Home Table of Contents

004.00.4-21. Administrative Review

AR ADC 004.00.4-21Arkansas Administrative Code

West's Arkansas Administrative Code
Title 004. Department of Corrections
Division 00.
Rule 4. Sex Offender Assessment Committee 2014 Assessment Guidelines and Procedures for Minor Adjudicated Delinquent of Sex Offense in Another Jurisdiction and Moving to Arkansas
Ark. Admin. Code 004.00.4-21
004.00.4-21. Administrative Review
The offender's request for an administrative review must be made, in writing, within fifteen (15) days of receipt of the advisement of the assessment level notification sent to the offender by certified mail and first class mail; receipt of the advisement of the community level notification will be presumed within five (5) days of postmark. The offender is responsible for delivery of the request for administrative review to FTP. The offender should send a written request for administrative review to FTP Treatment Program, Registration Risk Assessments, #1 Children's Way, Slot 512-24B, Suite 401, Little Rock, AR 72202.
The offender must clearly state and support, with documentary evidence attached to the request, his/her basis for the administrative review. The following shall be considered as a basis for administrative review:
• The rules and procedures of the FTP were not properly followed in reaching a decision of the community notification level of the sex offender;
• 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
• The assessment is not supported by substantial evidence.
The administrative review is a review of the record only and is conducted by a member of the SOAC. The offender has no right to a hearing in which he/she will appear and/or call witnesses.
Upon receipt of a request for an administrative review, FTP will forward the request and the administrative record to the SOAC reviewing official. The SOAC reviewing official will review the administrative record and determine whether to uphold the assessment or submit the review to the full SOAC for modification consideration. A majority vote of SOAC will be required to modify the notification level based upon the administrative review. If an administrative review cannot be completed within thirty (30) days of receipt of the request for administrative review, the reviewing official shall notify the offender of the delay by regular mail. Upon completion of the administrative review, the results will be documented and forwarded to the offender by certified mail. For those incarcerated, service shall be as provided in the Arkansas Rules of Civil
Procedure or by personal delivery to the offender. Community notification at the level assigned in the administrative review will commence five (5) days after the postmark of the administrative review decision to the offender.
During the Administrative Review, the local law enforcement agency having jurisdiction may make community notification at the initial level of assessment Ark. Code Ann. § 12-12-922(b)(5). FTP will notify law enforcement of the conclusion and results of the administrative review and community notification will be adjusted pursuant to any change in the level assigned.

Credits

Adopted Aug. 13, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.00.4-21, AR ADC 004.00.4-21
End of Document