New Sex Offender Measures Now Law

Measures that mandate more frequent monitoring of sex offenders, including stringent registration requirements & the wearing of Global Positioning Satellite (GPS) tracking devices by some parolees are among some of the laws now in effect in Arizona. These measures, designed to provide law enforcement with more updated information on sex offenders to protect the public were passed by the legislature & signed into law by Gov. Napolitano this session; the measure requiring GPS devices (SB 1371) became law immediately when signed on June 22nd, 2006; the others, listed below, are effective as of yesterday.

Throughout the summer, key state agencies – the Az. Dept. of Public Safety (DPS), the Az. Dept. of Corrections (DOC) & the Az. Dept. of Transportation’s Motor Vehicle Division (MVD) – have worked diligently to prepare for implementation of the new laws.

A synopsis of the laws & actions taken:

SB 1371 - Requires Level 3 sex offenders, the most dangerous type, to wear GPS ankle bracelets that provide law enforcement with next-day data on offenders’ whereabouts. DOC is fitting inmates with these devices & has a system in place to monitor them. The legislature has provided $750,000 this fiscal year to DOC & an equal amount to the state supreme court to fund this program. (This bill had an attached emergency clause & took effect immediately when Gov. Napolitano signed it.)

SB 1229 - Sex offenders without a physical address will now be required to register every 90 days, rather than annually. Because homeless sex offenders can be difficult to track, frequent registration requirements will give law enforcement a better idea of where they can be found on a regular basis. DPS is working with local sheriff’s departments to ensure they have the tools needed to notify homeless sex offenders of the changes, & assist in any way.

SB 1471 - Nullifies immunity from prosecution for sex offenders who commit crimes, then seek immunity by conferring with their court-ordered therapists before victims have an opportunity to report the crimes to authorities. Prior to the passage of this measure, sex offenders could easily premeditate crimes, commit them, then immediately tell their therapists to avoid prosecution, leaving victims with no recourse, & no state victims’ rights.

SB 1230 - To enable law enforcement to more easily verify address & other information on sex offenders, the MVD will provide daily information updates to DPS. MVD has already begun implementing the system that will transmit the data to DPS on a day-to-day basis. This measure also:

* Requires out-of-state offenders to provide DNA samples to local authorities
* Waives the need for law enforcement to obtain a search warrant to arrest sex offenders who have absconded by failing to provide their current addresses to DPS
* Allows law enforcement agencies to arrest absconders regardless of their whereabouts. For example, a Tempe police officer may arrest a sex offender registered in Tempe who has absconded to Apache Junction or other community.

"These measures are stronger tools to protect the community by tracking sex offenders," said Gov. Napolitano. "Our State agencies are positioned to implement from Day One, & we have been working with local law enforcement to enforce them at the local level."

In the summer of 2005, the Governor directed DPS to establish “Project Absconder,” a program geared toward finding sex offenders who have failed to provide current address information as required by law. The program has dramatically reduced the absconder rate to one of the lowest in the Western states.