ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DPA 6-0-1-0 | 3rd Read 24-3-3-0

SB 1630: sex offender management board; establishment

Sponsor: Senator Bolick, LD 2

Committee on Judiciary

Overview

Creates a Sex Offender Management Board (Board) to investigate and suggest revisions to standards and guidelines about how sex offenders and juveniles who have committed sexual offenses are managed.

History

Current law requires those convicted or found guilty of certain sexual offenses enumerated in statute to register for the sex offender registry, which includes providing certain personal and biological information to the Department of Public Safety, county sheriffs and the public. Statute also requires those registered to regularly update the sheriff when any changes are made to their place of residence, name, electronic information or vehicle information. The Department of Public Safety is required to maintain a website with up to date information about registered sex offenders for the public to access (A.R.S. title 13, chapter 38, article 3).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes a sex offender management Board. (Sec. 3)

2.   States the purpose of the Board is to develop, prescribe and implement guidelines, standards and procedures relating to adult sex offenders, including adult sex offenders with intellectual and developmental disabilities, and juveniles who have committed sex offenses. (Sec. 3)

3.   Requires the Board to consist of members who represent urban and rural areas of the state with expertise in adult and juvenile issues that relate to sex offenders. (Sec. 1)

4.   Instructs the following state entities to appoint certain members to the Board:

a)   the Chief Justice of the Supreme Court;

b)   the Governor;

c) the President of the Senate;

d)   the Speaker of the House of Representatives;

e)   the Department of Corrections;

f) the Department of Economic Security;

g)   the Department of Child Safety;

h)   the Department of Public Safety;

i) the Arizona Prosecuting Attorney's Advisory Council;

j) the Superintendent of Public Instruction. (Sec. 1)

5.   States that one member appointed by the Senate President and one member appointed by the Speaker of the House of Representatives will act a cochairpersons. (Sec. 1)

6.   States that members of the Board work at the pleasure of their appointer and are not eligible for compensation but will receive reimbursement of expenses pursuant to A.R.S. title 38, chapter 4, article 2. (Sec. 1)

7.   Allows initial members to assign their term length to be two, three or four years and requires the cochairpersons to notify the Governor's office of their decision. (Sec. 1)

8.   Prescribes that all subsequent members will serve four year terms. (Sec. 1)

9.   Instructs the Board to develop, prescribe and revise, as appropriate procedures to evaluate, identify, conduct intervention, and conduct treatment for adult sex offenders including those with developmental disabilities. (Sec. 1)

10.  Requires a subcommittee to be established consisting of one polygraph examiner and 80% of the members to be approved treatment providers to make recommendations on revising the guidelines and standards relating to treating adult sex offenders. (Sec. 1)

11.  Instructs the Board to develop annual recommendations to allocate money deposited in the general fund for identifying, evaluating and treating adult sex offenders and juveniles who have committed sex offenses and present them to the Legislature before the start of each session. (Sec. 1)

12.  Mandates the Board research and analyze relevant data and research articles relating to recidivism and sex offender management and treatment so it can advise the Legislature on the revisions of guidelines and standards as well as creating a system to implement the suggested changes. (Sec. 1)

13.  Requires the Board to collaborate with the Department of Corrections, the Judicial Department and the Board of Executive Clemency to create a measure for determining a sex offender's treatment progress, which will be used to assist the courts and Board of Executive Clemency in determining an offender's eligibility for release, parole or probation. (Sec. 1)

14.  Instructs the Board to develop in collaboration with the Department of Corrections, the Judicial Department and the Board of Executive Clemency standards for community entities who provide treatment and supervision for adult sex offenders who have developmental disabilities. (Sec. 1)

15.  Directs the Board to research, analyze and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community. (Sec. 1)

16.  Mandates the Board to develop and make recommendations for revisions as appropriate to standard procedures of evaluating juveniles who have committed sexual offenses, including juveniles with developmental disorders. (Sec. 1)

17.  Requires the Board to develop, implement and revise standards to treat juveniles who have committed sexual offenses, including those with intellectual and developmental disabilities and must use an evidence based correctional model in the revisions. (Sec. 1)

18.  Mandates a subcommittee to be established consisting of one polygraph examiner and 80% of the members to be approved treatment providers to make recommendations on revising the guidelines and standards relating to treating juveniles who have committed sexual offenses. (Sec. 1)

19.  Instructs the Board to research and analyze the effectiveness of the evaluation, identification and treatment process developed the by the subcommittee and create a system to implement prescribed standards and guideline revisions. (Sec. 1)

20.  Directs the Board to collaborate with state law enforcement agencies, victim advocacy groups, the Department of Education and the Department of Safety to develop and revise as appropriate school educational materials about adult sex offenders and juveniles who have committed sexual offense, safety concerns related to offenders and other relevant materials. (Sec. 1)

21.  Instructs the Department of Education to distribute materials created by the previous provision to schools in the state. (Sec. 1)

22.  Allows the Board to request individuals or entities that provide evaluation, treatment or polygraph services to sex offenders to submit data and information to the Board to evaluate the effectiveness of standards and guideline revisions if sufficient funds are appropriated to the Department of Public Safety. (Sec. 1)

23.  Allows the Speaker of the House and the President of the Senate on request of a cochairperson to:

a)   make space available for the Board to meet;

b)   supply the Board with legislative staff or resources. (Sec. 1)

24.  Directs the Board shall adopt recommendations by a majority vote, gives the cochairpersons discretion to choose which measures are voted on and cochairpersons must both approve a recommendation that is to be voted on. (Sec. 1)

25.  Terminates the Board on July 1, 2032, and repeals the statute establishing the Board on January 1, 2033. (Sec. 2)

26.   

27.   

28.  ---------- DOCUMENT FOOTER ---------

29.                    SB 1630

30.  Initials JL/MB     Page 0 Judiciary

31.   

32.  ---------- DOCUMENT FOOTER ---------