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004.00.3-21. Sexually Dangerous Person (“SDP”)

AR ADC 004.00.3-21Arkansas 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 004.00.3-21
004.00.3-21. Sexually Dangerous Person (“SDP”)
Currentness
Sexually Dangerous Person refers to a person who has been adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sex offenses. The designation indicates that the highest and most visible means of community notification should be conducted on these offenders. Sexually Dangerous Person status should be considered for the following:
• Offenses involved multiple instances with multiple victims;
• The offender caused or threatened serious harm to the victim(s);
• The offense(s) involved bizarre, ritualistic, or sadistic behaviors;
• The offense(s) involved attempts on the part of the offender to manipulate him/herself into a position of power or authority over, or establish a relationship with the victim for the primary purpose of violation, exploitation, or victimization; and/or
• Evidence of sexual deviancy or psychopathy exists.
Potential routes for determination as to whether an individual should be designated a Sexually Dangerous Person:
1. Pursuant to § 12-12-918, a prosecutor may allege SDP status and upon conviction, the Court shall enter an order for an assessment by an examiner qualified by the SOAC. SOCNA will prepare a report to be sent to the Court with copies to the prosecuting attorney and the defense attorney. Upon receipt of a report, the Court shall determine if SDP status is appropriate.
2. Pursuant to A.C.A. § 12-12-922, if during the course of a SOCNA assessment grounds are found for believing that an individual may be a SDP, that information will be presented to the SOAC by SOCNA. SOAC will determine whether the offender meets the criteria for SDP by a majority vote.
Sex Offenders moving into the State of Arkansas from other states will be considered Sexually Dangerous Persons, if that or an equivalent, determination has been made by the sending state. If terminologies or criteria differ, SOCNA will request the offender's assessment file. SOCNA may make a determination based on that file or may require the offender to submit to assessment in Arkansas.

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 004.00.3-21, AR ADC 004.00.3-21
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