2019 Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 12 - Crime Reporting and Investigations
Subchapter 9 - Sex Offender Registration Act of 1997
§ 12-12-906. Duty to Register or Verify Registration Generally - Review of Requirements With Offenders
(a)
(1)
(A)
(i) At the time of adjudication of guilt, the sentencing court shall enter on the judgment and commitment or judgment and disposition form that the offender is required to register as a sex offender and shall indicate whether the:
(a) Offense is an aggravated sex offense;
(b) Sex offender has been adjudicated guilty of a prior sex offense under a separate case number; or
(c) Sex offender has been classified as a sexually dangerous person.
(ii) If the sentencing court finds the offender is required to register as a sex offender, then at the time of adjudication of guilt the sentencing court shall require the sex offender to complete the sex offender registration form prepared by the Director of the Arkansas Crime Information Center pursuant to § 12-12-908 and shall forward the completed sex offender registration form to the Arkansas Crime Information Center.
(iii) A sex offender is not required to register as a sex offender under this subchapter if the:
(a) Victim was under eighteen (18) years of age and the sex offender was no more than three (3) years older than the victim at the time of the sex offense;
(b) Court determines that there was no evidence of force, compulsion, threat, or intimidation in the commission of the sex offense; and
(c) Court does not otherwise order registration under § 12-12-903(13)(B)(i).
(B)
(i) The Division of Correction shall ensure that a sex offender received for incarceration has completed the sex offender registration form.
(ii) If the Division of Correction cannot confirm that the sex offender has completed the sex offender registration form, the Division of Correction shall require the sex offender to complete the sex offender registration form upon intake, release, or discharge.
(C)
(i) The Division of Community Correction shall ensure that a sex offender placed on probation or another form of community supervision has completed the sex offender registration form.
(ii) If the Division of Community Correction cannot confirm that the sex offender has completed the sex offender registration form, the Division of Community Correction shall require the sex offender to complete the sex offender registration form upon intake, release, or discharge.
(D)
(i) The Arkansas State Hospital shall ensure that the sex offender registration form has been completed for any sex offender found not guilty by reason of insanity and shall arrange an evaluation by Community Notification Assessment.
(ii) If the Arkansas State Hospital cannot confirm that the sex offender has completed the sex offender registration form, the Arkansas State Hospital shall ensure that the sex offender registration form is completed for the sex offender upon intake, release, or discharge.
(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 in person within five (5) 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 eighteen (18) years of age at the time he or she enters this state to live, work, or attend school, he or she shall submit to assessment by the University of Arkansas for Medical Sciences 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.
(b)
(1) The registration file of a sex offender who is confined in a correctional facility or serving a commitment following acquittal on the grounds of mental disease or defect shall be inactive until the registration file is updated by the department responsible for supervision of the sex offender.
(2) Immediately prior to the release or discharge of a sex offender or immediately following a sex offender's escape or his or her absconding from supervision, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall update the registration file of the sex offender who is to be released or discharged or who has escaped or has absconded from supervision.
(c)
(1)
(A) When registering a sex offender as provided in subsection (a) of this section, the sentencing court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Human Services, or the local law enforcement agency having jurisdiction shall:
(i) Inform the sex offender of the duty to submit to assessment and to register and obtain the information required for registration as described in § 12-12-908;
(ii) Inform the sex offender that if the sex offender changes residency within the state, the sex offender shall give the new address and place of employment, education, higher education, or training to the center in writing no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address;
(iii)
(a) Inform the sex offender that if the sex offender changes residency to another state or enters another state to work or attend school, the sex offender must also register in that state regardless of permanent residency.
(b) The sex offender shall register the new address and place of employment, education, higher education, or training with the center and with a designated law enforcement agency in the new state in person not later than five (5) calendar days after the sex offender establishes residency or is temporarily domiciled in the new state;
(iv) Obtain fingerprints, palm prints, and a photograph of the sex offender if these have not already been obtained in connection with the offense that triggered registration;
(v) Obtain a deoxyribonucleic acid (DNA) sample if one has not already been provided;
(vi) Require the sex offender to complete the entire registration process, including, but not limited to, requiring the sex offender to read and sign a form stating that the duty of the sex offender to register under this subchapter has been explained;
(vii) Inform the sex offender that if the sex offender's address changes within the state or to another state due to an eviction, natural disaster, or any other unforeseen circumstance, the sex offender shall give the new address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days after the sex offender establishes residency;
(viii) Inform a sex offender who has been granted probation that failure to comply with the provisions of this subchapter may be grounds for revocation of the sex offender's probation; and
(ix) Inform a sex offender subject to lifetime registration under § 12-12-919 of the duty to:
(a) Verify registration and obtain the information required for registration verification as described in subsections (g) and (h) of this section; and
(b) Ensure that the information required for reregistration verification under subsections (g) and (h) of this section is provided to the local law enforcement agency having jurisdiction.
(B)
(i) Any offender required to register as a sex offender must provide a deoxyribonucleic acid (DNA) sample, that is, a blood sample or saliva sample, upon registering if a sample has not already been provided to the State Crime Laboratory.
(ii) Any offender required to register as a sex offender who is entering the State of Arkansas must provide a deoxyribonucleic acid (DNA) sample, that is, a blood sample or saliva sample, upon registration and must pay the mandatory fee of two hundred fifty dollars ($250) to be deposited into the DNA Detection Fund established by § 12-12-1119.
(2) When updating the registration file of a sex offender, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, or the Department of Human Services shall:
(A) Review with the sex offender the duty to register and obtain current information required for registration as described in § 12-12-908;
(B) Review with the sex offender the requirement that if the sex offender changes address within the state, the sex offender shall give the new address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days before the sex offender establishes residency or is temporarily domiciled at the new address;
(C) Review with the sex offender the requirement that if the sex offender changes address to another state, the sex offender shall register the new address with the local law enforcement agency having jurisdiction in person and with a designated law enforcement agency in the new state in person not later than five (5) calendar days after the sex offender establishes residency or is temporarily domiciled in the new state if the new state has a registration requirement;
(D) Require the sex offender to read and sign a form stating that the duty of the sex offender to register under this subchapter has been reviewed;
(E) Inform the sex offender that if the sex offender's address changes within the state or to another state due to an eviction, natural disaster, or any other unforeseen circumstance, the sex offender shall give the new address to the local law enforcement agency having jurisdiction in person no later than five (5) calendar days after the sex offender establishes residency;
(F) Review with the sex offender the consequences of failure to provide any information required by subdivision (b)(2) of this section;
(G) Inform a sex offender subject to lifetime registration under § 12-12-919 of the duty to:
(i) Verify registration and report the information required for registration verification as described in subsections (g) and (h) of this section; and
(ii) Ensure that the information required for registration verification under subsections (g) and (h) of this section is provided in person to the local law enforcement agency having jurisdiction; and
(H) Review with a sex offender subject to lifetime registration under § 12-12-919 the consequences of failure to verify registration under § 12-12-904.
(d) When registering or updating the registration file of a sexually dangerous person, in addition to the requirements of subdivision (c)(1) or subdivision (c)(2) of this section, the sentencing court, the Division of Correction, the Division of Community Correction, the Arkansas State Hospital, the Department of Human Services, or the local law enforcement agency having jurisdiction shall obtain documentation of any treatment received for the mental abnormality or personality disorder of the sexually dangerous person.
(e) Any sex offender working, enrolled, or volunteering in a public or private elementary, secondary or postsecondary school, or institution of training shall notify the local law enforcement agency having jurisdiction in person of that status and shall register in person with the local law enforcement agency having jurisdiction over that campus.
(f)
(1) A sex offender required to register under this subchapter shall not change his or her name unless the change is:
(A) Incident to a change in the marital status of the sex offender; or
(B) Necessary to effect the exercise of the religion of the sex offender.
(2) The change in the sex offender's name shall be reported to the local law enforcement agency having jurisdiction in person within five (5) calendar days after the change in name.
(3) A violation of this subsection is a Class C felony.
(g)
(1) Except as provided in subsection (h) of this section, a sex offender subject to lifetime registration under § 12-12-919 shall report in person every six (6) months after registration to the local law enforcement agency having jurisdiction to verify registration.
(2)
(A) The local law enforcement agency having jurisdiction may determine the appropriate times and days for in-person reporting by the sex offender, and the determination shall be consistent with the reporting requirements of subdivision (g)(1) of this section.
(B)
(i) If the day a sex offender is scheduled to report under this section passes before the day a local law enforcement agency having jurisdiction has determined as appropriate, the sex offender shall not be considered out of compliance if he or she reports at the next date set by the local law enforcement agency having jurisdiction.
(ii) If a local law enforcement agency having jurisdiction sets specific times and days for reporting then the local law enforcement agency having jurisdiction shall have the appropriate staff available at those times and days for a sex offender to report under this section.
(3) Registration verification shall include reporting in person any change to the following information concerning the sex offender:
(A) Name;
(B) Social Security number;
(C) Age;
(D) Race;
(E) Gender;
(F) Date of birth;
(G) Height;
(H) Weight;
(I) Hair and eye color;
(J)
(i) Address of any permanent residence and address of any current temporary residence within this state or out of this state, including a rural route address and a post office box.
(ii) A post office box shall not be provided in lieu of a physical residential address;
(K) Date and place of any employment or volunteer work;
(L) Vehicle make, model, color, and license tag number that the sex offender owns, operates, or to which he or she has access;
(M)
(i) Fingerprints.
(ii) If the local law enforcement agency having jurisdiction cannot confirm that the sex offender's fingerprints are contained in the automated fingerprint identification system, the local law enforcement agency having jurisdiction shall:
(a) Take the sex offender's fingerprints in person at an office of the local law enforcement agency having jurisdiction; and
(b) Submit the fingerprints to the center and to the Division of Arkansas State Police.
(iii) If the local law enforcement agency having jurisdiction cannot confirm that the sex offender's palm prints are contained in the automated palm print identification system, the local law enforcement agency having jurisdiction shall:
(a) Take the sex offender's palm prints in person at an office of the local law enforcement agency having jurisdiction; and
(b) Submit the palm prints to the center and to the Division of Arkansas State Police;
(N)
(i) Photograph.
(ii) The local law enforcement agency having jurisdiction shall take a photograph of the sex offender at each registration verification in person at an office of the local law enforcement agency having jurisdiction and submit the photograph to the center;
(O) All computers or other devices with internet capability to which the sex offender has access;
(P) All email addresses used by the sex offender;
(Q)
(i) Passport.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any passport issued to the person by any country in the sex offender's name in person at an office of the local law enforcement agency having jurisdiction at each registration verification and submit the copy of any passport to the center;
(R)
(i) Immigration documentation.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any immigration documents issued to the sex offender by any country in person at an office of the local law enforcement agency having jurisdiction at each registration verification and submit a copy of the documents to the center;
(S)
(i) Professional licenses and permits.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any federal, state, or local professional license or permit issued to the sex offender in person at an office of the local law enforcement agency having jurisdiction at each registration verification and submit a copy of the documents to the center; and
(T) All social media account information.
(4) If the sex offender is enrolled or employed at an institution of higher education in this state, the sex offender shall also report in person to the local law enforcement agency having jurisdiction:
(A) The name and address of each institution of higher education where he or she is enrolled or employed, including each campus attended;
(B) The county where each campus is located; and
(C) His or her enrollment or employment status.
(5) If the place of residence of the sex offender is a motor vehicle, trailer, mobile home, modular home, or manufactured home, the sex offender shall report in person the following information concerning the motor vehicle, trailer, mobile home, modular home, or manufactured home:
(A) Vehicle identification number;
(B) License tag number;
(C) Registration number; and
(D) A description, including color scheme.
(6) If the place of residence of the sex offender is a vessel, live-aboard vessel, or houseboat, the sex offender shall report in person the following information concerning the vessel, live-aboard vessel, or houseboat:
(A) Hull identification number;
(B) Manufacturer's serial number;
(C) Name;
(D) Registration number; and
(E) A description, including color scheme.
(7) If a person who is required to register as a sex offender owns an aircraft, the person shall provide in person the following information concerning the aircraft:
(A) The aircraft registration number;
(B) The manufacturer and model of the aircraft; and
(C) A description of the color scheme of the aircraft.
(h)
(1) A sexually dangerous person subject to lifetime registration under § 12-12-919 shall report in person every ninety (90) days after registration to the local law enforcement agency having jurisdiction to verify registration.
(2)
(A) The local law enforcement agency having jurisdiction may determine the appropriate times and days for in-person reporting by the sexually dangerous person, and the determination shall be consistent with the reporting requirements of subdivision (h)(1) of this section.
(B)
(i) If the day a sex offender is scheduled to report under this section passes before the day a local law enforcement agency having jurisdiction has determined as appropriate, the sex offender shall not be considered out of compliance if he or she reports at the next date set by the local law enforcement agency having jurisdiction.
(ii) If a local law enforcement agency having jurisdiction sets specific times and days for reporting then the local law enforcement agency having jurisdiction shall have the appropriate staff available at those times and days for a sex offender to report under this section.
(3) Registration verification shall include reporting in person any change to the following information concerning the sexually dangerous person:
(A) Name;
(B) Social Security number;
(C) Age;
(D) Race;
(E) Gender;
(F) Date of birth;
(G) Height;
(H) Weight;
(I) Hair and eye color;
(J)
(i) Address of any permanent residence and address of any current temporary residence within this state or out of this state, including a rural route address and a post office box.
(ii) A post office box shall not be provided in lieu of a physical residential address;
(K) Date and place of any employment or volunteer work;
(L) Vehicle make, model, color, and license tag number that the sexually dangerous person owns, operates, or to which he or she has access;
(M)
(i) Fingerprints.
(ii) If the local law enforcement agency having jurisdiction cannot confirm that the sexually dangerous person's fingerprints are contained in the automated fingerprint identification system, the local law enforcement agency having jurisdiction shall:
(a) Take the sexually dangerous person's fingerprints in person at an office of the law enforcement agency having jurisdiction; and
(b) Submit the fingerprints to the center and to the Division of Arkansas State Police.
(iii) If the local law enforcement agency having jurisdiction cannot confirm that the sexually dangerous person's palm prints are contained in the automated palm print identification system, the local law enforcement agency having jurisdiction shall:
(a) Take the sexually dangerous person's palm prints in person at an office of the law enforcement agency having jurisdiction; and
(b) Submit the palm prints to the center and to the Division of Arkansas State Police;
(N)
(i) Photograph.
(ii) The local law enforcement agency having jurisdiction shall take a photograph of the sexually dangerous person at each registration verification in person at an office of the law enforcement agency having jurisdiction and submit the photograph to the center;
(O) All computers or other devices with internet capability to which the sex offender has access;
(P) All email addresses used by the sex offender;
(Q)
(i) Passport.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any passport issued to the sexually dangerous person by any country in the sexually dangerous person's name in person at an office of the law enforcement agency having jurisdiction at each registration verification and submit the copy of any passport to the center;
(R)
(i) Immigration documentation.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any immigration documents issued to the sexually dangerous person by any country in person at an office of the law enforcement agency having jurisdiction at each registration verification and submit a copy of the documents to the center;
(S)
(i) Professional licenses and permits.
(ii) The local law enforcement agency having jurisdiction shall obtain a copy of any federal, state, or local professional license or permit issued to the sexually dangerous person in person at an office of the law enforcement agency having jurisdiction at each registration verification and submit a copy of the documents to the center; and
(T) All social media account information.
(4) If the sexually dangerous person is enrolled or employed at an institution of higher education in this state, the sexually dangerous person shall also report in person to the local law enforcement agency having jurisdiction:
(A) The name and address of each institution of higher education where he or she is enrolled or employed, including each campus attended;
(B) The county where each campus is located; and
(C) His or her enrollment or employment status.
(5) If the place of residence of the sexually dangerous person is a motor vehicle, trailer, mobile home, modular home, or manufactured home, the sexually dangerous person shall report in person the following information concerning the motor vehicle, trailer, mobile home, modular home, or manufactured home:
(A) Vehicle identification number;
(B) License tag number;
(C) Registration number; and
(D) A description, including color scheme.
(6) If the place of residence of the sexually dangerous person is a vessel, live-aboard vessel, or houseboat, the sexually dangerous person shall report in person the following information concerning the vessel, live-aboard vessel, or houseboat:
(A) Hull identification number;
(B) Manufacturer's serial number;
(C) Name;
(D) Registration number; and
(E) A description, including color scheme.
(7) If a sexually dangerous person who is required to register as a sexually dangerous person owns an aircraft, the sexually dangerous person shall report in person the following information concerning the aircraft:
(A) The aircraft registration number;
(B) The manufacturer and model of the aircraft; and
(C) A description of the color scheme of the aircraft.
(i) After verifying the registration of a sex offender under subsection (g) of this section or a sexually dangerous person under subsection (h) of this section, the local law enforcement agency having jurisdiction shall file the verification with the center in accordance with § 12-12-909.
