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12-12-918. Classification as sexually dangerous person.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-918. Classification as sexually dangerous person.
(a)(1) In order to classify a person as a sexually dangerous person, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually dangerous person.
(2)(A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person.
(B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney.
(C) The report shall not be admissible for purposes of sentencing.
(3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually dangerous person.
(b)(1) In order for the examiner qualified by the committee to prepare the report:
(A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or
(B) The committee may elect to send an examiner to the local or regional detention facility.
(2) The cost of the evaluation shall be paid by the Division of Correction.
(c)(1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually dangerous person, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually dangerous person.
(2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually dangerous person for one (1) year after sentencing or for so long
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-918
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-12-918
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b26efe43bd953c3193b86910a4c4d6e4fc854c36741a6eb4f3a307594c2d53a5
Source location: content.xml paragraph 5791
Stored source content
12-12-918. Classification as sexually dangerous person.
(a)(1) In order to classify a person as a sexually dangerous person, a prosecutor may allege on the face of an information that the prosecutor is seeking a determination that the defendant is a sexually dangerous person.
(2)(A) If the defendant is adjudicated guilty, the court shall enter an order directing an examiner qualified by the Sex Offender Assessment Committee to issue a report to the sentencing court that recommends whether or not the defendant should be classified as a sexually dangerous person.
(B) Copies of the report shall be forwarded immediately to the prosecutor and to the defense attorney.
(C) The report shall not be admissible for purposes of sentencing.
(3) After sentencing, the court shall make a determination regarding the defendant's status as a sexually dangerous person.
(b)(1) In order for the examiner qualified by the committee to prepare the report:
(A) The defendant may be sent for evaluation to a facility designated by the Division of Correction; or
(B) The committee may elect to send an examiner to the local or regional detention facility.
(2) The cost of the evaluation shall be paid by the Division of Correction.
(c)(1) Should evidence be found in the course of any assessment conducted by the committee that a defendant appears to meet the criteria for being classified as a sexually dangerous person, the committee shall bring this information to the attention of the prosecutor, who will determine whether to file a petition with the court for the defendant to be classified as a sexually dangerous person.
(2) The sentencing court shall retain jurisdiction to determine whether a defendant is a sexually dangerous person for one (1) year after sentencing or for so long as the defendant remains incarcerated for the sex offense.
(d)(1) The judgment and commitment order should state whether the offense qualifies as an aggravated sex offense.
(2) Should the aggravated sex offense box not be checked on the commitment order, the court will be contacted by the committee and asked to furnish a written determination as to whether the offense qualifies as an aggravated sex offense.
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