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12-12-923. Electronic monitoring of sex offenders.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-923. Electronic monitoring of sex offenders.
(a)(1) Upon release from incarceration, a sex offender determined to be a sexually dangerous person whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release.
(2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall:
(A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and
(B) Submit to the placement of electronic monitoring equipment upon his or her body.
(b) The agency responsible under § 12-12-915 for supervising the sex offender subject to electronic monitoring shall:
(1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and
(2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area.
(c)(1)(A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs.
(B)(i)(a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency.
(b) The supervising agency may at any time review and redetermine whether a sex offender is indigent.
(ii) The certificate of indigency shall:
(a) Be in a form approved by the supervising agency;
(b) Be executed under oath by the sex offender; and
(c) State in bold print that a fa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-923
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:12-12-923
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2fc7181a8fdab34516381b424f28cbccc03edff38ea71ed9e35526c9e1caba90
Source location: content.xml paragraph 5958
Stored source content
12-12-923. Electronic monitoring of sex offenders.
(a)(1) Upon release from incarceration, a sex offender determined to be a sexually dangerous person whose crime was committed after April 7, 2006, is subject to electronic monitoring for a period of not less than ten (10) years from the date of the sex offender's release.
(2) Within three (3) days after release from incarceration, a sex offender subject to electronic monitoring under subdivision (a)(1) of this section shall:
(A) Report to the agency responsible under § 12-12-915 for supervising the sex offender; and
(B) Submit to the placement of electronic monitoring equipment upon his or her body.
(b) The agency responsible under § 12-12-915 for supervising the sex offender subject to electronic monitoring shall:
(1) Use a system that actively monitors and identifies the sex offender's location and timely reports or records his or her presence near or within a crime scene or in a prohibited area or his or her departure from specified geographic limitations; and
(2) Contact the local law enforcement agency having jurisdiction as soon as administratively feasible if the sex offender is in a prohibited area.
(c)(1)(A) Unless a sex offender subject to electronic monitoring is indigent, he or she is required to reimburse the supervising agency a reasonable fee to defray the supervision costs.
(B)(i)(a) A sex offender who claims to be indigent shall provide a completed certificate of indigency to the supervising agency.
(b) The supervising agency may at any time review and redetermine whether a sex offender is indigent.
(ii) The certificate of indigency shall:
(a) Be in a form approved by the supervising agency;
(b) Be executed under oath by the sex offender; and
(c) State in bold print that a false statement is punishable as a Class D felony.
(2)(A) The supervising agency shall determine the amount to be paid by a sex offender based on his or her financial means and ability to pay.
(B) However, the amount under subdivision (c)(2)(A) of this section shall not exceed fifteen dollars ($15.00) per day.
(d) A sex offender subject to electronic monitoring who violates subdivision (a)(2) of this section upon conviction is guilty of a Class C felony.
(e)(1) A person who knowingly alters, tampers with, damages, or destroys any electronic monitoring equipment worn by a sexually dangerous person under this section upon conviction is guilty of a Class C felony.
(2) Subdivision (e)(1) of this section does not apply to the owner of the electronic monitoring equipment or an agent of the owner performing ordinary maintenance or repairs to the electronic monitoring equipment.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-915. Authority — Rules.
(a) The Division of Correction, the Division of Community Correction, the Department of Human Services, the Administrative Office of the Courts, and the Arkansas Crime Information Center shall promulgate rules to establish procedures for:
(1) Notifying the sex offender of the obligation to register pursuant to this subchapter; and
(2) Registering the sex offender.
(b)(1) The Division of Community Correction shall monitor an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923.
(2) The Department of Human Services shall monitor an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923.
(c)(1) The Division of Community Correction shall promulgate rules to establish procedures for monitoring an adult sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923.
(2) The Department of Human Services shall promulgate rules to establish procedures for monitoring an adult or juvenile sex offender under its supervisory authority who is subject to electronic monitoring under § 12-12-923.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-915
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. The source passage cites 12-12-915. This identifies an authority to review, not proof of applicability.