SB1630 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3826, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3826. Petition to terminate sex offender registration; hearing; notice

A. A defendant who is ordered or required to register pursuant to section 13-3821 for an offense committed in violation of this title and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following:

1. The defendant is at least thirty-five years of age at the time of the filing of the petition and was under twenty-two years of age at the time the offense was committed.

2. The victim was at least fifteen fourteen years of age at the time of the offense, was a peace officer posing as a fourteen, fifteen, sixteen or seventeen year old minor or was a fictitious minor purported to be fourteen, fifteen, sixteen or seventeen years of age and no physical contact occurred.

3. If the defendant is required to be registered because of a violation of section 13-1405, the sexual conduct was consensual.

4. The defendant did not violate any of the sex offender terms of the defendant's probation.

5. 4. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title for at least ten years after the date on which the person defendant was sentenced released to the community following sentencing for the offense for which the defendant was ordered or required to register.

6. 5. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending.

7. The violation did not involve more than one victim.

8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register.

9. 6. The defendant was not convicted of more than one an offense or offenses involving more than one victim.

10. 7. The defendant was not convicted of a violation or attempted violation of section 13-1406, 13-1410, 13-1417, 13-1423, 13-3206, 13-3212 or 13-3553.

B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. The state has the burden of establishing by a preponderance of the evidence that a factor listed in subsection A of this section has not been met. At the hearing, any party may introduce any reliable and relevant evidence, including hearsay evidence for the court's consideration. Before ruling on the petition, the court must provide all parties, including the victim, with the opportunity to be heard.

C. The court shall deny the petition if the court finds that any factor listed in subsection A of this section is not met.

D. Notwithstanding subsection C of this section, the court may deny a petition if the court finds that a denial is in the best interests of justice or tends to ensure the safety of the public. END_STATUTE

Sec. 2. Title 13, chapter 38, article 3, Arizona Revised Statutes, is amended by adding section 13-3828, to read:

START_STATUTE13-3828. Sex offender management working group; duties; report

A. THE SEX OFFENDER MANAGEMENT WORKING GROUP IS ESTABLISHED AND CONSISTS OF TWENTY-five MEMBERS WHO REPRESENT URBAN AND RURAL AREAS OF THIS STATE, who have EXPERTISE IN ADULT AND JUVENILE ISSUES THAT RELATE TO SEX OFFENDERS AND WHO ARE APPOINTED AS FOLLOWS:

1. THE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT THE FOLLOWING MEMBERS, who MAY BE ACTIVE OR RETIRED and who have SUFFICIENT EXPERIENCE IN THE FIELD:

(a) ONE MEMBER WHO REPRESENTS THE JUDICIAL DEPARTMENT.

(b) ONE MEMBER WHO IS A SUPERIOR COURT JUDGE.

2. THE DIRECTOR OF THE STATE DEPARTMENT OF CORRECTIONS SHALL APPOINT ONE MEMBER WHO REPRESENTS THE STATE DEPARTMENT OF CORRECTIONS.

3. THE DIRECTOR OF THE DEPARTMENT OF ECONOMIC SECURITY SHALL APPOINT THE FOLLOWING MEMBERS:

(a) ONE MEMBER WHO REPRESENTS THE DEPARTMENT OF ECONOMIC SECURITY AND WHO HAS RECOGNIZABLE EXPERTISE IN CHILD WELFARE AND CASE MANAGEMENT.

(b) ONE MEMBER WHO IS A PROVIDER OF OUT-OF-HOME PLACEMENT SERVICES and who has RECOGNIZABLE EXPERTISE IN PROVIDING SERVICES TO JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES.

4. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL APPOINT THE FOLLOWING MEMBERS:

(a) TWO MEMBERS WHO ARE LICENSED MENTAL HEALTH PROFESSIONALS and who have RECOGNIZABLE EXPERTISE IN THE TREATMENT OF ADULT SEX OFFENDERS.

(b) TWO MEMBERS WHO ARE LICENSED MENTAL HEALTH PROFESSIONALS and who have RECOGNIZABLE EXPERTISE IN THE TREATMENT OF JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES.

(d) ONE MEMBER WHO REPRESENTS LAW ENFORCEMENt or PROBATION and who has RECOGNIZABLE EXPERTISE IN ADDRESSING SEXUAL OFFENSES AND VICTIMIZATION.

(e) Three MEMBERS WHO ARE RECOGNIZED EXPERTS IN THE FIELD OF SEXUAL ABUSE AND WHO REPRESENT SEXUAL ABUSE VICTIMS AND VICTIMS' RIGHTS ORGANIZATIONS.

(f) ONE public MEMBER.

(g) ONE MEMBER WHO IS A CLINICAL POLYGRAPH EXAMINER.

(h) ONE MEMBER WHO IS A CRIMINAL DEFENSE ATTORNEY and who has RECOGNIZABLE EXPERTISE RELATED TO SEXUAL OFFENSES.

(i) ONE MEMBER WHO IS A COUNTY DIRECTOR OF HUMAN OR SOCIAL SERVICES and who is APPOINTED AFTER CONSULTATION WITH A STATEWIDE GROUP REPRESENTING COUNTIES.

(j) TWO MEMBERS WHO ARE MEMBERS OF A county BOARD OF SUPERVISORS OR WHO ARE MEMBERS OF THE GOVERNING COUNCIL FOR A JURISDICTION THAT IS A CONTIGUOUS CITY AND COUNTY, ONE OF WHOM REPRESENTS AN URBAN OR SUBURBAN COUNTY and ONE OF WHOM REPRESENTS A RURAL COUNTY, AND WHO ARE APPOINTED AFTER CONSULTATION WITH A STATEWIDE GROUP REPRESENTING COUNTIES.

(k) One member who represents the highway patrol division in the department of public safety.

5. THE DIRECTOR OF THE ARIZONA PROSECUTING ATTORNEYS' ADVISORY COUNCIL SHALL APPOINT ONE MEMBER WHO REPRESENTS THE INTERESTS OF PROSECUTING ATTORNEYS AND WHO HAS RECOGNIZABLE EXPERTISE IN PROSECUTING SEXUAL OFFENSES.

6. THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL APPOINT ONE MEMBER WHO HAS EXPERIENCE WITH JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES AND WHO IS IN THE PUBLIC SCHOOL SYSTEM.

7. The speaker of the house of representatives shall appoint one member of the house of representatives who shall serve as cochaiperson. the speaker of the house of representatives may appoint up to two additional members of the house of representatives.

8. The president of the senate shall appoint one member of the senate who shall serve as cochaiperson. the president of the senate may appoint up to two additional members of the senate.

9. the governor may appoint up to two additional members.

B. APPOINTED MEMBERS SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY FOR A TERM OF FOUR YEARS. WORKING GROUP MEMBERS ARE NOT ELIGIBLE TO RECEIVE COMPENSATION BUT ARE ELIGIBLE FOR REIMBURSEMENT OF EXPENSES pursuant to TITLE 38, CHAPTER 4, ARTICLE 2.

C. THE WORKING GROUP SHALL do ALL OF THE FOLLOWING and shall present its recommendations, as applicable, to the legislature:

1. DEVELOP, PRESCRIBe AND REVISe, AS APPROPRIATE, STANDARD PROCEDUREs TO EVALUATE AND IDENTIFY ADULT SEX OFFENDERS, INCLUDING ADULT SEX OFFENDERS WITH DEVELOPMENTAL DISABILITIES. THE RECOMMENDED PROCEDURES SHALL:

(a) PROVIDE FOR EVALUATING AND IDENTIFYING ADULT SEX OFFENDERS.

(b) RECOMMEND MANAGEMENT, MONITORING AND TREATMENT BASED ON EXISTING RESEARCH.

2. DEVELOP A PROCEDURE FOR EVALUATING AND IDENTIFYING, ON A CASE-BY-CASE BASIS, RELIABLY LOWER-RISK SEX OFFENDERS WHOSE RISK TO SEXUALLY REOFFEND MAY NOT BE FURTHER REDUCED BY PARTICIPATION IN A TREATMENT PROGRAM THAT IS IMPLEMENTED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION.

3. DEVELOP AND IMPLEMENT METHODS OF INTERVENTION FOR ADULT SEX OFFENDERS. THE METHODS MUST PRIORITIZE THE PHYSICAL AND PSYCHOLOGICAL SAFETY OF VICTIMS AND POTENTIAL VICTIMS AND, IF THE METHODS DO NOT REDUCE THE SAFETY OF VICTIMS AND POTENTIAL VICTIMS, THE METHODS MUST ALSO BE APPROPRIATE TO THE ASSESSED NEEDS OF THE PARTICULAR adult sex OFFENDER.

4. DEVELOP, IMPLEMENT AND REVISe, AS APPROPRIATE, GUIDELINES AND STANDARDS TO TREAT ADULT SEX OFFENDERS, INCLUDING ADULT SEX OFFENDERS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES. THE RECOMMENDED GUIDELINES AND STANDARDS MUST INCORPORATE THE CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE-BASED CORRECTIONAL MODEL. THE GUIDELINES AND STANDARDS MAY BE USED IN THE TREATMENT OF adult sex OFFENDERS WHO ARE PLACED ON PROBATION, IMPRISONED IN THE STATE DEPARTMENT OF CORRECTIONS OR PLACED ON COMMUNITY SUPERVISION. PROGRAMS recommended TO BE IMPLEMENTED PURSUANT TO THE GUIDELINES AND STANDARDS MUST:

(a) BE AS FLEXIBLE AS POSSIBLE SO THAT THE PROGRAMS MAY BE ACCESSED BY EACH ADULT SEX OFFENDER TO PREVENT THE adult sex OFFENDER FROM HARMING VICTIMS AND POTENTIAL VICTIMS.

(b) INCLUDE A CONTINUING MONITORING PROCESS AND A CONTINUUM OF TREATMENT OPTIONS THAT ARE AVAILABLE TO AN ADULT SEX OFFENDER AS THE adult sex OFFENDER PROCEEDS THROUGH THE CRIMINAL JUSTICE SYSTEM. TREATMENT OPTIONS MUST BE DETERMINED BY A CURRENT RISK ASSESSMENT AND EVALUATION AND MAY INCLUDE GROUP COUNSELING, INDIVIDUAL COUNSELING, FAMILY COUNSELING, OUTPATIENT TREATMENT, INPATIENT TREATMENT, SHARED LIVING ARRANGEMENTS OR TREATMENT IN A THERAPEUTIC COMMUNITY.

(c) TO THE EXTENT POSSIBLE, BE ACCESSIBLE TO ALL ADULT SEX OFFENDERS IN THE CRIMINAL JUSTICE SYSTEM, INCLUDING THOSE adult sex OFFENDERS WITH BEHAVIORAL, MENTAL HEALTH AND CO-OCCURRING DISORDERS.

5. ESTABLISH A SUBWORKING GROUP TO MAKE RECOMMENDATIONS TO THE WORKING GROUP ON REVISING THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION. AT LEAST EIGHTY PERCENT OF THE MEMBERS OF THE subWORKING GROUP MUST BE APPROVED TREATMENT PROVIDERS, INCLUDING ONE POLYGRAPH EXAMINER.

6. DEVELOP ANNUAL RECOMMENDATIONS TO ALLOCATE MONIES DEPOSITED IN THE STATE GENERAL FUND PURSUANT TO SECTION 13-3821, SUBSECTION Q AND SECTION 13-3824, SUBSECTION B. THESE SHALL INCLUDE RECOMMENDATIONS REGARDING THE COORDINATION OF SPENDING MONIES FROM THE STATE GENERAL FUND WITH ANY MONIES SPENT BY THE STATE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PUBLIC SAFETY OR THE JUDICIAL DEPARTMENT TO IDENTIFY, EVALUATE AND TREAT ADULT SEX OFFENDERS AND JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES. THESE RECOMMENDATIONS SHALL BE PRESENTED TO THE LEGISLATURE BEFORE THE START OF EACH LEGISLATIVE SESSION.

7. CONSULT ON AND PROPOSE REVISIONS TO THE LEGISLATURE, AS NECESSARY, TO THE SEX OFFENDER COMMUNITY NOTIFICATION RISK ASSESSMENT prescribed in section 13-3825. THE WORKING GROUP SHALL CONSIDER RESEARCH ON ADULT SEX OFFENDER RISK ASSESSMENT AND SHALL CONSIDER AS ONE ELEMENT THE RISK POSED BY AN ADULT SEX OFFENDER WHO SUFFERS FROM PSYCHOPATHY OR A PERSONALITY DISORDER THAT MAKES THE PERSON MORE LIKELY TO ENGAGE IN SEXUALLY VIOLENT PREDATORY OFFENSES.

8. RESEARCH, EITHER THROUGH DIRECT EVALUATION OR THROUGH A REVIEW OF RELEVANT RESEARCH ARTICLES AND SEX OFFENDER TREATMENT EMPIRICAL DATA, AND ANALYZE, THROUGH A COMPREHENSIVE REVIEW OF EVIDENCE-BASED PRACTICES, THE EFFECTIVENESS OF THE EVALUATION, IDENTIFICATION AND TREATMENT POLICIES AND PROCEDURES FOR ADULT SEX OFFENDERS THAT ARE DEVELOPED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION. THIS RESEARCH SHALL SPECIFICALLY INCLUDE REVIEWING AND RESEARCHING RECIDIVISM AND FACTORS THAT CONTRIBUTE TO RECIDIVISM FOR adult SEX OFFENDERS, THE EFFECTIVE USE OF COGNITIVE BEHAVIORAL THERAPY TO PREVENT RECIDIVISM, THE USE OF POLYGRAPHS IN TREATMENT AND THE CONTAINMENT MODEL FOR ADULT SEX OFFENDER MANAGEMENT AND TREATMENT AND ITS EFFECTIVE APPLICATION. THE WORKING GROUP SHALL ADVISE THE LEGISLATURE REGARDING REVISION OF THE GUIDELINES AND STANDARDS FOR EVALUATION, IDENTIFICATION AND TREATMENT, AS APPROPRIATE, BASED ON THE RESULTS OF THE WORKING GROUP’S RESEARCH AND ANALYSIS. THE WORKING GROUP SHALL ALSO DEVELOP AND RECOMMEND A SYSTEM TO IMPLEMENT THE GUIDELINES AND STANDARDS THAT ARE DEVELOPED PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION.

9. IN COLLABORATION WITH THE STATE DEPARTMENT OF CORRECTIONS, THE JUDICIAL DEPARTMENT AND THE BOARD OF EXECUTIVE CLEMENCY, DEVELOP PROPOSED CRITERIA AND MAKE RECOMMENDATIONS, AS APPROPRIATE, FOR MEASURING AN ADULT SEX OFFENDER'S PROGRESS IN TREATMENT. THE CRITERIA RECOMMENDED SHALL ASSIST THE COURT AND THE BOARD OF EXECUTIVE CLEMENCY IN DETERMINING WHETHER AN ADULT SEX OFFENDER MAY APPROPRIATELY BE RELEASED FROM INCARCERATION, WHETHER THE ADULT SEX OFFENDER'S LEVEL OF SUPERVISION MAY BE REDUCED OR WHETHER THE ADULT SEX OFFENDER MAY APPROPRIATELY BE DISCHARGED FROM PROBATION OR PAROLE. AT A MINIMUM, THE RECOMMENDED CRITERIA MUST BE DESIGNED TO ASSIST THE COURT AND THE BOARD OF EXECUTIVE CLEMENCY IN DETERMINING WHETHER THE ADULT SEX OFFENDER COULD BE APPROPRIATELY SUPERVISED IN THE COMMUNITY IF THE OFFENDER WERE RELEASED FROM INCARCERATION, RELEASED TO A REDUCED LEVEL OF SUPERVISION OR DISCHARGED FROM PROBATION OR PAROLE.

10. IN COLLABORATION WITH THE STATE DEPARTMENT OF CORRECTIONS, THE JUDICIAL DEPARTMENT AND THE BOARD OF EXECUTIVE CLEMENCY, MAKE RECOMMENDATIONS FOR THE ESTABLISHMENT OF STANDARDS FOR COMMUNITY ENTITIES THAT PROVIDE SUPERVISION AND TREATMENT SPECIFICALLY DESIGNED FOR ADULT SEX OFFENDERS WHO HAVE DEVELOPMENTAL DISABILITIES. AT A MINIMUM, THE RECOMMENDED STANDARDS MUST DETERMINE WHETHER AN ENTITY WOULD PROVIDE ADEQUATE SUPPORT AND SUPERVISION TO MINIMIZE ANY THREAT THAT THE ADULT SEX OFFENDER MAY POSE TO THE COMMUNITY.

11. RESEARCH, ANALYZE AND MAKE RECOMMENDATIONS THAT REFLECT BEST PRACTICES FOR LIVING ARRANGEMENTS FOR AND THE LOCATION OF ADULT SEX OFFENDERS WITHIN THE COMMUNITY, INCLUDING SHARED LIVING ARRANGEMENTS. AT A MINIMUM, THE WORKING GROUP SHALL CONSIDER THE SAFETY ISSUES RAISED BY THE LOCATION OF adult SEX OFFENDER RESIDENCES, ESPECIALLY IN PROXIMITY TO PUBLIC OR PRIVATE SCHOOLS AND CHILDCARE FACILITIES, AND PUBLIC NOTIFICATION OF THE LOCATION OF adult SEX OFFENDER RESIDENCES. THE WORKING GROUP SHALL MAKE RECOMMENDATIONS FOR THE ADOPTION AND REVISION, AS APPROPRIATE, OF THE GUIDELINES AS IT DEEMS APPROPRIATE REGARDING THE LIVING ARRANGEMENTS for AND LOCATION OF ADULT SEX OFFENDERS AND ADULT SEX OFFENDER HOUSING.

12. DEVELOP AND MAKE RECOMMENDATIONS FOR REVISION, AS APPROPRIATE, OF RECOMMENDED STANDARD PROCEDUREs TO EVALUATE JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES, INCLUDING JUVENILES WITH DEVELOPMENTAL DISABILITIES. THE recommended PROCEDUREs SHALL:

(a) PROVIDE FOR EVALUATING JUVENILE OFFENDERS.

(b) RECOMMEND BEHAVIOR MANAGEMENT, MONITORING, TREATMENT AND COMPLIANCE.

(c) INCORPORATE THE CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE-BASED CORRECTIONAL MODEL BASED ON THE KNOWLEDGE THAT ALL UNLAWFUL SEXUAL BEHAVIOR POSES A RISK TO THE COMMUNITY AND THAT CERTAIN JUVENILES MAY HAVE THE CAPACITY TO CHANGE THEIR BEHAVIOR WITH APPROPRIATE INTERVENTION AND TREATMENT. THE WORKING GROUP SHALL DEVELOP AND MAKE RECOMMENDATIONS FOR THE IMPLEMENTATION OF METHODS OF INTERVENTION FOR JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES. The mETHODS MUST HAVE AS A PRIORITY THE PHYSICAL AND PSYCHOLOGICAL SAFETY OF VICTIMS AND POTENTIAL VICTIMS AND, if THE METHODS DO NOT REDUCE THE SAFETY OF VICTIMS AND POTENTIAL VICTIMS, the methods must also be APPROPRIATE TO THE NEEDS OF THE PARTICULAR JUVENILE OFFENDER.

13. DEVELOP, IMPLEMENT AND REVISe, AS APPROPRIATE, GUIDELINES AND STANDARDS TO TREAT JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES, INCLUDING JUVENILES WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES. THE GUIDELINES AND STANDARDS MUST INCORPORATE THE CONCEPTS OF THE RISK-NEED-RESPONSIVITY OR ANOTHER EVIDENCE-BASED CORRECTIONAL MODEL. THE GUIDELINES AND STANDARDS MAY BE USED FOR JUVENILE OFFENDERS WHO ARE PLACED ON PROBATION OR PLACED UNDER THE JURISDICTION OF THE DEPARTMENT OF JUVENILE CORRECTIONS. PROGRAMS RECOMMENDED TO BE IMPLEMENTED PURSUANT TO THE GUIDELINES AND STANDARDS MUST:

(a) BE AS FLEXIBLE AS POSSIBLE SO THAT THE PROGRAMS MAY BE ACCESSED BY EACH JUVENILE OFFENDER TO PREVENT THE JUVENILE FROM HARMING VICTIMS AND POTENTIAL VICTIMS.

(b) INCLUDE A CONTINUING MONITORING PROCESS AND A CONTINUUM OF TREATMENT OPTIONS THAT ARE AVAILABLE TO A JUVENILE OFFENDER AS THE JUVENILE PROCEEDS THROUGH THE JUVENILE JUSTICE SYSTEM. TREATMENT OPTIONS MAY INCLUDE GROUP COUNSELING, INDIVIDUAL COUNSELING, FAMILY COUNSELING, OUTPATIENT TREATMENT, INPATIENT TREATMENT, SHARED LIVING ARRANGEMENTS AND TREATMENT IN A THERAPEUTIC COMMUNITY.

(c) TO THE EXTENT POSSIBLE, BE ACCESSIBLE TO ALL JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES AND WHO ARE IN THE JUVENILE JUSTICE SYSTEM, INCLUDING JUVENILES WITH BEHAVIORAL, MENTAL HEALTH OR CO-OCCURRING DISORDERS.

14. ESTABLISH A SUBWORKING GROUP TO MAKE RECOMMENDATIONS TO THE WORKING GROUP on revising THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO PARAGRAPH 13 OF THIS SUBSECTION. AT LEAST EIGHTY PERCENT OF THE MEMBERS OF THE subWORKING GROUP MUST BE APPROVED TREATMENT PROVIDERS, including ONE POLYGRAPH EXAMINER.

15. RESEARCH AND ANALYZE THE EFFECTIVENESS OF THE EVALUATION, IDENTIFICATION AND TREATMENT PROCEDURES DEVELOPED PURSUANT TO PARAGRAPH 13 OF THIS SUBSECTION FOR JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES. THE WORKING GROUP SHALL MAKE RECOMMENDATIONS FOR THE REVISION OF THE GUIDELINES AND STANDARDS FOR EVALUATION, IDENTIFICATION AND TREATMENT, AS APPROPRIATE, BASED ON THE RESULTS OF THE WORKING GROUP'S RESEARCH AND ANALYSIS. THE WORKING GROUP SHALL ALSO DEVELOP AND PRESCRIBE A SYSTEM TO IMPLEMENT THE GUIDELINES AND STANDARDS THAT ARE DEVELOPED PURSUANT TO PARAGRAPH 13 OF THIS SUBSECTION.

16. IN COLLABORATION WITH LAW ENFORCEMENT AGENCIES IN THIS STATE, VICTIM ADVOCACY ORGANIZATIONS, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF PUBLIC SAFETY, DEVELOP AND REVISE, AS APPROPRIATE, FOR USE BY SCHOOLS EDUCATIONAL MATERIALS REGARDING GENERAL INFORMATION ABOUT ADULT SEX OFFENDERS AND JUVENILES WHO HAVE COMMITTED SEXUAL OFFENSES, SAFETY CONCERNS RELATED TO THE OFFENDERS AND OTHER RELEVANT MATERIALS. THE WORKING GROUP SHALL PROVIDE THE MATERIALS TO THE DEPARTMENT OF EDUCATION, AND THE DEPARTMENT OF EDUCATION SHALL MAKE THE MATERIALS AVAILABLE TO SCHOOLS IN THIS STATE.

D. IF SUFFICIENT MONIES ARE APPROPRIATED TO THE DEPARTMENT OF PUBLIC SAFETY, THE WORKING GROUP MAY REQUEST THAT INDIVIDUALS OR ENTITIES THAT PROVIDE EVALUATION, TREATMENT OR POLYGRAPH SERVICES SPECIFICALLY TO SEX OFFENDERS THAT CONFORM WITH THE STANDARDS DEVELOPED BY THE WORKING GROUP PURSUANT TO SUBSECTION D, PARAGRAPH 4 OF THIS SECTION SUBMIT TO THE WORKING GROUP DATA AND INFORMATION AS DETERMINED BY THE WORKING GROUP. THE WORKING GROUP MAY USE THIS DATA AND INFORMATION TO EVALUATE THE EFFECTIVENESS OF THE GUIDELINES AND STANDARDS DEVELOPED PURSUANT TO THIS SECTION FOR ALL OF THE FOLLOWING:

1. TO EVALUATE THE EFFECTIVENESS OF INDIVIDUALS OR ENTITIES that provide EVALUATION, TREATMENT OR POLYGRAPH SERVICES SPECIFICALLY TO SEX OFFENDERS.

2. FOR ANY OTHER PURPOSE CONSISTENT WITH THIS SECTION.

E. THIS SECTION does NOT GRANT THE WORKING GROUP ANY RULEMAKING OR SPENDING AUTHORITY.

F. THE SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE MAY, ON REQUEST OF A COCHAIRperson:

1. MAKE SPACE AVAILABLE FOR THE WORKING GROUP TO MEET.

2. SUPPLY THE WORKING GROUP WITH LEGISLATIVE STAFF OR RESOURCES.

G. THE ATTORNEY GENERAL, EACH COUNTY ATTORNEY AND EVERY AGENCY AND POLITICAL SUBDIVISION OF THIS STATE SHALL SUPPLY A COCHAIRperson, ON REQUEST, WITH SUCH ASSISTANCE AND INFORMATION AS IS REASONABLY NECESSARY TO EFFECTUATE THE purposes OF THIS SECTION.

H. THE WORKING GROUP SHALL ADOPT RECOMMENDATIONS BY MAJORITY VOTE, BUT THE RECOMMENDATIONS TO BE VOTED ON are SUBJECT TO THE DISCRETION OF THE COCHAIRpersonS, WHO MUST BOTH APPROVE A RECOMMENDATION THAT IS TO BE VOTED ON. END_STATUTE

Sec. 3. Delayed repeal

Section 13-3828, Arizona Revised Statutes, is repealed from and after December 31, 2033.