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

Current through Register Vol. 49, No. 6, June, 2024
Historical Background
The United States Congress passed the Jacob Wetterling Crimes
			 Against Children and Sexually Violent Offender Registration Act as part of the
			 Federal Violent Crime Control and Law Enforcement Act of 1994. On June 19,
			 1998, the U.S. Department of Justice published the Proposed Guidelines in the
			 Federal Register (63 FR 33696) to implement the act as amended by "Megan's
			 Law," the Pam Lyncher Sexual Offender Tracking and Identification Act of 1996,
			 and §115 of the General Provisions of Title I of the Departments of
			 Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations
			 Act, 1998. The Wetterling Act was further modified by the "Campus Sex Crimes
			 Prevention Act" ( §1601 of
			 Public
			 Law 106-386 ). This federal law, enacted October
			 28, 2000, provides for the tracking of, and availability of, notification
			 information to the campus community about convicted, registered sex offenders
			 enrolled as students, working, or volunteering at institutions of higher
			 education. These requirements are tied to state eligibility for certain types
			 of federal grant funding and must be implemented through state law. The Adam
			 Walsh Child Protection & Safety Act of 2006 further expanded Title 1 to
			 include certain juvenile offenses, possession of child pornography, sex
			 trafficking, and a new definition of sex offense. As 2012, Arkansas has taken
			 no action to adopt the provisions of the Adam Walsh Child Protection &
			 Safety Act of 2006.
Arkansas Legislation
The 81st General Assembly of the State
			 of Arkansas passed Act 989 of 1997 entitled, "Sex and Child Offender
			 Registration Act of 1997." This legislation has been amended on several
			 occasions including; Act 1353 of 1999; Acts 1740 and 1743 of 2001 (which
			 renamed the Act to read " Sex Offender Registration Act of 1997"; Act 21 of the
			 2nd Extraordinary Session of the
			 84th General Assembly in 2000; Act 4 of the First
			 Extraordinary Session of 2006; Act 394 of 2007; Act 1023 of 2011 and Act 286 of
			 2011. Current code section references for adult offenders are A.C.A.
			 §§
							12-12-901
			 through 924. The law regarding juvenile sex offenders was revised in Act 1265
			 of 2003, and the code section for juvenile offenders is A.C.A §
							9-27-356.
			 The intent of these various Acts is to provide local law enforcement with
			 information that allows them to conduct the appropriate level of community
			 notification, which will allow the people of Arkansas a better opportunity to
			 protect themselves from victimization by individuals who have previously
			 engaged in criminal sexual behavior.
The Sex Offender Assessment Committee
Arkansas law at A.C.A. §
							12-12-921
			 establishes a nine (9) member Sex Offender Assessment Committee ("SOAC").
			 Subject to confirmation by the Senate, the Governor appoints the following six
			 (6) members:
* A defense attorney
* A prosecuting attorney
* A licensed mental health professional
* A victim's rights advocate
* A law enforcement officer
* A member with expertise in juvenile justice or treatment
Also serving on the Committee
* The director of the Arkansas Department of Correction ("ADC"),
			 or the director's designee
* The director of the Arkansas Crime Information Center ("ACIC"),
			 or the director's designee
* The director of the DCC, or the director's designee
The SOAC is charged with promulgating guidelines and procedures
			 for disclosure of relevant and necessary information to the public when the
			 release of the information is necessary for the public protection. The
			 Committee must also establish qualifications for individuals who prepare
			 reports in accordance with the assessment protocol.
Adult assessments are completed by the Sex Offender Screening
			 & Risk Assessment Program (SOSRA). SOSRA is a unit within the ADC.
			 Correspondence to the SOAC and to the staff for SOSRA is to be directed to Post
			 Office Box 6209, Pine Bluff AR 71611-6209, faxed to (870) 850-8446, or e-mailed
			 to adc.sosra@arkansas.gov. The office may be reached by phone: (870)
			 850-8429.
The ADC contracts with the Family Treatment Program (FTP) through
			 Children's Hospital and the University of Arkansas for Medical Sciences to
			 conduct assessments of juvenile offenders, according to standards and
			 procedures developed by that organization and approved by the Sex Offender
			 Assessment Committee.
Arkansas Crime Information Center
Maintenance of the Sex Offender Registry and Web Site and
			 responsibility for tracking of sex offenders in the community are vested in the
			 ACIC. Information is available through the Internet,
http://www.acic.org.
The Internet
			 links provide statistical information, as well as individual information, on
			 offenders and sexually violent predators as authorized by law. Correspondence
			 is to be directed to the Arkansas Crime Information Center, One Capitol Mall,
			 Little Rock, AR 72201. The phone numbers for the Sex Offender Registry at ACIC
			 are (501) 682-7439 or (501) 682-7441. The fax number is (501) 683-5592.
If a member of the public believes that a sex offender should
			 have registered, but did not, or has changed address or employment without
			 proper notification that information should be given to the ACIC at the above
			 listed numbers.
Sex Offender Registration
A.C.A. §
							12-12-905 requires
			 that the following persons must register:
(1) A person who is adjudicated guilty on or
		  after August 1, 1997, of a sex offense, aggravated sex offense, or sexually
		  violent offense;
(2) A person who
		  is serving a sentence of incarceration, probation, parole, or other form of
		  community supervision as a result of an adjudication of guilt on or after
		  August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent
		  offense;
(3) A person who is
		  acquitted on or after August 1, 1997, on the grounds of mental disease or
		  defect for a sex offense, aggravated sex offense, or sexually violent
		  offense;
(4) A person who is
		  serving a commitment as a result of an acquittal on or after August 1, 1997, on
		  the grounds of mental disease or defect for a sex offense, aggravated sex
		  offense, or sexually violent offense; and
(5) A person who was required to be
		  registered under the Habitual Child Sex Offender Registration Act, formerly
		  §
							12-12-901 et
		  seq., enacted by Acts 587 of 1987, §§ 1 -10 and 989 of 1997, §
		  23.
A.C.A. §
							12-12-906
			 requires registration for sex offenders moving to Arkansas.
12-12-906. Duty to register or verify
		  registration generally - Review of requirements with offenders.
(2)
(A) A
		  sex offender moving to or returning to this state from another jurisdiction
		  shall register with the local law enforcement agency having jurisdiction within
		  three (3) business days after the sex offender establishes residency in a
		  municipality or county of this state.
(B)
(i) Any
		  person living in this state who would be required to register as a sex offender
		  in the jurisdiction in which he or she was adjudicated guilty of a sex offense
		  shall register as a sex offender in this state whether living, working, or
		  attending school or other training in Arkansas.
(ii) A nonresident worker or student who
		  enters the state shall register in compliance with
		  Pub.L.
		  No. 109-248, as it existed on January 1, 2007.
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.
1.
Kidnapping of a minor, not by a parent
§
															5-11-102
2.
False imprisonment of a minor
						1st, not by a parent
§
															5-11-103
3.
False imprisonment of a minor
						2nd, not by a parent
§
															5-11-104
4.
Permanent detention or restraint of a Minor, not by a
						parent
§
															5-11-106
5.
Rape
§
															5-14-103
6.
Sexual indecency with a child
§
															5-14-110
7.
Indecent exposure, if a felony offense
§
															5-14-112
8.
Exposing another person to HIV,
when ordered by the Court to Register
§
															5-14-123
9.
Sexual Assault 1st
						degree
§
															5-14-124
10.
Sexual Assault 2nd
						degree
§
															5-14-125
11.
Sexual Assault 3rd
						degree
§
															5-14-126
12.
Sexual Assault 4th
						degree
§
															5-14-127
13.
Video Voyeurism, if a felony offense
§
															5-16-101
14.
Voyeurism, if a felony offense
§
															5-16-102
15.
Incest
§
															5-26-202
16.
Permitting abuse of a minor
§
															5-27-221
17.
Engaging children in sexually explicit conduct for use in
						visual or print medium
§
															5-27-303
18.
Pandering or possessing visual or print medium depicting
						sexually explicit conduct involving a child,
§
															5-27-304
19.
Transportation of minors for prohibited sexual
						conduct
§
															5-27-305
20
. Internet Stalking of a Child
§
															5-27-306
21
. Employing or consenting to the use of a child in a
						sexual performance
§
															5-27-402
22
. Producing, directing or promoting a sexual
						performance
§
															5-27-403
23
. Distributing, possessing, or viewing matter depicting
						sexually explicit conduct involving a child
§
															5-27-602
24.
Computer child pornography
§
															5-27-603
25.
Computer exploitation of a child
§
															5-27-605
26.
Promoting prostitution in the first degree
§
															5-70-104
27.
Stalking when ordered by the court to
						register
§
															5-71-229
28.
An attempt, solicitation, or conspiracy to commit any of
						the above offenses.
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.
Aggravated Sex Offenses
"Aggravated sex offense" means an offense substantially
			 equivalent to "aggravated sexual abuse" as defined in
			 18 U.S.C. §
										2241 as it existed on March 1, 2003, which
			 principally encompasses:
(A) Engaging
		  or attempting to engage in sexual acts involving penetration with victims of
		  any age through the use of force or the threat of serious violence; or causing
		  or attempting to cause another person to engage in a sexual act either by using
		  or threatening force against that other person or placing that other person in
		  fear that any person will be subjected to death, serious bodily injury, or
		  kidnapping; Engaging in sexual acts involving the penetration of victims below
		  the age of twelve (12) by knowingly rendering another person unconscious and
		  then engaging in a sexual act with that other person; or by administering to
		  another person by force or threat of force, or without the knowledge or
		  permission of that person, a drug, intoxicant, or similar substance and thereby
		  substantially impairing the ability of that other person to appraise or control
		  conduct and engaging or attempting to engage in a sexual act with that other
		  person.
(B) Crosses a state line
		  with intent to: engage or attempt to engage in a sexual act with a person who
		  has not attained the age of twelve (12) years.
(C) Knowingly engages or attempts to engage
		  in a sexual act with another person who has not attained the age of twelve (12)
		  years; or knowingly engages or attempts to engage in a sexual act under the
		  circumstances in A and B above with another person who has attained the age of
		  twelve (12) years but has not attained the age of sixteen (16) years and is at
		  least four (4) years younger than the alleged offender.
Determination as to whether an offense qualifies as an
			 "Aggravated Sex Offense" may depend on the circumstances surrounding the
			 offense. The court must indicate on the judgment and commitment or judgment and
			 disposition form whether or not the offense is an aggravated sex
			 offense.
Should there be any confusion regarding whether a sex offense
			 qualifies as an "Aggravated Sex Offense" the Court will be contacted during the
			 course of the assessment.
Individuals convicted of (an) aggravated sexual offense(s) are
			 required to register for life.
Regi
stration of Offenders
A court in which an individual is either adjudicated guilty or
			 acquitted on grounds of mental disease or defect of a sex offense, aggravated
			 sex offense, or sexually violent offense, shall advise the individual that he
			 or she is required to register as a sex offender. The Registration form, the
			 ACIC Acknowledgment form, and Sex Offender Advisement form shall be a part of
			 the paperwork completed at the time of conviction and shall be included with
			 any other paperwork completed by the offender at that time. The prosecutor is
			 to provide these forms to ACIC with the packet of information completed by the
			 sex offender. These forms are available at the ACIC website.
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. Law
			 enforcement officials shall also fax these forms to SOSRA (Fax: 870-850-8446 )
			 unless the information is entered into eSOMA, the electronic sex offender
			 management system in use by SOSRA. This will alert SOSRA to the need to begin
			 the assessment process and/or alert SOSRA to the fact that an offender has
			 relocated.
The ADC, the DCC, the Department of Human Services (DHS), and the
			 Arkansas State Hospital shall complete the registration form for any offender
			 being released from confinement ten days prior to release. The custodian shall
			 also have the offender read and sign the ACIC Acknowledgement form. These forms
			 shall be faxed to ACIC and SOSRA.
Sex offenders released from custody must register with the law
			 enforcement agency where they will reside upon release.
Residency
Residency is defined by A.C.A. §
										12-12-903(10)
			 as the place where a person lives notwithstanding there may be an intent to
			 move or return at some future date to another place. Residency also includes
			 place of employment, training, or education. An offender must register in each
			 law enforcement jurisdiction where he or she lives, attends school or is
			 employed. For example, a convicted sex offender who is a college student must
			 register with law enforcement (chief of police or sheriff) in the jurisdiction
			 in which he or she lives, and the campus police or safety office, and possibly
			 a third jurisdiction if working in a different city or county from where he or
			 she resides.
Residence shall include a motor home, vehicle or boat when that
			 is where the individual resides.
Nonresident worker(s) or student(s) from outside Arkansas whom
			 have been or would be required to register by the laws of the jurisdiction in
			 which they were adjudicated are required to be assessed and to register.
Verification of Residency
Pursuant to Act 64 of 2011, A.C.A. §
										12-12-909,
			 the Arkansas Crime Information Center (ACIC) was directed to provide an
			 electronic format for the law enforcement community to use to register, update
			 and verify sex offenders in their jurisdiction. The system created by ACIC is
			 called Centralized Electronic Network of Sex Offender Registries (CENSOR). The
			 new legislation eliminated the need to mail certified letters to sex offenders
			 informing them of their next verification date indicated on the acknowledgement
			 form. This form shall be printed from CENSOR and given to the offender upon
			 completion of the registration process.
To verify residency, Levels 1, 2 & 3 offenders must present
			 themselves every six (6) months to the law enforcement agency having
			 jurisdiction. Levels 1, 2, and 3 sex offenders must notify ACIC and law
			 enforcement of any change of address ten (10) days prior to change. For an
			 unexpected emergency change of address as in the case of a dwelling fire or
			 natural disaster changes must be reported within three (3) days. A.C.A §
										12-12-906.
Sexually Violent Predators/Level 4 offenders must present
			 themselves every three (3) months to the law enforcement agency having
			 jurisdiction to verify residency. According to A.C.A §
										12-12-923,
			 Sexually Violent Predators (Level 4), released from confinement after
			 04/07/2006, are subject to electronic monitoring for ten (10) years.
Failure to register or maintain registration is a Class C Felony.
			 A.C.A. §
										12-12-904.
Individualized Community Notification
			 Assessment
SOSRA under the auspices of the SOAC must conduct a community
			 notification assessment on each sex offender required to register in Arkansas,
			 unless the offender was assessed by a law enforcement agency prior to the
			 development of SOSRA and that assessment information was entered into to the
			 ACIC database. Community notification assessments are conducted strictly for
			 the purpose of determining the most appropriate level of community
			 notification.
Assessment Process
Community Notification Assessments may include, but are not
			 limited to, the following:
* A review of the sex offender's criminal history, with
			 particular attention given to any offense that was sexual or violent in
			 nature.
* An interview of the sex offender completed by SOSRA
			 staff
* A polygraph examination or a Computerized Voice Stress Analysis
			 in cases in which SOSRA staff believe truth verification will help provide a
			 more accurate assessment.
* A thorough review of any mental health or treatment records
			 available to SOSRA staff at the time of assessment which may be relevant to the
			 offender's risk to the community.
* Psychological testing when deemed necessary by SOSRA
			 psychologists.
* Child maltreatment reports, incident reports, disciplinary
			 charges from correctional facilities, and criminal offenses for which the
			 offender was charged but not convicted.
* Other information that is relevant to the offender's offense
			 history and/or pattern of behavior.
* Completion of appropriate actuarial instruments designed to
			 assess individuals convicted of sexual offenses.
The assigned community notification level is based on a
			 consideration of all of the relevant factors mentioned above and any other
			 information obtained by SOSRA that impacts the community's need to be notified.
			 All of that information is contained in the SOSRA assessment file.
Referrals
Sex Offenders are referred to SOSRA for assessment in a number of
			 ways. ACIC should electronically alert SOSRA on each newly registered Sex
			 Offender. Law enforcement should alert SOSRA of sex offenders living in their
			 jurisdictions. They may notify SOSRA electronically, by phone, fax, or email. A
			 court or prosecutor can refer an offender for assessment and shall include
			 copies of any relevant case files. The Arkansas Parole Board may refer an
			 offender for assessment. The DCC may refer an offender for assessment. An
			 offender may call and alert SOSRA of the need for assessment upon conviction or
			 upon moving, working, or attending school in Arkansas.
Initial Information Gathering
Pursuant to A.C.A.
			 12-12-917,
			 prosecutors shall forward a copy of their file to SOSRA within 30 days of
			 conviction of an offense requiring registration of a sex offender.
Referrals from law enforcement, a court, and/or a prosecuting
			 attorney should include the following information:
Name of Caller
Date of Call
Agency of Caller
Address & Phone Number of Caller
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)
If the law enforcement agency making the referral was the
			 arresting agency, a request will be made that they forward
all available
			 information
from the investigative file, 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, SOSRA will begin the
			 assessment process.
Arkansas Department of Community Correction Referral: If the
			 Department of Community Correction is the referring agency, it will forward any
			 information it has pertaining to sex offense conviction(s) involving the
			 offender.
Arkansas Parole Board Referral: If the Arkansas Parole Board is
			 the referring agency, the Board will provide the name, ADC#, and any relevant
			 information about the offender's incarceration history.
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.
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 violent offense(s)
* Current & Complete ACIC/NCIC Report(s)
* Drug & Alcohol history &Treatment Information
* Community Sex Offender Treatment information
* RSVP/SOFT Treatment Information Medical information regarding
			 possible injuries to the victim(s)
* Relevant incarceration information
* Relevant probation/parole information
* Felony 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.
Interview
A.C.A. §
										12-12-917(b)(4)(B)
			 protects any admissions to SOSRA made by the offender during the assessment
			 interview from use in a criminal proceeding; therefore, the offender may not
			 avoid answering any questions by claiming protection under the
			 5th amendment right to avoid self-incrimination.
			 This protection does not relieve SOSRA staff of mandated reporting obligations.
Upon receipt of the necessary information the record will be
			 assigned to and reviewed by a SOSRA interviewer in preparation for an
			 interview. The interviewer may gather additional information.
Offenders residing in the community are required to travel to the
			 SOSRA Offices at 2403 E. Harding Avenue in Pine Bluff, unless they are
			 hospitalized or have a medical condition that would prevent them from
			 traveling. In such cases, offenders must provide written documentation from a
			 physician that the medical condition currently prevents them from traveling. In
			 rare instances, if local law enforcement or a probation/parole officer is able
			 to confirm the existence of a condition preventing an offender from traveling,
			 SOSRA will work with that agency to ensure an assessment is conducted in the
			 most appropriate setting.
Offenders will be given two opportunities to appear for an
			 interview. The first notice will be sent first class mail. If the offender
			 fails to appear, a second notice will be mailed by first class mail and by
			 certified mail. SOSRA will send the letter scheduling the interview to the
			 address registered with ACIC, unless the offender, law enforcement agency with
			 jurisdiction, or the DCC provides SOSRA with a more recent address. Provision
			 of a new address to SOSRA does not relieve the offender of the obligation to
			 provide the current address directly to law enforcement. The offender shall
			 have the burden of establishing evidence that he/she failed to receive both
			 notices.
Interviews will be recorded. Video recording will be used if
			 possible.
Information gathered during the interview includes, but is not
			 limited to:
* Number of sex offense convictions.
* Number of offenses that were sexual in nature, but pled to
			 another offense.
* Number of violent convictions/incidents.
* Manner in which the offender gains access to victims.
* Number of victims.
* Age & sex of victims.
* Relationship of offender to victims.
* How the offender gained compliance.
* Whether the offender has caused physical injury to
			 victim(s).
* Deviant sexual interests.
* Any sadistic behavior/interest on the part of the
			 offender.
* Any other information deemed necessary for the accurate
			 completion of actuarial instruments and/or to accurately assess the
			 offender.
The SOSRA psychologist will determine whether enough information
			 exists within the SOSRA file to find the offender fits the criteria of a
			 Sexually Violent Predator. A SOSRA psychologist may participate in or conduct a
			 supplemental interview of any offender who may fit the criteria for Sexually
			 Violent Predator. The psychologist will document his/her participation in the
			 file, including any diagnoses made as a part of the assessment.
The salient aspects of the interview will be documented in a
			 typed Risk Assessment & Profile Report (Profile Report). The Profile Report
			 should include the official version of all known sex offenses and violent
			 offenses, as well as the offender's version of these events. The information
			 listed above and any other relevant information used to determine a community
			 notification level should also be included; however, not all information in the
			 case file can be written into the Profile Report.
Actuarial Instruments
The interviewer will complete the actuarial instruments deemed
			 appropriate in accordance with the scoring guidelines for each instrument. The
			 actuarial instruments are only one component of the assessment process and are
			 considered in conjunction with other relevant information to determine the
			 appropriate level of community notification.
Default Assessment Determination:
If an offender living 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 3 or
			 will have information reviewed for consideration of Sexually Violent Predator
			 status. If a SOSRA psychologist determines that there is adequate information
			 available to indicate that the offender fits the criteria of a Sexually Violent
			 Predator, the offender will be referred to the SOAC for consideration.
SOSRA will refer appropriate incidents to the prosecutor for
			 refusal to cooperate with the assessment process, a Class C Felony (see A.C.A.
			 §
										12-12-904(a)
			 ).
Paperwork/DNA/Digital Photographs
While conducting the assessment, a SOSRA staff person will be
			 assigned to monitor offenders, complete the SOSRA
			 Consent/Refusal/Confidentiality form, the ACIC acknowledgement form and
			 instruct them about basic assessment information. If the offender refuses to
			 sign the forms, the SOSRA staff person will attempt to obtain a witness to
			 document the offender's refusal. Both witnesses will sign and date the
			 form.
SOSRA will make attempts to ascertain whether or not an
			 offender's DNA has been obtained prior to an interview at the SOSRA offices. If
			 evidence does not exist that DNA has been gathered, SOSRA will obtain a DNA
			 sample.
Whenever possible, a digital photograph will be taken of each
			 offender during the assessment process. The offender will be identified at the
			 time the photographs are taken. The photos 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 SOSRA staff determines that additional information may be
			 obtained, a computerized voice stress analysis (CVSA) or polygraph may be used.
			 The SOSRA administrator and/or SOSRA psychologist can make the final decision
			 whether to use a truth detection 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 or referred to the SOAC for a determination of
			 Level 4 if appropriate.
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 3 or referral to the SOAC for a Level 4 consideration. The offender may
			 be referred for prosecution for failing to cooperate with the assessment
			 process, a Class C Felony. (see A.C.A.
			 12-12-904(a).
Sexually Violent Predator ("SVP")
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 and who suffers from a mental abnormality or
			 personality disorder that makes the person likely to engage in predatory sex
			 offenses. The designation indicates that the highest and most visible means of
			 community notification should be conducted on these offenders. Sexually Violent
			 Predator status should be considered for the following:
* Offenses involved multiple instances with multiple
			 victims;
* The offender caused or threatened serious harm to the
			 victim(s);
* The offense(s) involved bizarre, ritualistic, or sadistic
			 behaviors;
* The offense(s) involved attempts on the part of the offender to
			 manipulate him/herself into a position of power or authority over, or establish
			 a relationship with the victim for the primary purpose of violation,
			 exploitation, or victimization; and/or
* Evidence of sexual deviancy or psychopathy exists.
Potential routes for determination as to whether an individual
			 should be designated a Sexually Violent Predator:
1. Pursuant to §
										12-12-918,
		  a prosecutor may allege SVP status and upon conviction, the Court shall enter
		  an order for an assessment by an examiner qualified by the SOAC. SOSRA will
		  prepare a report to be sent to the Court with copies to the prosecuting
		  attorney and the defense attorney. Upon receipt of a report, the Court shall
		  determine if SVP status is appropriate.
2. Pursuant to A.C.A. §
										12-12-922,
		  if during the course of a SOSRA assessment grounds are found for believing that
		  an individual may be a SVP, that information will be presented to the SOAC by
		  SOSRA. SOAC will determine whether the offender meets the criteria for SVP by a
		  majority vote.
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.
Administrative Review
The offender's request for an administrative review must be made,
			 in writing, within fifteen (15) days of receipt of the advisement of the
			 assessment level notification sent to the offender by certified mail and first
			 class mail; receipt of the advisement of the risk level notification will be
			 presumed within five (5) days of postmark. The offender is responsible for
			 delivery of the request for administrative review to SOSRA. The offender should
			 send a written request for administrative review to P.O. Box 6209, Pine Bluff,
			 AR 71611.
The offender must clearly state and support, with documentary
			 evidence attached to the request, his/her basis for the administrative review.
			 The following shall be considered as a basis for administrative review:
1. The rules and procedures of the SOSRA were
		  not properly followed in reaching a decision of the community notification
		  level of the sex offender;
2.
		  Documents or information not available at the time of assessment have a bearing
		  on the risk that the sex offender poses to the community; or
3. The assessment is not supported by
		  substantial evidence.
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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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