HB2580 - 571R

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

Section 1. Section 13-3821, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3821. Persons required to register; procedure; identification card; assessment; definitions

A. A person who has been convicted of or adjudicated guilty except insane for a violation or attempted violation of any of the following offenses or who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting or adjudicating jurisdiction, within ten days after the conviction or adjudication or within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state, shall register with the sheriff of that county:

1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent.

2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent.

3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age.

4. Sexual conduct with a minor pursuant to section 13-1405.

5. Sexual assault pursuant to section 13-1406.

6. Sexual assault of a spouse if the offense was committed before August 12, 2005.

7. Molestation of a child pursuant to section 13-1410.

8. Continuous sexual abuse of a child pursuant to section 13-1417.

9. Taking a child for the purpose of prostitution pursuant to section 13-3206.

10. Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017.

11. Child sex trafficking pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017.

12. Commercial sexual exploitation of a minor pursuant to section 13-3552.

13. Sexual exploitation of a minor pursuant to section 13-3553.

14. Luring a minor for sexual exploitation pursuant to section 13-3554.

15. A second or subsequent violation of indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402.

16. A second or subsequent violation of public sexual indecency to a minor who is under fifteen years of age pursuant to section 13-1403, subsection B.

17. A third or subsequent violation of indecent exposure pursuant to section 13-1402.

18. A third or subsequent violation of public sexual indecency pursuant to section 13-1403.

19. A violation of section 13-3822 or 13-3824.

20. Unlawful age misrepresentation.

21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560.

22. Sexual extortion pursuant to section 13-1428 if the victim is under fifteen years of age.

B. Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section. Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside. Registration pursuant to this subsection shall be consistent with subsection E of this section.

C. Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13-118 may require the person who committed the offense to register pursuant to this section.

D. The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section. Any duty to register under this subsection terminates when the person reaches twenty-five years of age.

E. A person who has been convicted, adjudicated guilty except insane or adjudicated delinquent and who is required to register in the convicting or adjudicating state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either:

1. Employed full-time or part-time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year.

2. Enrolled as a full-time or part-time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state.

F. Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty-five years of age.

G. F. The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed.

H. G. The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13-923.

I. H. At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides. The information that is required by this subsection shall include all of the following:

1. All names by which the person is known.

2. Any required online identifier.

3. The name of any website or internet communication service where the identifier is being used.

4. If the person owns, possesses or regularly operates a motor vehicle that is required to be registered under title 28, chapter 7, the make, model, year of manufacture, color, vehicle identification number, state of registration and license plate number of the motor vehicle.

5. If the person has legal custody of a child who is enrolled in school, the child's name and enrollment status.

6. The physical location of the person's residence, the person's address and whether the person's residence is permanent or temporary, except that:

(a) If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease.

(b) If the person receives mail at a post office box or other place, the person shall provide the location and number of the post office box or other place.

(c) If the person has more than one residence, the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present.

(d) If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present.

J. I. On the person's initial registration and every year after the person's initial registration during the month of the person's birthdate, the person shall report in person to the sheriff of the county in which the person is registered and confirm in writing all information required by this section, any required online identifier and the name of any website or internet communication service where the identifier is being used and the person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license. Notwithstanding sections 28-3165 and 28-3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence. The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section.

K. J. Except as provided in subsection E or L K of this section, the clerk of the superior court in the county in which a person has been convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction or adjudication within ten days after entry of the judgment.

L. K. Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of or adjudication of guilty except insane for a violation of section 13-1402. Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section. If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13-3825 to the department of public safety and shall make community notification as required by law.

M. L. A person who is required to register pursuant to this section because of a conviction or adjudication of guilty except insane for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions or adjudications, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations. Notwithstanding this subsection, a person who has a prior conviction or adjudication of guilty except insane for an offense for which registration is required pursuant to this section is required to register for life.

N. M. A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education. The person who is required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution.

O. N. At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of or adjudicated guilty except insane for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting or adjudicating jurisdiction. The sheriff shall transmit the sample to the department of public safety.

P. O. Any person who is required to register under subsection A of this section shall register the person's required online identifier and the name of any website or internet communication service where the identifier is being used or is intended to be used with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of the person's initial registration under this section.

Q. P. On conviction of or adjudication of guilty except insane for any offense for which a person is required to register pursuant to this section, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of $250. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this section to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this section.

R. Q. A person who is required to register pursuant to this section shall verify the person's residence and address if requested by the department of public safety pursuant to section 13-3827, subsection G.

S. R. For the purposes of this section:

1. "Address" means all locations at which the person receives mail.

2. "Legal custody" means the right to have physical possession of a child.

3. "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number.

4. "Residence" means:

(a) The person's dwelling place, whether permanent or temporary.

(b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights.

5. "School" means a public or nonpublic kindergarten program, common school or high school.

6. "Transient" means a person who does not have a single and permanent dwelling place. END_STATUTE

Sec. 2. Section 13-3824, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3824. Violation; classification; assessment

A. A person who is subject to registration under this article and who fails to comply with the requirements of this article is guilty of a class 4 felony.

B. Notwithstanding subsection A of this section, a person who fails to comply with section 13-3821, subsection J I is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars $250. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this subsection. END_STATUTE

Sec. 3. Section 13-3828, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3828. Sex offender management board; duties; report

A. The sex offender management board is established and consists of 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 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 who has expertise related to the evaluation, treatment or supervision of sex offenders.

(g) One member who is a clinical polygraph examiner and who is trained in postconviction sex offender testing.

(h) One member who is a current or former probation representative 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 cochairperson. The speaker of the house of representatives may appoint up to two additional members of the house of representatives from different political parties.

8. The president of the senate shall appoint one member of the senate who shall serve as cochairperson. The president of the senate may appoint up to two additional members of the senate from different political parties.

9. The governor may appoint up to two additional members from different political parties.

B. Appointed Members who are appointed pursuant to subsection A, paragraphs 1 through 6 of this section serve at the pleasure of the appointing authority. The initial members shall assign themselves by lot to terms of two, three and four years. All subsequent members serve four-year terms of office. The cochairpersons shall notify the governor's office of these terms. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. The board 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 adult sex offenders, including adult sex offenders with developmental disabilities and serious mental illness. The recommended procedures shall:

(a) Provide for evaluating adult sex offenders.

(b) Recommend management, monitoring and treatment based on existing research.

2. Develop a procedure for evaluating, 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 recommend methods of intervention for adult sex offenders. The methods must prioritize the physical and psychological 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 and serious mental illness. 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 subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 4 of this subsection. At least eighty percent of the members of the subcommittee 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 P and section 13-3824, subsection B. These recommendations 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 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 board 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 a paraphilic disorder, 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 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 board shall advise the legislature regarding revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board 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 recommended criteria 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 or who are deemed sexually violent persons. 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. Review the current delivery of services and the establishment of release conditions at the Arizona community protection and treatment center. The Arizona community protection and treatment center shall implement any guidelines and standards for sex offender treatment and supervision that are established by the board.

12. 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 board shall consider the safety issues raised by the location of adult sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of adult sex offender residences. The board 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.

13. 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 board 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.

14. 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 or the state department of 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 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 justice system, including juveniles with behavioral, mental health or co-occurring disorders.

15. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 13 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner.

16. 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 board shall make recommendations for the revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board shall also develop and prescribe a system to implement the guidelines and standards that are developed pursuant to paragraph 13 of this subsection.

17. 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 board 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 board 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 board pursuant to subsection D C, paragraph 4 of this section submit to the board data and information as determined by the board. The board 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 board any rulemaking or spending authority.

F. 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.

G. The board 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