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004.00.3-16. Interview

AR ADC 004.00.3-16Arkansas Administrative Code

West's Arkansas Administrative Code
Title 004. Department of Corrections
Division 00.
Rule 3. Sex Offender Assessment Committee Guidelines and Procedures Community Notification Assessment Process
Ark. Admin. Code 004.00.3-16
004.00.3-16. Interview
A.C.A. § 12-12-917(b)(4)(B) protects any admissions to SOCNA made by the offender during the assessment interview from use in a criminal proceeding; therefore, the offender may not avoid answering any questions by claiming protection under the 5th amendment right to avoid self-incrimination. This protection does not relieve SOCNA staff of mandated reporting obligations.
Upon receipt of the necessary information the record will be assigned to and reviewed by a SOCNA interviewer in preparation for an interview. The interviewer may gather additional information.
Offenders residing in the community are required to travel to the SOCNA Offices at 2403 E. Harding Avenue in Pine Bluff, unless they are hospitalized or have a medical condition that would prevent them from traveling. In such cases, offenders must provide written documentation from a physician that the medical condition currently prevents them from traveling. In rare instances, if local law enforcement or a probation/parole officer is able to confirm the existence of a condition preventing an offender from traveling, SOCNA will work with that agency to ensure an assessment is conducted in the most appropriate setting.
Offenders will be given two opportunities to appear for an interview. The first notice will be sent first class mail. If the offender fails to appear, a second notice will be mailed by first class mail and by certified mail. SOCNA will send the letter scheduling the interview to the address registered with ACIC, unless the offender, law enforcement agency with jurisdiction, or the DCC provides SOCNA with a more recent address. Provision of a new address to SOCNA does not relieve the offender of the obligation to provide the current address directly to law enforcement. The offender shall have the burden of establishing evidence that he/she failed to receive both notices.
Interviews will be recorded. Video recording will be used if possible.
Information gathered during the interview includes, but is not limited to:
• Number of sex offense convictions.
• Number of offenses that were sexual in nature, but pled to another offense.
• Number of violent convictions/incidents.
• Manner in which the offender gains access to victims.
• Number of victims.
• Age & sex of victims.
• Relationship of offender to victims.
• How the offender gained compliance.
• Whether the offender has caused physical injury to victim(s).
• Deviant sexual interests.
• Any sadistic behavior/interest on the part of the offender.
• Any other information deemed necessary for the accurate completion of actuarial instruments and/or to accurately assess the offender.
The SOCNA psychologist will determine whether enough information exists within the SOCNA file to find the offender fits the criteria of a Sexually Dangerous Person. A SOCNA psychologist may participate in or conduct a supplemental interview of any offender who may fit the criteria for Sexually Dangerous Person. The psychologist will document his/her participation in the file, including any diagnoses made as a part of the assessment.
The salient aspects of the interview will be documented in a typed Assessment Report. The Assessment Report should include the official version of all known sex offenses and violent offenses, as well as the offender's version of these events. The information listed above and any other relevant information used to determine a community notification level should also be included; however, not all information in the case file can be written into the Profile Report.

Credits

Amended Jan. 18, 2013; Sept. 6, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 004.00.3-16, AR ADC 004.00.3-16
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