HB21 Alabama 2014 Session

Existing law restricts a sex offender from living and from being employed within 2,000 feet of property on which a child care facility or school is located

Existing law also restricts a sex offender from residing within 2,000 feet of a former victim

This bill would define residential sex offender cluster and would prohibit more than one unrelated sex offender from residing in an unregulated residential sex offender cluster

This bill would authorize the sheriff of the county to license a residential sex offender cluster in which two or more unrelated adult sex offenders reside

This bill would require monitoring of residential sex offender clusters

This bill would authorize the Department of Mental Health to promulgate rules regulating residential sex offender clusters

This bill would repeal certain existing laws relating to the proximity of sex offender residences to one another in Class municipalities, in Jefferson County, and in other counties

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 prohibit more than one unrelated adult sex offender from residing in an unlicensed residential sex offender cluster; to provide for licensing of residential sex offender clusters by the sheriff; to require monitoring of sex offenders residing in residential sex offender clusters; to authorize the Department of Mental Health to promulgate rules regarding the licensing of residential sex offender clusters; to provide criminal penalties; to repeal Section 13A-11-204, Code of Alabama 1975, and Act 2010-515 (2010 Regular Session, p. 865), relating to Jefferson County; 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