Serving a sex crime sentence in Arizona just got harder.During its second regular session of 2010, Arizona's Forty-Ninth Legislature amended Chapter 234, section 13-3821, of the Arizona Revised Statutes related to "Sentencing." It was amended by Arizona Senate Bill 1056. The new bill places stricter mandates on persons "Adjudicated Guilty Except Insane" when convicted of sex crimes.
Before the SB1056 amendment, a person who committed a sex offense did not have to register as a sex offender in the state of Arizona if the person was "Adjudicated Guilty Except Insane" or by "Not Guilty By Reason of Insanity." The new amendment requires out-of-state sex offenders to register as a sex offender in Arizona within 10 days of conviction or after entering Arizona's jurisdiction. The person must register in the county where convicted, or in the Arizona county where that person intends to permanently reside.
The bill also affects persons who are presently incarcerated. Persons serving a sentence after being "Adjudicated Guilty Except Insane" or by "Not Guilty By Reason of Insanity," for sex crimes under Chapter 234, must register within three (3) days of their release with both the county sheriff and the state department of corrections. As a condition of release, blood samples will be drawn and fees assessed for sex offender website monitoring. It is too early to tell whether the defense community will challenge these provisions as unconstitutional ex post facto laws because they place a new condition of release that was not present at the time the Court issued the original sentence.
Previously, persons "Adjudicated Guilty Except Insane" escaped listing on Arizona Department of Public Safety's Internet sex offender's website. No longer. Sex offender registration is mandatory. Further, persons similarly convicted who wish to participate in any interstate compact must also register as sex offenders. A warrant will be issued to anyone who fails to adhere to the new registration guidelines. As a result of this new community reporting requirement, residents should feel safer knowing the sex offenders' whereabouts.
The strongest provision of SB1056 makes sure that time sentenced is actual time served. When a person "Adjudicated Guilty Except Insane" has been deemed sane by a psychiatric security review board and the convict has a propensity to re-offend, the person will now be transferred back to the Arizona State Department of Corrections to serve the remainder of the sentence. This provision should find favor with victims and victims' rights advocate groups.
No comments:
Post a Comment