A.R.S. tit. 13 ch. 38 — Arizona Revised Statutes Title 13 Chapter 38 — Miscellaneous

13-3801. Preventing offenses; aiding officer A. Public offenses may be prevented by intervention of peace officers as follows: 1. By requiring security to keep the peace. 2. Forming a police detail in cities and towns and requiring their attendance in exposed places. 3. Suppressing riots. B. When peace officers are authorized to act in preventing public offenses, other persons, who, by their command, act in their aid, are justified in so doing. 13-3802. Right to command aid for execution of process; exception; punishment for resisting process A. When a sheriff or other public officer authorized to execute process finds or has reason to believe that resistance will be made to execution of the process, the officer may command as many inhabitants of the county as the officer deems proper to assist in overcoming the resistance, except that a person may refuse to assist if the commanded assistance would expose that person to physical injury. B. The officer shall certify to the court from which the process issued the names of those persons resisting, and they may be proceeded against for contempt of court. 13-3803. Preserving peace at public meetings The mayor or other officer having direction of the police of a city or town shall order a force, sufficient to preserve the peace, to attend any public meeting, when apprehensive of a breach of the peace. 13-3804. Duty of officers to disperse unlawful assembly A. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, officials governing the city or town, peace officers or justices of the peace and constables, or any of them, shall go among the persons assembled, or as near to them as possible, and command them, in the name of the state, immediately to disperse. B. If the people assembled do not immediately disperse, the magistrate and officers shall arrest them, and for that purpose may command the aid of all persons present or within the county. 13-3806. Duty of physician or attendant upon treating certain wounds; classification A. A physician, surgeon, nurse or hospital attendant called upon to treat any person for gunshot wounds, knife wounds or other material injury which may have resulted from a fight, brawl, robbery or other illegal or unlawful act, shall immediately notify the chief of police or the city marshal, if in an incorporated city or town, or the sheriff, or the nearest police officer, of the circumstances, together with the name and description of the patient, the character of the wound and other facts which may be of assistance to the police authorities in the event the condition of the patient may be due to any illegal transaction or circumstances. B. Any violation of the provisions of this section by a physician, surgeon, nurse or hospital attendant, is a class 3 misdemeanor. 13-3811. Complaint A complaint may be laid before a magistrate that a person has threatened to commit an offense against the person or property of another. 13-3812. Examination of complainant; issuance of summons or warrant of arrest When the complaint is laid before the magistrate, he shall examine, on oath, the complainant and any witness he produces, and if there is just reason to believe that the commission of the offense threatened by the person complained of is imminent, the magistrate shall issue a summons, or warrant of arrest, reciting the substance of the complaint. If a warrant of arrest is issued, it shall command the officer to forthwith arrest the person complained of, and bring him before the magistrate. 13-3813. Hearing; discharge; bond; new bond; filing A. When the person complained of appears or is brought before the magistrate, if the charge is controverted the magistrate shall hear and determine it. B. If it appears that there is no just reason to believe the commission of the offense alleged to have been threatened is imminent, the person complained of shall be discharged. C. If there is just reason to believe the commission of the offense is imminent, the person complained of may be required to enter into a bond in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the state, and particularly toward the complainant. D. The bond provided in subsection C shall be binding for six months, and may, upon renewal of the complaint, be extended for a longer period, or a new bond may be required. E. The bond shall be filed by the magistrate in the office of the clerk of the superior court. 13-3814. Effect of filing bond; failure to file A. If the bond required by section 13-3813 is given, the party complained of shall be discharged. If such person does not give the bond, the magistrate shall commit him to jail, specifying in the commitment or warrant the requirement to give security, the amount thereof and the omission to give it. B. The person required to give bond may be discharged by any magistrate upon giving the bond. 13-3815. Breach and forfeiture; action for recovery; effect of conviction Upon conviction of the person complained against of any breach of the peace, the condition of bond is violated, and the county attorney shall thereupon commence action upon it in the name of the state. In the action, the offense charged in the record of conviction shall be alleged as a breach of the bond, and such record shall be conclusive evidence of the breach. 13-3816. Offense or threat in presence of magistrate; bond A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give bond as required in this article, and if he fails to do so he may be committed as provided by this article. 13-3821. Persons required to register; procedure; identification card; assessment; definitions A. A person who has been convicted of or adjudicated guilty except insane for a violation or attempted violation of any of the following offenses or who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the following offenses or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in this section or who is required to register by the convicting or adjudicating jurisdiction, within ten days after the conviction or adjudication or within seventy-two hours, excluding weekends and legal holidays, after entering and remaining for at least seventy-two hours in any county of this state, shall register with the sheriff of that county: 1. Unlawful imprisonment pursuant to section 13-1303 if the victim is under eighteen years of age and the unlawful imprisonment was not committed by the child's parent. 2. Kidnapping pursuant to section 13-1304 if the victim is under eighteen years of age and the kidnapping was not committed by the child's parent. 3. Sexual abuse pursuant to section 13-1404 if the victim is under eighteen years of age. 4. Sexual conduct with a minor pursuant to section 13-1405. 5. Sexual assault pursuant to section 13-1406. 6. Sexual assault of a spouse if the offense was committed before August 12, 2005. 7. Molestation of a child pursuant to section 13-1410. 8. Continuous sexual abuse of a child pursuant to section 13-1417. 9. Taking a child for the purpose of prostitution pursuant to section 13-3206. 10. Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017. 11. Child sex trafficking pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed on or after August 9, 2017. 12. Commercial sexual exploitation of a minor pursuant to section 13-3552. 13. Sexual exploitation of a minor pursuant to section 13-3553. 14. Luring a minor for sexual exploitation pursuant to section 13-3554. 15. A second or subsequent violation of indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402. 16. A second or subsequent violation of public sexual indecency to a minor who is under fifteen years of age pursuant to section 13-1403, subsection B. 17. A third or subsequent violation of indecent exposure pursuant to section 13-1402. 18. A third or subsequent violation of public sexual indecency pursuant to section 13-1403. 19. A violation of section 13-3822 or 13-3824. 20. Unlawful age misrepresentation. 21. Aggravated luring a minor for sexual exploitation pursuant to section 13-3560. 22. Sexual extortion pursuant to section 13-1428 if the victim is under fifteen years of age. B. Before the person is released from confinement the state department of corrections in conjunction with the department of public safety and each county sheriff shall complete the registration of any person who was convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section. Within three days after the person's release from confinement, the state department of corrections shall forward the registered person's records to the department of public safety and to the sheriff of the county in which the registered person intends to reside. Registration pursuant to this subsection shall be consistent with subsection E of this section. C. Notwithstanding subsection A of this section, the judge who sentences a defendant for any violation of chapter 14 or 35.1 of this title or for an offense for which there was a finding of sexual motivation pursuant to section 13-118 may require the person who committed the offense to register pursuant to this section. D. The court may require a person who has been adjudicated delinquent for an act that would constitute an offense specified in subsection A or C of this section to register pursuant to this section. Any duty to register under this subsection terminates when the person reaches twenty-five years of age. E. A person who has been convicted, adjudicated guilty except insane or adjudicated delinquent and who is required to register in the convicting or adjudicating state for an act that would constitute an offense specified in subsection A or C of this section and who is not a resident of this state shall be required to register pursuant to this section if the person is either: 1. Employed full-time or part-time in this state, with or without compensation, for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. 2. Enrolled as a full-time or part-time student in any school in this state for more than fourteen consecutive days or for an aggregate period of more than thirty days in a calendar year. For the purposes of this paragraph, "school" means an educational institution of any description, public or private, wherever located in this state. F. Any duty to register under subsection D or E of this section for a juvenile adjudication terminates when the person reaches twenty-five years of age. G. The court may order the termination of any duty to register under this section on successful completion of probation if the person was under eighteen years of age when the offense for which the person was convicted or adjudicated guilty except insane was committed. H. The court may order the suspension or termination of any duty to register under this section after a hearing held pursuant to section 13-923. I. At the time of registering, the person shall sign or affix an electronic fingerprint to a statement giving such information as required by the director of the department of public safety. The sheriff shall fingerprint and photograph the person and within three days thereafter shall send copies of the statement, fingerprints and photographs to the department of public safety and the chief of police, if any, of the place where the person resides. The information that is required by this subsection shall include all of the following: 1. All names by which the person is known. 2. Any required online identifier. 3. The name of any website or internet communication service where the identifier is being used. 4. If the person owns, possesses or regularly operates a motor vehicle that is required to be registered under title 28, chapter 7, the make, model, year of manufacture, color, vehicle identification number, state of registration and license plate number of the motor vehicle. 5. If the person has legal custody of a child who is enrolled in school, the child's name and enrollment status. 6. The physical location of the person's residence, the person's address and whether the person's residence is permanent or temporary, except that: (a) If the person has a place of residence that is different from the person's address, the person shall provide the person's address, the physical location of the person's residence and the name of the owner of the residence if the residence is privately owned and not offered for rent or lease. (b) If the person receives mail at a post office box or other place, the person shall provide the location and number of the post office box or other place. (c) If the person has more than one residence, the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present. (d) If the person does not have an address or a permanent place of residence, the person shall provide a description and physical location of any temporary residence and shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. J. On the person's initial registration and every year after the person's initial registration during the month of the person's birthdate, the person shall report in person to the sheriff of the county in which the person is registered and confirm in writing all information required by this section, any required online identifier and the name of any website or internet communication service where the identifier is being used and the person shall obtain a new nonoperating identification license or a driver license from the motor vehicle division in the department of transportation and shall carry a valid nonoperating identification license or a driver license. Notwithstanding sections 28-3165 and 28-3171, the license is valid for one year from the date of issuance, and the person shall submit to the department of transportation proof of the person's address and place of residence. The motor vehicle division shall annually update the person's address and photograph and shall make a copy of the photograph available to the department of public safety or to any law enforcement agency. The motor vehicle division shall provide to the department of public safety daily address updates for persons required to register pursuant to this section. K. Except as provided in subsection E or L of this section, the clerk of the superior court in the county in which a person has been convicted of or adjudicated guilty except insane for a violation of any offense listed under subsection A of this section or has been ordered to register pursuant to subsection C or D of this section shall notify the sheriff in that county of the conviction or adjudication within ten days after entry of the judgment. L. Within ten days after entry of judgment, a court not of record shall notify the arresting law enforcement agency of an offender's conviction of or adjudication of guilty except insane for a violation of section 13-1402. Within ten days after receiving this information, the law enforcement agency shall determine if the offender is required to register pursuant to this section. If the law enforcement agency determines that the offender is required to register, the law enforcement agency shall provide the information required by section 13-3825 to the department of public safety and shall make community notification as required by law. M. A person who is required to register pursuant to this section because of a conviction or adjudication of guilty except insane for the unlawful imprisonment of a minor or the kidnapping of a minor is required to register, absent additional or subsequent convictions or adjudications, for a period of ten years from the date that the person is released from prison, jail, probation, community supervision or parole and the person has fulfilled all restitution obligations. Notwithstanding this subsection, a person who has a prior conviction or adjudication of guilty except insane for an offense for which registration is required pursuant to this section is required to register for life. N. A person who is required to register pursuant to this section and who is a student at a public or private institution of postsecondary education or who is employed, with or without compensation, at a public or private institution of postsecondary education or who carries on a vocation at a public or private institution of postsecondary education shall notify the county sheriff having jurisdiction of the institution of postsecondary education. The person who is required to register pursuant to this section shall also notify the sheriff of each change in enrollment or employment status at the institution. O. At the time of registering, the sheriff shall secure a sufficient sample of blood or other bodily substances for deoxyribonucleic acid testing and extraction from a person who has been convicted of or adjudicated guilty except insane for an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in subsection A of this section or an offense that was in effect before September 1, 1978 and that, if committed on or after September 1, 1978, has the same elements of an offense listed in subsection A of this section or who is required to register by the convicting or adjudicating jurisdiction. The sheriff shall transmit the sample to the department of public safety. P. Any person who is required to register under subsection A of this section shall register the person's required online identifier and the name of any website or internet communication service where the identifier is being used or is intended to be used with the sheriff from and after December 31, 2007, regardless of whether the person was required to register an identifier at the time of the person's initial registration under this section. Q. On conviction of or adjudication of guilty except insane for any offense for which a person is required to register pursuant to this section, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of $250. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this section to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this section. R. A person who is required to register pursuant to this section shall verify the person's residence and address if requested by the department of public safety pursuant to section 13-3827, subsection G. S. For the purposes of this section: 1. "Address" means all locations at which the person receives mail. 2. "Legal custody" means the right to have physical possession of a child. 3. "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number. 4. "Residence" means: (a) The person's dwelling place, whether permanent or temporary. (b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights. 5. "School" means a public or nonpublic kindergarten program, common school or high school. 6. "Transient" means a person who does not have a single and permanent dwelling place. 13-3822. Notice of moving from place of residence or change of name, electronic information or vehicle information; forwarding of information; definitions A. Within seventy-two hours, excluding weekends and legal holidays, after moving to or from the person's residence or to a different county or after changing the person's name or address, a person who is required to register under this article shall inform the sheriff in person and in writing of the person's new residences and whether the residence or residences are temporary or permanent and the person's address or new name. If the person moves to a location that is not a residence and the person receives mail anywhere, including a post office box, the person shall notify the sheriff of the person's address. If the person has more than one residence the person shall register in person and in writing every residence and address not less than every ninety days with the sheriff in whose jurisdiction the person is physically present. If the person does not have an address or a permanent place of residence, the person shall register as a transient not less than every ninety days with the sheriff in whose jurisdiction the transient is physically present. A person who transitions from a permanent residence to a temporary residence or transient status shall notify the sheriff in person and in writing within seventy-two hours, excluding weekends and legal holidays, of the change. Within three days after receipt of such information, the sheriff of the county from which the person moves shall forward it to the department of public safety and the chief of police, if any, of the place from which the person moves, and shall forward a copy of the statement, fingerprints and photograph of the person to the sheriff and chief of police, if any, of the place to which the person has moved. B. If the person is subject to community notification requirements, the sheriff of the county from which the person moves shall advise the local law enforcement agency of the county to which the person moves of the move. If the person moves out of this state, the sheriff of the county from which the person moves shall advise the local law enforcement agency in the jurisdiction to which the person moves. The local law enforcement agency shall contact the department of public safety following ten days after being notified to determine if the person has reregistered. If the person has not reregistered, the local law enforcement agency shall notify the local law enforcement agency in the county in which the person last resided. Any law enforcement agency in the county in which the person last resided shall conduct an investigation and shall submit a report to the appropriate county attorney. C. A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after a person makes any change to any required online identifier, and before any use of a changed or new required online identifier to communicate on the internet. Within three days after receipt of the information, the sheriff shall forward the information to the department of public safety. Within three days after receipt of the information from the sheriff, the department of public safety shall update the person's information in the department of public safety database. D. A person who is required to register pursuant to this article shall notify the sheriff either in person or electronically within seventy-two hours, excluding weekends and legal holidays, after the person makes any change in the make, model, color or license plate of any motor vehicle that the person owns or regularly operates. E. A person who is required to register pursuant to this article and who has legal custody of a child who is enrolled in school shall notify the sheriff in person or electronically within seventy-two hours, excluding weekends and legal holidays, after the person makes any changes to the enrollment status of the person's child at the child's school. F. For the purposes of this section: 1. "Address" means all locations at which the person receives mail. 2. "Legal custody" means the right to have physical possession of a child. 3. "Required online identifier" means any electronic email address information or instant message, chat, social networking or other similar internet communication name but does not include a social security number, date of birth or pin number. 4. "Residence" means: (a) The person's dwelling place, whether permanent or temporary. (b) If the person is transient and does not spend at least three nights in any location or place within a thirty-day period, the geographic areas of the county where the person spends the nights. 5. "School" means a public or nonpublic kindergarten program, common school or high school. 6. "Transient" means a person who does not have a single and permanent dwelling place. 13-3823. Access to records Except for use by law enforcement officers and for dissemination as provided in section 41-1750, a statement, photograph or fingerprint required by this article shall not be made available to any person. 13-3824. Violation; classification; assessment A. A person who is subject to registration under this article and who fails to comply with the requirements of this article is guilty of a class 4 felony. B. Notwithstanding subsection A of this section, a person who fails to comply with section 13-3821, subsection J is guilty of a class 6 felony and, in addition to any other penalty prescribed by law, the court shall order the person to pay an additional assessment of two hundred fifty dollars. This assessment is not subject to any surcharge. The court shall transmit the monies received pursuant to this subsection to the county treasurer. The county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the state general fund. Notwithstanding any other law, the court shall not waive the assessment imposed pursuant to this subsection. 13-3825. Community notification; definitions A. Within seventy-two hours after a person who was convicted or adjudicated guilty except insane is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state, the agency that had custody or responsibility for supervision of the person who was convicted of or adjudicated guilty except insane for committing an offense for which the person was required or ordered by the court to register pursuant to section 13-3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification database: 1. The offender's identifying information. 2. A risk assessment of the offender. 3. The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed. B. Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall cross-reference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required or ordered by the court pursuant to section 13-3821. If the person is not registered, the local law enforcement agency or the department of public safety shall request that the county attorney in the county in which the person was convicted or adjudicated guilty except insane petition the court for an arrest warrant to be issued and, if appropriate, notify the interstate compact administrator for this state. If the person is registered, the department of public safety shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered. C. The community notification requirements are as follows: 1. For level one offenders who have been convicted of a dangerous crime against children as defined in section 13-705 and for level two and level three offenders, the notification must be disseminated in a nonelectronic format to the surrounding neighborhood, area schools, appropriate community groups and prospective employers and, if the offender has legal custody of a child, the child's school. The notification must include the offender's photograph and exact address and a summary of the offender's status and criminal background. A press release and the notification containing all required offender information must be given to the local electronic and print media to enable information to be placed in a local publication. 2. For level one offenders who have not been convicted of a dangerous crime against children as defined in section 13-705, the local law enforcement agency that is responsible for notification shall maintain information about the offender. The local law enforcement agency may disseminate this information to other law enforcement agencies and may give notification to the people with whom the offender resides. D. After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty-five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to subsection C of this section. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency. E. If a person who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense in another state registers pursuant to section 13-3821, subsection A, the sheriff in the county in which the person registers shall forward the information to the chief law enforcement officer of the community in which the person resides. The chief law enforcement officer shall contact the state in which the person was convicted or adjudicated guilty except insane or not guilty by reason of insanity and shall obtain information regarding the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification risk assessment, the agency shall categorize the offender as a level two offender. Within forty-five days, the local law enforcement agency shall notify the community of the person's presence in the community pursuant to subsection C of this section. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency. F. On receiving notice pursuant to section 13-3822 that a person who is required to register has moved from the person's address, the chief law enforcement officer of the community to which the person has relocated may notify that community of the person's relocation to the community, pursuant to subsection D of this section. If the community does not have a local law enforcement agency, the sheriff of the county to which the person has relocated shall notify the community of the person's relocation. G. In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision to the county probation department or to the state department of corrections, as appropriate. H. If the law enforcement agency that is responsible for disseminating community notification establishes an electronic notification process, the law enforcement agency may use the electronic notification process to comply with the requirements of subsection C of this section only for a person who affirmatively chooses to receive community notification through an electronic notification process. This subsection does not prohibit a law enforcement agency from providing electronic notification in addition to disseminating the nonelectronic notification that is required by subsection C of this section. I. Information concerning a person who is required to register pursuant to section 13-3821, who is subject to the provisions of community notification and who is a student at a public or private institution of postsecondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of postsecondary education shall be promptly made available by the county sheriff to the law enforcement agency having jurisdiction for performing community notification pursuant to subsection C of this section. The law enforcement agency shall notify the institution's administration and shall complete appropriate campus notification pursuant to subsection C of this section. J. This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section. K. Except as provided in subsection L of this section, this section applies to all persons who are subject to the registration requirements in section 13-3821 whether or not the person was convicted or adjudicated guilty except insane before or after June 1, 1996. L. This section does not apply to persons who are subject to the registration requirements in section 13-3821 as a result of offenses adjudicated by a juvenile court unless ordered by the court. M. Notwithstanding subsections B and D of this section, the agency that had custody or responsibility for supervision of an offender or the court that sentenced the offender who was convicted of or adjudicated guilty except insane for committing an offense that subjects the offender to the registration requirements of section 13-3821 and who committed the offense before June 1, 1996 may conduct a risk assessment for the offender as existing resources are available pursuant to subsection C of this section. Community notification pursuant to this section and sex offender website notification pursuant to section 13-3827, subsection A, paragraph 1 shall only be conducted after the risk assessment is complete. N. The court may continue, defer or terminate community notification after a hearing held pursuant to section 13-923. O. For the purposes of this section: 1. "Legal custody" means the right to have physical possession of a child. 2. "School" means any public or nonpublic kindergarten program, common school or high school. 13-3826. Petition to terminate sex offender registration; hearing; notice A. A defendant who is ordered or required to register pursuant to section 13-3821 for an offense committed in violation of this title and who successfully completes a term of probation may petition the court for an order to terminate any duty to register and shall serve a copy of the petition on the prosecutor. In the petition, the defendant shall avow, under penalty of perjury, all of the following: 1. The defendant is at least thirty-five years of age at the time of the filing of the petition and was under twenty-two years of age at the time the offense was committed. 2. The victim was at least fifteen years of age at the time of the offense, was a peace officer posing as a fifteen, sixteen or seventeen year old minor or was a fictitious minor purported to be fifteen, sixteen or seventeen years of age. 3. If the defendant is required to be registered because of a violation of section 13-1405, the sexual conduct was consensual. 4. The defendant did not violate any of the sex offender terms of the defendant's probation. 5. The defendant has not subsequently committed another felony offense or any offense included in chapter 14 or 35.1 of this title for at least ten years after the date on which the person was sentenced for the offense for which the defendant was ordered or required to register. 6. A court has not determined that probable cause exists to believe the defendant is a sexually violent person pursuant to title 36, chapter 37 or that a sexually violent person proceeding pursuant to title 36, chapter 37 is not currently pending. 7. The violation did not involve more than one victim. 8. The defendant was not sentenced to a term of imprisonment in the state department of corrections for the offense for which the defendant was required to register. 9. The defendant was not convicted of more than one offense involving more than one victim. 10. The defendant was not convicted of a violation or attempted violation of section 13-1406, 13-1410, 13-1417, 13-1423, 13-3206, 13-3212 or 13-3553. B. On receipt of the petition, the court shall set a hearing and provide sufficient notice to the state to allow victim notification. The state has the burden of establishing by a preponderance of the evidence that a factor listed in subsection A of this section has not been met. At the hearing, any party may introduce any reliable and relevant evidence, including hearsay evidence. Before ruling on the petition, the court must provide all parties, including the victim, with the opportunity to be heard. C. The court shall deny the petition if the court finds that any factor listed in subsection A of this section is not met. D. Notwithstanding subsection C of this section, the court may deny a petition if the court finds that a denial is in the best interests of justice or tends to ensure the safety of the public. 13-3827. Internet sex offender website; investigation of records; immunity; exception; definitions A. The department of public safety shall establish and maintain an internet sex offender website for the purpose of providing sex offender information to the public. The internet sex offender website shall include the following offenders: 1. Any offender whose risk assessment has been determined to be a level two or level three. 2. Unless included under paragraph 1 of this subsection, any offender who at the time of the offense was eighteen years of age or older and who was convicted of or adjudicated guilty except insane for any of the following offenses, whether completed or preparatory, or the same or a substantially similar offense in another state or jurisdiction: (a) Sexual assault pursuant to section 13-1406. (b) Sexual exploitation of a minor pursuant to section 13-3553 if the offender is at least twenty-one years of age and is sentenced pursuant to section 13-705. (c) Commercial sexual exploitation of a minor pursuant to section 13-3552. (d) Sexual abuse pursuant to section 13-1404 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (e) Molestation of a child pursuant to section 13-1410 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (f) Sexual conduct with a minor pursuant to section 13-1405 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (g) Child prostitution pursuant to section 13-3212, subsection A or subsection B, paragraph 1 or 2 committed before August 9, 2017. (h) Child sex trafficking pursuant to section 13-3212, subsection A committed on or after August 9, 2017 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (i) Child sex trafficking pursuant to section 13-3212, subsection B, paragraph 1 or 2 committed on or after August 9, 2017. (j) Taking a child for the purpose of prostitution pursuant to section 13-3206 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (k) Luring a minor for sexual exploitation pursuant to section 13-3554 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (l) Aggravated luring a minor for sexual exploitation pursuant to section 13-3560 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. (m) Continuous sexual abuse of a child pursuant to section 13-1417 if either of the following applies: (i) The victim is under twelve years of age. (ii) The offender is sentenced pursuant to section 13-705 and the offender was twenty-one years of age or older at the time of the commission of the offense. B. The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to section 13-3821: 1. The offender's name, address and age. 2. A current photograph. 3. The offense committed and notification level pursuant to section 13-3825, subsection C, if a risk assessment has been completed pursuant to section 13-3825. C. The department of public safety shall annually update on the website the name, address and photograph of each sex offender. D. The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used. This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website. E. The department of public safety or the third party responsible for maintaining the internet sex offender website shall make available to an authorized organization a registered sex offender's required online identifier and the name of any corresponding website or internet communication service for comparison with information that is held by the authorized organization. The authorized organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the authorized organization's system. The authorized organization shall not further disseminate that the person is a registered sex offender. F. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website. G. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality. H. The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender. I. Except for a person who is required to register pursuant to section 13-3821, a person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful. J. This section does not apply to an offender during any time that the offender is incarcerated in the state department of corrections. K. For the purpose of this section: 1. "Authorized organization" means an internet communication service or related safety organization that is approved by the department or third party responsible for maintaining the internet sex offender website to access required online identifiers. 2. "Required online identifier": (a) Means: (i) Any email address information, instant message or chat information. (ii) A social networking platform account name or identifier. (iii) Any identifier used for communicating on a mobile application or internet website. (iv) A mobile telephone number. (v) Any mobile device identification information. (vi) Any other similar internet communication name. (b) Does not include a social security number, date of birth, personal password or pin number. 13-3828. Sex offender management board; duties; report A. The sex offender management board is established within the department of public safety and consists of members who represent urban and rural areas of this state, who have expertise in adult and juvenile issues that relate to sex offenders and who are appointed as follows: 1. The chief justice of the supreme court shall appoint the following members, who may be active or retired and who have sufficient experience in the field: (a) One member who represents the judicial department. (b) One member who is a superior court judge. (c) One member who is either a juvenile court judge or a juvenile hearing officer. 2. The director of the state department of corrections shall appoint one member who represents the state department of corrections. 3. The director of the department of economic security shall appoint one member who represents the department of economic security and who has recognizable expertise in intellectual and developmental disabilities. 4. The director of the department of child safety shall appoint the following members: (a) One member who is a provider of out-of-home placement services and who has recognizable expertise in providing services to juveniles who have committed sexual offenses. (b) One member who represents the department of child safety. 5. The director of the department of public safety shall appoint the following members: (a) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of adult sex offenders. (b) Two members who are licensed mental health professionals and who have recognizable expertise in the treatment of juveniles who have committed sexual offenses. (c) One member who is a public defender and who has recognizable expertise related to sexual offenses. (d) One member who represents law enforcement and who has recognizable expertise in addressing sexual offenses and victimization. (e) Three members who are recognized experts in the field of sexual abuse and who represent sexual abuse victims and victims' rights organizations. (f) One public member who has expertise related to the evaluation, treatment or supervision of sex offenders. (g) One member who is a clinical polygraph examiner and who is trained in postconviction sex offender testing. (h) One member who is a current or former probation representative and who has recognizable expertise related to sexual offenses. (i) One member who is a county director of human or social services and who is appointed after consultation with a statewide group representing counties. (j) Two members who are members of a county board of supervisors or who are members of the governing council for a jurisdiction that is a contiguous city and county, one of whom represents an urban or suburban county and one of whom represents a rural county, and who are appointed after consultation with a statewide group representing counties. (k) One member who represents the highway patrol division in the department of public safety. 6. The director of the Arizona prosecuting attorneys' advisory council shall appoint one member who represents the interests of prosecuting attorneys and who has recognizable expertise in prosecuting sexual offenses. 7. The superintendent of public instruction shall appoint one member who has experience with juveniles who have committed sexual offenses and who is in the public school system. 8. The speaker of the house of representatives shall appoint two public members who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders. 9. The president of the senate shall appoint two public members who are from different political parties and who have expertise in adult and juvenile issues that relate to sex offenders. 10. The governor may appoint up to two additional members who are from different political parties. 11. The director of the department of health services shall appoint one member who represents the Arizona community protection and treatment center. B. The board shall elect a chairperson from among its membership to serve a two-year term as chairperson. C. Members who are appointed pursuant to subsection A of this section serve at the pleasure of the appointing authority. The initial members shall assign themselves by lot to terms of two, three and four years. All subsequent members serve four-year terms of office. The chairperson shall notify the governor's office of these terms. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. D. The board shall do all of the following and shall present its recommendations, as applicable, to the legislature: 1. Develop, prescribe and revise, as appropriate, standard procedures to evaluate adult sex offenders, including adult sex offenders with developmental disabilities and serious mental illness. The recommended procedures shall: (a) Provide for evaluating adult sex offenders. (b) Recommend management, monitoring and treatment based on existing research. (c) Incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. 2. Develop a procedure for evaluating, on a case-by-case basis, reliably lower-risk sex offenders whose risk to sexually reoffend may not be further reduced by participation in a treatment program that is implemented pursuant to paragraph 4 of this subsection. 3. Develop and recommend methods of intervention for adult sex offenders. The methods must prioritize the physical and psychological safety of victims and potential victims. The methods must also be appropriate to the assessed needs of the particular adult sex offender. 4. Develop, implement and revise, as appropriate, guidelines and standards to treat adult sex offenders, including adult sex offenders with intellectual and developmental disabilities and serious mental illness. The recommended guidelines and standards must incorporate the concepts of the risk-need-responsivity or another evidence-based correctional model. The guidelines and standards may be used in the treatment of adult sex offenders who are placed on probation, imprisoned in the state department of corrections or placed on community supervision. Programs recommended to be implemented pursuant to the guidelines and standards must: (a) Be as flexible as possible so that the programs may be accessed by each adult sex offender to prevent the adult sex offender from harming victims and potential victims. (b) Include a continuing monitoring process and a continuum of treatment options that are available to an adult sex offender as the adult sex offender proceeds through the criminal justice system. Treatment options must be determined by a current risk assessment and evaluation and may include group counseling, individual counseling, family counseling, outpatient treatment, inpatient treatment, shared living arrangements or treatment in a therapeutic community. (c) To the extent possible, be accessible to all adult sex offenders in the criminal justice system, including those adult sex offenders with behavioral, mental health and co-occurring disorders. 5. Establish a subcommittee to make recommendations to the board on revising the guidelines and standards developed pursuant to paragraph 4 of this subsection. At least eighty percent of the members of the subcommittee must be approved treatment providers, including one polygraph examiner. 6. Develop annual recommendations to allocate monies deposited in the state general fund pursuant to section 13-3821, subsection Q and section 13-3824, subsection B. These recommendations shall include recommendations regarding the coordination of spending monies from the state general fund with any monies spent by the state department of corrections, the department of public safety or the judicial department to evaluate and treat adult sex offenders and juveniles who have committed sexual offenses. These recommendations shall be presented to the legislature before the start of each legislative session. 7. Consult on and propose revisions to the legislature, as necessary, to the sex offender community notification risk assessment prescribed in section 13-3825. The board shall consider research on adult sex offender risk assessment and shall consider as one element the risk posed by an adult sex offender who suffers from a paraphilic disorder, psychopathy or a personality disorder that makes the person more likely to engage in sexually violent predatory offenses. 8. Research, either through direct evaluation or through a review of relevant research articles and sex offender treatment empirical data, and analyze, through a comprehensive review of evidence-based practices, the effectiveness of the evaluation and treatment policies and procedures for adult sex offenders that are developed pursuant to paragraph 4 of this subsection. This research shall specifically include reviewing and researching recidivism and factors that contribute to recidivism for adult sex offenders, the effective use of cognitive behavioral therapy to prevent recidivism, the use of polygraphs in treatment and the containment model for adult sex offender management and treatment and its effective application. The board shall advise the legislature regarding revision of the guidelines and standards for evaluation, identification and treatment, as appropriate, based on the results of the board's research and analysis. The board shall also develop and recommend a system to implement the guidelines and standards that are developed pursuant to paragraph 4 of this subsection. 9. In collaboration with the state department of corrections, the judicial department and the board of executive clemency, develop proposed criteria and make recommendations, as appropriate, for measuring an adult sex offender's progress in treatment. The recommended criteria shall assist the court and the board of executive clemency in determining whether an adult sex offender may appropriately be released from incarceration, whether the adult sex offender's level of supervision may be reduced or whether the adult sex offender may appropriately be discharged from probation or parole. At a minimum, the recommended criteria must be designed to assist the court and the board of executive clemency in determining whether the adult sex offender could be appropriately supervised in the community if the offender were released from incarceration, released to a reduced level of supervision or discharged from probation or parole. 10. In collaboration with the state department of corrections, the judicial department, the Arizona community protection and treatment center and the board of executive clemency, make recommendations for the establishment of standards for community entities that provide supervision and treatment specifically designed for adult sex offenders who have developmental disabilities or who are deemed sexually violent persons. At a minimum, the recommended standards must determine whether an entity would provide adequate support and supervision to minimize any threat that the adult sex offender may pose to the community. 11. Review the current delivery of services and the establishment of release conditions at the Arizona community protection and treatment center. The Arizona community protection and treatment center shall implement any guidelines and standards for sex offender treatment and supervision that are established by the board. 12. Research, analyze and make recommendations that reflect best practices for living arrangements for and the location of adult sex offenders within the community, including shared living arrangements. At a minimum, the board shall consider the safety issues raised by the location of adult sex offender residences, especially in proximity to public or private schools and child care facilities, and public notification of the location of adult sex offender residences. The board shall make recommendations for the adoption and revision, as appropriate, of the guidelines as it deems appropriate regarding the living arrangements for and location of adult sex offenders and adult sex offender housing. 13. Develop and make recommendations for revision, as appropriate, of recommended standard procedures to evaluate juveniles who have committed s