The General Assembly finds that sex offenders pose a high risk of reoffending after release from custody, that protecting the public from sex offenders is a primary governmental interest, that the privacy interest of persons adjudicated guilty of sex offenses is less important than the government's interest in public safety, and that the release of certain information about sex offenders to criminal justice agencies and the general public will assist in protecting the public safety.
History.
Acts 1997, No. 989, § 2.
Case Notes
Constitutionality.
Assessment requirement for one who is acquitted of a sex offense by reason of mental disease or defect is rationally related to the State's high and legitimate interest in protecting society from repeat sex offenders.
Ark. Dep't of Corr. v. Bailey, 368 Ark. 518, 247 S.W.3d 851 (2007).
Cited:
Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment v. Claybaugh, 93 Ark. App. 11, 216 S.W.3d 134 (2005); Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006).
Arkansas Dep't of Human Servs. v. Bixler, 219 S.W.3d 125 (Ark. 2005). · cites it 6דFor the foregoing reasons, as well as our standard of review, we hold that there was substantial evidence to support the ALJ's ruling that, under Ark.”
Kellar v. Fayetteville Police Dep't, 5 S.W.3d 402 (Ark. 1999). · cites it 2דArk. Code Ann. § 12-12-902 (Supp. 1999). Indeed, Kellar concedes that the intent of the Act is non-punitive.”
Arkansas Dep't of Corr. v. Bailey, 247 S.W.3d 851 (Ark. 2007). · cites it 2דArk. Code Ann. § 12-12-902 (Repl. 2003); see also Kellar, 339 Ark.”
Gerald Stow v. John Montgomery, Sheriff for Baxter Cnty., Arkansas, in His Off. Capacity, 2020 Ark. App. 310 (Ark. Ct. App. 2020). · cites it 2דArkansas Code Annotated section 12-12-902, “Legislative findings,” provides: The General Assembly finds that sex offenders pose a high risk of reoffending after release from custody, that protecting the public from sex offenders is a primary governmental interest, that the…”
Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006). · cites it 2ד” Ark.Code Ann. § 12-12-902. The Act, now titled the Sex Offender Registration Act, id.”
State of Ark. Sex Offender Risk Assessment Comm. v. Wallace, 2013 Ark. App. 654 (Ark. Ct. App. 2013). · cites it 2דArk. Code Ann. § 12-12-902 (Repl. 2009). Appellant State of Arkansas Sex Offender Risk Assessment Committee appeals the order entered by the Garland County Circuit Court reducing Wallace’s notification level from a Level 2 to a Level 1.”
Dillard v. Sex Offender Assessment Comm., 2016 Ark. App. 147 (Ark. Ct. App. 2016). · cites it 2דArk.Code Ann. § 12-12-902 (Repl. 2009). On January 8, 2014, appellee Sex Offender Assessment Committee (SOAC) assessed Mr.”
Arkansas Dep't of Corr. Sex Offender Assessment Comm. v. Terry W. Hastings, 2024 Ark. App. 407 (Ark. Ct. App. 2024). “§ 12-12-902 (Repl. 2016). To advance this effort, the Act directed the Committee to promulgate guidelines and procedures for the disclosure of relevant and necessary information regarding sex offenders to the public.”
Wyly v. State, 559 S.W.3d 326 (Ark. Ct. App. 2018). · cites it 2דArk. Code Ann. § 12-12-902 . Individuals convicted of a subsequent sex offense under a second case number have committed more than one sex crime, and the General Assembly could have concluded that these individuals are more likely to reoffend.”
Ray v. State, 2017 Ark. App. 574 (Ark. Ct. App. 2017). “-§ 12-12-902. Individuals convicted of a subsequent sex offense under a second case number have committed more than one sex crime, and the General Assembly could have concluded that these individuals are more likely, to reoffend.”
Jones v. Payne (W.D. Ark. 2023). · cites it 4ד2006) (quoting Ark. Code Ann. § 12-12-902 )). As is relevant to Jones, the SORA Act applies to any person who was “serving a sentence of incarceration, probation, parole, or other form of community supervision as a result of an adjudication of guilty on or after August 1, 1997,…”
— Ark. Code Ann. § 12-12-902(a)(2) — 1 case
Jones v. Payne (W.D. Ark. 2023). “2006) (quoting Ark. Code Ann. § 12-12-902 )). As is relevant to Jones, the SORA Act applies to any person who was “serving a sentence of incarceration, probation, parole, or other form of community supervision as a result of an adjudication of guilty on or after August 1, 1997,…”
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