SB471 Alabama 2010 Session

Existing law provides for community notification of released convicted sex offenders

This bill would extensively amend existing law as generally stated herein, including changes to conform to federal law

Under existing law, certain terms are defined for purposes of community punishments and corrections and community notification of released convicted sex offenders

This bill would further define the terms "authority," "adult criminal sex offender," "community notification flyer," "criminal sex offense," "employment," "excluded felony offenders," "juvenile criminal sex offender," "responsible agency," "sexually violent predator," and would define the terms "authority," "local law enforcement official," "lodging," "required online identifier," "sex offender," and "temporary lodging information." Under existing law, certain procedures, requirements, and criteria are established regarding: Adult criminal offenders prior to release, the transfer and establishment of legal residence, the verification of legal residence, notice of intent to change place of employment, community notification, registration by a nonresident worker or student, and notice of employment or enrollment at a school or institution of higher education. Current law also provides for adjudging an offender to be a sexually violent predator and identification documentation

This bill would specify application to sex offenders who were not considered an adult sex offender prior to the effective date of this bill as enacted; increase from 45 days to 180 days prior to the release of an adult criminal sex offender registration by the offender of certain specified information, for the verification of such information, and upon failure to comply, in addition to current penalties for the offender to be arrested and transported to the sheriff of the county of last conviction for prosecution or, when applicable, loss of accumulated correctional incentive time and denial of early release; would further provide for verification of residence, and various time periods therefor, to the local law enforcement official to be forwarded to the Department of Public Safety, the Attorney General, and sheriff of county of residence and penalties for failure to comply; would require in person change of residential address or employment with new information forwarded to the Department of Public Safety, the Alabama Criminal Justice Information Center, the Attorney General, and local law enforcement officials, and provide penalties for failure to comply; would require certain offenders of certain sex offenses to verify within a specified time their place of residence and penalties for failure to comply; would provide for treatment of notice from federal, military, tribal, or foreign country jurisdiction; would require each criminal sex offender to sign a form regarding duty to register; would require community notification to certain hotels and motels; would provide through the Department of Public Safety Internet registry for each adult sex offender; would require supplying information to certain federal entities; would require maintaining information in a digitized format; would compile a list of persons who failed to register; would require registration by nonresident workers and students and penalties for failure to comply; would require in person registration of employment and enrollment at school or institution of higher education and changes with the local law enforcement official and penalties for failure to comply; would require registration by an offender considered a sexually violent predator and provide penalties for failure to comply; would require the reporting of required online identifier and the use of such information; would further provide that an adult criminal sex offender is prohibited from residing within a certain distance of a Boys and Girls Club or YMCA; would prohibit the offender from coming within 300 feet of his or her former victim; would prohibit entering school property with certain exceptions; would prohibit supervision of a child under the age of 12 in a home where an offender is a resident, and would provide penalties for failure to comply; would prohibit a juvenile criminal sex offender from residing in the residence where the victim resides or on the same lot or parcel; and would require an adult criminal sex offender to obtain a driver's license or identification card with a specific designation to enable law enforcement officers to identify the licensee as an offender

Under existing law, a juvenile criminal sex offender is subject to risk assessment and notification, certain requirements prior to release, verification of residence, when treated as an adult, escape procedures, exemptions, name change, victim assistance, and disclosure of information

This bill would require any juvenile criminal sex offender who is adjudicated delinquent to register as an adult criminal sex offender within 30 days of release and such offender is not entitled to a risk assessment; would require notice within three business days by the parent, guardian, or custodian concerning residing outside of state to the sheriff of the county; would require upon the age of 18 for the juvenile offender to register as an adult criminal sex offender; would require the verification form be submitted to the local law enforcement official where the juvenile criminal sex offender resides; would prohibit community notification if not ordered by the sentencing court; would further provide when a juvenile criminal sex offender is treated as an adult criminal sex offender; would prohibit a juvenile criminal sex offender from residency restrictions; would provide for the offender to be subject to registration for 10 years from the last date of release, unless subject to registration as an adult; would prohibit expungement; and would provide a penalty for failure of an adult criminal sex offender to notify of a name change within three business days

Under existing law, the Commissioner of Corrections is not prohibited from granting temporary leave from prison or Christmas furloughs to a prisoner convicted of a criminal sex offense

This bill would make such restrictions

Existing law does not prohibit the Board of Pardons and Paroles from approving or ordering a parole or pardon of a person convicted of certain criminal sex offenses

This bill would make such provision

This bill would add to the Code of Alabama 1975, Section 15-20-21.1, relating to application to current sex offenders; Section 15-20-24.1, relating to venue; Section 15-20-24.2, relating to absence of a sex offender from his or her principal place of residence and would provide penalties for failure to comply; Section 15-20-25.4, relating to verification of required online identifier and the dissemination of such information; website or Internet communication service residence; vehicle and temporary lodging information, telephone number, and cellular phones; an initial verification fee of $250; a $35 fee each time there is a change in residence or registration as a nonresident worker or student; Section 15-20-26.3, relating to terms and conditions of probation; and Section 15-20-39 relating to failure to register in person

This bill would create the crime of indecent exposure toward a child and would provide for penalties

This bill would create the crime of video voyeurism and would provide for penalties

This bill would create the crime of aiding and abetting a convicted sex offender and would provide for penalties

Also, this bill would make nontechnical changes

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 15-18-171, 15-20-20.1, 15-20-21, 15-20-22, as amended by Act 2009-619, 2009 Regular Session (Acts 2009, p. 1791), 15-20-23, 15-20-23.1, 15-20-24, 15-20-25, 15-20-25.1, 15-20-25.2, 15-20-25.3, 15-20-26, 15-20-26.2, 15-20-28, 15-20-29, 15-20-30, 15-20-31, 15-20-32, 15-20-33, 15-20-34, 15-20-35, 15-20-36, 15-22-28, and 15-22-36 of the Code of Alabama 1975, relating to community punishment and corrections and community notification of released convicted sex offenders; to provide further for definitions; to provide further for adult criminal sex offender's requirements prior to release, transfer, and establishment of legal residence, notice of intent to change place of employment, verification of residence; community notification procedures, registration by nonresident workers and students, notice of employment and enrollment at school or institution of higher education, locations where offender cannot reside, and identity documentation; to provide further for juvenile criminal sex offender risk assessment and notification, prior release requirements, residence verification, when treated as an adult, exemptions, and disclosure information; to provide penalties; to add Sections 15-20-21.1, 15-20-24.1, 15-20-24.2, 15-20-25.4, 15-20-26.3, and 15-20-39 to the Code of Alabama 1975, to provide for application to current sex offenders; to provide for venue; when absent from residence for more than 72 hours; to provide verification of the most current release of an adult criminal sex offender; to provide for the terms and conditions of probation of an adult sex offender; to provide for failure to register in person; and to provide penalties; to establish the crime of indecent exposure toward a child and to provide penalties; to create the crime of aiding and abetting a convicted sex offender and to provide penalties; to create the crime of video voyeurism and to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.