arkansas
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arkansas [2020/07/10 10:43] – rkdbus | arkansas [2025/02/26 18:33] (current) – [Info for State Advocates] josiahk | ||
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+ | |||
+ | **INSTRUCTIONS FOR ACCESSING ARKANSAS’ LINKS:** | ||
+ | |||
+ | - Right click and open this link in a new window: [[https:// | ||
+ | - If you get a dialogue window asking you to accept terms, click “accept.” | ||
+ | - Leave the window open. | ||
+ | - Return to this Wiki page; you will be able to go directly to the desired statute(s) by clicking on them or by copying and pasting the statute number into the search window. | ||
+ | - After you close your browser, you will need to repeat this process the next time that you look for a statute or statutes. | ||
===== Arkansas Laws Regarding Registration ===== | ===== Arkansas Laws Regarding Registration ===== | ||
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=== Who must register? === | === Who must register? === | ||
- | [[https:// | + | A.C.A. § 12-12-903(13)(A) and all it’s subs\\ |
- | See also ACIC link:\\ | + | [[https:// |
- | [[http:// | + | |
- | And this Justia page:\\ | + | |
- | [[https:// | + | |
=== What information must registrants provide? === | === What information must registrants provide? === | ||
A.C.A. § 12-12-908\\ | A.C.A. § 12-12-908\\ | ||
- | [[https:// | + | [[https:// |
=== How frequently must they register? And for how long? === | === How frequently must they register? And for how long? === | ||
- | 4 times yearly for " | + | 4 times yearly for " |
- | [[https:// | + | A.C.A. § 12-12-907\\ |
- | Length of requirement: | + | [[https:// |
- | [[https:// | + | \\ |
+ | Length of requirement: | ||
+ | A.C.A. § 12-12-919\\ | ||
+ | [[https:// | ||
=== Does the state categorize registrants by levels/ | === Does the state categorize registrants by levels/ | ||
Yes, Level 1, Level 2, Level 3, and Level 4.\\ | Yes, Level 1, Level 2, Level 3, and Level 4.\\ | ||
- | \\ | + | People are either registered for 15 years or a lifetime depending on the level of offense. Level 4 offenders register for a lifetime. While level 1 to 3 offenders register for 15 years\\ |
- | References | + | Level 1: A.C.A. §12-12-913 (a)(1)(2)(b) Information only available |
- | [[https://www.sos.arkansas.gov/uploads/rulesRegs/Arkansas%20Register/2012/Dec12Reg/004.00.12-003.pdf|https:// | + | Level 2: A.C.A. § 12-12-913(j)(1)(B)\\ |
+ | Level 3 and 4: A.C.A. § 12-12-913(j)(1)(A)\\ | ||
+ | [[https://advance.lexis.com/documentpage/? | ||
- | === Does the state use risk assessments for registrants | + | === Does the state use risk assessment when assigning tiers or levels to registrants? |
- | Response needed. | + | Sex Offender Assessment Committee.\\ |
+ | A.C.A. § 12-12-921\\ | ||
+ | [[https:// | ||
=== Do any registrants remain privately registered? If so, who? === | === Do any registrants remain privately registered? If so, who? === | ||
- | Level 1 and some level 2\\ | + | Tier I offenders Disclosure\\ |
A.C.A. § 12-12-913\\ | A.C.A. § 12-12-913\\ | ||
- | [[http:// | + | [[https:// |
+ | |||
+ | === Is there a registration fee? === | ||
+ | |||
+ | No | ||
=== Are there special restrictions for registrants even after supervision? | === Are there special restrictions for registrants even after supervision? | ||
- | A.C.A. § 5-14-128 - Residency\\ | + | A.C.A. § 12-12-906\\ |
- | [[http:// | + | [[https:// |
- | A.C.A. § 5-14-129 - Working | + | |
- | [[http:// | + | |
- | A.C.A. § 5-14-131 - Living near/ | + | |
- | [[http:// | + | |
- | A.C.A. § 5-14-132 - School campus\\ | + | |
- | [[http:// | + | |
- | \\ | + | |
- | Proximity swimming pool, playground, park\\ | + | |
- | A.C.A. § 5-14-133 - Entering a swimming pool or water park\\ | + | |
- | [[http:// | + | |
- | A.C.A. § 5-14-134 - Entering a swimming area or children' | + | |
- | [[http:// | + | |
=== Is there a process for removal from the registry? If so, who qualifies and what is the process? === | === Is there a process for removal from the registry? If so, who qualifies and what is the process? === | ||
- | Yes, but only for registrants not defined in section (a) below. They can be removed after 15 years.\\ | + | Termination of obligation to register.\\ |
A.C.A. § 12-12-919\\ | A.C.A. § 12-12-919\\ | ||
- | [[https:// | + | [[https:// |
=== What is the registration requirement for someone with a sexual offense who is visiting the state? === | === What is the registration requirement for someone with a sexual offense who is visiting the state? === | ||
Definition of residence is “A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year” 12-12-903 (10)(B)(iv)\\ | Definition of residence is “A temporary residence or domicile in which a person resides for an aggregate of five (5) or more consecutive days during a calendar year” 12-12-903 (10)(B)(iv)\\ | ||
- | [[http:// | + | [[http:// |
=== What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school? === | === What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school? === | ||
- | 5 business days after the person establishes residency, an eviction, natural disaster, | + | Duty to register |
- | A.C.A. § 12-12-904 (a)(2)\\ | + | A.C.A. § 12-12-906 (a)(2)(A)(B)(I)(ii)\\ |
- | [[http://www.arkleg.state.ar.us/assembly/2017/2017R/Fiscal%20Impacts/HB1175-Other1.pdf|http: | + | [[https://advance.lexis.com/documentpage/? |
- | \\ | + | |
- | 7 calendar days if the person moves to or returns to this state from another jurisdiction\\ | + | |
- | A.C.A. § 12-12-904 (c)(ii)(D)(ii)(2)(A)\\ | + | |
- | [[https:// | + | |
===== State Laws Regarding Sexual Offenses and Offenders, other than registration ===== | ===== State Laws Regarding Sexual Offenses and Offenders, other than registration ===== | ||
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=== What sexual offenses can people be convicted of, and what are the ranges of sentences? === | === What sexual offenses can people be convicted of, and what are the ranges of sentences? === | ||
- | A.C.A. | + | A.C.A. |
- | [[https:// | + | [[https:// |
- | A.C.A. | + | A.C.A. |
- | [[https:// | + | [[https:// |
- | A.C.A. § 5-70 - Prostitution | + | A.C.A. § 5-70-101 (click the next arrow to continue |
- | [[https:// | + | [[https:// |
=== Does the state have lifetime supervision? | === Does the state have lifetime supervision? | ||
- | No. | + | No |
=== Does the state have indeterminate sentencing? === | === Does the state have indeterminate sentencing? === | ||
- | No. | + | No |
=== What are the state civil commitment laws? === | === What are the state civil commitment laws? === | ||
- | No state civil commitment. | + | Not applicable |
=== What is the age of consent? === | === What is the age of consent? === | ||
- | Age 16\\ | + | Age of consent is 16 years old |
- | [[https:// | + | |
+ | A.C.A. § 5-14-127\\ | ||
+ | [[https:// | ||
=== Are there “Romeo and Juliet” laws or other laws specific to young people? === | === Are there “Romeo and Juliet” laws or other laws specific to young people? === | ||
Yes; age gap\\ | Yes; age gap\\ | ||
- | [[https:// | + | [[https:// |
Mistake of age defense\\ | Mistake of age defense\\ | ||
[[https:// | [[https:// | ||
+ | |||
+ | |||
+ | ===== Info for State Advocates ===== | ||
+ | |||
+ | === Are felons allowed to vote? If so, when is this right restored? === | ||
+ | |||
+ | Yes, after prison, parole, and probation\\ | ||
+ | 51 §11(d)(2)(A-D)\\ | ||
+ | [[https:// | ||
+ | Restoration of Voting Rights for Convicted Felons\\ | ||
+ | [[https:// | ||
+ | |||
+ | === What does the state say about persons who are required to register? === | ||
+ | |||
+ | Arkansas Dept. of Public Safety\\ | ||
+ | [[https:// | ||
+ | Arkansas Crime Information Center | ||
+ | |||
+ | [[https:// | ||
+ | |||
+ | === How does the state’s legislative process work? === | ||
+ | |||
+ | [[https:// | ||
+ | [[http:// | ||
+ | |||
+ | === How can I locate legislation regarding sexual offense issues? === | ||
+ | |||
+ | Search bills by key words:\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Best keywords are: === | ||
+ | |||
+ | Sexual offense; sex offender; sex offender registration | ||
+ | |||
+ | === How to sign up for notifications of bill movement: === | ||
+ | |||
+ | Set up account for bill tracking:\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Most important legislative committees for our issues are: === | ||
+ | |||
+ | JUDICIARY COMMITTEE- HOUSE\\ | ||
+ | [[https:// | ||
+ | JUDICIARY COMMITTEE – SENATE\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Contact info for state legislators can be found at: === | ||
+ | |||
+ | [[http:// | ||
+ | |||
+ | |||
+ | ===== State Laws Regarding Sexual Offenses and Offenders, other than registration ===== | ||
+ | |||
+ | === What sexual offenses can people be convicted of, and what are the ranges of sentences? === | ||
+ | |||
+ | A.C.A. Tit. 5, Subtit. 2., Ch. 14 Note (click the next arrow to continue with the statute information)\\ | ||
+ | [[https:// | ||
+ | A.C.A. Tit. 5, Subtit. 3., Ch. 27 Note (click the next arrow to continue with the statute information)\\ | ||
+ | [[https:// | ||
+ | A.C.A. § 5-70-101 (click the next arrow to continue with the statute information)\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Does the state have lifetime supervision? | ||
+ | |||
+ | No | ||
+ | |||
+ | === Does the state have indeterminate sentencing? === | ||
+ | |||
+ | No | ||
+ | |||
+ | === What are the state civil commitment laws? === | ||
+ | |||
+ | Not applicable | ||
+ | |||
+ | === What is the age of consent? === | ||
+ | |||
+ | Age of consent is 16 years old | ||
+ | |||
+ | A.C.A. § 5-14-127\\ | ||
+ | [[https:// | ||
+ | |||
+ | === Are there “Romeo and Juliet” laws or other laws specific to young people? === | ||
+ | |||
+ | Yes; age gap\\ | ||
+ | [[https:// | ||
+ | Mistake of age defense\\ | ||
+ | [[https:// | ||
===== Info for State Advocates ===== | ===== Info for State Advocates ===== | ||
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=== How does the state’s legislative process work? === | === How does the state’s legislative process work? === | ||
- | [[http:// | + | [[https:// |
[[http:// | [[http:// | ||
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Search bills by key words:\\ | Search bills by key words:\\ | ||
- | [[http:// | + | [[https:// |
=== Best keywords are: === | === Best keywords are: === | ||
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Set up account for bill tracking:\\ | Set up account for bill tracking:\\ | ||
- | [[http:// | + | [[https:// |
=== Most important legislative committees for our issues are: === | === Most important legislative committees for our issues are: === | ||
- | H. Judiciary\\ | + | JUDICIARY COMMITTEE- HOUSE\\ |
- | [[http:// | + | [[https:// |
- | City, county, local affairs\\ | + | JUDICIARY COMMITTEE – SENATE\\ |
- | [[http:// | + | [[https:// |
- | S. Judiciary\\ | + | |
- | [[http:// | + | |
- | Children And Youth\\ | + | |
- | [[http:// | + | |
- | House Corrections And Criminal Law\\ | + | |
- | [[http:// | + | |
- | Sex Offender Assessment Commmittee\\ | + | |
- | [[https:// | + | |
=== Contact info for state legislators can be found at: === | === Contact info for state legislators can be found at: === | ||
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(501) 682-2007 (800) 482-8982\\ | (501) 682-2007 (800) 482-8982\\ | ||
OAG@ARKANSASAG.GOV\\ | OAG@ARKANSASAG.GOV\\ | ||
- | [[https:// | + | [[https:// |
=== NARSOL state affiliate website or blog: === | === NARSOL state affiliate website or blog: === | ||
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=== Other helpful information === | === Other helpful information === | ||
- | >[[http:// | + | [[http:// |
arkansas.1594392223.txt.gz · Last modified: 2020/07/10 10:43 by rkdbus