Law and Victim's Rights
Section 2.1. (A) To preserve and protect victims' rights to justice and due
process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from
intimidation, harassment, or abuse, throughout the criminal justice
2. To be informed, upon request, when the accused or convicted person is
released from custody or has escaped.
3. To be present at, and, upon request, to be informed of all criminal
proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a
negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the
defendant, the defendant's attorney, or other person acting on behalf of the
6. To confer with the prosecution, after the crime against the victim has
been charged, before trial or before any disposition of the case and to be
informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when
they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the
criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from
confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the
case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of
evidence in all criminal proceedings protect victims' rights and to have these
rules be subject to amendment or repeal by the legislature to ensure the
protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victims' exercise of any right granted by this section shall not be
grounds for dismissing any criminal proceeding or setting aside any conviction
(C) "Victim" means a person against whom the criminal offense has been
committed or, if the person is killed or incapacitated, the person's spouse,
parent, child or other lawful representative except if the person is in custody
for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the
authority to enact substantive and procedural laws to define, implement,
preserve and protect the rights guaranteed to victims by this section, including
the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall
not be construed to deny or disparage others granted by the legislature or
retained by victims.
||Val Biebrich, Department of Public Safety Arizona Sex Offender Compliance
Unit (Phone) 602-255-0611; (Fax) 602-223-2949.|
|Offenders Required to Register:
||Although registration is mandatory for adults, it is not for
juveniles. If a juvenile is adjudicated delinquent of an act that would require
an adult to register, the court can require the juvenile to register until the
age of twenty-five. If a Arizona Sex Offender was convicted and/or released prior to
June 1996, he or she is only subject to registration versus community
notification. A person who has been convicted of a violation or attempted
violation of any of the following offenses shall register with the sheriff of
that county: Unlawful imprisonment if the victim is under eighteen years of age
and the unlawful imprisonment was not committed by the child's parent;
Kidnapping if the victim is under eighteen years of age and the kidnapping was
not committed by the child's parent; sexual abuse if the victim is under
eighteen years of age; Sexual conduct with a minor; Sexual assault; Sexual
assault of a spouse; Molestation of a child; Continuous sexual abuse of a child;
Taking a child for the purpose of prostitution; Child prostitution; Commercial
sexual exploitation of a minor; Sexual exploitation of a minor; A second or
subsequent violation of indecent exposure to a person under the age of fifteen
years; A second or subsequent violation of public sexual indecency to a minor
under the age of fifteen years; A third or subsequent violation of indecent
exposure; A third or ,subsequent violation of public sexual indecency.|
||Fingerprints, photo, DNA sample, and other identifying
||State Department of Public Safety. The county sheriff is
responsible for registering Arizona Sex Offenders living within their county.|
|Timeframe for Registration:
||Within 10 days of entering state. The offender has 72 hours,
excluding weekends and legal holidays, to complete a change of address. This
must be completed in person, on a Arizona Sex Offender registration form within 72 hours
|Applies to Out of State Offenders:
||Yes, if you are planning on staying within Arizona for more than
|Duration of Requirement:
||A person who is required to register because of a conviction for
the unlawful imprisonment of a minor or the kidnapping of a minor is required to
register, absent additional or subsequent convictions, 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. A person who has a prior conviction for an offense for which
registration is required pursuant to this section is required to register for
|Verification of Address:
|Penalties for Non-Compliance:
||A person who is subject to registration and who fails to comply
is guilty of a class 4 felony.|
|Access to Information: Level 1:
||For level one offender, 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
|Access to Information: Level 2:
||Notification may be made to the immediate neighbors, schools,
appropriate community groups and prospective employers. The notification may
include a flyer with a photograph and address or the general area where the
offender will be residing as well as a brief general summary of the offender's
status and criminal background.|
|Access to Information: Level 3:
||Notification shall be made to the surrounding neighborhood, area
schools, appropriate community groups and prospective employers. The
notification shall include a flyer with a photograph and exact address of the
offender as well as a summary of the offender's status and criminal background.
A press release and a level three flyer shall be given to the local electronic
and print media to enable information to be placed in a local
||Information is considered criminal history; violation of
confidentiality is a felony.|
Pima County: http://www.pimasheriff.org/