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004.00.4-3. Sex Offender Registration Law for a Minor Sex Offender Moving to Arkansas

AR ADC 004.00.4-3Arkansas 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 004.00.4-3
004.00.4-3. Sex Offender Registration Law for a Minor Sex Offender Moving to Arkansas
Currentness
Ark. Code Ann. § 12-12-905 requires that the following persons must register:
(a) The registration or registration verification requirements of this subchapter apply to a person who:
(1) Is adjudicated guilty on or after August 1, 1997, of a sex offense, aggravated sex offense, or sexually violent offense;
(2) Is serving a sentence of incarceration, probation, parole, or other form of community supervision as a result of an adjudication of guilt on or after August 1, 1997, for a sex offense, aggravated sex offense, or sexually violent offense;
(3) Is acquitted on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense;
(4) Is serving a commitment as a result of an acquittal on or after August 1, 1997, on the grounds of mental disease or defect for a sex offense, aggravated sex offense, or sexually violent offense; or
(5) Was required to be registered under the Habitual Child Sex Offender Registration Act, former § 12-12-901 et seq.
(b) A person who has been adjudicated guilty of a sex offense and whose record of conviction will be expunged under the provisions of §§ 16-93-301 -- 16-93-303 is not relieved of the duty to register or verify registration.
(c) (1) If the underlying conviction of the registrant is reversed, vacated, or set aside or if the registrant is pardoned, the registrant is relieved from the duty to register or verify registration.
(2) Registration or registration verification shall cease upon the receipt and verification by the Arkansas Crime Information Center of documentation from the:
(A) Court verifying the fact that the conviction has been reversed, vacated, or set aside; or
(B) Governor's office that the Governor has pardoned the registrant.
Ark. Code Ann. § 12-12-906 requires registration for sex offenders moving to Arkansas.
§ 12-12-906(a) Duty to register or verify registration generally -- Review of requirements with offenders.
(2) (A) A sex offender who moves to or returns to this state from another jurisdiction and who would be required to register as a sex offender in the jurisdiction in which he or she was adjudicated guilty or delinquent of a sex offense shall register with the local law enforcement agency having jurisdiction within seven (7) calendar days after the sex offender moves to a municipality or county of this state.
(B) (i) Any person living in this state who would be required to register as a sex offender in the jurisdiction in which he or she was adjudicated guilty or delinquent of a sex offense shall register as a sex offender in this state whether living, working, or attending school or other training in Arkansas.
(ii) A nonresident worker or student who enters the state shall register in compliance with the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, as it existed on January 1, 2007.
(C) A sex offender sentenced and required to register outside of Arkansas shall:
(i) (a) Submit to assessment by Community Notification Assessment if he or she is at least eighteen (18) years of age at the time he or she enters this state to live, work, or attend school.
(b) If he or she is under the age of eighteen (18) at the time he or she enters this state to live, work, or attend school, he or she shall submit to assessment by the UAMS Family Treatment Program or other agency or entity authorized to conduct juvenile sex offender assessments;
(ii) Provide a deoxyribonucleic acid (DNA) sample if a sample is not already accessible to the State Crime Laboratory; and
(iii) (a) Pay the mandatory fee of two hundred fifty dollars ($250) to be deposited into the DNA Detection Fund established by § 12-12-1119 within ninety (90) days from the date of registration.
(b) Failure to pay the fee required under subdivision (a)(2)(C)(iii)(a) of this section is a Class A misdemeanor.
Pursuant to Ark. Code Ann. § 9-27-356, the Arkansas Juvenile Court determines whether or not a juvenile, adjudicated delinquent of a sex offense in Arkansas, is required to register.

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 004.00.4-3, AR ADC 004.00.4-3
End of Document