AR- Court: Sex offender not due hearing

10-24-2008 Arkansas:

A former Benton County sheriff’s deputy doesn’t have a constitutional right to contest his sexual-offender status in person before a governor-appointed panel, the Arkansas Supreme Court ruled Thursday.

Eric Burchette pleaded guilty to one count of fourthdegree sexual assault and two counts of sexual indecency with a child in 2004 and was sentenced to six years in prison.

After entering prison, Burchette was classified as a Level 3 sexual offender — the second-most serious classification — partly on information in police reports and witness statements that described more serious, violent acts that prosecutors never pursued.

In his appeal, Burchette argued that he was entitled to a hearing before the seven-person Sex Offender Assessment Committee to contest his risk assessment and to assert his innocence to the uncharged acts.

During oral arguments this month, his attorney, Jeff Rosenzweig, argued that a Level 3 assessment would severely hinder where Burchette can work, live and visit, in effect “criminalizing” his future. For that reason, he deserved the chance to argue his case in person before the board, Rosenzweig told the court. Burchette deserved a chance to plead his case before the “ultimate fact-finder,” Rosenzweig argued.

Currently, an appeal to the Sex Offender Assessment Committee is handled by one member, who then recommends to the full board whether an adjustment in risk level is necessary.

Justice Robert L. Brown wrote that the system in place is legal and works well.

The Sex Offender Screening and Risk Assessment program conducts the interview, reviews the evidence and assigns the classification, Brown wrote, and its decision can be appealed to the committee and to courts.

“We hold that Burchette had a meaningful opportunity to be heard,” Brown wrote.

Justice Annabelle Clinton Imber didn’t participate in the ruling.

Burchette, 27, was released on parole in early October, according to prison records.

At the Supreme Court, the case is 07-408, Eric Burchette v. Sex Offender Screening and Risk Assessment Committee. ..News Source.. by CHARLIE FRAGO