13-3826

13-3826. Community notification guidelines
committee; members; duties; definition

A. The community notification guidelines committee is established consisting of the
following members:

1. A member of the senate who is appointed by the president of the senate to serve
as cochairperson of the committee.

2. A member of the house of representatives who is appointed by the speaker of the
house of representatives to serve as cochairperson of the committee.

3. The attorney general or the attorney general's designee.

4. The chairman of the senate judiciary committee or its successor committee, who
serves as an advisory member.

5. A member of the minority party in the senate who is appointed by the president
of the senate and who serves as an advisory member.

6. The chairman of the house of representatives judiciary committee or its
successor committee, who serves as an advisory member.

7. A member of the minority party in the house of representatives who is appointed
by the speaker of the house of representatives and who serves as an advisory member.

8. Two sheriffs or their designees who are appointed by the president of the
Arizona county attorneys and sheriffs association, one of whom represents a county with a
population of more than four hundred thousand persons according to the most recent United
States decennial census and one of whom represents a county with a population of four
hundred thousand persons or less according to the most recent United States decennial
census.

9. Two chiefs of police or their designees who are appointed by the president of
the Arizona association of chiefs of police, one of whom represents a city or town in a
county with a population of more than four hundred thousand persons according to the most
recent United States decennial census and one of whom represents a city or town in a
county with a population of four hundred thousand persons or less according to the most
recent United States decennial census.

10. Two county attorneys or their designees who are appointed by the chairman of the
Arizona prosecuting attorneys' advisory council, one of whom represents a county with a
population of more than four hundred thousand persons according to the most recent United
States decennial census and one of whom represents a county with a population of four
hundred thousand persons or less according to the most recent United States decennial
census.

11. Two county adult probation officers or their designees who are appointed by the
chief justice of the supreme court, one of whom represents a county with a population of
more than four hundred thousand persons according to the most recent United States
decennial census and one of whom represents a county with a population of four hundred
thousand persons or less according to the most recent United States decennial census.

12. One state adult parole administrator or the administrator's designee who is
appointed by the governor.

13. The director of the department of public safety or the director's designee.

14. The director of the department of transportation or the director's designee.

15. One person who is licensed under title 32, chapter 19.1 and who is appointed by
the state board of psychologist examiners.

16. One representative of a public defender's office who is recommended by an
association of public defenders and who is appointed by the speaker of the house of
representatives.

17. One advocate or community restitution provider who is appointed by the president
of the senate.

18. Two public members, one of whom is appointed by the president of the senate and
one of whom is appointed by the speaker of the house of representatives.

B. Appointed members serve two year terms.

C. The members shall meet at a time and place set by the cochairpersons.

D. Members of the committee are not eligible to receive compensation but are
eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The committee shall:

1. Adopt community notification guidelines. The committee shall monitor the
implementation of the community notification guidelines that the committee adopts. The
guidelines shall provide for levels of notification based on the risk that a particular
sex offender poses to the community. The notification requirements are as follows:

(a) For level two and level three offenders, the notification shall be made to the
surrounding neighborhood, area schools, appropriate community groups and prospective
employers. The notification shall include a flyer with a photograph and exact address of
the offender as well as a summary of the offender's status and criminal background. A
press release and a level two or level three flyer shall be given to the local electronic
and print media to enable information to be placed in a local publication.

(b) For level one offenders, the local law enforcement agency that is responsible
for notification shall maintain information about the offender. The local law enforcement
agency may disseminate this information to other law enforcement agencies and may give
notification to the people with whom the offender resides.

2. Develop and recommend a process for a sex offender to request a notification
level review and for the court to determine if a sex offender notification level may be
reduced or the offender is no longer required to register. The committee shall submit a
report of its recommendation to the governor, the president of the senate and the speaker
of the house of representatives on or before December 15, 2004 and shall provide a copy
of this report to the secretary of state and the director of the Arizona state library,
archives and public records.

3. Study whether there is uniform and consistent application of the community
notification guidelines on a statewide basis, including whether offenders who pose
similar risks are assigned similar notification levels in different jurisdictions.

F. The committee shall adopt guidelines regarding how community notification
pursuant to section 13-3825, subsection K should be conducted, including whether
community notification should occur. The guidelines should provide for flexibility based
on resources and the availability of records. The committee may adopt procedures that
allow offenders required to register to not be classified if necessary records are not
reasonably available.

G. For the purposes of this section, "advisory member" means a member who advises
other committee members during meetings but who is ineligible to vote and who is not a
member for the purposes of determining if a quorum is present.