Ark. Code Ann. » Title 9 Chapter 27
Arkansas Code Annotated

Ark. Code Ann. § 9-27-356 (2020)

Juvenile sex offender assessment and registration

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. If a juvenile is an adjudicated delinquent for any of the following offenses, the court shall order a sex offender screening and risk assessment:
    1. Rape, § 5-14-103;
    2. Sexual assault in the first degree, § 5-14-124;
    3. Sexual assault in the second degree, § 5-14-125;
    4. Incest, § 5-26-202; or
    5. Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303.
    1. The court may order a sex offender screening and risk assessment if a juvenile is adjudicated delinquent for any offense with an underlying sexually motivated component.
    2. The court may require that a juvenile register as a sex offender upon recommendation of the Sex Offender Assessment Committee and following a hearing as set forth in subsection (e) of this section.
  3. The juvenile division of circuit court judge may order reassessment of the sex offender screening and risk assessment by the committee at any time while the court has jurisdiction over the juvenile.
  4. Following a sex offender screening and risk assessment, the prosecutor may file a motion to request that a juvenile register as a sex offender at any time while the court has jurisdiction of the delinquency case if a juvenile is found delinquent for any of the offenses listed in subsection (a) of this section.
    1. The court shall conduct a hearing within ninety (90) days of the registration motion.
      1. The juvenile defendant shall be represented by counsel, and the court shall consider the following factors in making its decision to require the juvenile to register as a delinquent sex offender:
        1. The seriousness of the offense;
        2. The protection of society;
        3. The level of planning and participation in the alleged offense;
        4. The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses;
        5. Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;
        6. The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and
        7. Any other factors deemed relevant by the court.
      2. However, under no circumstances shall the exercise by the juvenile of the right against self-incrimination, the right to an adjudication hearing or appeal, the refusal to admit to an offense for which he or she was adjudicated delinquent, or the refusal to admit to other offenses in the assessment process be considered in the decision whether to require registration.
    1. The court shall make written findings on all the factors in subsection (e) of this section.
    2. Upon a finding by clear and convincing evidence that a juvenile should or should not be required to register as a sex offender, the court shall enter its order.
  7. When the juvenile division of circuit court judge orders a juvenile to register as a sex offender, the judge shall order either the Division of Youth Services of the Department of Human Services or a juvenile probation officer to complete the registration process by:
    1. Completing the sex offender registration form;
    2. Providing a copy of the sex offender registration order, fact sheet, registration form, and the Juvenile Sex Offender Rights and Responsibilities Form to the juvenile and the juvenile's parent, guardian, or custodian and explaining this information to the juvenile and the juvenile's parent, guardian, or custodian;
    3. Mailing a copy of the registration court order, fact sheets, and registration form to the Arkansas Crime Information Center, Sex Offender Registry Manager, 322 Main St #615, Little Rock, AR 72201;
    4. Providing local law enforcement agencies where the juvenile resides a copy of the sex offender registration form; and
    5. Ensuring that copies of all documents are forwarded to the court for placement in the court file.
  8. The juvenile may petition the court to have his or her name removed from the sex offender register at any time while the court has jurisdiction over the juvenile or when the juvenile turns twenty-one (21) years of age, whichever is later.
  9. The juvenile division of circuit court judge shall order the juvenile's name removed from the sex offender register upon proof by a preponderance of the evidence that the juvenile does not pose a threat to the safety of others.
  10. If the court does not order the juvenile's name removed from the sex offender register, the juvenile shall remain on the sex offender register for ten (10) years from the last date on which the juvenile was adjudicated a delinquent or found guilty as an adult for a sex offense or until the juvenile turns twenty-one (21) years of age, whichever is longer.
  11. Once a juvenile is ordered to register as a sex offender, he or she shall be subject to the registration requirements set forth in §§ 12-12-904, 12-12-906, 12-12-908, 12-12-909, and 12-12-912.

History. Acts 2003, No. 1265, § 1; 2005, No. 1191, § 10.

Amendments. The 2005 amendment inserted “or found guilty” in (j).

Research References

ALR.

State Statutes or Ordinances Requiring Persons Previously Convicted of Crime to Register with Authorities as Applied to Juvenile Offenders — Duty to Register, Requirements for Registration, and Procedural Matters. 38 A.L.R.6th 1.

State Statutes or Ordinances Requiring Persons Previously Convicted of Crime to Register with Authorities as Applied to Juvenile Offenders — Expungement, Stay or Deferral, Exceptions, Exemptions, and Waiver. 39 A.L.R.6th 577.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Family Law, Juvenile Sex Offenders, 26 U. Ark. Little Rock L. Rev. 419.

Case Notes

Jurisdiction.

Court had jurisdiction to remove appellee's name from the Arkansas sex-offender registry, because the plain language of the statute provided that the court had jurisdiction to consider the petition either while the court still had jurisdiction over the juvenile or when the juvenile turned age 21. State v. V.H., 2013 Ark. 344, 429 S.W.3d 243 (2013).

Recommendation.

Appellant was adjudicated delinquent for the offense of sexual assault in the second degree, which is an explicitly enumerated offense listed in subsection (a) of this section. Although appellant asserted that the trial court did not receive the requisite recommendation from the Sex Offender Assessment Committee to order him to register as a sex offender, there is no requirement of a recommendation from the Sex Offender Assessment Committee for offenses listed in subsection (a), as is evident from subsection (d). J.L.W. v. State, 2019 Ark. App. 40, 570 S.W.3d 480 (2019).

Registration Proper.

Finding that the juvenile needed to register as a sexual offender was proper pursuant to subsection (e) of this section where his multiple sexual offenses were serious and where he had exhibited manipulative behavior by infiltrating his best friend's family and then sexually abusing their daughter; further, the juvinile's level of planning and participation weighed against him. L.W. v. State, 89 Ark. App. 318, 202 S.W.3d 552 (2005).

Trial court abided by the prohibition contained in this section not to consider a juvenile's refusal to admit the offense because although the trial court did mention the juvenile's refusal to admit that he raped his cousin, it expressly stated that it did not take that fact into consideration in deciding whether the juvenile was to register as a juvenile sex offender; instead, the trial court focused on that portion of the Community Notification Risk Assessment and testimony indicating that the juvenile failed to make progress in the program specially designed for him that did not require him to admit his transgressions. T.Y.R. v. State, 2010 Ark. App. 475 (2010).

Trial court's conclusion that defendant juvenile had to register as a sex offender was not clearly erroneous because the trial court found that the juvenile's prospects for rehabilitation were unlikely; that finding was based on testimony and evidence that, after almost two years, the juvenile had failed to make significant progress in treatment and that the prognosis for his completing the program was poor. T.Y.R. v. State, 2010 Ark. App. 475 (2010).

Trial court properly denied a juvenile's motion to dismiss the State's motion requesting that the juvenile be required to register as a sex offender under this section where he had been adjudicated delinquent for an offense under subsection (b) of this section, which authorized the trial court to hold a hearing and require registration when the assessment resulted in a recommendation that the juvenile be required to register. W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649 (2016).

Circuit court did not clearly err in finding that a juvenile should be ordered to register as a sex offender where the risk assessment showed that he had a history of sexually aggressive behaviors and that, despite treatment at two residential facilities and an outpatient facility, he continued to display deviant sexual arousal toward his mother and younger children, and despite progress at a treatment facility, he continued to have deviant sexual urges and admitted forgetting the consequences of his actions once those urges were aroused. W.J.S. v. State, 2017 Ark. App. 47, 512 S.W.3d 688 (2017).

Written Findings.

Trial court erred in failing to make specific written findings on each of the factors in subdivision (e)(2)(A) of this section; simply listing the statutory factors did not constitute written findings. W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649 (2016).

Order requiring a juvenile to register as a sex offender was remanded where the circuit court merely recited the proper statutory factors to be considered but failed to make written findings on the factors as required by this section. D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878 (2017).

Trial court failed to make specific written findings on each statutory factor in this section, as required; thus, reversal and remand were necessary. A.M. v. State, 2018 Ark. App. 622 (2018).

Cited: C.M. v. State, 2010 Ark. App. 695 (2010).

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 2005–2021 · leading case: W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649.
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W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. · cites it 14× “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
J.L.W. v. State, 2019 Ark. App. 40, 570 S.W.3d 480. · cites it 29× “3d 878 , 879 (citing Ark. Code Ann. § 9-27-356 (a)(3) ). Id. at 2-3 , 528 S.”
A.M. v. State, 2018 Ark. App. 622, 568 S.W.3d 286. · cites it 10× “A.M. argues that the trial court lacked the authority to enter the registration order because the statute contemplates the State filing a motion seeking registration.”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. · cites it 14× “was placed on the sex-offender registry as a juvenile pursuant to Arkansas Code Annotated section 9-27-356. The State brings its appeal from the circuit court’s grant |12of V.”
The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, IN the INTEREST OF T.B., Respondent/Cross-Petitioner, 489 P.3d 752 (Colo. 2021). “§ 13-3821 (D) ( 2021 ) ; Ark. Code Ann. § 9-27-356 (j) ( 2021 ) ; Cal.”
D.S. v. State, 2017 Ark. App. 485. · cites it 16× “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may 2 Cite as 2017 Ark.”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. · cites it 14× “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
W.J.S. v. State, 2016 Ark. App. 310. · cites it 14× “Ark. Code Ann. § 9-27-356 (f). Appellant has not cited, nor have we found, any cases discussing the adequacy of the trial court’s findings under section 9-27-356; however, we note that nearly identical statutory language is found in another part of the juvenile code.”
L.W. v. State, 202 S.W.3d 552 (Ark. Ct. App. 2005). · cites it 8× “, a minor, argues that the trial court’s determination that clear and convincing evidence supported the need for him to register as a sexual offender, pursuant to Ark. Code Ann. § 9-27-356 (e) (Supp. 2003), was clearly erroneous.”
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. · cites it 14× “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. · cites it 14× “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. · cites it 14× “was placed on the sex-offender registry as a juvenile pursuant to Arkansas Code Annotated section 9-27-356. The State brings its appeal from the circuit court’s grant |12of V.”
Show all 20 citing cases →
Ark. Code Ann. § 9-27-356(a): 1 case
J.L.W. v. State, 2019 Ark. App. 40, 570 S.W.3d 480. “3d 878 , 879 (citing Ark. Code Ann. § 9-27-356 (a)(3) ). Id. at 2-3 , 528 S.”
Ark. Code Ann. § 9-27-356(b): 3 cases
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
W.J.S. v. State, 2016 Ark. App. 310. “Ark. Code Ann. § 9-27-356 (f). Appellant has not cited, nor have we found, any cases discussing the adequacy of the trial court’s findings under section 9-27-356; however, we note that nearly identical statutory language is found in another part of the juvenile code.”
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
Ark. Code Ann. § 9-27-356(b)(1): 1 case
J.L.W. v. State, 2019 Ark. App. 40, 570 S.W.3d 480. “3d 878 , 879 (citing Ark. Code Ann. § 9-27-356 (a)(3) ). Id. at 2-3 , 528 S.”
Ark. Code Ann. § 9-27-356(b)(2): 4 cases
J.L.W. v. State, 2019 Ark. App. 40, 570 S.W.3d 480. “3d 878 , 879 (citing Ark. Code Ann. § 9-27-356 (a)(3) ). Id. at 2-3 , 528 S.”
D.S. v. State, 2017 Ark. App. 485. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may 2 Cite as 2017 Ark.”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
Ark. Code Ann. § 9-27-356(d): 3 cases
L.W. v. State, 202 S.W.3d 552 (Ark. Ct. App. 2005). “, a minor, argues that the trial court’s determination that clear and convincing evidence supported the need for him to register as a sexual offender, pursuant to Ark. Code Ann. § 9-27-356 (e) (Supp. 2003), was clearly erroneous.”
W.H. v. State of Arkansas, 2021 Ark. App. 504, 638 S.W.3d 329.
LW v. State, 202 S.W.3d 552 (Ark. Ct. App. 2005).
Ark. Code Ann. § 9-27-356(e): 4 cases
D.S. v. State, 2017 Ark. App. 485. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may 2 Cite as 2017 Ark.”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
D.S. v. State, 2017 Ark. App. 485, 528 S.W.3d 878. “Ark. Code Ann. § 9-27-356 (a)(3). This statute provides that the court may | .”
W.H. v. State of Arkansas, 2021 Ark. App. 504, 638 S.W.3d 329.
Ark. Code Ann. § 9-27-356(e)(2)(A): 5 cases
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
A.M. v. State, 2018 Ark. App. 622, 568 S.W.3d 286. “A.M. argues that the trial court lacked the authority to enter the registration order because the statute contemplates the State filing a motion seeking registration.”
W.J.S. v. State, 2016 Ark. App. 310. “Ark. Code Ann. § 9-27-356 (f). Appellant has not cited, nor have we found, any cases discussing the adequacy of the trial court’s findings under section 9-27-356; however, we note that nearly identical statutory language is found in another part of the juvenile code.”
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
W.H. v. State of Arkansas, 2021 Ark. App. 504, 638 S.W.3d 329.
Ark. Code Ann. § 9-27-356(f): 4 cases
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
L.W. v. State, 202 S.W.3d 552 (Ark. Ct. App. 2005). “, a minor, argues that the trial court’s determination that clear and convincing evidence supported the need for him to register as a sexual offender, pursuant to Ark. Code Ann. § 9-27-356 (e) (Supp. 2003), was clearly erroneous.”
W.J.S. v. State, 2016 Ark. App. 310, 495 S.W.3d 649. “At the registration hearing, appellant moved to dismiss the State’s motion, arguing that the State did not have standing to bring the motion under the juvenile-registration statute, Arkansas Code Annotated section 9-27-356 (Repl.2015). The trial court denied appellant’s motion.”
LW v. State, 202 S.W.3d 552 (Ark. Ct. App. 2005).
Ark. Code Ann. § 9-27-356(h): 3 cases
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “was placed on the sex-offender registry as a juvenile pursuant to Arkansas Code Annotated section 9-27-356. The State brings its appeal from the circuit court’s grant |12of V.”
State v. V.H., 2013 Ark. 344, 429 S.W.3d 243. “was placed on the sex-offender registry as a juvenile pursuant to Arkansas Code Annotated section 9-27-356. The State brings its appeal from the circuit court’s grant |12of V.”
State v. V.H., 2013 Ark. 344.
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