1. (a)

   1. (1) Sexually Dangerous Person refers to a person who:

      1. (A) Has been adjudicated guilty of a sex offense or acquitted on the grounds of mental disease or defect of a sex offense; and
      2. (B) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sex offenses.
   2. (2) The designation indicates that the highest and most visible means of community notification should be conducted on these offenders.

   3. (3) Sexually Dangerous Person status should be considered for the following:

      1. (A) Offenses involving multiple instances with multiple victims;
      2. (B) The offender caused or threatened serious harm to the victim or victims;
      3. (C) The offense or offenses involved bizarre, ritualistic, or sadistic behaviors;
      4. (D) The offense or offenses involved attempts on the part of the offender to manipulate himself or herself into a position of power or authority over, or establish a relationship with, the victim for the primary purpose of:

2. (i) Violation;

   1. (ii) Exploitation; or

      1. (iii) Victimization; and/or
      2. (E) Evidence of sexual deviancy or psychopathy exists.

3. (b) Potential routes for determination as to whether an individual should be designated a Sexually Dangerous Person:

   1. (1)

      1. (A) Pursuant to Arkansas Code § 12-12-918, a prosecutor may allege SDP status and upon conviction, the court shall enter an order for an assessment by an examiner qualified by the Sex Offender Assessment Committee.
      2. (B) SOCNA will prepare a report to be sent to the court with copies to the prosecuting attorney and the defense attorney.
      3. (C) Upon receipt of a report, the court shall determine if SDP status is appropriate; or

   2. (2)

      1. (A) Pursuant to Arkansas Code § 12-12-922, if during the course of a SOCNA assessment, grounds are found for believing that an individual may be an SDP, that information will be presented to the committee by SOCNA.

      2. (B) The committee will determine whether the offender meets the criteria for SDP by a majority vote.

         1. (c)
   3. (1) Sex offenders moving into the State of Arkansas from other states will be considered Sexually Dangerous Persons, if that or an equivalent determination has been made by the sending state.
   4. (2) If terminologies or criteria differ, SOCNA will request the offender’s assessment file.
   5. (3) SOCNA may make a determination based on that file or may require the offender to submit to assessment in Arkansas.

Codification Notes: “SOCNA” means Sex Offender Community Notification Assessment.