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

Current through Register Vol. 49, No. 6, June, 2024
SEX OFFENDER ASSESSMENT COMMITTEE ASSESSMENT GUIDELINES AND
			 PROCEDURES FOR MINOR ADJUDICATED DELINQUENT SEX OFFENSE MOVING TO
			 ARKANSAS
HISTORICAL BACKGROUND
The 81st General Assembly of the State
			 of Arkansas passed Act 989 of 1997 entitled "The Sex and Child Offender
			 Registration Act of 1997." This legislation has been amended on several
			 occasions including most recently Acts 172; 505; 508; and 1428 of 2013.
			 Currently known as "The Sex Offender Registration Act of 1997" the law requires
			 assessment of all sex offenders registered in the State of Arkansas for the
			 purpose of determining the level of community notification to be conducted by
			 local law enforcement. These guidelines are for the purpose of assessing the
			 level of community notification of minors who have been adjudicated delinquent
			 of a sex offense in another jurisdiction, which are now living, working or
			 attending school or other training in Arkansas.
THE SEX OFFENDER ASSESSMENT COMMITTEE
Ark. Code Ann. §
							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 who has demonstrated
			 expertise in the treatment of sex offenders.
* 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 examiners and qualify
			 examiners to prepare reports in accordance with the assessment protocol.
Adult assessments are completed by the Sex Offender Community
			 Notification Assessment ("SOCNA"). SOCNA is a unit within the Arkansas
			 Department of Corrections. ("ADC") Correspondence to the SOAC and to the staff
			 for SOCNA is to be directed to Post Office Box 6209, Pine Bluff AR 71611-6209,
			 faxed to (870) 850-8446, or e-mailed to . adc.socna@arkansas.gov. The office
			 may be reached by phone: (870) 850-8429.
Pursuant to Ark. Code Ann. §
							12-12-906(a)(2)(C)(i)(b)
			 a minor adjudicated delinquent sex offender moving to Arkansas from another
			 jurisdiction must submit to assessment by the UAMS Family Treatment Program or
			 other agency or entity authorized to conduct juvenile sex offender assessments.
			 For the 2013-2014 fiscal year, the ADC and SOAC contracts with the Family
			 Treatment Program ("FTP") of 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. Correspondence to FTP should be sent to Family Treatment
			 Program, ATTN: Registration Risk Assessments, #1 Children's Way, Slot 512-24B,
			 Site 401, Little Rock AR 72202; phone - 501-364-3348; fax- 501-364-3816. The
			 contract is subject to review and renewal on an annual basis. References to FTP
			 are subject to change pursuant to the contract in place at the time of
			 assessment.
SEX OFFENDER REGISTRATION LAW FOR A MINOR SEX OFFENDER MOVING TO
			 ARKANSAS
Ark. Code Ann. §
							12-12-905 requires
			 that the following persons must register:
(a) The registration or registration
		  verification requirements of this subchapter apply to a person who:
(1) Is adjudicated guilty on or after August
		  1, 1997, of a sex offense, aggravated sex offense, or sexually violent
		  offense;
(2) 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) 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) 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;
		  or
(5) Was required to be
		  registered under the Habitual Child Sex Offender Registration Act, former
		  §
								12-12-901 et
		  seq.