STATE OF ARKANSAS APPELLEE
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-15-79]
HONORABLE MICHAEL MEDLOCK, JUDGE
Lisa-Marie Norris, for appellant.
Rutledge, Att'y Gen., by: Adam Jackson, Ass't
Att'y Gen., and Bryan Foster, Law Student Admitted to
Practice Pursuant to Rule XV of the Rules Governing Admission
to the Bar of the Supreme Court under the Supervision of
Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.
D. VAUGHT, JUDGE
D.S. appeals from the Crawford
County Circuit Court's order finding that he violated his
probation and requiring him to register as a sex offender
pursuant to Arkansas Code Annotated section 9-27-356 (Repl.
2015). D.S. argues that the circuit court's decision
requiring him to register as a sex offender was clearly
erroneous and that the court failed to make specific written
findings on each statutory factor as required by
statute. We remand.
March 13, 2015, the State filed a petition alleging that D.S.
had committed rape and two counts of fourth-degree sexual
assault. The rape charge was amended to a second-degree
sexual-assault charge. An agreed order was entered on
December 3, 2015, finding that D.S. was adjudged a juvenile
delinquent on second-degree sexual assault and two counts of
fourth- degree sexual assault. D.S. was placed on probation
until September 20, 2016 (his eighteenth birthday). D.S. was
also ordered to complete a community-notification risk
assessment (risk assessment).
February 18, 2016, the State filed a second petition seeking
revocation of D.S.'s probation based on alleged probation
violations. An agreed order was entered on March 17, 2016,
wherein the court extended D.S.'s probation to March 31,
State filed a third petition on August 25, 2016, seeking
revocation of D.S.'s probation based on new probation
violations. Thereafter, on October 12, 2016, the State filed
a motion requesting the court to order D.S. to register as a
sex offender based on D.S.'s recent completion of a risk
assessment that recommended he be required to register.
hearing on the State's petition for probation revocation
and motion for sex-offender registration was held on October
19, 2016. At the hearing, Skip Hoggard, a licensed
psychological examiner at the University of Arkansas for
Medical Sciences, testified that he performed the risk
assessment on D.S. on September 26, 2016. Hoggard testified
about his findings; stated that his findings were detailed in
his fifteen-page report, which was introduced into evidence;
and recommended that D.S. register as a sex offender. The
circuit court ruled from the bench that the State had proved
by clear and convincing evidence that D.S. should be ordered
to register as a sex offender. The circuit court entered an
order on October 19, 2016, and this appeal followed.
Code Annotated section 9-27-356 provides that if a juvenile
is adjudicated delinquent for second-degree sexual assault,
the court shall order a sex-offender screening and risk
assessment. Ark. Code Ann. § 9-27-356(a)(3). This
statute provides that the court may order sex-offender
screening and a risk assessment if a juvenile is adjudicated
delinquent for any offense with an underlying sexually
motivated component (i.e., fourth-degree sexual assault).
Ark. Code Ann. § 9-27-356(b)(1). Arkansas Code Annotated
section 9-27-356(b)(2) further provides that the court may
require that a juvenile register as a sex offender upon
recommendation of the sex-offender-assessment committee and
following a hearing as set forth in subsection (e) of this
section. Subsection (e) provides:
(e)(1) The court shall conduct a hearing within ninety (90)
days of the registration motion.
(2)(A) The juvenile defendant shall be represented by
counsel, and the court shall consider the following factors
in making its decision to require the juvenile to register as
a delinquent sex offender:
(i) The seriousness of the ...