36-3701. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means any agency that is authorized to direct the release of a person
who is serving a sentence or term of confinement or who is receiving treatment, including
a state or federal prison, a county jail and the Arizona state hospital.
2. "Competent professional" means a person who is:
(a) Familiar with the state's sexually violent persons statutes and sexual offender
treatment programs available in this state.
(b) Approved by the superior court as meeting court approved guidelines.
3. "Conviction" includes a finding of guilt at any time for a sexually violent
offense or an order of the juvenile court adjudicating the person delinquent for any
sexually violent offense.
4. "Less restrictive alternative" means court ordered treatment in a setting that
is less restrictive than total confinement and that is conducted in a setting approved by
the superintendent of the state hospital.
5. "Mental disorder" means a paraphilia, personality disorder or conduct disorder
or any combination of paraphilia, personality disorder and conduct disorder that
predisposes a person to commit sexual acts to such a degree as to render the person a
danger to the health and safety of others.
6. "Sexually violent offense" means any of the following:
(a) Indecent exposure to a person who is under fifteen years of age pursuant to
section 13-1402, public sexual indecency to a minor pursuant to section 13-1403, sexual
conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section
13-1406, molestation of a child pursuant to section 13-1410, continuous sexual abuse of a
child pursuant to section 13-1417 or sexual assault of a spouse if the offense was
committed before August 12, 2005.
(b) Second degree murder pursuant to section 13-1104, first degree murder pursuant
to section 13-1105, assault pursuant to section 13-1203, aggravated assault pursuant to
section 13-1204, unlawful imprisonment pursuant to section 13-1303, kidnapping pursuant
to section 13-1304 or burglary in the first degree pursuant to section 13-1508 if the
court at the time of sentencing or civil commitment proceedings determines beyond a
reasonable doubt that the act was sexually motivated pursuant to section 13-118.
(c) An attempt, a solicitation, a facilitation or a conspiracy to commit an offense
listed in subdivision (a) or (b) of this paragraph.
(d) An act committed in another jurisdiction that if committed in this state would
be a sexually violent offense listed in subdivision (a) or (b) of this paragraph.
(e) A conviction for a felony offense that was in effect before September 1, 1978
and that if committed on or after September 1, 1978 would be comparable to a sexually
violent offense listed in subdivision (a) or (b) of this paragraph.
7. "Sexually violent person" means a person to whom both of the following apply:
(a) Has ever been convicted of or found guilty but insane of a sexually violent
offense or was charged with a sexually violent offense and was determined incompetent to
stand trial.
(b) Has a mental disorder that makes the person likely to engage in acts of sexual
violence.
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