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SB1585 - 572R - S Ver
Senate Engrossed
sex offenders; fund;
assessment; subcommittee
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1585
AN
ACT
AMENDING TITLE 12, CHAPTER 1, ARTICLE 1, ARIZONA
REVISED STATUTES, BY ADDING SECTION 12-116.13; amending section 13-3828,
Arizona Revised Statutes; amending title 13, chapter 38, article 3, Arizona
Revised Statutes, by adding section 13-3828.01; appropriating monies;
RELATING TO SEX OFFENDER monitoring.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 1,
Arizona Revised Statutes, is amended by adding section 12-116.13, to
read:
START_STATUTE
12-116.13.
Additional assessment for sexual offenses
A. In addition to any other
assessment or restitution, if a person is convicted of a violation of title 13,
chapter 14 or 35.1, the court shall order the person to pay an additional
assessment in one of the following amounts:
1. For a class 1 felony, $2,000.
2. For a class 2 felony, $1,500.
3. For a class 3 felony, $1,000.
4. For a class 4 felony, $500.
5. For a class 5 felony, $375.
6. For a class 6 felony, $250.
7. For a class 1 misdemeanor, $200.
8. For a class 2 misdemeanor, $150.
9. For a class 3 misdemeanor, $75.
B. The court shall transmit the
assessments collected pursuant to this section to the county treasurer, except
that municipal courts shall transmit the assessments to the city or town
treasurer.
C. The city, town or county treasurer
shall transmit the assessments to the state treasurer. the state
treasurer shall deposit, pursuant to sections 35-146 and 35-147,
the assessments in the sex offender surcharge fund established by section 13-3828.01.
END_STATUTE
Sec. 2. Section 13-3828, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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
or
juvenile
, or both,
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
or
juvenile
, or both,
issues that relate to sex offenders.
10. The governor may appoint up to two additional
members who are from different political parties
and who have
expertise in adult or juvenile, or both, issues that relate to sex offenders
.
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
sixty-two
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. COnsult with the legislature, on
request, and make recommendations regarding proposed legislation involving
sexual offenses or sex offender risk management.
8.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
Develop
and make recommendations for revision, as appropriate, of recommended standard
procedures to evaluate juveniles who have committed sexual offenses, including
juveniles with developmental disabilities.� The recommended procedures shall:
(a) Provide for evaluating juvenile offenders.
(b) Recommend behavior management, monitoring,
treatment and compliance.
(c) Incorporate the concepts of the risk-need-responsivity
or another evidence-based correctional model based on the knowledge that all
unlawful sexual behavior poses a risk to the community and that certain
juveniles may have the capacity to change their behavior with appropriate
intervention and treatment. The board shall develop and make
recommendations for the implementation of methods of intervention for juveniles
who have committed sexual offenses. The methods must have as a
priority the physical and psychological safety of victims and potential victims
and, if the methods do not reduce the safety of victims and potential victims,
the methods must also be appropriate to the needs of the particular juvenile
offender.
14.
15.
Develop,
implement and revise, as appropriate, guidelines and standards to treat
juveniles who have committed sexual offenses, including juveniles with
intellectual and developmental disabilities. The 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 for juvenile offenders who are placed on probation or placed under the
jurisdiction of the department of juvenile corrections or the state department
of corrections. 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 juvenile offender to prevent the juvenile from harming
victims and potential victims.
(b) Include a continuing monitoring process and a
continuum of treatment options that are available to a juvenile offender as the
juvenile proceeds through the justice system. Treatment options may
include group counseling, individual counseling, family counseling, outpatient
treatment, inpatient treatment, shared living arrangements and treatment in a
therapeutic community.
(c) To the extent possible, be accessible to all
juveniles who have committed sexual offenses and who are in the justice system,
including juveniles with behavioral, mental health or co-occurring
disorders.
15.
16.
Establish
a subcommittee to make recommendations to the board on revising the guidelines
and standards developed pursuant to paragraph
13
14
of this subsection. At least eighty percent of
the members of the subcommittee must be approved treatment providers, including
one polygraph examiner.
16.
17.
Research
and analyze the effectiveness of the evaluation, identification and treatment
procedures developed pursuant to paragraph
13
14
of this subsection for juveniles who have committed sexual
offenses. The board shall make recommendations for the 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 prescribe a system to implement the guidelines and
standards that are developed pursuant to paragraph
13
14
of this subsection.
17.
18.
In
collaboration with law enforcement agencies in this state, victim advocacy
organizations, the department of education and the department of public safety,
develop and revise, as appropriate, for use by schools educational materials
regarding general information about adult sex offenders and juveniles who have
committed sexual offenses, safety concerns related to the offenders and other
relevant materials. The board shall provide the materials to the
department of education, and the department of education shall make the
materials available to schools in this state.
E. If sufficient monies are appropriated to the
department of public safety, the board may request that individuals or entities
that provide evaluation, treatment or polygraph services specifically to sex
offenders that conform with the standards developed by the board pursuant to
subsection D, paragraph 4 of this section submit to the board data and
information as determined by the board.� The board may use this data and
information to evaluate the effectiveness of the guidelines and standards
developed pursuant to this section for all of the following:
1. To evaluate the effectiveness of individuals or
entities that provide evaluation, treatment or polygraph services specifically
to sex offenders.
2. For any other purpose consistent with this
section.
F. This section does not grant the board any
rulemaking or spending authority.
G. The attorney general, each county attorney and
every agency and political subdivision of this state shall supply the
chairperson of the board, on request, with such assistance and information as
is reasonably necessary to effectuate the purposes of this section.
H. The board shall adopt recommendations by majority
vote, but the recommendations to be voted on are subject to the discretion of
the chairperson, who must approve a recommendation that is to be voted on.
I. The state department of
corrections, the judicial branch, the Criminal Investigations Division in the
department of public safety, the Criminal Justice Services Bureau in the
department of public safety and the department of health services shall not
employ, contract with or allow an adult sex offender or a juvenile who has
committed a sexual offense to employ or contract with an individual or entity
to provide sex offender-specific evaluation, treatment or polygraph
services pursuant to this section unless the sex offender-specific evaluation,
treatment or polygraph services conform with the guidelines and standards that
are developed pursuant to this section.
J. An individual who provides sex
offender-specific evaluation or treatment must:
1. At a minimum have a baccalaureate
degree in a behavioral science with one of the following:
(
a
) Training in
counseling or therapy.
(
b
) professional
experience in counseling or therapy
2. Hold a professional mental health
license or be approved by the board of behavioral health examiners as an
unlicensed psychotherapist, certified addiction counselor, licensed
professional counselor candidate, licensed marriage and family therapist
candidate or psychologist candidate.
3. Be a clinical social worker.
K. A polygraph examiner must have
graduated from an accredited American polygraph association school and have a
baccalaureate degree from a four-year institution of higher education.� The
state department of corrections shall complete compliance monitoring of
contracted providers and polygraph examiners who are not approved by the board
pursuant to subsection I of this section on an annual basis.
L. If a provider who contracts with
the state department of corrections is found to have violated the guidelines
and standards that are developed pursuant to this section, the state department
of corrections shall terminate the contract with the provider.
M. Supervising officers shall follow
the guidelines and standards that are developed pursuant to this section when
working with sex offenders. The agencies that employ supervising
officers shall collaborate with the sex offender management board to develop
procedures to hold accountable a supervising officer who fails to follow the
guidelines and standards.
END_STATUTE
Sec. 3. Title 13, chapter 38, article 3,
Arizona Revised Statutes, is amended by adding section 13-3828.01, to read:
START_STATUTE
13-3828.01.
Sex offender surcharge fund
A. The sex offender surcharge fund is
established and consists of monies deposited pursuant to section 12-116.13
and legislative appropriations. The department of public safety
shall administer the fund.� Monies in the fund are subject to legislative
appropriation and are exempt from the provisions of section 35-190
relating to the lapsing of appropriations.
B. The department of public safety
shall use monies in the fund for the purposes of defraying the costs related to
the sex offender management board.
END_STATUTE
Sec. 4.
Appropriations;
department of public safety; sex offender management board; exemption
A. The sum of $200,000 and
two FTEs are appropriated from the state general fund in fiscal year 2026-2027
to the department of public safety for support of the sex offender management
board established by section 13-3828, Arizona Revised Statutes.
B. The appropriation made
in subsection A of this section is exempt from the provisions of section 35-190,
Arizona Revised Statutes, relating to lapsing of appropriations.
Sec. 5.
Effective date
Section 12-116.13, Arizona
Revised Statutes, as added by this act, is effective from and after December
31, 2026.