172.00.10-8. Hot Springs Rehabilitation Center.
AR ADC 172.00.10-8Arkansas Administrative Code
Ark. Admin. Code 172.00.10-8
172.00.10-8. Hot Springs Rehabilitation Center.
Sex Offender Policy
Purpose: To ensure that a safe environment is provided to the staff and students of the facility so that our mission of working with people with physical and emotional challenges may receive employment outcomes.
Scope: The HSRC/ACTI Personnel Policy applies to all staff of the Hot Springs Rehabilitation Center and its potential clients/students.
Policy Statement: The Hot Springs Rehabilitation Center/Arkansas Career Training Institute is a comprehensive vocational rehabilitation facility that residential treatment services to students (male & female) ages 16 through adult. Therefore, we believe that the facility should consider the following as it relates to sex offenders.
Level 1 offenders are classified as Low Risk
Level 2 offenders are classified as Moderate Risk
Based upon the above classifications HRSC/ACTI can consider Level 1 or 2 offenders for possible enrollment, depending on the circumstances surrounding the offender's offense, treatment, service need, and potential outcomes as presented by the ARS Field Counselor and as determined by a required risk assessment process conducted by the Admissions Review Committee.
Level 3 offenders are classified as High Risk
Level 4 offenders are classified as Sexually Violent Predator
Based upon these classifications, these applicants will not be considered for enrollment. Due to the severity and the nature of their classification as potential repeat offenders, it would create an endangerment to our residential facility. Also House Bill 1011 Act 330 of 2003 section 3 states that it is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, 1212-901 et seq. and who has been assessed as a Level 3 or 4 offender to reside within two thousand feet (2,000) of the property on which any public or private elementary or secondary school or daycare facility is located.
Notification Guidelines: The above named Level offender classifications will be required to notify segments of the community and other individual or agencies according to the attached regulations: See Notification Pages 21, 22, 23.
Individuals, who refuse, deliberately provide false or misleading information during an interview will be assigned to the highest level at risk.
Notification Guidelines (Section 13): The notification guidelines indicate which segments of the community must be notified. Notification given to any individual or agency does not authorize that individual or agency to disseminate information beyond those residing with the individual or those who have a need to know within the agency.
Generally, the higher the risk level assigned, the broader the notification that must be given. These notification guidelines apply to adult offenders and to juvenile offenders ordered by the court to register. The guidelines should be interpreted narrowly in the case of a juvenile in accordance with the level of confidentially afforded by the juvenile justice system. It is the responsibility of the Chief Law Enforcement Officer to interpret these guidelines and prepare a notification plan. Should circumstances change that may increase the offender's risk to the community, it is the responsibility of the Chief Law Enforcement Officer to modify the existing notification plan or request a reassessment.
Discretion must be used in applying the guidelines to any offender. The harm that may be caused by a particular notification must be weighed against the protection that would be afforded the public. For example, notifying the neighbors about a Level 1 or Level 2 incest offender may further victimize the offender's spouse and child if the offender's family is known in the community.
The initial steps toward notification occur as part of the risk assessment process. The Arkansas Department of Correction is responsible for notification occur as part of the risk assessment process. The Arkansas Department of Correction is responsible for notifying the sheriff and the chief of police, ACIC, the offender, any supervising agencies, and the victim. Sheriffs and chiefs of police are encouraged to have a written working agreement to ensure that all offenders in their jurisdictions are properly registered. The notification guidelines shown below and any special recommendations will be attached to the Offender Fact Sheet.
Level 1/Low Risk
* The law enforcement agency having jurisdiction, and other law enforcement agencies likely to encounter the offender. This may include state and federal law enforcement agencies, campus police, school safety officers, and the like.
* The offender. The fact sheet will be mailed to the offender at the same time that it is mailed to the Chief Law Enforcement Officer having jurisdiction. If the offender requests an administrative review, the Chief Law Enforcement Officer will be notified and asked to limit community notification to that indicated for Level 1 and any citizens thought to be at immediate risk, until the review has been completed.
* All adult members of the household where the offender is residing or intends to reside, unless the offender is residing or intends to reside in a residential treatment facility, group home, foster home, half-way house, or other supervised living arrangement, in which case only the residence supervisor or foster parent should be notified.
* Victims or guardians of victims of adult offenders are notified through the VINE systems operated by the Arkansas Department of Corrections. Victims or guardians of juvenile offenders should be notified by law enforcement. Level 2/Moderate Risk
* All parties specified in level 1 must be notified.
* The heads of agencies and organizations that serve individuals in the offender's target group must be notified. This may include but is not limited to schools, day care centers, community and youth groups, religious organizations, libraries, the Department of Human Services, women's organizations and shelters, park security, businesses frequented by children.
* State licensing boards and prospective employers will be notified if requested by the licensing board or by the human resources manager for the employer, or if law enforcement sees the type of employment as bringing the offender and potential victims into contact.
Level 3/High Risk
* All of the entities and individuals listed for Levels 1 and 2 must be notified, including those designated as “discretionary” unless to do so would cause harm to the victim(s).
* Notification must be made to any member of the community whom the offender is known to be likely to encounter, based on the offender's prior history, recreational or religious interests, employment, or the characteristics of the offender's victims.
* Notification should be conducted by methods devised to notify all members of the public likely to encounter the offender. This should be done face-to-face between law enforcement and citizens to the extent possible. Those likely to encounter the offender, including all neighbors, are to be given an Offender Fact Sheet and cautioned about the appropriate use of the information.
* Offender Fact Sheet information on offenders rated at Level 3 (high risk) or Level 4 (Sexually Violent Predator) will be available to the public on the ACIC web site (http://www.adic.org/). Level 4/Sexually Violent Predator
* All of the entities and individuals listed for Levels 1 through 3 must be notified.
* Notification of members of the general public in the vicinity of where the offender lives travels, and works, should be done. It is preferable to notify these individuals in a face-to-face meeting, and to encourage assistance in monitoring the offender rather than instigating harassment, fear or hatred. However, open community meetings or meetings with neighborhood watch groups are also acceptable.
* Any individual having good reason may request an Offender Fact Sheet from the Chief Law Enforcement Officer. Each individual given an Offender Fact Sheet must be advised that it is not for publication, but may only be used in accordance with the law and these guidelines.
* The Department of Community Correction will be asked to provide intensive supervision, if the offender falls under the jurisdiction of that agency.
* Polygraphing will be done on reassessments, unless clearly contraindicated in view of the Sex Offender Assessment Committee.
* Community meetings may be held to inform residents of the area in which the offender is likely to be found.
* Printed materials, posters, and electronic media may be used to notify and inform the public in the most necessary and potentially dangerous situations.
* The Offender Fact Sheets of all Sexually Violent Predators will be available to the public on the ACIC website.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 172.00.10-8, AR ADC 172.00.10-8
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