Campus Sex Crimes Prevention Act
This law amends Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994. The Campus Sex Crimes Prevention Act requires sex offenders, who must register under state law, to provide notice of enrollment or employment at any institution of higher education (IHE) in that state where the offender resides, as well as notice of each change of enrollment or employment status at the IHE. In turn, this information will be made available by the state authorities to the local law enforcement agency that has jurisdiction where the IHE is located. The IHE is not required to request this data from the state, but the IHE must issue a statement (see the reporting requirement in 20 U.S.C. § 1092(f)(1)(I)) advising the campus community as to where information concerning registered sex offenders can be obtained.
The statutory language added to the list of information required to be disseminated pursuant to the program participation agreements reads as follows:
“A statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.” 20 U.S.C. § 1092(f)(1)(I))
This law was signed on October 28, 2000, and became effective on October 27, 2002. Notification may be accomplished by adding the statement to the Annual Security Report required by the Campus Security Act of 1990.
On Oct. 31, 2002 the U.S. Department of Education issued final regulations at 67 Federal Register 66519 clarifying the requirements for educational institutions under the Campus Sex Crimes Prevention Act. The regulations are quite short and simply state that beginning with the annual security report distributed by Oct. 1, 2003, the educational institution must provide a statement advising the campus community where law enforcement agency information provided by a State regarding registered sex crime offenders may be obtained. Examples given are the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address. This provision of the CSCPA amends the Clery Act, and is administered by the U.S. Department of Education.
The Family Educational Rights and Privacy Act (FERPA) is amended (§ 1232g(b)(7)(A)) to make it clear that FERPA does not prohibit release of data on registered sex offenders under this law. See the Family Policy Compliance Office guidance entitled Disclosure of Education Records Concerning Registered Sex Offenders. The guidance states in relevant part:
“Thus, nothing in FERPA prevents an educational institution from disclosing information provided to the institution under the Wetterling Act concerning registered sex offenders, including personally identifiable, non-directory information from education records that is disclosed without prior written consent or other consent from the person. The authority of educational institutions to make such disclosures extends both to information about registered sex offenders made available by a State in carrying out the specific requirements of the CSCPA (42 U.S.C. § 14071(j)), and information about registered sex offenders that may otherwise become available to educational institutions through the operation of State sex offender registration and community notification programs.”
Law Enforcement Agency Information
In accordance with the Campus Sex Crimes Prevention Act, law enforcement agency information concerning registered sex offenders may be obtained via the Arkansas Crime Information Center. Sex offenders are required to register in Arkansas. Details on the Sex Offender Registration Act of 1997 can be found in Arkansas Code Annotated §12-12-901 — 12-12-920.
Who is Required to Register?
- Any individual who is convicted of certain sex offenses and offenses against children if the conviction occurred as of the Act’s effective date, or
- Any individual who was incarcerated, on probation or parole, or serving any other form of community supervision as the result of an adjudication of guilt for the listed offenses as of this Act’s effective date, or
- Any person who is acquitted on the grounds of mental disease or defect for the listed offenses as of the Act’s effective date, or
- Any person who was required to register under the prior Act, the Habitual Child Sex Offender Registration Act, Arkansas Code Annotated §12-12-901, or
- Any sex offender moving to or returning to this state from another jurisdiction where registration is required. Such offenders shall register with the local law enforcement agency having jurisdiction within 3 business days of establishing residency.
All sex offenders required to register in the State of Arkansas must submit to assessment by the Sex Offender Screening & Risk Assessment Program coordinated by the Arkansas Department of Correction.