Sex Offender Risk Level in Arizona

What are the Risk Levels for Arizona Sex Offenders?

In Arizona, sex offenders are legally required to register with both federal and state authorities. This requirement is outlined in the Jacob Wetterling Crimes Against Children and Sexual Violent Offender Registration Act of 1994, which dictates that all states must monitor sex offenders and verify their whereabouts every 10 years. Additionally, Megan’s Law calls for the public availability of such information.

At the state level, there are a variety of regulations around sex offender registration that determine risk levels based on the severity of the offense. These laws help to ensure the safety of Arizona residents by providing them with access to detailed information about registered sex offenders in their area.

Arizona looks at 19 separate criteria in order to establish a sex offender’s risk level.

Law enforcement professionals believe these 19 factors can provide a very strong indication of whether a person who’s been convicted of a sex crime is likely to commit another offense in the future. These criteria are divided into three main categories: Static Risk Factors, Dynamic Risk Factors, and Offender Needs. Here are the criteria:

1. Static Risk Factors
   • Age at first arrest
   • Relationship to victim
   • Prior sex offenses
   • Prior non-sex offenses
   • Non-sexual violence
2. Dynamic Risk Factors
   • Current violent charges
   • Current violent convictions
   • Current non-violent charges
   • Current non-violent convictions
   • Violation of release conditions
3. Offender Needs
   • Substance abuse
   • Employment instability
   • Education/employment needs
   • Housing needs
   • Financial instability
   • Marital/family stress
   • Negative peers
   • Antisocial personality patterns
   • Personal distress

Each of these 19 criteria is given a specific weight that’s calculated in the form of points. Once points are assigned to each one, they are added together and the risk is assessed on the basis of the final value obtained.

Risk Assessment

After a person is released from prison, they must undergo a risk assessment administered by local law enforcement. During this assessment, the individual is rated as either Level 1, 2, or 3, with 3 being the highest risk of reoffending. Depending on the results of the risk assessment, their particulars will be placed on the registry website for public viewing if they are assessed as Level 2 or 3.

In order to ensure the safety and well-being of individuals, different levels of risk come with corresponding requirements and restrictions. To gain a better understanding of these measures, it is important to familiarize yourself with the information provided below.

Level 1 (Low Risk)

If they are assessed as Level 1, their information is only accessible by law enforcement. This process is outlined in Arizona Revised Statute 13-3825 (Community Notification). The risk assessment tool used can be found at the link provided. Through this detailed assessment, local law enforcement makes educated decisions about which individuals are deemed suitable to become members of society again by providing a clear notion of their risk level.

At a level one risk, it is important for an individual to register as a sex offender with the local sheriff’s office. By doing this, they ensure that all applicable legal records are kept and securely stored. Furthermore, the sheriff’s department will likely contact any individuals living in the same household as the offender to make them aware of the registration process. It is essential that these steps are taken in order to mitigate risks and keep communities safe.

• Community notification is typically limited.
• Information may be shared with law enforcement agencies.

Level 2 (Moderate Risk)

At Level 2 of the sex offender registry, individuals are considered to be at moderate risk for reoffending. Therefore, it is mandated by law that such offenders must register with their local sheriff’s office. This registration will enable legal personnel to alert family members, schools in the community, employers, and other relevant groups of the offender’s presence. It is essential to stay well-informed about these legal requirements and understand their implications to protect both yourself and the public safety.

• Broader community notification, including schools and community organizations.
• Information may be released to the public to a certain extent.

Level 3 (High Risk)

If you are classified as a Level 3 risk, the state assesses that you have a high likelihood of reoffending. As such, you must register with the sheriff’s office in your local jurisdiction. After completing registration, the sheriff’s office will reach out to schools and neighborhoods near your address. Legal personnel will distribute flyers that include information about your criminal record, name, address, and images. In addition, law enforcement will contact your current employer. The sheriff’s office will also issue a press release to your local newspaper and television stations, providing the public access to your registered address.

• Widespread community notification.
• Public notification through various means, including online sex offender registries and media outlets.

It’s important to note that the level assigned to a sex offender is determined based on various factors, including the nature of the offense, the offender’s criminal history, and the results of risk assessments. The procedures for assigning and updating notification levels may be outlined in state law or regulations.

To get the most accurate and up-to-date information on community notification levels in Arizona, it is recommended to check with the Arizona Department of Public Safety or local law enforcement agencies. They can provide information on the specific laws, regulations, and procedures in place regarding sex offender community notification in the state.

Once the risk level is assigned, it would be up to the officer to determine if this assessment is going to be accepted or if an additional assessment is going to be carried out.

Sex Offender Registration Requirements

Under Arizona state law, individuals convicted of certain sex crimes must register as offenders with their local sheriff’s office. According to ARS 13-3824, failure to do so will result in a class 4 felony. Pursuant to ARS 13-3821, those convicted are required to register within 10 days of conviction. In the event that a person moves within the same county, they must provide the necessary information within 72 hours according to ARS 13-3822.

In accordance with A.R.S. 13-3827, the Arizona Department of Public Safety is responsible for maintaining the internet sex offender website and verifying the name, address and photograph of each sex offender in Arizona on a daily basis.

If an individual relocates to another county, it is necessary to send a written letter to the sheriff’s office with details of the move within 10 days. The locality’s sheriff’s office must be contacted upon completion of the move. When a resident of Arizona moves out of state, the sheriff’s office will contact authorities in the new state to ensure timely registration within 10 days of changing addresses. It is important to be aware of these requirements and consequences in order to remain compliant.

Other Specific Provisions Determined by Risk Level

There are specific provisions and safety precautions associated with each of the sex offense risk levels.

In the case of a level one offender, the local police department will be required to maintain updated information about the offender. Depending on the specifics of the situation, a notice may be issued to people living in proximity.

Whenever a sex offender is classified as a level two offender, the police department will be required to notify immediate neighbors, schools in the vicinity, employers, and community groups. There are no specific requirements for posting flyers or a press release about the situation.

Things are different whenever the highest risk level is assessed. In that instance, the local police department has the duty to notify the neighborhood, schools employers, and community groups. There will need to be a flyer that features the offender’s picture, address, and specifics of the criminal offense. In addition, an official press release will have to be published to local television, newspapers, and other media.

Information about level two and level three offenders is also available online. Usually, level one offender information is not made generally available to the public, unless a specific community is considered at risk.

Click here for information on sex offender compliance in Arizona.

Your Rights after Sex Offender Registration in Arizona

Not everyone believes that having one’s name, address, and type of criminal offense announced publicly is fair. This, however, is the law in Arizona. People who have been found guilty of level two and three sex crimes will need to find a way to deal with the situation.

Keep in mind there are no limits pertaining to how long a sex offender’s name must remain within the state registry.

Once released from custody, a person who has been found guilty of a sex offense will need to register with the Department of Public Safety. A failure to do so within the first 10 days is a criminal offense that’s a Class 4 felony in Arizona.

After the completion of the registration, your information will be passed on to a local law enforcement agency. Depending on the risk assessment, the local law enforcement will determine whether the community has to be notified.

If you have questions about the process or you feel uncertain about your rights, get in touch with an Arizona criminal defense attorney that’s experienced in sex crime representation. Talking to a professional will make it much easier for you to make future plans.

Relief from the Sex Offender Registry Requirement

If you were convicted of certain types of sex offenses while underage, you may be eligible for relief from the sex offender registry. According to Arizona Revised Statutes (A.R.S.) section 13-3826, individuals aged 22 or under at the time of a consensual offense involving someone aged 15 to 17 may petition the court for removal from the registry. The petitioner must have no prior felony convictions, must not have been classified as a sexually violent predator, and the offense must not involve more than one person.

Furthermore, they must have completed their probationary term without any violations. Meanwhile, those adjudicated as delinquent minors may see their registration requirement end at age 25 according to ARS § 3821(D). Finally, those convicted in adult court of offenses committed while underage can petition for relief once their probation is fulfilled. While the court is not obligated to grant this request, it may be an option if all other conditions are met.

FAQs

What are the risk levels for sex offenders in AZ?

In Arizona, sex offenders are assigned to one of three risk levels. The level is determined by evaluating the offender’s history, likelihood of reoffending, and the severity of the crime committed. Level 1 is considered the lowest risk, while Level 3 is determined to be a high risk.

What is a Level 1 sex offender in Arizona?

Level 1 sex offenders in Arizona are assessed as having the lowest risk of reoffending. These offenders must register annually with their local law enforcement agency. However, their information is not posted to the public registry, and they may not be subject to other registration requirements like address verification or community notifications.

What is the highest risk level for a sex offender?

Level 3 sex offenders present the highest risk to their communities. These offenders are required to maintain registration with their local law enforcement agency every 90 days, remain on the public registry for life, and comply with other restrictions such as address verification and community notifications.

Can a Tier 3 sex offender get off the registry Arizona?

In Arizona, all Level 3 sex offenders must remain on the public registry for life unless they are granted an exemption from the Board of Executive Clemency. This includes cases such as where an offender was under 18 years old at the time of the offense or where the offender has been successfully rehabilitated.

What does Level 3 sex offender mean in Arizona?

A Level 3 sex offender in Arizona is an individual who presents a high risk of reoffending. They must register with their local law enforcement agency every 90 days, remain on the public registry for life, and comply with other state and local regulations such as address verification and community notifications.

What does Level 2 sex offender mean in Arizona?

A Level 2 sex offender in Arizona is classified as having a moderate risk of reoffending. These individuals must register annually with their local law enforcement agency, and their information may be made available to the public on request. Additional registration requirements may also apply depending on the specifics of their conviction.

What are the rules for sex offenders in Arizona?

All registered sex offenders in Arizona are required to abide by a set of rules as outlined by state law. This includes registering with their local law enforcement agency within five days of release from incarceration or commencement of residency, remaining on the public registry for life (for those assigned to Level 3), and complying with any additional registration requirements such as address verification or community notifications.

What is the lowest level of sex offender?

The lowest level of sex offender in Arizona is Level 1. These individuals are assessed to have the lowest risk of reoffending and only need to register annually with their local law enforcement agency. Their information may not be released on request from members of the public, but they still must comply with other registration requirements based on their specific case.

How long do sex offenders have to register in Arizona?

In Arizona, it depends on the level of risk that is assigned to them. Level 1 sex offenders must register annually, Level 2 sex offenders must register every 180 days, and Level 3 sex offenders must register every 90 days.

What city in Arizona has the most sex offenders?

According to recent data collected by the Arizona Department of Public Safety, Phoenix is currently home to the largest population of sex offenders in the state.

How long does a Level 2 sex offender have to register in AZ?

Level 2 sex offenders in Arizona are required to register every 180 days with their local law enforcement agency.