Sec 13-3827. Internet sex offender website; investigation of records; immunity; definition

A. The department of public safety shall establish and maintain an internet sex offender website for offenders whose risk assessment has been determined to be a level two or level three. The purpose of the internet sex offender website is to provide sex offender information to the public.

B. The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to section 13-3821:

1. The offender's name, address and age.

2. A current photograph.

3. The offense committed and notification level pursuant to section 13-3825, subsection C, if a risk assessment has been completed pursuant to section 13-3825.

C. The department of public safety shall annually update on the website the name, address and photograph of each sex offender.

D. The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used. This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.

E. The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization. The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system. The requesting business or organization shall not further disseminate that the person is a registered sex offender.

F. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.

G. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.

H. The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.

I. Except for a person who is required to register pursuant to section 13-3821, a person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.

J. For the purpose of this section, "required online identifier" means any electronic e-mail address information or instant message, chat, social networking or other similar internet communication name, but does not include a social security number, date of birth or pin number.