Minutes of

 

                          COMMUNITY NOTIFICATION GUIDELINES COMMITTEE

 

                                                         Thursday, June 25, 1998

                                                                      9:00 a.m.

                                                         Senate Hearing Room 1

 

Cochair John Kaites called the meeting to order at 9:15 a.m. and attendance was noted.  See attached sheet for other attendees.

 

MEMBERS PRESENT                                                        MEMBERS ABSENT

Candyce B. Pardee, representing the Gila County           William H. Fitzgerald, Yavapai Cnty.

Attorney=s Office                                                        James Timmons, DPS

Ms. Lin Knowles, AZ Attorney General                               Representative John Verkamp

Sheriff Ralph Ogden, Yuma County                                    Representative John Loredo

Commander Leon Rawlings, Mesa P.D.                          

Kathleen Mayer, representing the Pima County

Attorney=s Office

Nancy Hughes, Asst. Dir. for Community Corrections, DOC

Detective John Rodriguez for the Flagstaff Police Department

Russell Pearce, Director of MVD

Dr. Terry Scritchlow

Senator Pete Rios

Senator John Kaites, Cochair

 

STAFF

Rick Pyper, Senate Judiciary Analyst

Jim Drake, House Judiciary Analyst

 

QUARTERLY REPORT - MR. VAL BIEBRICH

 

Mr. Biebrich distributed a handout entitled ASex Offender Community Notification Guidelines Committee Quarterly Statistical Report - June 25, 1998" (filed with original minutes) which he noted was a statistical recap of sex offenders profiled through June 11, 1998.  Referring to page 1, Mr. Biebrich reviewed the numbers and in response to a query from Senator Kaites confirmed that the unassigned number on the statistics of 528 account for the following: 117 delinquent notifications in which information has not yet been entered, 146 offenders which require registration only, and 265 that are considered county attorney notifications. 

 

Mr. Biebrich referred the Committee members to S.B. 1332 and S.B. 1333 and explained that S.B. 1332 allowed funding for an administrative assistant and that S.B. 1333 involved legislative Aclean-up@ and would allow for an Internet Website of registered sex offenders

 

 

in Arizona.  Senator Kaites asked what the estimated time line was for the Website project.  Mr. Biebrich said it was anticipated that the Website would be active before January 2000.  He further informed the Committee he was in the process of identifying office space and that it was anticipated that documentation on the most recent sex offenders would happen first.  He noted that geographic mapping techniques in conjunction with other types of referencing would be utilized in the Website and that information on sexual assault would also be available on the Website.

 

Senator Kaites, as a matter of information, explained that during the end of session, the funding for S.B. 1332 was accomplished with assistance from the Speaker of the House which had also allowed the funding to be outside the constraints of the ABox.@  He expressed his appreciation for the work of the House and Representative Verkamp.  Ms. Hughes also expressed her appreciation for Senator Kaites= work on the bills.

 

Ms. Hughes asked how the counties are currently doing in the area of procedure and in contacting law enforcement.  Mr. Biebrich explained that the large counties are having problems with notification regarding sex offenders but that those counties had been contacted and attempts were being made to resolve the issue.  Mr. Biebrich also spoke on the nationwide effort to have sex offender notification encompass all states, and explained that until such a database is on-line, the county attorneys are uncomfortable issuing warrants.  He added he felt issues had been resolved with Maricopa County. 

 

Senator Kaites asked what the penalty was for Afailure to notify.@  Mr. Biebrich said that current legislation changed the penalty from a class 6 to a class 4 felony.  Ms. Pardee said that it was felt the class 4 felony was enough for the county attorney to file charges.

 

Ms. Hughes spoke on the problems associated with tracking a person released from prison who leaves the State.  She said that a good faith effort is made by the Department of Corrections (DOC) to track the probationer.  Senator Kaites commented on the most effective way to Aclose the loophole@ is for the counties to file charges against those not registering and asked that the Committee continue to work with the counties on issuing warrants.  He asked about Pima County=s success in that area.

 

Ms. Mayer explained the main difficulty faced by the County was in the tracking and how to address those people who express an intention to come to their county and never arrive.  She pointed out current law does not allow for assumptions.   Mr. Biebrich commented on the creation of the Website which, he added, could help address that problem.

 

Ms. Hughes informed the Committee that DOC may have information on tracking that may be of interest to the counties and said she would be willing to share that information via letter or phone call.

 

Mr. Biebrich continued with his presentation, noting that several of those appointed to the Community Notification Guidelines Committee had terms of service that were soon to expire which needed to be addressed.  Senator Kaites further pointed out he was attempting to find a way to keep the Committee from being required to meet quarterly as was currently in Statute, noting that it would have to be addressed again by legislation in the following session. 

 

Barbara Broderick, Director of Adult Services, Supreme Court, distributed copies of the AArizona Sex Offender Assessment Screening Profile for Regulatory Community Notification@ (filed with original minutes) and asked the Committee to consider items 2, 3, 5, 6, 14, 17, 18 and 19 and their effect on transferred youth offenders.  She asked that changes be made, and suggested that two different forms be used for the two groups of offenders.  Senator Kaites suggested Ms. Broderick assist the working group in addressing the concerns raised regarding youth offenders and asked that those findings be submitted at the next quarterly meeting.

 

Ms. Hughes further informed the Committee that an expert from Minnesota was expected to assist in validating the screening profile, and asked that anyone interested in working on the form further to contact her.

 

Senator Kaites said he believed that issues noted by the Committee should be voted on at the last meeting of the year when new members who would serve during the following session would be available. 

 

Randy Walker, Probation Officer, Maricopa County, spoke on problems encountered by sex offenders on probation who were unable to get a license with a printed address from the Motor Vehicle Division (MVD).  He cited a possible communications problem with the MVD offices, noting that current law requires all sex offenders to get their licenses changed through MVD.  Mr. Pearce asked if Victor Reese had been contacted regarding this problem.  Mr. Walker said he had met with Mr. Reese last week and discussed an additional issue regarding retroactivity.  Mr. Pearce expressed concern regarding communication and the need to implement the policy properly.  He agreed accuracy was important and that he hoped Mr. Walker=s issue could be worked out.  Senator Kaites asked Mr. Walker to report back to the Committee on what transpires in resolution.  Mr. Walker said he believed the problem existed in counties other than Maricopa. 

 

Senator Kaites thanked all those present, especially those members who had traveled long distances to attend today=s meeting.

 

Without objection, the meeting was adjourned at 9:53 a.m.

 

Respectfully submitted,

 

_________________________________________

Arlene Seagraves, Committee Secretary

(Tapes and original minutes on file in the Office of the Secretary of the Senate)