Arkansas Code Annotated

Ark. Code Ann. § 12-12-917 (2026)

Evaluation protocol — Sexually dangerous persons — Juveniles adjudicated delinquent — Examiners

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

1. The Sex Offender Assessment Committee shall develop an evaluation protocol for preparing reports to assist courts in making determinations whether or not a person adjudicated guilty of a sex offense should be considered a sexually dangerous person for purposes of this subchapter.
2. The committee shall also establish qualifications for examiners and qualify examiners to prepare reports in accordance with the evaluation protocol.
1. The committee shall cause an assessment to be conducted on a case-by-case basis of the public risk posed by a sex offender or sexually dangerous person:
  1. Who is required to register under § 12-12-905 after August 1, 1997; and
  2. For whom the Arkansas Crime Information Center has no record of an assessment's being done and a risk level established subsequent to August 1, 1997.
2. 1. 1. An adult offender convicted of an offense described in 42 U.S.C. § 14071 et seq., as it existed on March 1, 2003, Pub. L. No. 109-248, as it existed on January 1, 2007, or § 12-12-903(13) shall be assessed.
    2. 1. Subject to subdivision (c)(1) of this section, the prosecuting attorney and any law enforcement agency shall furnish the file relating to the offender to Community Notification Assessment at the Division of Correction within thirty (30) days of an offender's adjudication of guilt.
      2. The prosecuting attorney shall make a copy of any relevant records concerning the offender and shall forward the copied relevant records to Community Notification Assessment within thirty (30) days of the adjudication.
        
        The relevant records include, but are not limited to:
        
        Arrest reports;
        
        Incident reports;
        
        Offender statements;
        
        Judgment and disposition forms;
        
        Medical records;
        
        Witness statements; and
        
        Any record considered relevant by the prosecuting attorney.
        
        All psychological evaluations and psychiatric hospital reports;
        
        Sex offender or sexually dangerous person treatment program reports;
        
        Juvenile court records;
        
        Victim impact statements;
        
        Investigation reports to the Child Abuse Hotline, the Division of Children and Family Services of the Department of Human Services, and any entity contracting with the Department of Human Services for investigation or treatment of sexual or physical abuse or domestic violence; and
        
        Statements of medical providers treating victims of sex offenses indicating the extent of injury to the victim.
  2. A sex offender sentenced to life, life without parole, or death shall be assessed only if the sex offender is being considered for release.
3. A sex offender currently in the state who has not been assessed and classified shall be identified by the center.
4. 1. If a sex offender fails to appear for assessment, is aggressive, threatening, or disruptive to the point that Community Notification Assessment staff cannot proceed with the assessment process, or voluntarily terminates the assessment process after having been advised of the potential consequences:
    1. The sex offender shall be classified as a risk Level 3 or referred to the Sex Offender Assessment Committee as a risk Level 4; and
    2. The parole or probation officer, if applicable, shall be notified.
  2. A sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of § 16-43-601 et seq.
  3. Assessment personnel shall report ongoing child maltreatment as required under the Child Maltreatment Act, § 12-18-101 et seq.
1. To the extent permissible and under the procedures established by state rules and federal regulations, public agencies shall provide the committee access to all relevant records and information in the possession of public agencies or any private entity contracting with a public agency relating to the sex offender or sexually dangerous person under review.
2. The records and information include, but are not limited to:
  1. Police reports;
  2. Statements of probable cause;
  3. Presentence investigations and reports;
  4. Complete judgments and sentences;
  5. Current classification referrals;
  6. Criminal history summaries;
  7. Violation and disciplinary reports;
1. Records and information obtained under this section shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise authorized by law.
2. 1. 1. The sex offender or sexually dangerous person shall have access to records and information generated and maintained by the committee.
    2. These records shall include any reports of the assessment and the tape of the interview but do not include restricted source documents of commercial psychological tests or working notes of staff.
  2. 1. Unless otherwise ordered by a court of competent jurisdiction, records and information generated by other agencies and obtained under this section shall not be available to the sex offender or sexually dangerous person except through the agency or individual having primary custody of the records.
    2. Upon request, the sex offender shall be given a list of the records or information obtained.
  3. If the record or information generated contains the address of a victim or a person who has made a statement adverse to the sex offender or sexually dangerous person, the address shall be redacted and the sex offender or sexually dangerous person shall have access to records and information other than the identity and address.
In classifying the sex offender into a risk level for the purposes of public notification under § 12-12-913, the committee, through its staff, shall review each sex offender or sexually dangerous person under its authority:
1. Prior to the sex offender's release for confinement in a correctional facility;
2. Prior to the release of a person who has been committed following an acquittal on the grounds of mental disease or defect;
3. At the start of a sex offender's suspended imposition of sentence; or
4. At the start of a sex offender's probation period.
1. 1. The committee shall issue the offender fact sheet to the local law enforcement agency having jurisdiction.
  2. The offender fact sheet is provided to assist the local law enforcement agency having jurisdiction in its task of community notification.
2. The committee shall provide the Parole Board with copies of the offender fact sheet on inmates of the Division of Correction.
3. The committee shall provide the Division of Community Correction with copies of the offender fact sheet on any sex offender under the Division of Community Correction's supervision.
4. 1. 1. The offender fact sheet shall be prepared on a standard form for ease of transmission and communication.
    2. The offender fact sheet shall be on an internet-based application accessible to law enforcement, state boards, and licensing agencies.
    3. The offender fact sheet of a sexually dangerous person or a sex offender found by the center to be in violation of the registration requirement shall be made available to the general public unless the release of the offender fact sheet, in the opinion of the committee based on a risk assessment, places an innocent individual at risk.
  2. The standard form shall include, but not be limited to:
    1. Registration information as required in § 12-12-908;
    2. Risk level;
    3. Date of deoxyribonucleic acid (DNA) sample;
    4. Psychological factors likely to affect sexual control;
    5. Victim age and gender preference;
    6. Treatment history and recommendations; and
    7. Other relevant information deemed necessary by the committee or by professional staff performing sex offender assessments.
5. 1. The committee shall ensure that the notice is complete in its entirety.
  2. A law enforcement officer shall notify the center if a sex offender has moved or is otherwise in violation of a registration requirement.
6. 1. All material used in the assessment shall be kept on file in its original form for one (1) year.
  2. After one (1) year the file may be stored electronically.
1. In cooperation with the committee, the Division of Correction shall promulgate rules to establish the review process for assessment determinations.
2. 1. The sex offender or sexually dangerous person may request an administrative review of the assigned risk level under the conditions stated and following the procedures indicated under § 12-12-922.
  2. The sex offender shall be notified of these rights and procedures in the documentation sent with the notification of risk level.
1. 1. A sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender or sexually dangerous person after five (5) years have elapsed since initial risk assessment by the committee and may renew that request one (1) time every five (5) years.
  2. In the request for reassessment, the sex offender or sexually dangerous person shall list the facts and circumstances that demonstrate that the sex offender no longer poses the same degree of risk to the community.
2. 1. A local law enforcement agency having jurisdiction, the Division of Community Correction, or the Parole Board may request the committee to reassess a sex offender's assigned risk level at any time.
  2. In the request for reassessment, the local law enforcement agency having jurisdiction, the Division of Community Correction, or the Parole Board shall list the facts and circumstances that prompted the requested reassessment.
3. The committee shall also take into consideration any subsequent criminal act by the sex offender or sexually dangerous person during a reassessment.

History. Acts 1997, No. 989, § 17; 1999, No. 1353, §§ 10, 11; 2001, No. 1743, § 12; 2003 (2nd Ex. Sess.), No. 21, § 8; 2005, No. 1962, §§ 36, 37; 2006 (1st Ex. Sess.), No. 4, § 5; 2007, No. 394, § 9; 2009, No. 758, § 25; 2013, No. 505, § 15; 2019, No. 315, §§ 865, 866; 2019, No. 910, §§ 720-723.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1999, No. 1353, § 10. This section was also amended by Acts 1999, No. 1353, § 11 to read as follows:

“The Sex Offenders Assessment Committee shall develop an evaluation protocol for preparing reports to assist courts in making determinations whether or not a person adjudicated guilty of a sexually violent offense should be considered a sexually violent predator for purposes of this subchapter. The committee shall also establish qualifications for and qualify examiners to prepare reports in accordance with the evaluation protocol.”

Acts 2009, No. 758, § 29, provided:

“Contingent Effectiveness. This act shall not become effective unless an act of the Eighty-Seventh General Assembly repealing the Arkansas Child Maltreatment Act, § 12-12-501 et seq., and enacting a new Child Maltreatment Act, § 12-18-101 et seq., becomes effective.”

The contingency in Acts 2009, No. 758, § 29, was met by Acts 2009, No. 749.

Amendments. The 2005 amendment, in (b)(4)(A), substituted “state” for “community” and “center” for “Arkansas Crime Information Center”; and, in (b)(4)(B)(ii)(b ), substituted “A sex offender shall have immunity for a statement” for “Statements,” “him or her” for “a sex offender,” and deleted “shall be deemed to have been given use immunity” preceding “under the immunity provisions.”

The 2006 (1st Ex. Sess.) amendment rewrote (b).

The 2009 amendment substituted “Child Maltreatment Act, § 12-18-101 et seq.” for “Arkansas Child Maltreatment Act, § 12-12-501 et seq.” in (b)(4)(C).

The 2013 amendment substituted “dangerous persons” for “violent predators” in the section heading; substituted “dangerous person” for “violent predator” and “Community Notification Assessment” for “Sex Offender Screening and Risk Assessment” throughout the section; substituted “dangerous person or” for “violent predator and” in (f)(4)(A)(iii); rewrote (h)(1)(A); and inserted “or sexually dangerous person” in (h)(1)(B).

The 2019 amendment by 315 inserted “rules” in (c)(1); and deleted “and regulations” following “rules” in (g)(1).

The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction” throughout the section.

Research References

ALR.

Validity, Construction, and Application of State Sex Offender Registration Statutes Concerning Level of Classification — Initial Classification Determination. 65 A.L.R.6th 1.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2001 Arkansas General Assembly, Law Enforcement and Emergency Management, 24 U. Ark. Little Rock L. Rev. 501.

Case Notes

Authority to Request Reassessment.

Circuit court properly affirmed the Sex Offender Assessment Committee's reassessment of defendant's community-notification status; while the county deputy prosecuting attorney was not authorized to request risk-level reassessment, defendant failed to raise the issue before the Committee. Sarna v. Ark. Dep't of Corr. Sex Offender Comm., 2017 Ark. App. 684, 537 S.W.3d 312 (2017).

Due Process.

Under the flexible Mathews factors, the procedural avenues afforded by the Sex Offender Registration Act, § 12-12-901 et seq., were constitutionally adequate and provided notice to offenders of the risk assessment process and a meaningful opportunity to be heard; the Registration Act provides for an adversarial judicial review of the Sex Offender Assessment Committee's administrative review decision, with the full procedural guarantees set forth in the Arkansas Administrative Procedure Act, and it was unlikely that a right to counsel or to confront witnesses at the initial assessment stage would have appreciably reduced the risk of an erroneous determination. Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006), cert. denied, 550 U.S. 917, 127 S. Ct. 2128, 167 L. Ed. 2d 862 (2007).

Regardless of the reason one was required to register as a sex offender, the procedures afforded by the Sex Offender Registration Act, § 12-12-901 et seq., were the same; those procedures comported with procedural due-process requirements. Ark. Dep't of Corr. v. Bailey, 368 Ark. 518, 247 S.W.3d 851 (2007).

Alleged sex offender's due process rights under the United States and Arkansas Constitutions were not violated by a determination that he was a Level 3 offender because he had a meaningful opportunity to be heard through a face-to-face interview and review by a sex offender assessment committee. A second face-to-face interview was not required. Burchette v. Sex Offender Screening & Risk Assessment Comm., 374 Ark. 467, 288 S.W.3d 614 (2008).

Substantial Evidence.

Where the Sex Offender Screening and Risk Assessment Committee specifically found that the documents it received pursuant to subsection (c) of this section reflected appellant was convicted of two separate sexual assaults on two separate women, admitted that he had been involved in forced sex acts, could not stand rejection, thought about raping, and said that raping made him feel better, there was substantial evidence to support the Committee's assessment of appellant as a level four offender. The Committee did not improperly base appellant's classification upon his demeanor. Parkman v. Sex Offender Screening & Risk Assessment Comm., 2009 Ark. 205, 307 S.W.3d 6 (2009).

Under this section and §§ 12-12-913 and 12-12-922, the evidence supported the sex offender's Level 2 assessment where his victim was outside the home and a Level 1 assessment only required notification inside the home and to local law enforcement, which was insufficient; the offender also indicated refusal to participate in sex-offender treatment. Gwaltney v. Sex Offender Assessment Comm., 2009 Ark. App. 668 (2009).

Cited: Ark. Dep't of Corr. Sex Offender Screening & Risk Assessment v. Claybaugh, 93 Ark. App. 11, 216 S.W.3d 134 (2005).

Notes of Decisions

Cited in 17 cases (7 in the last 5 years), 2005–2024 · leading case: Arkansas Dep't of Corr. v. Bailey, 247 S.W.3d 851 (Ark. 2007).

Sort: Relevance Newest Treatment

Arkansas Dep't of Corr. v. Bailey, 247 S.W.3d 851 (Ark. 2007). · cites it 4× “Under Ark. Code Ann. § 12-12-917 (b)(1) (Repl. 2003), examiners use the information gathered from the assessment to determine the applicable level of risk.”

In Re Commitment of Fisher, 164 S.W.3d 637 (Tex. 2005). “” While Fisher is correct that the Act does not specify that risk levels be assigned, the Act gives the trial court leeway to fashion restrictions tailored to the particular SVP facing commitment.”

Parkman v. Sex Offender Screening & Risk Assessment Comm., 307 S.W.3d 6 (Ark. 2009). · cites it 2× “Community Impact Risk: 4 In its findings of fact and conclusions of law upon administrative review, the Committee specifically found that the documents it received pursuant to Ark.Code Ann. § 12-12-917(c) reflected: a) There are multiple victims.”

Lenard v. Kelley, 2017 Ark. 186 (Ark. 2017). · cites it 2× “Ark. Code Ann. § 12-12-917 (b)(4)(A)(i). However, the implementation of a level-three risk assessment by SOCNA is not a means through which a classification of a felony can be upgraded or a misdemeanor offense can be transformed into a felony offense.”

Arkansas Dep't of Corr. Sex Offender Assessment Comm. v. Terry W. Hastings, 2024 Ark. App. 407 (Ark. Ct. App. 2024). · cites it 2× “Ark. Code Ann. § 12-12-917 (Supp. 2023). These assessments may include, but are not limited to, a review of the offender’s criminal history, the assessor’s interview of the sex offender, a review of available mental- health or treatment records that may be relevant to the…”

Burchette v. Sex Offender Screening & Risk Assessment Comm., 288 S.W.3d 614 (Ark. 2008). “§ 12-12-917(b). Under the regulations promulgated by SOAC, SOSRA examiners perform the initial risk assessment, as was done with Burchette.”

Arkansas Dep't of Human Servs. v. Steven Mitchell-62, 2021 Ark. App. 43 (Ark. Ct. App. 2021). · cites it 4× “” Third, he argued that Arkansas Code Annotated section 12-12-917(b)(4)(B), declaring that “[a] sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of section 16-43-601,” barred the…”

Arkansas Dep't of Human Servs. v. Steven Mitchell-63, 2021 Ark. App. 53 (Ark. Ct. App. 2021). · cites it 6× “Mitchell also argued that Arkansas Code Annotated section 12-12-917(b)(4)(B), which affords immunity for any prior sexual misconduct disclosed during a sex-offender assessment, barred the ALJ’s consideration of any admissions that he made there.”

State of Ark. Sex Offender Risk Assessment Comm. v. Wallace, 2013 Ark. App. 654 (Ark. Ct. App. 2013). · cites it 2× “Ark. Code Ann. § 12-12-917 (b) (Repl. 2009).”

Dillard v. Sex Offender Assessment Comm., 2016 Ark. App. 147 (Ark. Ct. App. 2016). · cites it 2× “Arkansas Code Annotated section 12-12-917(h) (Supp. 2015) provides that a sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender after five years have elapsed from the initial risk assessment.”

Sarna v. Arkansas Dep't of Corr. Sex Offender Comm., 537 S.W.3d 312 (Ark. Ct. App. 2017). · cites it 4× “Ark. Code Ann. § 12-12-917 (h)(2)(A). Arkansas Code Annotated section 12-12-903(6) (Supp.”

Weems v. Little Rock Police Dep't, 453 F.3d 1010 (8th Cir. 2006). “Ark.Code Ann. § 12-12-917(b)(l), (e). Examiners do not have authority to categorize sex offenders as Level 4, sexually violent predators.”

Show all 17 citing cases →

— Ark. Code Ann. § 12-12-917(b) — 1 case

— Ark. Code Ann. § 12-12-917(b)(4)(B) — 3 cases

Arkansas Dep't of Human Servs. v. Steven Mitchell-62, 2021 Ark. App. 43 (Ark. Ct. App. 2021). “” Third, he argued that Arkansas Code Annotated section 12-12-917(b)(4)(B), declaring that “[a] sex offender has immunity for a statement made by him or her in the course of assessment with respect to prior conduct under the immunity provisions of section 16-43-601,” barred the…”

Arkansas Dep't of Human Servs. v. Steven Mitchell-63, 2021 Ark. App. 53 (Ark. Ct. App. 2021). “Mitchell also argued that Arkansas Code Annotated section 12-12-917(b)(4)(B), which affords immunity for any prior sexual misconduct disclosed during a sex-offender assessment, barred the ALJ’s consideration of any admissions that he made there.”

Arkansas Dep't of Human Servs. Crimes Against Child. Div. v. Steven D. Mitchell, 2021 Ark. 187 (Ark. 2021).

— Ark. Code Ann. § 12-12-917(b)(l) — 1 case

— Ark. Code Ann. § 12-12-917(c) — 1 case

Parkman v. Sex Offender Screening & Risk Assessment Comm., 307 S.W.3d 6 (Ark. 2009). “Community Impact Risk: 4 In its findings of fact and conclusions of law upon administrative review, the Committee specifically found that the documents it received pursuant to Ark.Code Ann. § 12-12-917(c) reflected: a) There are multiple victims.”

— Ark. Code Ann. § 12-12-917(h) — 1 case

Dillard v. Sex Offender Assessment Comm., 2016 Ark. App. 147 (Ark. Ct. App. 2016). “Arkansas Code Annotated section 12-12-917(h) (Supp. 2015) provides that a sex offender or sexually dangerous person may request the committee to reassess the assigned risk level of the sex offender after five years have elapsed from the initial risk assessment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.