Alternative procedure for sexually dangerous person evaluations — Administrative review of assigned risk level

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  2. Arkansas Code
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  4. Law Enforcement Agencies and Programs
  5. Crime Reporting and Investigations
  6. Sex Offender Registration Act of 1997
  7. Alternative procedure for sexually dangerous person evaluations — Administrative review of assigned risk level

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  1. (a)

    1. (1) The alternative procedure under this section may be used for sexually dangerous person evaluations if information that was not available to the court at the time of trial emerges in the course of a sex offender evaluation.

    2. (2)

      1. (A) Examiners qualified by the Sex Offender Assessment Committee shall include in the assessment of any sex offender convicted of a sex offense a review as to whether the frequency, repetition over time, severity of trauma to the victim, or established pattern of predatory behaviors suggests that the sex offender is likely to engage in future predatory sexual offenses.

      2. (B) If a mental abnormality or personality disorder is suspected, a licensed psychologist or psychiatrist qualified by the committee may conduct further assessment to determine the presence or absence of a mental abnormality or personality disorder.

      3. (C) If further assessment under subdivision (a)(2)(B) of this section is conducted by a licensed psychologist or psychiatrist qualified by the committee, the report of the further assessment shall be presented to the committee.

  2. (b)

    1. (1)

      1. (A) A sex offender may challenge an assigned risk level by submitting a written request for an administrative review.

      2. (B) As part of the request for an administrative review, the sex offender may request in writing copies of all documents generated by the examiners, a listing by document name and source of all documents that may be available from other agencies having custody of those documents, and a copy of the tape of the interview.

    2. (2) The request for an administrative review shall be made in accordance with instructions provided on the risk level notification and within fifteen (15) days of receipt of the advisement of risk level notification to the sex offender by certified mail and first-class mail.

    3. (3)

      1. (A) The basis of the request for administrative review shall be clearly stated and any documentary evidence attached.

      2. (B) The basis for administrative review is:

        1. (i) The rules and procedures were not properly followed in reaching a decision on the risk level of the sex offender;

        2. (ii) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or

        3. (iii) The assessment is not supported by substantial evidence.

    4. (4) Unless a request for an administrative review is received by the committee within twenty (20) days of postmark of the advisement of risk level notification sent to the sex offender sent by certified mail and first-class mail or delivered by personal service, an offender fact sheet shall be made available to law enforcement so that community notification may commence. Receipt of the advisement of risk level notification will be presumed within five (5) days of postmark of the advisement of risk level notification by both certified mail and first-class mail.

    5. (5) If a request for an administrative review is received by the committee, the local law enforcement agency having jurisdiction may make community notification at the level upon which administrative review has been requested.

    6. (6)

      1. (A) A member of the committee shall conduct the review and respond within thirty (30) days of receiving a request for an administrative review.

      2. (B) If additional time is needed to obtain facts, the committee shall notify the sex offender requesting the review.

    7. (7)

      1. (A)

        1. (i) The findings of the administrative review shall be sent to the sex offender by certified mail. Community notification at the risk level assigned in the administrative review shall commence five (5) calendar days after the postmark of the advisement of the findings of the administrative review.

        2. (ii) Upon receipt of the findings, the sex offender has thirty (30) days to file a petition under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for judicial review in the Pulaski County Circuit Court or in the circuit court of the county where the sex offender resides or does business.

      2. (B) The circuit court shall refuse to hear any appeal of an assigned risk level by a sex offender unless the circuit court finds that the administrative remedies available to the sex offender under this subsection have been exhausted.

    8. (8)

      1. (A)

        1. (i) A copy of the petition for judicial review shall be served on the executive secretary of the committee in accordance with the Arkansas Rules of Civil Procedure.

        2. (ii) When the petition for judicial review has been served on the executive secretary of the committee, a record of the committee's findings and copies of all records in its possession shall be furnished by the committee to the circuit court within thirty (30) days of service.

      2. (B) The committee may ask the circuit court to seal statements of victims, medical records, and other items that could place third parties at risk of harm.

    9. (9) A ruling by the circuit court on the petition for judicial review is considered a final judgment.


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