	 offender should be notified unless to do so would cause harm to the
	 victim(s).
Level IV offenders are considered to be sexually violent predators. Law
	 enforcement will notify schools, according to the offender's profile. Again,
	 parents and/or students are not automatically notified. If schools are notified
	 on this level, the information is intended to assist staff members in the
	 protection of their charges. However, law enforcement may ask schools to assist
	 in notifying students and parents as members of the community at large.
	 Notification of members of the general public in the vicinity of where the
	 offender lives travels and works should be done.
The principal and/or program director of each school will have the
	 discretion to make the determination as to which employees within the school
	 should be informed of the notification. This determination must be made within
	 the context of the following definition and the list provided here of employees
	 or volunteers who may fit this description:
The principal and/or program director should share the notice
	 with any person who in the course of their employment or assignment is
	 regularly in a position to observe unauthorized persons on or near the property
	 of the notified school.
The following is an illustrative list of those employees who may be
	 given this information for use in the course of their job-related activities.
	 Since job duties and titles vary, this list is meant only to provide examples.
	 It is not meant to prevent sharing the notice with someone who meets the
	 definition above but whose job title is not included on this list. Principals
	 and/or Program Directors should make a determination of who to notify based on
	 the definition above and on the specific job duties carried out in their
	 schools.
List of employees or volunteers to be considered for
	 notification:
* Aids
* Bus drivers
* Coaches
* Maintenance staff
* Professional support staff
* School level administrative staff
* Security personnel
* Teacher's assistants
* Teachers
If any of the above functions are performed by private vendors (i.e.
	 bus companies), the principal and/or program director should inform the private
	 vendor so that employees who in the course of the duties of their employment
	 are regularly in a position to observe unauthorized persons on or near the
	 property of the school may be notified.
LEVELS OF NOTICE FOR LEVEL II, III, AND IV
A
Level II: Persons excluded from
  notification
You are not permitted to disseminate this information to the
	 following:
Members of the parent-teacher organizations
* Organizations using school facilities
* Other schools
* Parents or guardians of students
* Press
* Students
If an organization using school facilities request this information
	 from school personnel, the organization should be directed to the area law
	 enforcement that issued the notice.
If members of the press contact a school, they may be informed about
	 the procedures that have been put in place and other general topics. No one may
	 reveal the name or any other specifics regarding an offender. No one should
	 confirm or deny whether notice as to any particular offender has been
	 disseminated.
B.
Level
  III or Level IV: Additional persons who may be notified
In the case of a Level III or Level IV notification, if your school is
	 located in an area where a vulnerable population is likely to encounter the
	 offender, then area law enforcement notification may include the students in
	 the school and, within law enforcement's discretion, notice will be given to
	 the parents or guardians of those students. The determination as to the
	 appropriate method to use in the dissemination of the notice must be reached
	 through cooperation with area law enforcement.
A list of those persons who may be notified will be provided to you
	 along with the notice. Notice to parents/guardians should be sent home to the
	 parents with the children or by mail. An accompanying cover letter should
	 explain that school employees are aware of the existence and location of the
	 offender and that every possible precaution will be taken to protect the
	 children. Age appropriate discussion may be held in the classroom explaining
	 the potential danger to the students, but they should not be provided with
	 copies of the law enforcement notice. School meetings may be held to provide
	 parents, guardians, teaching staff and administrative staff with information
	 and support.
Copies of the notice should not be posted on school bulletin boards,
	 and copies of the notice should be kept in a secure place accessible to
	 teachers and staff, but not accessible to students or members of the community
	 at large.
OFFENDERS WHO ARE STUDENTS OR PARENTS/GUARDIANS OF STUDENTS
Nothing in these guidelines is intended to preclude a sex offender
	 registrant from attending school as a student. However, the same procedures for
	 notification apply to students who are sex offender registrants.
Nothing in these guidelines is intended to preclude a sex offender
	 registrant who is the parent or guardian of a child enrolled in a school from
	 entering school property for parent-teacher conference, for dropping off the
	 child at school, or for any other activity which is appropriate for a parent or
	 guardian. However, please note that in some cases, judicial restraining orders
	 or conditions of probation or parole may limit such activities by sex offender
	 registrants who are parents.
IMMUNITY
Public officials, public employees, and public agencies are immune from
	 civil liability for good faith conduct under Arkansas Code Annotated &
	 12-12-913.
Nothing in Arkansas Code Annotated §
									12-12-913
	 shall be deemed to impose any liability upon or give rise to a cause of action
	 against any public employee, or public agency for any discretionary decision to
	 release relevant and necessary information, unless it is shown that the
	 official, employee or agency acted with gross negligence or in bad
	 faith.
NEW STAFF OR STUDENTS; SUBSEQUENT SCHOOL YEARS
A. NEW STAFF OR STUDENTS
There is no ongoing obligation to distribute notices to students or
	 staff that are enrolled or hired after the initial notification. However,
	 schools may retain notices for training subsequently hired staff. Notices may
	 also be distributed to the parents or guardians of newly enrolled students,
	 during the same school year, at the school's discretion unless law enforcement
	 has notified the school that notice can no longer be given.
B. SUBSEQUENT SCHOOL YEARS
Schools may use notices for training staff in subsequent school years
	 at the discretion of the principal and/or program director.
NOTIFICATION DURING VACATION
It is possible that notification will occur during summer vacation or
	 some other time when school is closed for an extended period. If your school
	 receives a Level II notification, the procedures of these guidelines should be
	 followed for any school employees who are working during the vacation period.
	 Remaining staff members should be informed when they return to work. If your
	 school receives Level III or Level IV notification and is not in session on the
	 day law enforcement conducts notification, notices will still be provided to
	 the principal and/or program director. Notices should be mailed to the parents
	 of children who are registered for the upcoming school year along with an
	 explanation that the school employees are aware of the existence and location
	 of the offender and that every possible precaution will be taken to protect the
	 students.
LIMITATIONS ON NOTIFICATION; CONSEQUENCES OF IMPROPER DISSEMINATION OF
	 INFORMATION
Information about convicted sex offenders is being provided to school
	 personnel so that they can take all appropriate steps to protect students they
	 are supervising. Only law enforcement has the authority to decide who will
	 receive notice. Therefore, it is important that school personnel receiving
	 notice understand that they are receiving sex offender notifications in their
	 official capacity and are not to disseminate information about an offender to
	 anyone outside the school.
Improper dissemination of the information about an offender may lead to
	 disciplinary action being taken. Moreover, law enforcement will carefully
	 investigate all allegations of criminal conduct taken by any person against the
	 offender, the offender's family, employer, or school and, where appropriate,
	 criminal prosecution will occur.
If any school employee has reason to believe that an offender who has
	 been the subject of a notification is a danger to someone outside the school
	 environs, then he or she should immediately contact the local law enforcement
	 agency.
HOT SPRINGS REHABILITATION CENTER
Sex Offender Policy
Purpose: To ensure that a safe environment is provided to the staff and
	 students of the facility so that our mission of working with people with
	 physical and emotional challenges may receive employment outcomes.
Scope:
The HSRC/ACTI Personnel Policy applies to all staff
	 of the Hot Springs Rehabilitation Center and its potential
	 clients/students.
Policy Statement:
The Hot Springs Rehabilitation
	 Center/Arkansas Career Training Institute is a comprehensive vocational
	 rehabilitation facility that residential treatment services to students (male
	 & female) ages 16 through adult. Therefore, we believe that the facility
	 should consider the following as it relates to sex offenders.
Level 1 offenders are classified as Low Risk
Level 2 offenders are classified as Moderate Risk
Based upon the above classifications HRSC/ACTI can consider Level 1 or
	 2 offenders for possible enrollment, depending on the circumstances surrounding
	 the offender's offense, treatment, service need, and potential outcomes as
	 presented by the ARS Field Counselor and as determined by a required risk
	 assessment process conducted by the Admissions Review Committee.
Level 3 offenders are classified as High Risk
Level 4 offenders are classified as Sexually Violent Predator
Based upon these classifications, these applicants will not be
	 considered for enrollment. Due to the severity and the nature of their
	 classification as potential repeat offenders, it would create an endangerment
	 to our residential facility. Also House Bill 1011 Act 330 of 2003 section 3
	 states that it is unlawful for a sex offender who is required to register under
	 the Sex Offender Registration Act of 1997, 1212-901 et seq. and who has been
	 assessed as a Level 3 or 4 offender to reside within two thousand feet (2,000)
	 of the property on which any public or private elementary or secondary school
	 or daycare facility is located.
Notification Guidelines:
The above named Level offender
	 classifications will be required to notify segments of the community and other
	 individual or agencies according to the attached regulations: See Notification
	 Pages 21, 22, 23.
Individuals, who refuse, deliberately provide false or misleading
	 information during an interview will be assigned to the highest level at
	 risk.
Notification Guidelines (Section 13):
The 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 those who have a need to know within the agency.
Generally, the higher the risk level assigned, the broader the
	 notification that must be given. These notification guidelines apply to adult
	 offenders and to juvenile offenders ordered by the court to register. The
	 guidelines should be interpreted narrowly in the case of a juvenile in
	 accordance with the level of confidentially afforded by the juvenile justice
	 system. 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 risk 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. For example, notifying the
	 neighbors about a Level 1 or Level 2 incest offender may further victimize the
	 offender's spouse and child if the offender's family is known in the
	 community.
The initial steps toward notification occur as part of the risk
	 assessment process. The Arkansas Department of Correction is responsible for
	 notification occur as part of the risk assessment process. The Arkansas
	 Department of Correction is responsible for notifying the sheriff and the chief
	 of police, ACIC, the offender, any supervising agencies, and the victim.
	 Sheriffs and chiefs of police are encouraged to have a written working
	 agreement to ensure that all offenders in their jurisdictions are properly
	 registered. The notification guidelines shown below and any special
	 recommendations will be attached to the Offender Fact Sheet.
Level 1 / Low Risk
* 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.
* The offender. The fact sheet will be mailed to the offender at the
	 same time that it is mailed to the Chief Law Enforcement Officer having
	 jurisdiction. If the offender requests an administrative review, the Chief Law
	 Enforcement Officer will be notified and asked to limit community notification
	 to that indicated for Level 1 and any citizens thought to be at immediate risk,
	 until the review has been completed.
* 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 systems operated by the Arkansas Department of Corrections.
	 Victims or guardians of juvenile offenders should be notified by law
	 enforcement.
Level 2 / Moderate Risk
* 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 Department of Human Services, women's
	 organizations and shelters, park security, businesses frequented by
	 children.
* State licensing boards and prospective employers will be notified if
	 requested by the licensing board or by the human resources manager for the
	 employer, or if law enforcement sees the type of employment as bringing the
	 offender and potential victims into contact.
Level 3 / High Risk
* All of the entities and individuals listed for Levels 1 and 2 must be
	 notified, including those designated as "discretionary" 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 known to be 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 by methods devised to notify all
	 members of the public likely to encounter the offender. This should be done
	 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
	 risk) or Level 4 (Sexually Violent Predator) will be available to the public on
	 the ACIC web site
(http://www.adic.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 Department of Community Correction will be asked to provide
	 intensive supervision, if the offender falls under the jurisdiction of that
	 agency.
* Polygraphing will be done on reassessments, unless clearly
	 contraindicated in view of the Sex Offender Assessment Committee.
* Community meetings may be held to inform residents of the area in
	 which the offender is likely to be found.
* Printed materials, 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.
Reassessment (Section 14)
The adult offenders, classified Levels 1 through 3, may request
	 reassessment 5 years after the date of the most recent risk assessment.
	 Reassessments will, at the discretion of the Sex Offender Assessment Committee,
	 include a polygraph, voice stress analysis, and/or plethysmograph examinations
	 to be billed to the person being reassessed.
The juvenile offender may request reassessment two years after the date
	 of the most recent risk assessment. Once the juvenile offender reaches age 18,
	 the guidelines for adult offenders are to be followed. The files of such
	 offenders will be transferred from the Family Treatment Program to Sex
	 Offenders Screening and Risk Assessment, which will conduct any further
	 assessments.
Reassessment may be requested by any parole or probation, any law
	 enforcement agency, the court, or the Sex Offender Assessment Committee at any
	 time, by submission of a statement of reason to Sex Offender Screening and Risk
	 Assessment. These requests will be reviewed by the Sex Offender Assessment
	 Committee and granted if, in the opinion of the committee, sufficient grounds
	 have been stated. Reassessment of a juvenile must be ordered by the Juvenile
	 Court having jurisdiction.
Reassessments, particularly those done on the basis of suspicion of
	 recent deviant sexual activity, will include administration of a polygraph and
	 /or plethysmograph (measure if sexual interest) examination. The cost of
	 polygraph, voice stress analysis and /or plethysmograph examinations on
	 referrals by law enforcement will be borne by the Sex Offender Assessment
	 Committee.
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.
Request for reassessment may be made by phone ( 870-850-8429 ); fax (
	 870-8500-5446 ); or mail (P. O. Box 6209, Pine Bluff, AR 71611-6209; or E-mail
	 (adc.sosra@arkansas.gov ) by completing the form entitled Request for Sex
	 Offender Reassessment.
Forms for requesting reassessment will be available from the ACIC web
	 site.