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ARIZONA LAW REQUIRING
SEX OFFENDER REGISTRATION

13-3821. Persons required to register; procedure; identification card

A. A person who has been convicted of a violation or attempted violation of any of the following offenses or who has been convicted of an offense committed in another jurisdiction which if committed in this state would be a violation or attempted violation of any of the following offenses shall, within ten days after the conviction or within ten days after entering and remaining in any county of this state, 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 pursuant to section 13-1406.01.

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.

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

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

13.
A second or subsequent violation of indecent exposure to a person under the age of fifteen years pursuant to section 13-1402, subsection B.

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

15.
A third or subsequent violation of indecent exposure pursuant to section 13-1402.

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

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

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 may complete the registration of any person who was convicted of 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 shall terminate when the person reaches the age of twenty-five.

E. A person who has been convicted of or adjudicated delinquent and required to register in the convicting 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 the age of twenty-five.

G. At the time of registering, the person shall sign a statement in writing giving such information as required by the director of the department of public safety, including all names by which the person is known. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the criminal identification section within the department of public safety and the chief of police, if any, of the place where the person resides.

H. Upon the person's initial registration and every year after the person's initial registration, the person shall obtain a nonoperating identification license or a driver license from the motor vehicle division in the department of transportation. Notwithstanding sections 28-3165 and 28-3171, the license shall be 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. The motor vehicle division shall make a copy of the photograph available to the criminal identification section of the department of public safety or to any law enforcement agency.

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

J. 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 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.

K. A person who is required to register pursuant to this section because of a conviction for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions, 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 for an offense for which registration is required pursuant to this section is required to register for life.


13-3822. Notice of change of address and change of name; forwarding of information

A. Within ten days after changing the person's address within a county or after changing the person's name, a person required to register under the provisions of this article shall inform the sheriff in writing of the person's new address or new name. Within three days after receipt of such information, the sheriff shall forward it to the criminal identification section within the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of such person to the chief of police, if any, of the place to which the person has moved.

B. Within seventy-two hours after a person moves from a county in which the person is registered, the person shall notify in writing the sheriff of the county from which the person moves. If the person is subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move. If the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered. If the person has not reregistered, the local law enforcement agency shall notify the local law enforcement agency in the county in which the person last resided. The local law enforcement agency in the county in which the person last resided shall conduct an investigation and shall submit a report to the appropriate county attorney.


13-3823. Access to records

Except for use by law enforcement officers and for dissemination as provided in section 41-1750, a statement, photograph or fingerprint required by this article shall not be made available to any person.


13-3824. Violation; classification

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.


13-3825. Community notification

A. Within seventy-two hours after a person who was convicted is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state, the agency that had custody or responsibility for supervision of the person who was convicted of committing an offense for which the person was required to register pursuant to section 13-3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification data base:

1. The offender's identifying information.

2. A risk assessment of the offender.

3. The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed.

B. Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall cross-reference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required by section 13-3821. If the person is not registered, the department of public safety shall notify the county attorney in the county in which the person was convicted or the interstate compact administrator for this state. If the person is registered, the department of public safety shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered.

C. After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty-five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

D. If a person who has been convicted of an offense in another state registers pursuant to section 13-3821, subsection A, the sheriff in the county in which the person registers shall forward the information to the chief law enforcement officer of the community in which the person resides. The chief law enforcement officer shall contact the state in which the person was convicted and shall obtain information regarding the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification risk assessment, the agency shall categorize the offender as a level two offender. Within forty-five days, the local law enforcement agency shall notify the community of the person's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.

E. On receiving notice pursuant to section 13-3822 that a person who is required to register has changed the person's address, the chief law enforcement officer of the community to which the person has relocated may notify that community of the person's relocation to the community, pursuant to subsection C of this section. If the community does not have a local law enforcement agency, the sheriff of the county to which the person has relocated shall notify the community of the person's relocation.

F. In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision to the county probation department or to the state department of corrections, as appropriate.

G. This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section.

H. This section does not apply to persons subject to the registration requirements in section 13-3821 as a result of offenses adjudicated by a juvenile court.


13-3826. Community notification guidelines committee; members; powers; duties; definition


(Rpld. 1/1/04)


A. The community notification guidelines committee is established consisting of the following members:

1. The attorney general or the attorney general's designee.

2. The chairman of the senate judiciary committee or its successor committee, who serves as an advisory member.

3. A member of the minority party in the senate who is appointed by the president of the senate and who serves as an advisory member.

4. The chairman of the house of representatives judiciary committee or its successor committee, who serves as an advisory member.

5. A member of the minority party in the house of representatives who is appointed by the speaker of the house of representatives and who serves as an advisory member.

6. Two sheriffs or their designees who are appointed by the president of the Arizona county attorneys and sheriffs association, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

7. Two chiefs of police or their designees who are appointed by the president of the Arizona association of chiefs of police, one of whom represents a city or town in a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a city or town in a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

8. Two county attorneys or their designees who are appointed by the chairman of the Arizona prosecuting attorneys' advisory council, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

9. Two county adult probation officers or their designees who are appointed by the chief justice of the supreme court, one of whom represents a county with a population of more than four hundred thousand persons according to the most recent United States decennial census and one of whom represents a county with a population of four hundred thousand persons or less according to the most recent United States decennial census.

10. One state adult parole administrator or the administrator's designee who is appointed by the governor.

11. The director of the department of public safety or the director's designee.

12. The director of the department of transportation or the director's designee.

13. One person who is licensed under title 32, chapter 19.1 and who is appointed by the state board of psychologist examiners.

B. Appointed members serve two year terms.

C. The members of the committee shall elect cochairpersons from the membership of the committee. The members shall meet at a time and place set by the cochairpersons.

D. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The committee shall adopt community notification guidelines. The committee shall monitor the implementation of the community notification guidelines that the committee adopts. The guidelines shall provide for levels of notification based on the risk that a particular sex offender poses to the community. The notification requirements are as follows:

1. For level three offenders, the notification shall be made to the surrounding neighborhood, area schools, appropriate community groups and prospective employers. The notification shall include a flyer with a photograph and exact address of the offender as well as a summary of the offender's status and criminal background. A press release and a level three flyer shall be given to the local electronic and print media to enable information to be placed in a local publication. If a level three offender fails to register or reregister pursuant to section 13-3821 or 13-3822 and a warrant is issued, before the issuance of the warrant the law enforcement agency that requested the warrant shall assemble, print and distribute appropriate flyers regarding the offender.

2. For level two offenders, the notification may be made to the immediate neighbors, schools, appropriate community groups and prospective employers. The notification may include a flyer with a photograph and address or the general area where the offender will be residing as well as a brief general summary of the offender's status and criminal background. If a level two offender fails to register or reregister pursuant to section 13-3821 or 13-3822 and a warrant is issued, before the issuance of the warrant the law enforcement agency that requested the warrant may assemble, print and distribute appropriate flyers regarding the offender.

3. For level one offenders, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides. If a level one offender fails to register or reregister pursuant to section 13-3821 or 13-3822 and a warrant is issued, before the issuance of the warrant the law enforcement agency that requested the warrant may assemble, print and distribute appropriate flyers regarding the offender.

F. For the purposes of this section, "advisory member" means a member who advises other committee members during meetings but who is ineligible to vote and who is not a member for the purposes of determining if a quorum is present.


13-3827. Internet sex offender web site; investigation of records; immunity

A. The department of public safety shall establish and maintain an internet sex offender web site for offenders whose risk assessment has been determined to be a level two or level three. The purpose of the internet sex offender web site is to provide sex offender information to the public.

B. The internet sex offender web site shall include the following information for each convicted sex offender in this state who is required to register pursuant to section 13-3821:

1. The offender's name, address and date of birth.

2. A current photograph.

3. The offense committed and notification level pursuant to section 13-3826, subsection E, if a risk assessment has been completed pursuant to section 13-3825.

C. The department of public safety shall annually update on the web site the name, address and photograph of each sex offender.

D. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender web site.

E. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the web site, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

F. The department of public safety may petition the superior court for enforcement of subsection E of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

G. A person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.