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Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona State Senate

Issue Brief

August 3, 2018

ARIZONA SEX OFFENDER

REGISTRATION AND

NOTIFICATION

INTRODUCTION

Arizona sex offender registration and notification programs serve

a number of public safety purposes. Registration tracks sex offenders

following their release into the community and provides the

informational base for community notification, which involves

making information about released offenders readily available to the

public.

The focus of this issue brief is to provide background on the

Adam Walsh Act and to provide a more thorough understanding of

Arizona’s current sex offender registration and notification laws as

they apply to both juveniles and adults.

ADAM WALSH ACT

In 2006, Congress enacted the Adam Walsh Child Protection and

Safety Act of 2006 (Act), which establishes a comprehensive set of

minimum standards for sex offender registration and notification in

the United States. The states are required to substantially implement

Title I of the Act, which is the Sex Offender Registration and

Notification Act (SORNA), or face a 10 percent loss of federal

funding. The deadline for substantial implementation is three years

from the date of enactment (July 27, 2006), though Arizona was

granted extensions. In January 2015, the Arizona Department of

Public Safety (DPS) requested that the U.S. Department of Justice,

Office of Justice Programs, Office of Sex Offender Sentencing,

Monitoring, Apprehending, Registering and Tracking (SMART)

conduct a substantial implementation review of the relevant Arizona

statutes, policies and public registry website information. In

November 2015, the SMART Office determined that the State of

Arizona has not substantially implemented SORNA.

Note to Reader:

The Senate Research Staff

provides nonpartisan, objective

legislative research, policy

analysis and related assistance

to the members of the Arizona

State Senate. The Research

Briefs series is intended to

introduce a reader to various

legislatively related issues and

provide useful resources to

assist the reader in learning

more on a given topic. Because

of frequent legislative and

executive activity, topics may

undergo frequent changes.

Nothing in the Brief should be

used to draw conclusions on

the legality of an issue.

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

ARIZONA REGISTRATION AND

NOTIFICATION

Registration of Sex Offenders

Arizona Revised Statutes require persons

convicted of or adjudicated guilty except insane

for any of the following 20 different offenses to

imprisonment if the victim is under 18 years of

age; 2) kidnapping if the victim is under 18 years

of age; 3) sexual abuse if the victim is under 18

years of age; 4) sexual conduct with a minor; 5)

sexual assault; 6) sexual assault of a spouse; 7)

molestation of a child; 8) continuous sexual

abuse of a child; 9) taking a child for the purpose

of prostitution; 10) child sex trafficking, which

includes child prostitution; 11) commercial

sexual exploitation of a minor; 12) sexual

exploitation of a minor; 13) luring a minor for

sexual exploitation; 14) aggravated luring a

minor for sexual exploitation; 15) unlawful age

misrepresentation; 16) a second or subsequent

violation of indecent exposure to a person under

15 years of age; 17) a second or subsequent

violation of public sexual indecency to a minor

under 15 years of age; 18) a third or subsequent

violation of indecent exposure; 19) a third or

subsequent violation of public sexual indecency;

and 20) violations relating to the failure to

Upon conviction, a person who is required to

days to register with the sheriff of the county in

which the person resides. Sex offenders are

required to provide an electronic fingerprint, all

names by which they are known, any online

identifiers such as an email address or screen

name, a current photograph, a blood sample and

their mailing address. Before a sex offender is

released from incarceration, the Arizona

Department of Corrections (ADC), in

conjunction with DPS and the appropriate county

sheriff, must update the registration. After

releasing a sex offender from incarceration, ADC

has three days to forward the offender’s

completed registration information to DPS, as

well as to the sheriff of the county in which the

offender resides or intends to reside.

Juveniles adjudicated delinquent for certain

sexual offenses may also be required to register as

sex offenders; however, this duty may terminate

under certain scenarios. For instance, registration

for a person adjudicated delinquent terminates

when the offender turns 25 years of age, or upon

a court order following the successful completion

of probation if the offender was under the age of

18 when the offense was committed.

In addition to a juvenile’s requirement to

required to register may petition the court for an

order to terminate the duty to register.

Specifically, a defendant convicted of sexual

conduct with a minor who has successfully

completed a term of probation may file a petition

for termination if the defendant declares that: 1)

the defendant was under 22 years of age at the

time of the offense; 2) the victim was 15, 16 or 17

years of age at the time of the offense; 3) the

sexual conduct was consensual; 4) the defendant

did not violate any of the sex offender terms of

probation; 5) the defendant has not subsequently

committed another felony offense, sexual offense

or an offense regarding the sexual exploitation of

children; 6) the court has not determined probable

cause exists to believe the defendant is a sexually

violent person or such a proceeding is not

currently pending; 7) the violation did not involve

more than one victim; and 8) the defendant was

not sentenced to a term of imprisonment for the

offense. The prosecutor must be provided a copy

of the petition and the victim must be notified.

Any party may introduce evidence and all parties,

including the victim, must have an opportunity to

be heard at the hearing. The court must approve

the petition unless: 1) the state establishes by a

preponderance of the evidence that a factor above

has not been met; 2) the court finds a factor has

not been met; or 3) the court finds that a denial is

in the best interests of justice or tends to ensure

public safety.

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

Currently in Arizona, failure to register as a

sex offender is a class 4 felony.

Sexually Violent Persons — History

Courts have upheld the states’ involuntary

commitment statutes in order to detain people

who are unable to control their behavior or are

found to have a mental illness, thereby posing a

danger to both themselves and the public. The

conditions surrounding confinement of sexually

violent persons (SVP) are similar to conditions

for civilly committed patients and are not for a

punitive purpose.

In 1995, the Arizona Legislature enacted

SVP statutes, to protect the citizens of Arizona

from repetitive, predatory sex offenders by

enabling certain offenders to be civilly

committed to the Arizona State Hospital (State

Hospital), upon completion of the offender’s

prison term. Three years later, Arizona’s SVP

statutes were revised to conform with the Kansas

Sexually Violent Predator Act (Kansas Act), the

constitutionality of which was upheld by the U.S.

Supreme Court in Kansas v. Hendricks 521 U.S.

346 (1997) and revisited five years later in

Kansas v. Crane, 534 U.S. 407 (2002)

(narrowing the class of persons subject to

involuntary civil commitment to those who have

serious difficulty controlling their behavior).

In 2002, the Arizona Supreme Court

examined Arizona’s SVP statutes and determined

that the statutes met the substantive due process

principles specified in Hendricks and Crane

because the statutes “[impose] proper procedures

and evidentiary standards and sufficiently

narrows the class of persons subject to civil

commitment.”

In May 2010, the U.S. Supreme Court held that the portion of the

Adam Walsh Act allowing a district court to order the civil

commitment, beyond the date the prisoner would otherwise be

released, of a sexually dangerous federal prisoner was

constitutional (U.S. v. Comstock, 560 U.S. 126 (2010)).

In re the Matter of Leon G., 204 Ariz. 15, 59 P.3d 779 (2002).

Sexually Violent Persons — Implementation

The SVP Program is administered by the

Arizona Department of Health Services (DHS)

and the State Hospital. Persons convicted of a

sexually violent offense, such as sexual conduct

with a minor, sexual assault or molestation of a

child, are required to undergo a psychological

screening near the end of their incarceration to

determine if the individual is an SVP. To be

classified as an SVP an offender must: 1) have

been convicted of or found guilty but insane of a

sexually violent offense; 2) have been charged

with a sexually violent offense and found

incompetent to stand trial; or 3) have a mental

disorder that makes him or her likely to engage in

acts of sexual violence.

If the screening raises concerns that an

individual may be an SVP, the county may file a

petition alleging probable cause. The individual is

detained if a judge makes the determination that

probable cause exists. The individual can file a

motion for a probable cause hearing (hearing)

where the court will either dismiss the petition or

reaffirm the probable cause finding and order an

evaluation to determine whether the individual is

an SVP. A trial must be held within 120 days of

the filing to ascertain whether or not the

individual is an SVP and the inmate, while

awaiting the hearing, remains at the State

Hospital. If the individual is adjudicated an SVP,

the individual either remains at the State Hospital

or is placed in a Less Restrictive Alternative

(LRA) Program. The LRA Program consists of

six levels and integrates individuals into the

community in stages. The SVP population is

housed in the Arizona Community Protection and

Treatment Center at the State Hospital, which is

separate from other facilities on the State Hospital

campus. Once at the SVP unit, the individual is

evaluated and a treatment plan is developed.

Counselors work with individuals to help them

recognize and change their behavior.

As a result of Crane and In re Matter of Leon

G. in 2002, Arizona adopted a community

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

reintegration approach to evaluate individuals to

ensure that civil commitment is narrowed to

those who have serious difficulty controlling

their behavior. This has led to a shift in the

residential settings for individuals who are

determined to be SVPs. According to the Joint

Legislative Budget Committee DHS Program

Summary Chart, the number of individuals in

pretrial detainment and full confinement has

decreased since 2001, while the LRA Program

has increased, from 17 percent of the total

population in FY 2001 to 65 percent in FY 2008.

Annually, an SVP may petition the court to

be released from the State Hospital or to be

moved to a less restrictive setting. At a discharge

hearing, the state must prove that the individual’s

condition has not changed and that he or she is

still a threat to the public.

Community Notification

Once a sex offender or an SVP has been

registered and released, the surrounding

community is notified. The Community

Notification Guidelines Committee, consisting of

adult probation officers, county attorneys,

sheriffs, chiefs of police and legislators, was the

entity charged with devising and implementing

community notification guidelines. These

guidelines provide three levels of notification

based on the risk that a particular sex offender

poses to the surrounding community, with a level

three being the most dangerous or likely to

reoffend. Local law enforcement agencies are

required to evaluate registered sex offenders who

have been released on probation, and categorize

each offender into a particular notification level.

The notification guidelines are as follows:

Level Three Offenders – Notification is made

to the surrounding neighborhoods, schools and

appropriate community groups as well as any

prospective employers. A flyer is produced that

includes a photo of the offender, an exact address

and a summary of the offender’s status and

criminal background. Additionally, a press

release is given to the local media services. If a

level three offender fails to register, an arrest

warrant is issued and the community is notified.

Level Two Offenders – Notification is made

to the immediate neighbors, schools, appropriate

community groups and prospective employers.

Notification may also include a flyer with a photo

of the offender, the address of the general area

where the offender will be living and a brief

summary including the offender’s status and

criminal background. An arrest warrant is issued

and notification may be made if the offender fails

to register.

Level One Offenders – The local law

enforcement agency that is responsible for

community notification must maintain

information about a level one offender. This

information may be shared with other law

enforcement agencies and notification may be

provided to the people with whom the offender

resides. If the offender fails to register,

notification may be made and a warrant is issued

for the offender’s arrest.

Sex Offender Tracking/Monitoring

DPS is responsible for creating and

maintaining an internet sex offender website to

provide information to the public about sex

offenders who are categorized as level two or

level three offenders. Additionally, the website

must provide information to the public about

level one offenders convicted of or adjudicated

guilty except insane for the following offenses: 1)

sexual assault; 2) sexual exploitation of a minor

under certain circumstances; 3) commercial

sexual exploitation of a minor; 4) sexual abuse,

molestation of a child, taking a child for the

purpose of prostitution, sexual conduct with a

minor or continuous sexual abuse of a child if the

victim is under 12 years old; 5) luring or

aggravated luring a minor for sexual exploitation

if the victim is under 12 years old; and 6) child

sex trafficking, which now includes child

prostitution. The information provided includes

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

the offender’s name, age, address, current

photograph and a description of the offense the

individual was convicted of, as well as the

individual’s notification level. Statute requires

DPS to update the website annually. DPS obtains

current sex offender information using

registration records maintained by the Arizona

Criminal Justice Information System or through

the Motor Vehicle Division (MVD).

Additionally, DPS is required to maintain a

separate database, within the sex offender

website, that contains any online identifiers, such

as an email address, being used by a level two or

level three offender.

Arizona limits the validity of its driver

licenses and identification cards issued to

registered offenders to one year from the date of

issuance. Registered offenders are required to

show proof of a current address upon application

for renewal of a license or identification card and

must also have an updated photo taken every year

at MVD. MVD makes copies of the offender’s

information available to the criminal

identification section at DPS or to any law

enforcement agency.

Residency Restrictions

To curtail the event of multiple registered sex

offenders living within close proximity of one

another, or “clustering,” the Legislature enacted

residency restrictions for certain offenders who

are required to register. Statute prohibits an adult

probation officer in counties with more than 2.5

million persons (currently Maricopa County)

from approving the residence of a registered sex

offender on probation in any multifamily

dwelling unless the number of registered sex

offenders on probation residing in the dwelling is

less than 10 percent of the total number of units

in the dwelling. Additionally, adult probation

officers in counties with more than 2.5 million

persons are not permitted to approve the

residence of more than one level three sex

offender on probation in a multifamily dwelling.

These requirements were repealed January 1,

2011.

Legislation enacted in 2007 and 2008 created

additional residency restrictions for level three

offenders who are not currently serving a term of

probation. The restrictions prohibit level three

offenders who have been convicted of a

dangerous crime against children from residing

within 1,000 feet of a public or private school or a

child care facility within Arizona. In 2018,

legislation was enacted that prohibits offenders of

any level from knowingly establishing a residence

within 1,000 feet of the real property on which

the person's former victim resides. The 2018

legislation provides an exception for offenders

who receive written consent from the victim.

Additionally, it is a defense to the unlawful

residency if the offender moves within 30 days of

receiving actual knowledge of the victim's

residency if the offender does not have contact

with the victim during that 30-day period.

JUVENILES

Juveniles Prosecuted as Adults

In 1996, voters approved Proposition 102,

also known as the Juvenile Justice Initiative,

which amended the Arizona Constitution to allow

a juvenile criminal defendant 15 years of age and

older to be tried as an adult if the juvenile is

accused of certain violent felony offenses or if the

juvenile is a chronic felony offender (Ariz. Const.

Art. 4, Pt. 2, §22). Laws 1997, Chapter 220,

implemented the Juvenile Justice Initiative by

amending and creating numerous statutes

pertaining to how Arizona prosecutes,

incarcerates and cares for juvenile criminal

offenders. Specifically, statute requires the county

attorney to prosecute a juvenile who is 15, 16 or

17 years of age as an adult if the juvenile is

accused of any of the following offenses: 1) first

degree murder; 2) second degree murder; 3)

forcible sexual assault; 4) armed robbery; 5) any

other violent felony offense; or 6) any felony

offense committed by a chronic felony offender.

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

The county attorney also has the discretion to

prosecute a 14-year-old juvenile offender as an

adult if the juvenile is accused of a class 1 felony,

a class 2 felony or a class 3 felony relating to a

preparatory offense, homicide, assault,

kidnapping, certain sexual offenses, criminal

trespass, criminal damage to property, arson,

robbery, organized crime, fraud or terrorism.

Juvenile Sex Offenders

In 2007, the Legislature enacted several

changes to Arizona statutes relating to sex

offenders adjudicated delinquent for, or

convicted of, certain sexual offenses. Laws 2007,

Chapter 176, permits the transfer of juveniles

being prosecuted as adults for specific sexual

offenses to the juvenile court, allows certain

probationers to request annual probation review

hearings and impacts the placement of certain sex

offenders in a group mental health treatment

program.

A juvenile prosecuted as an adult for sexual

offenses or for the sexual exploitation of children

may request a hearing to determine if the

jurisdiction of the criminal prosecution should be

transferred to the juvenile court. The court itself

may also motion to have a transfer hearing for a

juvenile; however, the court is statutorily

required to hold the hearing if a juvenile is

prosecuted as an adult for an offense that was

committed more than 12 months before the date

of the filing of the criminal charge.

Before transferring the jurisdiction of the

prosecution to the juvenile court, the judge must

find, by clear and convincing evidence, that the

transfer would best serve both the safety of the

public and the rehabilitation of the juvenile. In

making this decision, a judge must consider

certain factors, including the seriousness of the

offense involved, the record and previous history

of the juvenile, the degree of the juvenile’s

participation in the offense and the juvenile’s

mental and emotional condition.

If the transfer is approved, the juvenile may

be released to the court, to a detention center

designated by the juvenile court or to the custody

of the juvenile’s parent or guardian. If the

juvenile is released to a parent or guardian, it is

the parent’s responsibility to bring the juvenile

before the juvenile court at the appropriate time.

Additionally, certain probationers convicted

of specific sexual offenses may request a

probation review hearing (hearing) at least once a

year in an effort to eliminate their duty to register.

To be eligible to request the hearing a probationer

must be under 22 years of age and must have

been convicted of an offense that occurred when

the probationer was under 18 years of age,

requiring the probationer to register as a sex

offender.

The probation department charged with

supervising the probationer is required to prepare

and submit a probation report to the court prior to

the hearing. The prosecutor, the attorney for the

probationer, the victim or the victim’s attorney

and the probation officer managing the

probationer must be notified of the hearing. The

court, upon the conclusion of a hearing, has the

authority to suspend or terminate any duty to

hold a prehearing with the parties involved to

discuss and advise the court concerning the

modification or termination of the juvenile’s

probation, registration as a sex offender or

community notification.

If the court or the adult or juvenile probation

department places a sex offender in a group sex

offender treatment program, the treatment

provider, whether that be ADC, the Arizona

Department of Juvenile Corrections or another

treatment provider, must place the offender in a

treatment program with similar offenders of a

similar age and developmental maturity level. Sex

offender treatment programs are required to

adhere to the code of ethics from the Association

for the Treatment of Sexual Abusers and are

prohibited from using materials that contain

obscene images of children.

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

Arizona Sex Offender Registration and Notification

Varying forms of treatment are available for

all sex offenders; however, offenders ordered to

participate in this type of group treatment must

be 21 years of age or younger and must have

been adjudicated delinquent for, or convicted of,

a sexual offense or an offense involving the

sexual exploitation of children that does not

involve the discharge, use or threatening

exhibition of a deadly weapon or dangerous

instrument.

ADDITIONAL RESOURCES

• Arizona Department of Public Safety

Sex Offender Compliance

https://www.azdps.gov/services/public/sex-

offender

• U.S. Department of Justice, Office of Justice

Programs, SMART Office

https://www.smart.gov/

• Joint Legislative Budget Committee Staff

Program Summary, Department of Health

Services, Sexually Violent Persons

http://www.azleg.gov/jlbc/psdhssvp.pdf

• Maricopa County Attorney’s Office

• Sex Offender Notification Information Brief

http://www.mcaodocuments.com/brochures/

Sex_Offender_b.pdf

• Prosecution of Juveniles as Adults: Arizona

Constitution, Article 4, Part 2, Section 22;

A.R.S. Title 13, Chapter 5, § 13-501

• Registration of Sex Offenders Statutes:

A.R.S. Title 13, Chapter 38, Article 3

• Residency Restrictions Statutes:

A.R.S. Title 13, Chapter 9, § 13-922

• Annual Probation Review Hearing:

A.R.S. Title 13, Chapter 9, § 13-923

• Sexually Violent Persons Statutes:

A.R.S. Title 36, Chapter 37, Article 1