699 S.W.3d 123
Ark. Ct. App.2024Background
- Terry Hastings, a former supervisor at the Independence County Recycling Center, pleaded no contest in 2018 to four counts of third-degree sexual assault against female inmates under his supervision.
- Hastings was required to register as a sex offender and underwent an assessment by the Arkansas Department of Corrections Sex Offender Assessment Committee (the Committee), receiving a Level 3 community notification designation.
- Multiple female inmates reported coercive and repeated sexual offenses by Hastings, with evidence showing he used his position of authority and provided contraband to facilitate the assaults.
- During his assessment interview, Hastings admitted to additional, previously unreported sexual contacts with other inmates over a span of 15 years, but denied any criminal intent or abuse of authority.
- Hastings challenged the Level 3 designation in both administrative review and court, arguing the assessment lacked substantial evidence and failed to follow procedural requirements such as psychological testing.
- The Pulaski County Circuit Court reversed the Committee's decision, but the Arkansas Court of Appeals reinstated the Level 3 designation, finding substantial evidence supported the Committee's assessment.
Issues
| Issue | Hastings's Argument | Committee's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports Level 3 | Evidence insufficient for Level 3 designation | Multiple victims & predatory history justify L3 | Level 3 supported by substantial evidence |
| Adequacy of Assessment Procedures | Assessment lacked required psychological testing | Psychological testing not mandatory in all cases | Procedures properly followed |
| Weight of Actuarial Risk Scores | Low actuarial scores should preclude Level 3 | Actuarial scores just one factor considered | No set correlation; Committee has discretion |
| Influence of Offender's Position of Authority | No abuse of authority; inmates were willing | Used authority over vulnerable inmates repeatedly | Pattern of predation justifies Level 3 |
Key Cases Cited
- Dillard v. Sex Offender Assessment Comm., 485 S.W.3d 701 (Ark. App. 2016) (describes sex offender community-notification levels)
- Brown v. Sex Offender Assessment Comm., 2014 Ark. App. 236 (sets out administrative review standard for agency determinations)
- Sex Offender Assessment Comm. v. Sera, 666 S.W.3d 862 (Ark. App. 2023) (reiterates agency discretion on evidence and procedures)
- Bolding v. Ark. Pub. Emp. Ret. Sys., 646 S.W.3d 696 (Ark. App. 2022) (explains standard for finding agency decision not supported by substantial evidence)
- Mid-S. R.R. Builders, Inc. v. Ark. Contractors Licensing Bd., 946 S.W.2d 649 (Ark. 1997) (sets out 'substantial evidence' standard for agency decisions)