Alabama Sex Offender Community Notification Act by Lieutenant Robert Stone Montgomery County Sheriff’s Office Internal Affairs

Sexually Violent Offenders The State of Alabama, at the time of sentencing, may petition the court to enter an order adjudging the offender to be a sexually violent predator. Evidence must show the offender suffers from a mental abnormality or personality disorder that makes them likely to engage in predatory criminal sex offenses.

Sexually Violent Offenders (cont.) Upon release, the SVP, must provide: A full history of offenses committed by the offender A full history of offenses committed by the offender Documentation of treatment for the abnormality Documentation of treatment for the abnormality Must provide residence verification quarterly Must provide residence verification quarterly

Classification of Offenders Adult – An individual who is 18 years old or older, or a juvenile or a youthful offender who has been certified as an adult by the court. Adult – An individual who is 18 years old or older, or a juvenile or a youthful offender who has been certified as an adult by the court. Juvenile – An individual who is adjudicated of a criminal sex offense. Juvenile – An individual who is adjudicated of a criminal sex offense. Youthful Offender – An individual who has been adjudicated as a youthful offender. If previously adjudicated or convicted as a criminal sex offender, he or she shall be treated as an adult sex offender. Youthful Offender – An individual who has been adjudicated as a youthful offender. If previously adjudicated or convicted as a criminal sex offender, he or she shall be treated as an adult sex offender.

Notifiable Sex Offenses Rape in the 1 st or 2 nd Degree Rape in the 1 st or 2 nd Degree Sodomy in the 1 st or 2 nd Degree Sodomy in the 1 st or 2 nd Degree Sexual Torture Sexual Torture Sexual Abuse in the 1 st or 2 nd Degree Sexual Abuse in the 1 st or 2 nd Degree Enticing a Child Enticing a Child Promoting Prostitution 1 st or 2 nd Degree Promoting Prostitution 1 st or 2 nd Degree Child Pornography Child Pornography Kidnapping in the 1 st or 2 nd Degree of a minor (except by a parent) Kidnapping in the 1 st or 2 nd Degree of a minor (except by a parent) Incest Incest Soliciting a child by computer for the purpose of committing a sexual act, or transmitting obscene material to a child by comuter Soliciting a child by computer for the purpose of committing a sexual act, or transmitting obscene material to a child by comuter

Notifiable Sex Offenses (cont.) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in this act. Any solicitation, attempt, or conspiracy to commit any of the offenses listed in this act. Any crime committed in any state or a federal, military, Indian, or a foreign country jurisdiction which, if it had been committed in this state under current provisions of law, would constitute one of these listed offenses. Any crime committed in any state or a federal, military, Indian, or a foreign country jurisdiction which, if it had been committed in this state under current provisions of law, would constitute one of these listed offenses. Any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd & lascivious conduct, taking indecent liberties with a child, or molestation of a child. Any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd & lascivious conduct, taking indecent liberties with a child, or molestation of a child.

Notifiable Sex Offenses (cont.) Sexual Misconduct and Indecent Exposure Are Not notifiable offenses But they still require registration under 13A

Responsible Agencies (person or government entity who is responsible for registering sex offenders) When the offender is released from: Prison – Department of Correction Prison – Department of Correction County Jail – Sheriff County Jail – Sheriff Municipal Jail – Police Department Municipal Jail – Police Department Probation – Sentencing Court Probation – Sentencing Court DYS – Department of Youth Services DYS – Department of Youth Services Out of state offenders – Department of Public Safety Out of state offenders – Department of Public Safety

Prior to Release Forty-five (45) days prior to release, an offender must declare an address to the responsible agency. Forty-five (45) days prior to release, an offender must declare an address to the responsible agency. The responsible agency must notify: The responsible agency must notify:  The Attorney General’s Office  Department of Public Safety  District Attorney’s Office  Sheriff of the county offender is intending to reside in  Chief of Police of the jurisdiction of residence  Alabama Criminal Justice Information System

Prior to Release (cont.) Information should include a Form 47, fingerprints & a current photograph Law Enforcement should begin Community Notification within five (5) business days after being advised of the offenders address. Law Enforcement should begin Community Notification within five (5) business days after being advised of the offenders address.

Probation without Incarceration Within 24 hours of the offender’s sentence of probation the responsible agency should notify: The Attorney General’s Office The Attorney General’s Office Department of Public Safety Department of Public Safety District Attorney’s Office District Attorney’s Office Sheriff of the county offender is intending to reside in Sheriff of the county offender is intending to reside in Chief of Police of the jurisdiction of residence Chief of Police of the jurisdiction of residence Alabama Criminal Justice Information System Alabama Criminal Justice Information System

Probation without Incarceration (cont.) NOTE: Living Restrictions Do Not apply if the offender is returning to a previously the offender is returning to a previously established residence as long as the victim established residence as long as the victim is not in the home. is not in the home.

ABI Role in Notification When they are notified of an offender’s release and proposed residence they: Verify offender’s sex crime conviction with a criminal history through AOC. Verify offender’s sex crime conviction with a criminal history through AOC. Enter offender into their database. Enter offender into their database. Start a file on the offender. Start a file on the offender. Create a sex offender flyer that is mailed to the Sheriff’s Office and the Police Department. Create a sex offender flyer that is mailed to the Sheriff’s Office and the Police Department. Put the offender on the Department of Public Safety Web Site. Put the offender on the Department of Public Safety Web Site.

Law Enforcement Responsibility When law enforcement receives notice that an offender is being released, the agency should: Check validity of address – determine distance property line to property line, aerial miles. Check validity of address – determine distance property line to property line, aerial miles. Make sure address does not violate residency restrictions. Make sure address does not violate residency restrictions. If address is in violation, notify the Department of Correction or the responsible agency of the violation. If the address is in compliance, begin the Community Notification Process.

Residency / Employment Restrictions Offenders are prohibited from: Establishing a residence or accepting employment within 2000 ft. of a school, or a child cae facility, or establishing a residence within 1000 ft. of their victim’s property or their victim’s immediate family. Establishing a residence or accepting employment within 2000 ft. of a school, or a child cae facility, or establishing a residence within 1000 ft. of their victim’s property or their victim’s immediate family.

Residency / Employment Restrictions (cont.) Offenders are prohibited from: Establishing a residence where a minor resides, except as a parent, grandparent, or stepparent of the minor, unless one of the following conditions applies: Establishing a residence where a minor resides, except as a parent, grandparent, or stepparent of the minor, unless one of the following conditions applies: 1) The offender’s parental rights have been or in the process of being terminated as provided by law. 2) The offender has been convicted of any criminal sex offense which any of the offender’s minor children, grandchildren, or stepchildren were the victim.

Residency / Employment Restrictions (cont.) Offenders are prohibited from: 3) The offender has been convicted of any criminal sex offense in which a minor was the victim and the minor resided or lived with the offender at the time of the offense. 4) The offender has been convicted of any criminal sex offense involving a child, regardless of whether the offender was related to or shared a residence with the child victim. Coming within 100 ft. of any of his or her former victim’s

Notification Guidelines Within five (5) business days after notice of release or intent to move of a sex offender is received, the following notification will occur: In Birmingham, Mobile, Huntsville and Montgomery: The Chief of Police will notify: All residence within 1000 feet All residence within 1000 feet All schools and child care facilities within three (3) miles All schools and child care facilities within three (3) miles In Cities with population of 5000 or more: The Chief of Police / Sheriff (if no Chief) will notify: All residence within 1500 feet All residence within 1500 feet All schools and child care facilities within three (3) miles All schools and child care facilities within three (3) miles In Cities/Municipalities w/ populations of less than 5000 or in unincorporated areas: The Sheriff will notify: All residence within 2000 feet All residence within 2000 feet All schools and child care facilities within three (3) miles All schools and child care facilities within three (3) miles

Verifications 60 Days – 60 days after release the offender is required to verify their address with law enforcement. 60 Days – 60 days after release the offender is required to verify their address with law enforcement. Bi-Annual – Each year on the sex offenders birth month, the offender must verify his physical address with law enforcement, and on the month six months after their birth month. Bi-Annual – Each year on the sex offenders birth month, the offender must verify his physical address with law enforcement, and on the month six months after their birth month.

Verifications (cont.) The verification forms are mailed from ABI to the offender using the address given on the last registration. The offender must present these forms to law enforcement. If the offender does not receive a form by mail from ABI, they are still required to present in person to law enforcement for verification. Law Enforcement has 30 days to return the verification form to the Alabama Department of Public Safety.

Change of Residence The offender must provide 30 days written notice to the Sheriff’s Office or Police Department prior to their moving. This must be done on ABI – Form 47, and shall include the location that the offender is moving from and the new address the offender is moving to.

Change of Residence (cont.) The offender shall be deemed to have established a new residence: Whenever the offender is domiciled for 3 consecutive days of more. Whenever the offender is domiciled for 3 consecutive days of more. Whenever the offender is domiciled following his or her release, regardless of whether the offender has been domiciled at the same location prior to the time of conviction. Whenever the offender is domiciled following his or her release, regardless of whether the offender has been domiciled at the same location prior to the time of conviction. Whenever an offender spends 10 or more aggregate days at a location during a calendar month. Whenever an offender spends 10 or more aggregate days at a location during a calendar month.

Requirement State of Alabama Driver’s License or Identification Card Every adult criminal sex offender who is a resident of this state shall obtain and always have in his or her possession either a valid driver’s license or identification card issued by the Alabama Department of Public Safety. Failure of an adult criminal sex offender to have either a driver’s license or an identification card constitutes a Class “C” Felony.

Juvenile Criminal Sex Offender Risk Assessment and Notification Provisions 60 days prior to the projected release of a juvenile offender, the treatment provider furnishes a risk assessment to the sentencing court and probation officer. 60 days prior to the projected release of a juvenile offender, the treatment provider furnishes a risk assessment to the sentencing court and probation officer. The juvenile’s probation officer will immediately notify the state and the parent / guardian of the juvenile sex offender of the pending release and the results of the risk assessment. The juvenile’s probation officer will immediately notify the state and the parent / guardian of the juvenile sex offender of the pending release and the results of the risk assessment. Within 30 days of receiving the risk assessment, the state may petition the court to apply notification. Within 30 days of receiving the risk assessment, the state may petition the court to apply notification.

Risk Factors Upon receiving a petition to apply notification, the sentencing court shall conduct a hearing to determine the risk the juvenile poses to the community.

Risk Factors (cont.) Risk Factors include, but are not limited to: Conditions of release – is it supervised release, are they receiving counseling, home environment. Conditions of release – is it supervised release, are they receiving counseling, home environment. Physical conditions – minimize re-offending (debilitating illness) Physical conditions – minimize re-offending (debilitating illness) Psychological or Psychiatric Profile – (risk of recidivism) Psychological or Psychiatric Profile – (risk of recidivism) Relationship between offender and victim Relationship between offender and victim

Risk Factors (cont.) Use of weapons, violence or injury. Use of weapons, violence or injury. The number, date and nature of prior offenses. The number, date and nature of prior offenses. Offenders response to treatment and behavior while confined. Offenders response to treatment and behavior while confined.

Levels of Notification on Juvenile Offenders Low Risk: Low Risk:  Notify the principal of the school where the juvenile will attend after release. Information is confidential and to be shared only with teachers / staff with supervision over the offender Moderate Risk: Moderate Risk:  Notify all schools and child care facilities within 3 miles of declared juvenile’s residence. A flyer shall be displayed at the Sheriff’s Office for public inspection. No community notification. Advise school daycare this is for their information only.

Levels of Notification on Juvenile Offenders (cont.) High Risk: High Risk:  Public to receive notification as if the juvenile offender were an adult.

Prior to Release of a Juvenile Offender The parent / guardian must declare an actual living address for the offender upon release. Responsible agency notification is made to the same agencies as for adult offenders – AG, DPS, DA, Sheriff, Chief of Police. The risk assessment is to be included. If a juvenile offender intends to move, the parent must declare a new address 14 days prior to moving. Failure of the parent / guardian to declare a new address 14 days prior to the move; will constitute a Class “A” Misdemeanor.

Prior to Release of a Juvenile Offender (cont.) When the juvenile reaches the age of majority, the parent or guardian is no longer subject to the requirement; the offender must report any changes.

Youthful Offenders Youthful offenders who have not been previously adjudicated for a criminal sex offense shall be considered juveniles for the purposes of this act. If the offender has a prior criminal sex offense, he or she will be treated as an adult offender.

Time Limits Adults – subject for a lifetime Adults – subject for a lifetime Juveniles – whether incarcerated or not, will be subject for 10 years from last date of release. Juveniles – whether incarcerated or not, will be subject for 10 years from last date of release. Any adult criminal sex offender convicted prior to the implementation of this act (May 26, 1996) is exempt from notification and residency restrictions, unless they establish a new residence or become incarcerated again. Any adult criminal sex offender convicted prior to the implementation of this act (May 26, 1996) is exempt from notification and residency restrictions, unless they establish a new residence or become incarcerated again.

Disclosure of Juvenile or Youthful Offender Information to Law Enforcement – Section – D: No existing state law, including, but not limited to, statutes that would otherwise make juvenile and youthful offender records confidential, shall preclude the disclosure of any information requested by a responsible agency, a Law Enforcement Officer, a criminal justice agency, and the Attorney General’s Office, or a District Attorney for purposes of administering, implementing, or enforcing this article.

Miscellaneous 13A , Alabama Code: Requires sex offenders to register with the Sheriff’s Office, Nothing in the notification act precludes any adult sex offender from registering in accordance with 13A Out of state criminal sex offenders need to have a Form 47 filed with DPS. Victim Information: No notice to the community shall contain the victim’s name or other identifiers.

Miscellaneous (cont.) Name Change: No criminal sex offender shall be allowed to change his or her name unless, the change is incident to a marriage or necessary to effect the exercise of religion. Web Sites: The Department of Public Safety and the Montgomery County Sheriff’s Office web sites Do Not include all sex offenders in their databases.

Criminal Sex Offender Databases Available on the Internet 1) National Sex Offender Public Registry  2) Alabama Department of Public Safety  3) Montgomery County Sheriff’s Office 

Summary of changes to Alabama’s Sex Offender Registration and Community Notification Statutes made by Act Effective October 1, 2005 Act will effect the following changes in existing law:  Those who commit sex offenses against children under 12 will be ineligible for probation, split sentences, or correctional incentive time.  Those who commit sex offenses against children under 12 will be sentenced to mandatory minimum sentences of 20 years in prison for Class A felonies and 10 years for Class B felonies.  Those who commit sex offenses against children under 12 will be prohibited from working or loitering at or near schools, parks or other areas where children congregate.  The Alabama Criminal Justice Information Center will be empowered to establish a system of electronic monitoring for sex offenders, who will be required to pay the costs of such monitoring.  Sexually violent predators and those who commit Class A felony sex offenses against children under 12 will be subject to at least 10 years of electronic monitoring after their release from incarceration.  All penalties in the Community Notification Act will become Class C felonies.

Summary of changes to Alabama’s Sex Offender Registration and Community Notification Statutes made by Act Effective October 1, 2005 (Cont.) Act will effect the following changes in existing law:  Offenders who have pled nolo contendere to criminal sex offenses in other jurisdictions will be subject to Alabama’s sex offender laws.  The time given for sex offenders to report to local law enforcement after their release from incarceration or transfer of residence will decrease from 30 to 7 days.  The definition of “criminal sex offense” will be clarified so that most out-of- state and federal sex offenders will be subject to community notification without a preliminary hearing.  The time period for sex offenders to declare their intended places of residence before being released from incarceration will increase from 30 to 45 days.  The process will be clarified for re-arresting and criminally charging sex offenders who refuse to provide or give false addresses before their release from incarceration.  Sex offenders will be required to register their places of employment with local law enforcement.

Summary of changes to Alabama’s Sex Offender Registration and Community Notification Statutes made by Act Effective October 1, 2005 (Cont.) Act will effect the following changes in existing law:  Sex offenders will be required to bi-annually verify their places of residence without being prompted to do so by the Department of Public Safety.  Effective September 1, 2006 the Department of Public Safety will identify sex offenders on driver’s licenses and identification cards, and sex offenders will be required to have and possess such a card.  Youthful offender criminal sex offenders will be required to undergo sex offender treatment and receive a risk assessment before being released.  Law Enforcement and prosecutors will be entitled to information regarding juveniles and youthful offenders that is needed to implement and enforce the Community Notification Act.