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004.00.4-34. Juvenile Sex Offender Registration and Community Notification Assessment Advisemen...

AR ADC 004.00.4-34Arkansas 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 004.00.4-34
004.00.4-34. Juvenile Sex Offender Registration and Community Notification Assessment Advisement Form
[This document is for use in the registration of minor juveniles adjudicated delinquent in another state of a registerable sex offense who are living, working or attending school in Arkansas.]
Pursuant to Ark. Code Ann. § 12-12-906 (a)(2)(A) a sex offender who moves to or returns to Arkansas from another jurisdiction where he/she has been adjudicated guilty or delinquent of a sex offense is required to register as a sex offender. Said registration is conducted by the local law enforcement in the community where the offender lives, works and/or attends school. Registration must take place within seven (7) days of moving to the municipality of county of this State. A registered sex offender must submit to an assessment to determine the level at which community notification will be conducted. Ark. Code Ann. § 12-12-906(a)(2)(C).
The FAMILY TREATMENT PROGRAM, operating under the oversight of the Sex Offender Assessment Committee will conduct this assessment. The assessment procedures involves but is not specifically limited to, some or all of the follow components:
• Review of the youth's criminal history, with particular attention given to sexual and violent offenses.
• Interview with the youth by assessment staff. Parents or caregivers are expected to participate in the interview. Treatment providers, case managers, and others may also be interviewed.
• Thorough review of current and previous mental health records available to the assessor.
• Review of educational records, including grades, behavior, and assessment, as available.
• Review of psychological testing, if available.
• Child maltreatment reports, incident reports, disciplinary reports from facilities.
• Other information that is relevant to the youth's offense and general behavioral and emotional adjustment.
• Completion of appropriate actuarial instruments for youth who have been adjudicated for sexual offenses.
• Truth verification techniques
You will be photographed when you appear for your assessment. The assessment is based primarily on documented information as opposed to the opinions of your examiner. The information gathered from you may also be used in research projects at some future date.
You will be given an appointment for your assessment as soon as the Family Treatment Program has gathered sufficient information to conduct the assessment. You will receive notification of the date and time of your assessment by mail. If you show up for your appointment on time you may plan on the assessment lasting two (2) hours. If you are late, there is no guarantee your assessment can be completed that day. Repeated failures to show up on time will be considered refusal of assessment. You may be contacted to provide appropriate waivers to enable the Family Treatment Program to obtain required information. Any documents you wish the assessment process to consider must be submitted in advance of the assessment appointment.
You may refuse this assessment, but refusal to cooperate with any part of the assessment process is grounds for you to be charged with a Class C Felony. Additionally, if you refuse the assessment, you may be assigned the highest risk level. The chief law enforcement officer where you live will provide notice to the community of your level, and the Arkansas Crime Information Center will post your level on the Sex Offender Registration website. If you become disruptive or aggressive, either verbally or physically, you may be assigned the highest risk level by default and charged with a class C felony. Any refusal or noncompliance maybe reported to the sentencing court and supervising authorities.
The Risk Assessment and Profile Report and Offender Fact Sheet will be provided to the Department of Community Correction, your local Police & Sheriff's Departments, the local Prosecuting Attorney and the Arkansas Crime & Information Center. Information will be provided to the Post Prison Transfer Board and to therapists who are providing you with treatment, upon request. You will be advised of your community notification level by mail.
Sex Offender Screening & Risk Assessment files are not subject to the Freedom of Information Act.
The Sex Offender Screening and Risk Assessment is interested in the number of victims on whom you have offended and your sexual behavior and interests. Information you disclose about other victims during your assessment interview cannot be used to prosecute you unless the information provided is about a current child victim. As a mandated reporter the person conducting the assessment interview must report on going abuse to the appropriate investigative agency.
Please read this form carefully, then read the statement below and initial one of file boxes below.
[] I agree to comply with the assessment understanding that if I become disruptive or aggressive, either verbally or physically, I may be assigned the highest risk level and charged with a class “C” felony.
[] I refused to be assessed understanding I may be assigned the highest risk level and subject to prosecution for a class “C” felony.
________________________________________
PRINT Name of Juvenile Offender
________________________________________
_________________________
Signature of Juvenile Offender
DATE
________________________________________
Print Name of Parent or Guardian
________________________________________
_________________________
Signature of Juvenile's Parent or Legal Guardian
DATE
________________________________________
Print Witness Name and Title
________________________________________
_________________________
Signature of Witness, Title
DATE
NOTICE TO OFFENDER OF ASSESSED COMMUNITY NOTIFICATION LEVEL
Dear
You have been assessed and assigned a community notification level: _____
A copy of your Offender Fact Sheet, Community Notification-Assessment Report and a list of documents in the file are enclosed with this letter. Should you disagree with your assigned community notification level, you may challenge the level by requesting an administrative review. As part of that request you may request a copy of the any documents generated by FTP.
The request for an administrative review shall be postmarked in accordance with these instructions within fifteen (15) days of receipt of this letter. The basis of the request for administrative review shall be clearly and specifically stated and any newly obtained documentary evidence must be attached.
The basis for administrative review shall be that:
• The rules and procedures were not properly followed in reaching a decision on the community notification level of the individual (you must specify which rule or procedure allegedly was not followed);
• Documents or information not available at the time of assessment and having a bearing on the assessment that were not considered (documents or information must be submitted with the request for administrative review); or
• The assessment is not supported by substantial evidence (please be specific).
An offender fact sheet shall be made available to law enforcement so that community notification may commence pending completion of the administrative review.
Send any requests for review, along with your written documentation to: Sex Offender Assessment Committee, P.O. Box 6209 Pine Bluff, Arkansas 71611.
Sincerely,
RESOURCES
ADULT ASSESSMENTS
Sex Offender Screening & Risk Assessment
P.O. Box 6209
2403 E. Harding Ave.
Pine Bluff, AR 71611
Phone: (870) 850-8429
Fax: (870) 850-8446
SEX OFFENDER REGISTRATION
Arkansas Crime Information Center
322 South Main St Suite 615
Little Rock, AR 72201
Phone: (501) 682-2222
Fax: (501) 683-5592
JUVENILE ASSESSMENT
Family Treatment Program
Physical Address:
#11 Children's Way
Mailing Address:
#1 Children's Way, Slot 512-24B
Little Rock, AR 72202
Phone: (501) 3643348
Fax: (501) 364-3816
CHILD ABUSE HOTLINE
Arkansas State Police
(800) 482-5964
INFORMATION ABOUT ABUSE
Commission on Child Abuse, Rape & Domestic Violence
University of Arkansas for Medical Sciences
4301 W. Markham, Slot 606
Little Rock, AR 72205
Phone: (501) 661-7975
Fax: (501) 661-7977
VICTIM ASSISTANCE
Arkansas Crime Reparation
323 Center St., Suite 1100
Little Rock, AR 72201
Phone: (501) 682-1020
(800) 448-3014
Fax: (501) 682-5313

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 004.00.4-34, AR ADC 004.00.4-34
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