{"data":{"id":"us-az/a.r.s.-36-3701","jurisdiction":"us-az","citation":"A.R.S. § 36-3701","heading":"Definitions","body":"In this article, unless the context otherwise requires:\n\n1. \"Agency\" means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Arizona state hospital or other mental health treatment agency.\n\n2. \"Competent professional\" means a person who is:\n\n(a) Familiar with the state's sexually violent persons statutes and sexual offender treatment programs available in this state.\n\n(b) Approved by the superior court as meeting court approved guidelines.\n\n3. \"Conviction\" includes a finding of guilt at any time for a sexually violent offense or an order of the juvenile court adjudicating the person delinquent for any sexually violent offense.\n\n4. \"Less restrictive alternative\" means court ordered treatment in a setting that is less restrictive than total confinement and that is conducted in a setting approved by the superintendent of the state hospital.\n\n5. \"Mental disorder\" means a paraphilia, personality disorder or conduct disorder or any combination of paraphilia, personality disorder and conduct disorder that predisposes a person to commit sexual acts to such a degree as to render the person a danger to the health and safety of others.\n\n6. \"Sexually violent offense\" means any of the following:\n\n(a) Indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402, public sexual indecency to a minor pursuant to section 13-1403, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, continuous sexual abuse of a child pursuant to section 13-1417 or sexual assault of a spouse if the offense was committed before August 12, 2005.\n\n(b) Second degree murder pursuant to section 13-1104, first degree murder pursuant to section 13-1105, assault pursuant to section 13-1203, aggravated assault pursuant to section 13-1204, unlawful imprisonment pursuant to section 13-1303, kidnapping pursuant to section 13-1304 or burglary in the first degree pursuant to section 13-1508 if the court at the time of sentencing or civil commitment proceedings determines beyond a reasonable doubt that the act was sexually motivated pursuant to section 13-118.\n\n(c) An attempt, a solicitation, a facilitation or a conspiracy to commit an offense listed in subdivision (a) or (b) of this paragraph.\n\n(d) An act committed in another jurisdiction that if committed in this state would be a sexually violent offense listed in subdivision (a), (b) or (c) of this paragraph.\n\n(e) A conviction for a felony offense that was in effect before September 1, 1978 and that if committed on or after September 1, 1978 would be comparable to a sexually violent offense listed in subdivision (a) or (b) of this paragraph.\n\n7. \"Sexually violent person\" means a person to whom both of the following apply:\n\n(a) Has ever been convicted of or found guilty but insane of a sexually violent offense or was charged with a sexually violent offense and was determined incompetent to stand trial.\n\n(b) Has a mental disorder that makes the person likely to engage in acts of sexual violence.","path":["Title 36 Public Health and Safety"],"source_url":"https://www.azleg.gov/ars/36/03701.htm","current_through":"2026-09-04","vintage":"2026-08-09","retrieved_at":"2026-09-04T00:49:56Z","sha256":"d227cd002a2d1e518574f7304fb17ab7f81d981d29aa087184727999b19105f9","source_id":"us-az","stale":true,"prev":"us-az/a.r.s.-36-3613","next":"us-az/a.r.s.-36-3702"},"notice":"GroundRules: Original legal text. Not legal advice."}