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State and National Resources For Victims

Ashakiran - They help foreign-born individuals experiencing crises throughout the state of Alabama.

Ashakiran – They help foreign-born individuals experiencing crises throughout the state of Alabama.

Phone: 1-800-793-3010

Website: https://ashakiranonline.org/

National Sex Offender Registry

National Child Abuse Hotline/ChildHelp

Phone: 1-800-422-4453

Website: https://www.childhelp.org/

National Sexual Assault Hotline

Phone: 1-800-656-4673

Website: www.rainn.org

National Center for Victims of Crime

Phone: 1-202-467-8700

Website: www.victimsofcrime.org

National Human Trafficking Resource Center

Phone: 1-888-373-7888

Website: www.polarisproject.org

Frequently Asked Questions

A sex offense involving a child is a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography.

Yes. Pursuant to Section 13A-5-6(a), a person convicted of a Class A felony sex offense involving a child must receive a mandatory minimum of 20 years.  A person convicted of a Class B felony sex offense involving a child must receive a minimum of 10 years.

13A-5-6(d) sets forth an additional mandatory life sentence without the possibility of parole when the victim is or younger and the defendant is 21 or older, and the defendant is convicted of Rape 1, Sodomy 1 or Sexual Torture.

According to Section 15-18-8, a person convicted of a sex offense involving a child which constitutes a Class A or B felony may not be granted probation.

According to 13A-5-2(d), every person convicted of a felony, misdemeanor or violation, except for the commission of a sex offense involving a child may be placed on probation as authorized by law.

Pursuant to 13A-5-6(c), an offender designated as a sexually violent predator or a sex offender convicted of a Class A felony sex offense involving a child who is sentenced to the county jail or DOC shall receive an additional penalty of not less than 10 years of post-supervision release.

No. According to Section 14-9-41(e), no person may receive the benefits of correctional incentive time if he or she has been convicted of a sex offense involving a child.

Those convicted of a crime involving the perpetration of sexual abuse upon a person under 17 are prohibited from obtaining the classification that affords the greatest amount of good time.

Section 15-22-27.3 states that any person convicted of a sex offense involving a child which constitutes a Class A or B Felony is not eligible for parole.

Section 15-18-8 (a) prohibits a person who is convicted of a sex offense involving a child which constitutes a Class A or B felony from receiving a split sentence.

No. Pursuant to §13A-5-6(a)(3) sex offenses enumerated in §15-20A-5 are not subject to the 2 year     maximum term of imprisonment in §15-18-8.      (Act 2019-465, effective September 1, 2019)

 

Frequently Asked Questions Regarding Sentences for Sex Offenders Convicted of a Sex Offense Involving a Child

This chapter shall be known and may be cited as the Alabama Sex

Offender Registration and Community Notification Act.

(Act 2011–640, p. 1569, § 1.)

The Legislature makes all of the following findings:

 

(1) Registration and notification laws are a vital concern as the number of sex offenders continues to rise. The increasing numbers coupled with the danger of recidivism place society at risk. Registration and notification laws strive to reduce these dangers by increasing public safety and mandating the release of certain information to the public. This release of information creates better awareness and informs the public of the presence of sex offenders in the community, thereby enabling the public to take action to protect themselves. Registration and notification laws aid in public awareness and not only protect the community but serve to deter sex offenders from future crimes through frequent in-person registration. Frequent in-person registration maintains constant contact between sex offenders and law enforcement, providing law enforcement with priceless tools to aid them in their investigations including obtaining information for identifying, monitoring, and tracking sex offenders.

 

(2) Juvenile sex offenders also pose a risk to the community. Due to juvenile sex offenders offending in their formative years, it is imperative that they receive sex offender treatment. At the completion of sex offender treatment, all juvenile sex offenders must undergo a risk assessment, and a hearing must be held by the court to determine their level of risk to the community and the level of notification that should be provided to best protect the public. Juvenile sex offenders adjudicated delinquent of the most serious offenses who pose a greater threat should be subject to more stringent requirements.

 

(3) Homeless sex offenders are a group of sex offenders who need to be monitored more frequently for the protection of the public. Homeless sex offenders present a growing concern for law enforcement due to their mobility. As the number of homeless sex offenders increases, locating, tracking, and monitoring these offenders becomes more difficult.

 

(4) Sexually violent offenders also cause increased concern for law enforcement. These predators are repeat sexual offenders who use physical violence, offend on multiple victims, and prey on children. Due to their likelihood to engage in future sexually violent behavior, they present an extreme threat to the public safety. The Legislature declares

that its intent in imposing additional tracking and monitoring requirements

on sexually violent predators is to assist law enforcement in carrying out their duties and, most importantly, to protect the public, especially children.

 

(5) Sex offenders, due to the nature of their offenses, have a reduced

expectation of privacy. In balancing the sex offender’s rights, and the

interest of public safety, the Legislature finds that releasing certain

information to the public furthers the primary governmental interest of

protecting vulnerable populations, particularly children. Employment

and residence restrictions, together with monitoring and tracking, also

further that interest. The Legislature declares that its intent in imposing

certain registration, notification, monitoring, and tracking requirements

on sex offenders is not to punish sex offenders but to protect the public

and, most importantly, promote child safety.

(Act 2011–640, p. 1569, § 2.)

(a) This chapter is applicable to every adult sex offender convicted of a sex offense as defined in Section 15–20A–5, without regard to when his or her crime or crimes were committed or his or her duty to register arose.

(b) Any adult sex offender shall be subject to this chapter for life.

(c) This chapter is applicable to juvenile sex offenders who are adjudicated delinquent pursuant to the Alabama Juvenile Justice Act, Sections 12–15–101 to 12–15–601, inclusive, formerly Sections 12–15–1 to 12–15–176, inclusive, Code of Alabama 1975, of a sex offense as defined in Section 15–20A–5.

(d) A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15–20A–5 on or after July 1, 2011, shall be subject to this chapter for the duration of time as provided in Section 15–20A–28. A juvenile sex offender adjudicated delinquent of a sex offense as defined in Section 15–20A–5 prior to July 1, 2011, shall be subject to registration and verification pursuant to this chapter for 10 years from the last date of release on the sex offense subjecting the juvenile sex offender to registration, and the juvenile sex offender shall be subject to notification during the registration period if notification was previously ordered by the sentencing court.

(e) This chapter is applicable to youthful offender sex offenders who are adjudicated as a youthful offender pursuant to the Youthful Offender Act, Sections 15–19–1 to 15–19–7, of a sex offense as defined in Section 15–20A–5.

(f) A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15–20A–5 on or after July 1, 2011, shall be subject to this chapter as provided in Section 15–20A–35. A youthful offender sex offender adjudicated as a youthful offender of a sex offense as defined in Section 15–20A–5 prior to July 1, 2011, shall be treated as follows:

 

(1) If the youthful offender sex offender was not previously adjudicated or convicted of a sex offense, he or she shall be treated as a juvenile sex offender adjudicated prior to July 1, 2011, pursuant to subsection (d).

 

(2) If the youthful offender sex offender was previously adjudicated or convicted of a sex offense, he or she shall be treated as an adult sex offender pursuant to subsection (b).

(Act 2011–640, p. 1569, § 3.)

For purposes of this chapter, the following words shall have the following
meanings:
(1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12.
(3) CHILDCARE FACILITY. A licensed child daycare center, a licensed
childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38–7–3, if it is sufficiently conspicuous that
a reasonable person should know or recognize its location or its address
has been provided to local law enforcement.
(4) CONVICTION. A verdict or finding of guilt as the result of a trial, a
plea of guilty, a plea of nolo contendere, or an Alford plea regardless of
whether adjudication was withheld. Conviction includes, but is not
limited to, a conviction in a United States territory, a conviction in a
federal or military tribunal, including a court martial conducted by the
Armed Forces of the United States, a conviction for an offense committed
on an Indian reservation or other federal property, a conviction in
any state of the United States or a conviction in a foreign country if the
foreign country’s judicial system is such that it satisfies minimum due
process set forth in the guidelines under Section 111(5)(B) of Public Law
109–248. Cases on appeal are deemed convictions until reversed or
overturned.
(5) EMPLOYMENT. Compensated work or a volunteer position for any
period of time, regardless of whether the work is full-time, part-time,
self-employment, or as an independent contractor or day laborer, provided
that employment does not include any time spent traveling as a
necessary incident to performing the work.
(6) FIXED RESIDENCE. A building or structure, having a physical address
or street number, that provides shelter in which a person resides.
(7) HOMELESS. The state of lacking a fixed residence.
(8) IMMEDIATE FAMILY MEMBER. A parent or grandparent; child, grandchild, or sibling of any age by blood, adoption, or marriage; or spouse.
(9) IMMEDIATELY. Within three business days.
(10) JURISDICTION. Any state of the United States, any United States
territory, the District of Columbia, or any federally recognized Indian
tribe.
(11) JUVENILE SEX OFFENDER. An individual who has not attained the
age of 18 at the time of the offense and who is adjudicated delinquent of
a sex offense.
(12) LOCAL LAW ENFORCEMENT. The sheriff of the county and the chief
of police if the location subject to registration is within the corporate
limits of any municipality, or, if applicable, the chief law enforcement
officer for a federally recognized Indian tribe.
(13) MINOR. A person who has not attained the age of 18.
(14) OVERNIGHT VISIT. Any presence between the hours of 10:30 p.m.
and 6:00 a.m.
(15) PREDATORY. An act directed at a stranger, a person of casual
acquaintance, or with whom no substantial relationship exists, or a person with whom a relationship has been established or promoted for the purpose of victimization of that person or individuals over whom that person has control.
(16) PRIOR CONVICTION. The person has served and has been released
or discharged from, or is serving, a separate period of incarceration, commitment, or supervision for the commission of a sex offense, as defined by Section 15–20A–5, prior to, or at the time of, committing another sex offense.
(17) REGISTERING AGENCY. Any agency with whom the sex offender
registers required registration information.
(18) RELEASE. Release from a state prison, county jail, municipal jail,
mental health facility, release or discharge from the custody of the
Department of Youth Services or other juvenile detention, or placement
on an appeal bond, probation, parole, or aftercare, placement into any
facility or treatment program that allows the sex offender to have
unsupervised access to the public, or release from any other facility,
custodial or noncustodial, where the sex offender is sentenced or made a
ward of that facility by a circuit, district, or juvenile court.
(19) REQUIRED REGISTRATION INFORMATION. Any information required
pursuant to Section 15–20A–7.
(20) RESIDE. To be habitually or systematically present at a place.
Whether a person is residing at a place shall be determined by the
totality of the circumstances, including the amount of time the person
spends at the place and the nature of the person’s conduct at the place.
The term reside includes, but is not limited to, spending more than four
hours a day at the place on three or more consecutive days; spending
more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place
coupled with statements or actions that indicate an intent to live at the
place or to remain at the place for the periods specified in this sentence.
A person does not have to conduct an overnight visit to reside at a place.
(21) RESIDENCE. A fixed residence as defined by this section or other
place where the person resides, regardless of whether the person declares or characterizes such place as a residence.
(22) RESPONSIBLE AGENCY. The person or government entity whose
duty it is to obtain information from a sex offender and to transmit that
information to the Alabama State Law Enforcement Agency, police
departments, and sheriffs. For a sex offender being released from state
prison, the responsible agency is the Department of Corrections. For a
sex offender being released from a county jail, the responsible agency is
the sheriff of that county. For a sex offender being released from a
municipal jail, the responsible agency is the chief of police of that
municipality. For a sex offender being placed on probation, including
conditional discharge or unconditional discharge, without any sentence of
incarceration, the responsible agency is the sentencing court or designee
of the sentencing court. For a juvenile sex offender being released from
the Department of Youth Services, the responsible agency is the Department of Youth Services. For a sex offender who is being released from a jurisdiction outside this state and who is to reside in this state, the
responsible agency is the sheriff of the county in which the offender
intends to establish a residence.
(23) RISK ASSESSMENT. A written report on the assessment of risk for
sexually re-offending conducted by a sex offender treatment program or
provider approved by the Department of Youth Services. The report
shall include, but not be limited to, the following regarding the juvenile
sex offender: Criminal history, mental status, attitude, previous sexual
offender treatment and response to treatment, social factors, conditions
of release expected to minimize risk of sexual re-offending, and characteristics of the sex offense.
(24) SCHOOL. A licensed or accredited public, private, or church
school that offers instruction in grades pre-K–12 if it is sufficiently
conspicuous that a reasonable person should know or recognize its
location or its address has been provided to local law enforcement. The
definition does not include a private residence in which students are
taught by parents or tutors or any facility dedicated exclusively to the
education of adults unless that facility has a childcare facility as defined
in subdivision (3).
(25) SENTENCING COURT. The court of adjudication or conviction.
(26) SEX OFFENDER. Includes any adult sex offender, any youthful
offender sex offender, and any juvenile sex offender.
(27) SEX OFFENSE INVOLVING A CHILD. A conviction for any sex offense
in which the victim was a child or any offense involving child pornography.
(28) SEX OFFENSE INVOLVING A MINOR. A conviction for any sex offense
in which the victim was a minor or any offense involving child pornography.
(29) SEXUALLY VIOLENT PREDATOR. A person who has been convicted of
a sexually violent offense and who is likely to engage in one or more
future sexually violent offenses or is likely to engage in future predatory
sex offenses.
(30) STUDENT. A person who is enrolled in or attends, on a full-time
or part-time basis, any public or private educational institution, including
a secondary school, trade or professional school, or institution of higher
education.
(31) TEMPORARY LODGING INFORMATION. Lodging information including, but not limited to, the name and address of any location where the person is staying when away from his or her residence for three or more days and the period of time the person is staying at that location.
(32) VOLUNTEER POSITION. An arrangement whereby a person works
without compensation for any period of time on behalf of a business,
school, charity, child care facility, or other organization or entity, provided
that a volunteer position does not include any time spent traveling as
a necessary incident to performing the uncompensated work.
(33) YOUTHFUL OFFENDER SEX OFFENDER. An individual adjudicated as a youthful offender for a sex offense who has not yet attained the age of 21 at the time of the offense.
(Act 2011–640, p. 1569, § 4; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

For the purposes of this chapter, a sex offense includes any of the
following offenses:
(1) Rape in the first degree, as provided by Section 13A–6–61.
(2) Rape in the second degree, as provided by Section 13A–6–62. A
juvenile sex offender adjudicated delinquent of a violation of rape in the
second degree is presumed to be exempt from this chapter after the
juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this
chapter.
(3) Sodomy in the first degree, as provided by Section 13A–6–63.
(4) Sodomy in the second degree, as provided by Section 13A–6–64.
A juvenile sex offender adjudicated delinquent of a violation of sodomy
in the second degree is presumed to be exempt from this chapter after
the juvenile has been counseled on the dangers of the conduct for which
he or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this
chapter.
(5) Sexual misconduct, as provided by Section 13A–6–65, provided
that on a first conviction or adjudication the sex offender is only subject
to registration and verification pursuant to this chapter. On a second or
subsequent conviction or adjudication of a sex offense, if the second or
subsequent conviction or adjudication does not arise out of the same set
of facts and circumstances as the first conviction or adjudication of a sex
offense, the sex offender shall comply with all requirements of this
chapter. A juvenile sex offender adjudicated delinquent of a violation of
sexual misconduct is presumed to be exempt from this chapter after the
juvenile has been counseled on the dangers of the conduct for which he
or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this
chapter.
(6) Sexual torture, as provided by Section 13A–6–65.1.
(7) Sexual abuse in the first degree, as provided by Section 13A–6–66.
(8) Sexual abuse in the second degree, as provided by Section
13A–6–67.
(9) Indecent exposure, as provided by Section 13A–6–68, provided that
on a first conviction or adjudication of a sex offense, the sex offender is
only subject to registration and verification pursuant to this chapter. On
a second or subsequent conviction or adjudication of a sex offense, if the
second or subsequent conviction or adjudication does not arise out of the
same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
(10) Enticing a child to enter a vehicle, room, house, office, or other
place for immoral purposes, as provided by Section 13A–6–69.
(11) Sexual abuse of a child less than 12 years old, as provided by
Section 13A–6–69.1.
(12) Promoting prostitution in the first degree, as provided by Section
13A–12–111.
(13) Promoting prostitution in the second degree, as provided by
Section 13A–12–112.
(14) Violation of the Alabama Child Pornography Act, as provided by
Section 13A–12–191, 13A–12–192, 13A–12–196, or 13A–12–197. A juvenile
sex offender adjudicated delinquent of a violation of the Alabama
Child Pornography Act is presumed to be exempt from this chapter after
the juvenile has been counseled on the dangers of the conduct for which
he or she was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject to this
chapter.
(15) Unlawful imprisonment in the first degree, as provided by Section
13A–6–41, if the victim of the offense is a minor, and the record of
adjudication or conviction reflects the intent of the unlawful imprisonment
was to abuse the minor sexually.
(16) Unlawful imprisonment in the second degree, as provided by
Section 13A–6–42, if the victim of the offense is a minor, and the record
of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.
(17) Kidnapping in the first degree, as provided by subdivision (4) of
subsection (a) of Section 13A–6–43, if the intent of the abduction is to
violate or abuse the victim sexually.
(18) Kidnapping of a minor, except by a parent, guardian, or custodian,
as provided by Section 13A–6–43 or 13A–6–44.
(19) Incest, as provided by Section 13A–13–3.
(20) Transmitting obscene material to a child by computer, as provided
by Section 13A–6–111.
(21) School employee engaging in a sex act or deviant sexual intercourse
with a student, or having sexual contact or soliciting a sex act or
sexual contact with a student, as provided by Sections 13A–6–81 and
13A–6–82.
(22) Foster parent engaging in a sex act, having sexual contact, or
soliciting a sex act or sexual contact with a foster child, as provided by
Section 13A–6–71.
(23) Facilitating solicitation of unlawful sexual conduct with a child, as
provided by Section 13A–6–121.
(24) Electronic solicitation of a child, as provided by Section
13A–6–122.
(25) Facilitating the on-line solicitation of a child, as provided by
Section 13A–6–123.
(26) Traveling to meet a child for an unlawful sex act, as provided by
Section 13A–6–124.
(27) Facilitating the travel of a child for an unlawful sex act, as
provided by Section 13A–6–125.
(28) Human trafficking in the first degree, as provided by Section
13A–6–152, provided that the offense involves sexual servitude.
(29) Human trafficking in the second degree, as provided by Section
13A–6–153, provided that the offense involves sexual servitude.
(30) Custodial sexual misconduct, as provided by Section 14–11–31.
(31) Sexual extortion, as provided by Section 13A–6–241.
(32) Directing a child to engage in a sex act, as provided in Section
13A–6–243.
(33) Any offense which is the same as or equivalent to any offense set
forth above as the same existed and was defined under the laws of this
state existing at the time of such conviction, specifically including, but not
limited to, crime against nature, as provided by Section 13–1–110; rape,
as provided by Sections 13–1–130 and 13–1–131; carnal knowledge of a
woman or girl, as provided by Sections 13–1–132 through 13–1–135, or
attempting to do so, as provided by Section 13–1–136; indecent molestation of children, as defined and provided by Section 13–1–113; indecent exposure, as provided by Section 13–1–111; incest, as provided by
Section 13–8–3; offenses relative to obscene prints and literature, as
provided by Sections 13–7–160 through 13–7–175, inclusive; employing,
harboring, procuring or using a girl over 10 and under 18 years of age for
the purpose of prostitution or sexual intercourse, as provided by Section
13–7–1; seduction, as defined and provided by Section 13–1–112; a male
person peeping into a room occupied by a female, as provided by Section
13–6–6; assault with intent to ravish, as provided by Section 13–1–46;
and soliciting a child by computer, as provided by Section 13A–6–110.
(34) Any solicitation, attempt, or conspiracy to commit any of the
offenses listed in subdivisions (1) to (33), inclusive.
(35) Any crime committed in Alabama or any other state, the District
of Columbia, any United States territory, or a federal, military, Indian, or
foreign country jurisdiction which, if it had been committed in this state
under the current provisions of law, would constitute an offense listed in
subdivisions (1) to (34), inclusive.
(36) Any offense specified by Title I of the federal Adam Walsh Child
Protection and Safety Act of 2006 (Pub.L. 109–248, the Sex Offender
Registration and Notification Act (SORNA)).
(37) Any crime committed in another state, the District of Columbia,
any United States territory, or a federal, military, Indian, or foreign
country jurisdiction if that jurisdiction also requires that anyone convicted
of that crime register as a sex offender in that jurisdiction.
(38) Any offender determined in any jurisdiction to be a sex offender
shall be considered a sex offender in this state.
(39) The foregoing notwithstanding, 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, carnal
knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse,
sexual torture, solicitation of a child, enticing or luring a child, child
pornography, lewd and lascivious conduct, taking indecent liberties with a
child, molestation of a child, criminal sexual misconduct, video voyeurism,
or there has been a finding of sexual motivation.
(40) Any crime not listed in this section wherein the underlying felony
is an element of the offense and listed in subdivisions (1) to (39),
inclusive.
(41) Any other offense not provided for in this section wherein there
is a finding of sexual motivation as provided by Section 15–20A–6.
(Act 2011–640, p. 1569, § 5; Act 2015–463, p. 1506, § 1; Act 2016–354, p. 867, § 2; Act
2017–414, § 5; Act 2018–528, § 4; Act 2019–465, § 1.)

(a)(1) The indictment, count in the indictment, information, complaint
or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual
motivation in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.
(2) If a specification is included in the indictment, count in the
indictment, information, complaint, or warrant charging the offense the
specification shall be stated at the end of the body of the indictment,
count in the indictment, information, complaint, or warrant and shall be
in substantially the following form: ‘‘SPECIFICATION or SPECIFICATION
TO THE FIRST COUNT. The Grand Jurors (or insert appropriate
name) further find and specify that the offender committed the
offense with a sexual motivation.’’
(3) If the prosecuting attorney files an allegation of sexual motivation,
it shall be filed within a reasonable time after indictment to give
sufficient notice to the defendant.
(b) If the indictment, count of the indictment, information, complaint, or
warrant charging the offense includes a specification of sexual motivation or if the prosecuting attorney files an allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation.
(c) The court shall make a written finding of fact, to be made part of the
record upon conviction or adjudication as a youthful offender, of whether
or not a sexual motivation was present at the time of the commission of the offense unless the defendant has a trial by jury.
(d) If a defendant has a trial by jury, the jury, if it finds the defendant
guilty, shall also find a special verdict as to whether or not the defendant
committed the crime with a sexual motivation.
(e) If there is a finding of sexual motivation, the finding shall be made
part of the record of conviction or adjudication.
(f) For purposes of this section, sexual motivation means that one of the
purposes for which the defendant committed the crime was for the purpose of the sexual gratification of the defendant.
(g) This section shall not apply to sex offenses as defined in subdivisions
(1) to (40), inclusive, of Section 15–20A–5.
(Act 2011–640, p. 1569, § 6; Act 2015–463, p. 1506, § 1; Act 2018–528, § 4.)

(a) The following registration information, unless otherwise indicated,
shall be provided by the sex offender when registering:
(1) Name, including any aliases, nicknames, ethnic, or tribal names.
(2) Date of birth.
(3) Social Security number.
(4) Address of each residence.
(5) Name and address of any school the sex offender attends or will
attend. For purposes of this subdivision, a school includes an educational
institution, public or private, including a secondary school, a trade or
professional school, or an institution of higher education.
(6) Name and address of any employer where the sex offender works
or will work, including any transient or day laborer information.
(7) The license plate number, registration number or identifier, description,
and permanent or frequent location where all vehicles are kept
for any vehicle used for work or personal use, including land vehicles,
aircraft, and watercraft.
(8) Any telephone number used, including land line and cell phone
numbers.
(9) Any email addresses or instant message address or identifiers used,
including any designations or monikers used for self-identification in
Internet communications or postings other than those used exclusively in
connection with a lawful commercial transaction.*
(10) A current photograph.
(11) A physical description of the sex offender including physical
appearance, physical characteristics, and identifying marks such as scars
and tattoos.
(12) Fingerprints and palm prints.
(13) A DNA sample. The DNA sample may be collected by the
probation officer, sheriff, chief of police, or other responsible agency.
Prior to collecting a DNA sample, the responsible agency shall determine
if a DNA sample has already been collected for the sex offender by
checking the Dru Sjodin National Sex Offender Public Registry website,
the Alabama Department of Forensic Sciences DNATracker site, or with
the Alabama State Law Enforcement Agency. If a DNA sample has not
been previously collected for the sex offender, the responsible agency
shall coordinate for the collection of a DNA sample with the sheriff of
the county in which the registration is occurring. The collection of a
DNA sample should be performed using materials recommended or
provided by the Alabama Department of Forensic Sciences. The DNA
sample shall be immediately forwarded by the entity collecting the
sample to the Department of Forensic Sciences.
(14) A photocopy of the valid driver license or identification card.
(15) A photocopy of any and all passport and immigration documents.
(16) Any professional licensing information that authorizes the sex
offender to engage in an occupation or carry out a trade or business.
(17) A full criminal history of the sex offender, including dates of all
arrests and convictions, status of parole, probation, or supervised release,
registration status, and outstanding arrest warrants.
(18) A list of any and all Internet service providers used by the sex
offender.**
(19) Any other information deemed necessary by the Secretary of the
Alabama State Law Enforcement Agency.
(b) The registering agency is not required to obtain any of the following
information each time the sex offender verifies his or her required registration information if the registering agency verifies the information has already been collected and has not been changed or altered:
(1) A current photograph.
(2) Fingerprints or palm prints.
(3) A DNA sample.
(4) A photocopy of the valid driver license or identification card.
(5) A photocopy of any and all passport and immigration documents.
(c) The registration information shall be transmitted to the Alabama
State Law Enforcement Agency in a manner determined by the secretary of the department and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.

* (9) Instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings, may no longer be collected
due to the final judgment in Doe, et al. v. Marshall, et al., 2:15–CV–606–WKW.

(d) The required registration information shall include a form explaining all registration and notification duties, including any requirements and restrictions placed on the sex offender. This form shall be signed and dated by the sex offender. If the sex offender fails to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the sex offender and that the sex offender refused to sign.

(e) All required registration information shall be stored electronically in

a manner determined by the Secretary of the Alabama State Law Enforcement Agency and shall be available in a digitized format by the Alabama State Law Enforcement Agency to anyone entitled to receive the information as provided in Section 15–20A–42.

(f) Any person who knowingly fails to provide the required registration

information, or who knowingly provides false information, pursuant to this section shall be guilty of a Class C felony.

(Act 2011–640, p. 1569, § 7; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)


** (18) Internet service providers may no longer be collected due to the final judgment in
Doe, et al. v. Marshall, et al., 2:15–CV–606–WKW.

(a) All of the following registration information shall be provided on the
public registry website maintained by the Alabama State Law Enforcement
Agency and may be provided on any community notification documents:
(1) Name, including any aliases, nicknames, ethnic, or Tribal names.
(2) Address of each residence.
(3) Address of any school the sex offender attends or will attend. For
purposes of this subdivision, a school includes an educational institution,
public or private, including a secondary school, a trade or professional
school, or an institution of higher education.
(4) Address of any employer where the sex offender works or will
work, including any transient or day laborer information.
(5) The license plate number and description of any vehicle used for
work or personal use, including land vehicles, aircraft, and watercraft.
(6) A current photograph.
(7) A physical description of the sex offender.
(8) Criminal history of any sex offense for which the sex offender has
been adjudicated or convicted.
(9) The text of the criminal provision of any sex offense of which the
sex offender has been adjudicated or convicted.
(10) Status of the sex offender, including whether the sex offender has
absconded.
(b) None of the following information shall be provided on the public
registry website or any other notification documents:
(1) Criminal history of any arrests not resulting in conviction.
(2) Social Security number.
(3) Travel and immigration document numbers.
(4) Victim identity.
(5) Any email addresses or instant message addresses or identifiers
used by the sex offender.
(6) Any Internet service providers used by the sex offender.
(c) Any other required registration information may be included on the
website as determined by the Secretary of the Alabama State Law Enforcement Agency.
(d) All information shall immediately be posted on the public registry
website upon receipt of the information by the Alabama State Law
Enforcement Agency.
(e) The website shall include field search capabilities to search for sex
offenders by name, city or town, county, zip code, or geographic radius.
(f) The website shall include links to sex offender safety and education
resources.
(g) The website shall include instructions on how to seek correction of
information that a person contends is erroneous.
(h) The website shall include a warning that information on the site
should not be used to unlawfully injure, harass, or commit a crime against
any person named in the registry or residing or working at any reported
address and that any such action may result in civil or criminal penalties.
The website shall also include a warning that, prior to including the individual on the website, the Alabama State Law Enforcement Agency did
not consider or assess the individual’s specific risk of reoffense or current
dangerousness; that inclusion on the website is based solely on an individual’s conviction record and state law; and that the Legislature’s purpose in providing this data is to make the information more easily available and accessible, not to warn about any specific individual.
(Act 2011–640, p. 1569, § 8; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) At least 30 days prior to release, or immediately upon notice of
release if release is less than 30 days, of an adult sex offender from the
county jail, municipal jail, Department of Corrections, or any other facility
that has incarcerated the adult sex offender, or immediately upon conviction, if the adult sex offender is not incarcerated:
(1) The responsible agency shall inform the adult sex offender of his
or her duty to register and, instruct the adult sex offender to read and
sign a form stating that the duty to register has been explained. The
adult sex offender shall sign the form stating that the duty to register has
been explained and shall provide the required registration information.
If the adult sex offender refuses to sign the form, the designee of the
responsible agency shall sign the form stating that the requirements have
been explained to the adult sex offender and that the adult sex offender
refused to sign.
(2) If the adult sex offender declares his or her intent to reside within
this state, the responsible agency shall immediately notify and provide the
required registration information to the Alabama State Law Enforcement
Agency, the Attorney General, the district attorney in the county of
conviction, and local law enforcement where the adult sex offender
intends to reside. The notification shall also include any other information
available to the responsible agency which would be necessary to
identify and trace the adult sex offender, including, but not limited to,
each sex offense history or a copy of the pre-sentence investigation of the
sex offense and the release date of the adult sex offender.
(3) If the adult sex offender declares his or her intent to reside outside
of the state, the responsible agency shall immediately notify and provide
the required registration information to the Alabama State Law Enforcement Agency, the Attorney General, the district attorney in the county of conviction, and the designated state law enforcement agency of the state to which the adult sex offender has declared his or her intent to reside. The notification shall also include any other information available to the responsible agency which would be necessary to identify and trace the adult sex offender, including, but not limited to, each sex offense history or a copy of the pre-sentence investigation of the sex offense and the release date of the sex offender.
(4) If an adult sex offender is not able to provide a residence prior to
the time of release, then the responsible agency shall notify the sheriff of
the county where the last conviction for a sex offense or violation of this
chapter took place at least five days prior to the release of the adult sex
offender. Upon notice of the release date from the responsible agency,
the sheriff of the county of the last conviction for a sex offense or a
violation of this chapter shall make arrangements to have the adult sex
offender immediately remanded to his or her custody to register in
accordance with Section 15–20A–10 at the time of release.
(5) Any adult sex offender who is due to be released due to the
expiration of his or her sentence and who refuses to provide the required
registration information shall be treated as follows:
a. If the adult sex offender has not accumulated any incentive time
pursuant to Section 14–9–41 or any other law, he or she shall be
charged with violating this section. At least five days prior to his or
her release date, the Department of Corrections shall notify the sheriff
in the county where the last conviction for a sex offense or violation of
this chapter took place, which county shall be the proper venue for
arrest and prosecution of violation of this section. Upon notice of the
release date, the sheriff from the county of the last conviction for a sex
offense or violation of this chapter shall make arrangements to have
the adult sex offender immediately remanded to his or her custody at
the time of release. Any adult sex offender charged with violating this
section may only be released on bond on the condition that the adult
sex offender is in compliance with this section before being released.
b. If the adult sex offender has accumulated correctional incentive
time pursuant to Section 14–9–41 or any other law, the adult sex
offender shall be charged with non-compliance with this section and
shall not be allowed early release, but instead shall forfeit all correctional
incentive time that has accrued pursuant to Section 14–9–41, or
other good time allowed by law.
(b) An adult sex offender who knowingly fails to comply with this section
by failing to provide the required registration information shall be guilty of
a Class C felony.
(Act 2011–640, p. 1569, § 9; Act 2015–463, p. 1506, § 1.)

(a)(1) Immediately upon release from incarceration, or immediately
upon conviction if the adult sex offender is not incarcerated, the adult sex
offender shall appear in person and register all required registration
information with local law enforcement in each county in which the adult
sex offender resides or intends to reside, accepts or intends to accept
employment, accepts or intends to accept a volunteer position, and
begins or intends to begin school attendance.
(2) An adult sex offender who registers pursuant to subdivision (1)
shall have seven days from release to comply with the residence restrictions pursuant to subsection (a) of Section 15–20A–11.
(b) Immediately upon establishing a new residence, accepting employment, accepting a volunteer position, or beginning school attendance, the adult sex offender shall appear in person to register with local law enforcement in each county in which the adult sex offender establishes a residence, accepts employment, accepts a volunteer position, or begins school attendance.
(c)(1) Immediately upon transferring or terminating any residence, employment, or school attendance, the adult sex offender shall appear in
person to notify local law enforcement in each county in which the adult
sex offender is transferring or terminating residence, employment, or
school attendance.
(2) Whenever a sex offender transfers his or her residence, as provided
in subdivision (1) from one county to another county, the sheriff of
the county from which the sex offender is transferring his or her
residence shall immediately notify local law enforcement in the county in
which the sex offender intends to reside. If a sex offender transfers his
or her residence, as provided in subdivision (1) from one county to
another jurisdiction, the sheriff of the county from which the sex offender
is transferring his or her residence shall immediately notify the chief law
enforcement agency in the jurisdiction in which the sex offender intends
to reside.
(d) Immediately upon any name change, the adult sex offender shall
immediately appear in person to update the information with local law
enforcement in each county in which the adult sex offender is required to
register.
(e)(1) Upon changing any required registration information, including by
transferring or terminating a residence the adult sex offender shall immediately appear in person and update the information with local law
enforcement in each county in which the adult sex offender resides.
Provided, however, any changes in telephone numbers, email addresses,
instant message addresses, or other on-line identifiers or Internet service
providers may be reported to local law enforcement in person, electronically, or telephonically as required by the local law enforcement agency.***
(2) Notwithstanding any other provision of law regarding the establishment of residence, an adult sex offender has transferred or terminated his or her residence for purposes of subdivision (1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or completing a travel notification document pursuant to Section 15–20A–15.
(f) An adult sex offender shall appear in person to verify all required
registration information during the adult sex offender’s birth month and
every three months thereafter, regardless of the month of conviction, for
the duration of the adult sex offender’s life with local law enforcement in
each county in which the adult sex offender resides.
(g) At the time of registration, the adult sex offender shall be provided a
form explaining any and all duties and restrictions placed on the adult sex
offender. The adult sex offender shall read and sign this form stating that
he or she understands the duties and restrictions imposed by this chapter.
If the adult sex offender refuses to sign the form, the designee of the
registering agency shall sign the form stating that the requirements have
been explained to the adult sex offender and that the adult sex offender
refused to sign.
(h) For purposes of this section, a school includes an educational
institution, public or private, including a secondary school, a trade or
professional school, or an institution of higher education.
(i) If an adult sex offender was convicted and required to register prior
to July 1, 2011, then the adult sex offender shall begin quarterly registration after his or her next biannual required registration date.
(j) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 10; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)
*** (e)(1) Information regarding instant message addresses or other on-line identifiers or Internet service providers may no longer be collected due to the final judgment in Doe, et al.
v. Marshall, et al., 2:15–CV–606–WKW.

(a) No adult sex offender shall establish a residence or maintain a
residence after release or conviction within 2,000 feet of the property on
which any school, childcare facility, or resident camp facility is located
unless otherwise exempted pursuant to Sections 15–20A–23 and
15–20A–24. For the purposes of this section, a resident camp facility
includes any place, area, parcel, or tract of land which contains permanent
or semi-permanent facilities for sleeping owned by a business, church, or
nonprofit organization used primarily for educational, recreational, or
religious purposes for minors and the location of the resident camp has
been provided to local law enforcement. Resident camp does not include a
private residence, farm, or hunting or fishing camp.
(b) No adult sex offender shall establish a residence or maintain a
residence after release or conviction within 2,000 feet of the property on
which his or her former victim, or an immediate family member of the
victim, resides unless otherwise exempted pursuant to Section 15–20A–24
or Section 15–20A–16.
(c) Changes to property within 2,000 feet of a registered address of an
adult sex offender which occur after the adult sex offender establishes
residency shall not form the basis for finding that the adult sex offender is
in violation of this section unless the sex offender has been released or
convicted of a new offense after establishing residency.
(d) No adult sex offender shall reside or conduct an overnight visit with
a minor. Notwithstanding the foregoing, an adult sex offender may reside
with a minor if the adult sex offender is the parent, grandparent, stepparent, sibling, or stepsibling of the minor, unless one of the following
conditions applies:
(1) Parental rights of the adult sex offender have been or are in the
process of being terminated as provided by law.
(2) The adult sex offender has been convicted of any sex offense in
which any of the minor children, grandchildren, stepchildren, siblings, or
stepsiblings of the adult sex offender was the victim.
(3) The adult sex offender has been convicted of any sex offense in
which a minor was the victim and the minor resided or lived with the
adult sex offender at the time of the offense.
(4) The adult sex offender has been convicted of any sex offense
involving a child, regardless of whether the adult sex offender was related
to or shared a residence with the child victim.
(5) The adult sex offender has been convicted of any sex offense
involving forcible compulsion in which the victim was a minor.
(e)(1) Notwithstanding any other provision of law regarding establishment
of residence, an adult sex offender shall be deemed to have
established a residence wherever he or she resides following release,
regardless of whether the adult sex offender resided at the same location
prior to the time of conviction.
(2) Notwithstanding any other provision of law regarding establishment
of residence, an adult sex offender has transferred his or her
residence for purposes of Section 15–20A–10(e)(1) whenever the adult
sex offender vacates his or her residence or fails to spend three or more
consecutive days at his or her residence without previously notifying local
law enforcement or obtaining a travel notification document pursuant to
Section 15–20A–15.
(f) An adult sex offender is exempt from subsections (a) and (b) during
the time the adult sex offender is in the facility of a licensed health care
provider or is incarcerated in a jail, prison, mental health facility, or any
other correctional placement facility wherein the adult sex offender is not
allowed unsupervised access to the public.
(g) An adult sex offender shall not be found in violation of subsection
(a) on the basis of any address, street number, place, or parcel that has
been approved in writing by local law enforcement prior to establishing a
residence. Local law enforcement shall promulgate, publicize, and enforce
a policy that affords sex offenders a reasonable opportunity to obtain
preapproval of a proposed residence.
(h) For the purposes of this section, the 2,000–foot measurement shall be
taken in a straight line from nearest property line to nearest property line.
(i) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 11; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) An adult sex offender who no longer has a fixed residence shall be
considered homeless and shall appear in person and report such change in fixed residence to local law enforcement where he or she is located
immediately upon such change in fixed residence.
(b) In addition to complying with the registration and verification requirements pursuant to Section 15–20A–10, a homeless adult sex offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the sex offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the adult sex offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.
(c) A homeless adult sex offender who lacks a fixed address shall comply
with the residence restrictions set forth in Section 15–20A–11.
(d)(1) Each time a homeless adult sex offender reports under this
section, he or she shall provide all of the following information:
a. Name.
b. Date of birth.
c. Social Security number.
d. A detailed description of the location or locations where he or
she has resided during the week.
e. A list of the locations where he or she plans to reside in the
upcoming week with as much specificity as possible.
(2) The registering agency is not required to obtain the remaining
required registration information from the homeless adult sex offender
each time he or she reports to the registering agency unless the homeless
adult sex offender has any changes to the remaining required registration
information.
(e) If an adult sex offender who was homeless obtains a fixed residence
in compliance with the provisions of Section 15–20A–11, the adult sex
offender shall immediately appear in person to update the information with local law enforcement in each county of residence.
(f) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 12; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) No adult sex offender shall accept or maintain employment or a

volunteer position at any school, childcare facility, mobile vending business

that provides services primarily to children, or any other business or

organization that provides services primarily to children, or any amusement

or water park.

(b) No adult sex offender shall accept or maintain employment or a volunteer position within 2,000 feet of the property on which a school or childcare facility is located unless otherwise exempted pursuant to Sections

15–20A–24 and 15–20A–25.

(c) No adult sex offender, after having been convicted of a sex offense involving a child, shall accept or maintain employment or a volunteer position within 500 feet of a playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.

(d) Changes to property within 2,000 feet of an adult sex offender’s place of employment which occur after an adult sex offender accepts employment shall not form the basis for finding that an adult sex offender is in violation of this section.

(e) It shall be unlawful for the owner or operator of any childcare facility

or any other organization that provides services primarily to children to knowingly provide employment or a volunteer position to an adult sex offender.

(f) For purposes of this section, the 2,000–foot measurement shall be taken in a straight line from nearest property line to nearest property line.

(g) Any person who knowingly violates this section shall be guilty of a

Class C felony.

(Act 2011–640, p. 1569, § 13; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) Any adult sex offender who declares he or she is entering the state to
establish a residence or who enters this state to establish a residence shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender intends to establish or establishes a residence.
(b) Any adult sex offender who enters this state to accept employment or
a volunteer position or to become a student shall immediately appear in
person and register all required registration information with local law
enforcement in the county where the adult sex offender accepts employment or the volunteer position or becomes a student.
(c) Whenever an adult sex offender registers pursuant to this section, he
or she shall be subject to the requirements of this chapter.
(d) Within 30 days of initial registration, the adult sex offender shall
provide each registering agency with a certified copy of his or her sex
offense conviction; however, an adult sex offender shall be exempt from
this subsection if the adult sex offender provides adequate documentation
that the certified record is no longer available or has been destroyed.
(e) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 14; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) Immediately before an adult sex offender temporarily leaves his or
her county of residence for a period of three or more consecutive days, the adult sex offender shall report in person to the sheriff in each county of residence and complete and sign a travel notification document.
(b) The travel notification document shall be a form prescribed by the
Alabama State Law Enforcement Agency to collect dates of travel, the
intended destination or destinations, temporary lodging information, and
any other information reasonably necessary to monitor a sex offender who
plans to travel.
(c) If a sex offender intends to travel to another country, he or she shall
report in person to the sheriff in each county of residence and complete a
travel notification document at least 21 days prior to such travel. If the
travel to another country is for a family or personal medical emergency or a death in the family, then the sex offender shall report in person to the
sheriff in each county of residence immediately prior to travel. Any
information reported to the sheriff in each county of residence shall
immediately be reported to the United States Marshals Service and the
Alabama State Law Enforcement Agency.
(d) The travel notification document shall explain the duties of the adult
sex offender regarding travel as prescribed by the Alabama State Law Enforcement Agency and a certification that the adult sex offender understands the duties required of him or her and that the information he or she provided on the travel notification document is true and correct. No sex offender shall provide false information on the travel notification document.
(e) The sheriff in each county of residence shall immediately notify local
law enforcement in the county or the jurisdiction to which the adult sex
offender will be traveling.
(f) Upon return to the county of residence, the adult sex offender shall
immediately report to the sheriff in each county of residence.
(g) All completed travel notification documents shall be included with
the adult sex offender’s required registration information.
(h) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 15; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) No adult sex offender shall contact, directly or indirectly, in person
or through others, by phone, mail, or electronic means, any former victim.
(b) No adult sex offender shall knowingly come within 100 feet of a
former victim.
(c) No sex offender shall make any harassing communication, directly or
indirectly, in person or through others, by phone, mail, or electronic means
to the victim or any immediate family member of the victim.
(d) A petition to exclude an adult sex offender from the requirements of
subsections (a) and (b) of this section and Section 15–20A–11(b) may be
filed in accordance with the requirements of Section 15–20A–24(c). The
court shall conduct a hearing and shall exclude an adult sex offender from
the provisions of this section provided that:
(1) The victim appears in court at the time of the hearing and requests
the exemption in writing in open court.
(2) The court finds by clear and convincing evidence that the victim’s
court appearance and written request pursuant to subdivision (1) were
made voluntarily.
(3) The victim is over the age of 19 at the time of the request.
(4) The district attorney or prosecuting attorney shall be notified of
the hearing and shall have the right to be present and heard.
(e) Notwithstanding any state or local law or rule assigning costs and
fees for filing and processing civil and criminal cases a petition filed shall be assessed a filing fee in the amount of two hundred dollars ($200) to be
distributed as provided in Section 15–20A–46.
(f) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 16; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a)(1) No adult sex offender, after having been convicted of a sex offense
involving a minor, shall loiter on or within 500 feet of the property line of
any property on which there is a school, childcare facility, playground,
park, athletic field or facility, school bus stop, college or university, or any
other business or facility having a principal purpose of caring for,
educating, or entertaining minors.
(2) Under this subsection, loiter means to enter or remain on property
while having no legitimate purpose or, if a legitimate purpose exists,
remaining on that property beyond the time necessary to fulfill that
purpose. An adult sex offender does not violate this subsection unless
he or she has first been asked to leave a prohibited location by a person
authorized to exclude the adult sex offender from the premises. An
authorized person includes, but is not limited to, any law enforcement
officer, security officer, any owner or manager of the premises, a
principal, teacher, or school bus driver if the premises is a school,
childcare facility, or bus stop, a coach, if the premises is an athletic field
or facility, or any person designated with that authority.
(3) For purposes of this subsection, a school bus stop is any location
where a motor vehicle owned or operated by or on behalf of a public or
private school stops on a regular basis for the purpose of transporting
children to and from school.
(b)(1) No adult sex offender, after having been convicted of a sex offense
involving a minor, shall enter onto the property of a K–12 school while
school is in session or attend any K–12 school activity unless the adult sex
offender does all of the following:
a. Notifies the principal of the school, or his or her designee,
before entering onto the property or attending the K–12 school
activity.
b. Immediately reports to the principal of the school, or his or her
designee, upon entering the property or arriving at the K–12 school
activity.
c. Complies with any procedures established by the school to
monitor the whereabouts of the sex offender for the duration of his or
her presence on the school property or attendance at the K–12 school
activity. For a public K–12 school, the local school board shall adopt a
policy to effectuate this section.
(2) Procedures established to effectuate this subsection are limited to
rules that allow the principal of the school, or his or her designee, to
discreetly monitor the adult sex offender.
(3) For the purposes of this subsection, a K–12 school activity is an
activity sponsored by a school in which students in grades K–12 are the
primary intended participants or for whom students in grades K–12 are
the primary intended audience including, but not limited to, school
instructional time, after school care, after school tutoring, athletic events,
field trips, school plays, or assemblies.
(c) Any person who knowingly violates subsection (a) or subsection (b)
shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 17; Act 2014–421, p. 1537, § 1; Act 2015–463, p. 1506, § 1.)

(a) Every adult sex offender who is a resident of this state shall obtain
from the Alabama State Law Enforcement Agency, and always have in his
or her possession, a valid driver license or identification card issued by the
Alabama State Law Enforcement Agency. If any adult sex offender is
ineligible to be issued a driver license or official identification card, the
Alabama State Law Enforcement Agency shall provide the adult sex
offender some other form of identification card or documentation that, if it
is kept in the possession of the adult sex offender, shall satisfy the
requirements of this section. If any adult sex offender is determined to be
indigent, an identification card, or other form of identification or documentation that satisfies the requirements of this section, shall be issued to the adult sex offender at no cost. Indigence shall be determined by order of the court prior to each issuance of a driver license or identification card.
(b) The adult sex offender shall obtain from the Alabama State Law
Enforcement Agency a valid driver license or identification card bearing a
designation that enables law enforcement officers to identify the licensee as a sex offender within 14 days of his or her initial registration following
release, initial registration upon entering the state to become a resident, or immediately following his or her next registration after July 1, 2011.
(c) Whenever the Alabama State Law Enforcement Agency issues or
renews a driver license or identification card to an adult sex offender, the
driver license or identification card shall bear a designation that, at a
minimum, enables law enforcement officers to identify the licensee as a sex offender.
(d) Upon obtaining or renewing a driver license or identification card
bearing a designation that enables law enforcement officers to identify the
licensee as a sex offender, the adult sex offender shall relinquish to the
Alabama State Law Enforcement Agency any other driver license or
identification card previously issued to him or her by a state motor vehicle
agency which does not bear any designation enabling law enforcement
officers to identify the licensee as a sex offender. Nothing in this section
shall require an adult sex offender to relinquish, or preclude an adult sex
offender from possessing, any form of identification issued to him or her by an entity other than a state motor vehicle agency, including, but not limited to, the United States, a federal department or agency, a municipal or county government entity, an educational institution, or a private employer.
(e) No adult sex offender shall mutilate, mar, change, reproduce, alter,
deface, disfigure, or otherwise change the form of any driver license or
identification card which is issued to the adult sex offender by the Alabama State Law Enforcement Agency and which bears any designation enabling law enforcement officers to identify the licensee as a sex offender. An adult sex offender having in his or her possession a driver license or identification card issued to him or her by the Alabama State Law Enforcement Agency bearing any designation enabling law enforcement officers to identify the licensee as a sex offender which has been mutilated, marred, changed, reproduced, altered, defaced, disfigured, or otherwise changed shall be prima facie evidence that he or she has violated this section.
(f) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 18; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) The state, upon conviction and prior to sentencing, may petition the
sentencing court to enter an order declaring a person convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent
predator. For the purposes of this section, a person is a sexually violent
predator if either of the following applies:
(1) The person is a repeat sexually violent offender.
(2) The person commits a sexually violent offense and is likely to
engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this
section if the person is convicted of more than one sexually violent offense.
(d) For the purposes of this section, a sexually violent offense is any of
the following:
(1) A sex offense committed by forcible compulsion, violence, duress,
menace, fear of immediate bodily injury to the victim or another person,
or threatening to retaliate in the future against the victim or any other
person.
(2) A sex offense involving a child.
(3) Any sex offense involving the enticement or solicitation of a minor
for sexual purposes.
(4) Any sex offense that is predatory in nature.
(5) Any solicitation, attempt, or conspiracy to commit any of the
offenses listed in subdivisions (1) to (4), inclusive.
(6) Any other offense for which the court makes a specific finding on
the record that, based on the circumstances of the case, the person’s
offense should be considered a sexually violent offense.
(e) Any of the following factors may be considered as evidence tending
to indicate that there is a likelihood that the person will engage in the
future in one or more sexually violent offenses:
(1) The person has been convicted two or more times, in separate
criminal actions, of a sexually violent offense. For purposes of this
subdivision, convictions that result from or are connected with the same
act or result from offenses committed at the same time are one conviction.
(2) The person has been convicted of a sexually violent offense
involving two or more victims regardless of when the acts or convictions
occurred.
(3) Available information or evidence suggests that the person chronically
commits offenses with a sexual motivation.
(4) The person has committed one or more offenses in which the
person has tortured or engaged in ritualistic acts with one or more
victims.
(5) The person has committed one or more sex offenses in which one
or more victims were physically harmed to the degree that the particular
victim’s life was in jeopardy.
(6) Any other evidence deemed relevant by the court.
(f) If the state so petitions, it shall present clear and convincing evidence
that the sex offender is likely to engage in one or more future sexually
violent offenses or is likely to engage in future predatory sex offenses.
(g) Any sex offender determined in any other state to be a sexually
violent predator shall be considered a sexually violent predator in this state.
(h) A sexually violent predator, as a condition of the sex offender’s
release from incarceration, shall be subject to electronic monitoring and be required to pay the costs of such monitoring, as set forth in Section
15–20A–20, for a period of no less than 10 years from the date of the
sexually violent predator’s release. This requirement shall be imposed by
the sentencing court as a part of the sexually violent predator’s sentence, as provided in subsection (c) of Section 13A–5–6, and Section 15–20A–20.
(Act 2011–640, p. 1569, § 19.)

(a) The Alabama State Law Enforcement Agency shall implement a
system of active and passive electronic monitoring that identifies the
location of a monitored person and that can produce upon request reports
or records of the person’s presence near or within a crime scene or
prohibited area, the person’s departure from specified geographic limitations, or curfew violations by the offender. The Director of the Alabama State Law Enforcement Agency may promulgate any rules as are necessary to implement and administer this system of active electronic monitoring including establishing policies and procedures to notify the person’s probation and parole officer or other court-appointed supervising authority when a violation of his or her electronic monitoring restrictions has occurred.
(b) The Board of Pardons and Paroles or a court may require, as a
condition of release on parole, probation, community corrections, court
referral officer supervision, pretrial release, or any other community-based
punishment option, that any person charged or convicted of a sex offense
be subject to electronic monitoring as provided in subsection (a).
(c) Any person designated a sexually violent predator pursuant to Section
15–20A–19, upon release from incarceration, shall be subject to
electronic monitoring supervised by the Board of Pardons and Paroles, as
provided in subsection (a), for a period of no less than 10 years from the
date of the sexually violent predator’s release. This requirement shall be
imposed by the sentencing court as a part of the sentence of the sexually
violent predator in accordance with subsection (c) of Section 13A–5–6.
(d) Any person convicted of a Class A felony sex offense involving a
child as defined in Section 15–20A–4, upon release from incarceration, shall be subject to electronic monitoring supervised by the Board of Pardons and Paroles, as provided in subsection (a), for a period of no less than 10 years from the date of the sex offender’s release. This requirement shall be imposed by the sentencing court as a part of the sex offender’s sentence in accordance with subsection (c) of Section 13A–5–6.
(e) Anyone subject to electronic monitoring pursuant to this section,
unless he or she is indigent, shall be required to reimburse the supervising
entity a reasonable fee to defray supervision costs. The Board of Pardons
and Paroles, the sentencing court, or other supervising entity shall determine the amount to be paid based on the financial means and ability to pay of the person, but such amount shall not exceed fifteen dollars ($15) per day.
(f) The supervising entity shall pay the Alabama State Law Enforcement
Agency a fee, to be determined by the center, but not exceeding ten dollars ($10) per day, to defray monitoring equipment and telecommunications costs.
(g) It shall constitute a Class C felony for any person to knowingly alter,
disable, deactivate, tamper with, remove, damage, or destroy any device
used to facilitate electronic monitoring under this section.
(h) The procurement of any product or services necessary for compliance
with Act 2005–301, including any system of electronic monitoring, any
equipment, and the building of a website, shall be subject to the competitive bid process.
(Act 2011–640, p. 1569, § 20; Act 2015–463, p. 1506, § 1.)

(a) Immediately upon the release of an adult sex offender or immediately
upon notice of where the adult sex offender plans to establish, or has
established a fixed residence, the following procedures shall apply:
(1) In the Cities of Birmingham, Mobile, Huntsville, and Montgomery,
the chief of police shall notify all persons who have a legal residence
within 1,000 feet of the declared fixed residence of the adult sex offender
and all schools and childcare facilities within three miles of the declared
fixed residence of the adult sex offender that the adult sex offender will
be establishing or has established as his or her fixed residence.
(2) In all other cities in Alabama with a resident population of 5,000
or more, the chief of police, or if none, then the sheriff of the county,
shall notify all persons who have a legal residence within 1,500 feet of the
declared fixed residence of the adult sex offender and all schools and
childcare facilities within three miles of the declared fixed residence of
the adult sex offender that the adult sex offender will be establishing or
has established his or her fixed residence.
(3) In all other municipalities with a resident population of less than
5,000, and in all unincorporated areas, the sheriff of the county in which
the adult sex offender intends to reside shall notify all persons who have
a legal residence within 2,000 feet of the declared fixed residence of the
adult sex offender and all schools and childcare facilities within three
miles of the declared fixed residence of the adult sex offender that the
adult sex offender will be establishing or has established as his or her
fixed residence.
(b) A community notification flyer shall be made by regular mail or hand
delivered to all legal residences required by this section and include
registration information pursuant to Section 15–20A–8. In addition, any
other method reasonably expected to provide notification may be utilized,
including, but not limited to, posting a copy of the notice in a prominent
place at the office of the sheriff and at the police station closest to the
declared fixed residence of the released adult sex offender, publicizing the notice in a local newspaper, posting electronically, including the Internet, or other means available.
(c) Nothing in this chapter shall be construed as prohibiting the Secretary
of the Alabama State Law Enforcement Agency, a sheriff, or a chief of
police from providing community notification under the provisions of this
chapter by regular mail, electronically, or by publication or periodically to
persons whose legal residence is within the guidelines of this chapter or more than the applicable distance from the residence of an adult sex
offender.
(d) When a homeless adult sex offender who lacks a fixed residence
registers pursuant to Section 15–20A–12, notification shall be provided by
posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available.
(Act 2011–640, p. 1569, § 21; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) An adult sex offender shall pay a registration fee in the amount of
ten dollars ($10) to each registering agency where the adult sex offender
resides beginning with the first quarterly registration on or after July 1,
2011, and at each quarterly registration thereafter.
(b) Each time an adult sex offender terminates his or her residence and
establishes a new residence, he or she shall pay a registration fee in the
amount of ten dollars ($10) to each registering agency where the adult sex
offender establishes a new residence.
(c) If, at the time of registration, the adult sex offender is unable to pay
the registration fee, the registering agency may require the adult sex
offender to pay the fee in installments not to exceed 90 days. The
registering agency shall waive the registration fee if the adult sex offender
has an order from the court declaring his or her indigence. In the event
the adult sex offender is determined to be indigent, a periodic review of the adult sex offender’s indigent status shall be conducted by the court to
determine if the offender is no longer indigent. Further, if the offender is
determined to be indigent by the sentencing court, nothing in this chapter
shall prohibit the offender from being placed on a payment plan where the
entire fee is collected in total.
(d)(1) The fees collected under this section shall be appropriated to the
registering agency to defray the costs associated with sex offender
registration, verification, and notification.
(2) Any and all registration fees collected by the sheriff, or his or her
designee, shall be deposited in the county general fund earmarked for
use of the sheriff and shall be paid to the sheriff upon his or her request
to be used at the discretion of the sheriff for any law enforcement
purpose related to sex offender registration, notification, tracking, or
apprehension.
(3) The monies provided in this section and the use of the funds shall
in no way diminish or take the place of any other reimbursement or other
source of income established for the sheriff or the operation of his or her
office.
(4) Any and all registration fees collected by a chief of police, or his or
her designee, shall be deposited into the municipal general fund and
made available to the affected law enforcement agency or department
upon requisition of the chief law enforcement official of such agency or
department and shall be used for any lawful purpose related to sex
offender registration, notification, tracking or apprehension.
(5) The monies provided in this section and the use of the funds shall
in no way diminish or take the place of any other reimbursement or other
source of income established for the chief of police or the operation of
his or her office.
(e) Any person who willfully fails to pay the required registration fee at
the time of registration, or at the time at which the installment payment is
due, shall be guilty of a Class B misdemeanor. Upon a second or
subsequent conviction for willful failure to pay the required registration fee, the adult sex offender shall be guilty of a Class A misdemeanor.
(Act 2011–640, p. 1569, § 22; Act 2015–463, p. 1506, § 1.)

(a) A sex offender required to register under this chapter may petition
the court for relief from the residency restriction pursuant to subsection (a)of Section 15–20A–11 during the time a sex offender is terminally ill or
permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in
a residential health care facility.
(b) A petition for relief pursuant to this section shall be filed in the civil
division of the circuit court of the county in which the sex offender seeks
relief from the residency restriction.
(c) The sex offender shall serve a copy of the petition by certified mail
on all of the following:
(1) The prosecuting attorney in the county of adjudication or conviction,
if the sex offender was adjudicated or convicted in this state.
(2) The prosecuting attorney of the county where the sex offender
seeks relief from the residency restriction.
(3) Local law enforcement where the sex offender was adjudicated or
convicted if the sex offender was adjudicated or convicted in this state.
(4) Local law enforcement where the adult sex offender seeks relief
from the residency restriction.
(d) The petition and documentation to support the request for relief
shall include all of the following:
(1) A certified copy of the adjudication or conviction requiring registration,
including a detailed description of the sex offense.
(2) A list of each county, municipality, and jurisdiction where the sex
offender is required to register or has ever been required to register.
(3) The sex offender’s criminal record and an affidavit stating that the
sex offender has no pending criminal charges.
(4) Notarized documentation of the sex offender’s condition by his or
her medical provider.
(5) A release allowing the prosecuting attorney or the court to obtain
any other medical records or documentation relevant to the petition.
(6) Any other information requested by the court relevant to the
petition.
(e) Upon notification of the petition, the prosecuting attorney shall make
reasonable efforts to notify the victim of the crime for which the sex
offender is required to register of the petition and the dates and times of
any hearings or other proceedings in connection with the petition.
(f) The court shall hold a hearing within 30 days of the filing of the
petition. Upon request of the prosecuting attorney, and for good cause
shown, the hearing may be continued to allow the prosecuting attorney to
obtain any relevant records pertinent to the hearing. At the hearing the
prosecuting attorney and the victim shall have the opportunity to be heard.
(g) The court shall issue an order releasing the sex offender from the
residency restrictions pursuant to subsection (a) of Section 15–20A–11 if
the court finds by clear and convincing evidence that the sex offender (1) is terminally ill, permanently immobile, has a debilitating medical condition
requiring substantial care or supervision, or requires placement in a residential health care facility and (2) does not pose a substantial risk of
perpetrating any future sexual offense. The court may relieve a sex
offender from any residency restrictions indefinitely or for a specific period of time.
(h) The court shall send a copy of any order releasing a sex offender
from residency restrictions pursuant to subsection (a) of Section 15–20A–11 to the prosecuting attorney and the Alabama State Law Enforcement
Agency.
(i) If the court finds that the sex offender still poses a risk, has provided
false or misleading information in support of the petition, or failed to serve
the petition and supporting documentation upon the parties as provided for in subsection (c), then the petition shall be denied.
(j) If the petition for release is denied, the sex offender may not file a
subsequent petition for at least 12 months from the date of the final order
on the previous petition unless good cause is shown and the sex offender’s mental or physical condition has severely changed.
(k) If at any time the sex offender is no longer terminally ill, permanently
immobile, or no longer suffers from a debilitating medical condition
requiring substantial care or supervision or no longer requires placement in a residential health care facility, the sex offender shall immediately register in person with local law enforcement in each county of residence, update all required registration information, and comply with the residency restriction pursuant to subsection (a) of Section 15–20A–11.
(l) No sex offender petitioning the court under this section for an order
terminating the sex offender’s obligation to comply with the residency
restrictions is entitled to publicly funded experts or publicly funded witnesses.
(m) Upon request of the state, the court may reinstate the restrictions
pursuant to subsection (a) of Section 15–20A–11 for good cause shown,
including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (g) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.
(n) Notwithstanding any state or local rule assigning costs and fees for
filing and processing civil and criminal cases, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15–20A–46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(o) If a sex offender seeks relief from the court pursuant to this section,
the enforcement of this chapter shall not be stayed pending a ruling of the
court.
(p) A person who knowingly provides false or misleading information
pursuant to this section shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 23; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) At disposition, sentencing, upon completion of probation, or upon
completion of a term of registration ordered by the sentencing court, a sex
offender may petition the court for relief from the requirements of this
chapter resulting from any of the following offenses, provided that he or
she meets the requirements set forth in subsection (b):
(1) Rape in the second degree, as provided by subdivision (1) of
subsection (a) of Section 13A–6–62.
(2) Sodomy in the second degree, as provided by subdivision (1) of
subsection (a) of Section 13A–6–64.
(3) Sexual abuse in the second degree, as provided by subdivision (2)
of subsection (a) of Section 13A–6–67.
(4) Sexual misconduct, as provided by Section 13A–6–65.
(5) Any crime committed in this state or any other jurisdiction which,
if had been committed in this state under the current provisions of law,
would constitute an offense listed in subdivisions (1) to (4), inclusive.
(6) Any solicitation, attempt, or conspiracy to commit any of the
offenses listed in subdivisions (1) to (5), inclusive.
(b) The sex offender shall prove by clear and convincing evidence all of
the following to obtain relief under this section:
(1) The sex offense did not involve force and was only a crime due to
the age of the victim.
(2) At the time of the commission of the sex offense, the victim was 13
years of age or older.
(3) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim.
(c) If the petition for relief is filed after sentencing or disposition, the
petition for relief shall be filed as follows:
(1) If the adult or youthful offender sex offender was adjudicated or
convicted in this state, the petition for relief shall be filed in the civil
division of the circuit court where the adult or youthful offender sex
offender was adjudicated or convicted.
(2) If the adult or youthful offender sex offender was adjudicated or
convicted in a jurisdiction outside of this state, the petition for relief shall
be filed in the civil division of the circuit court in the county in which the
adult or youthful offender sex offender resides.
(3) If the juvenile sex offender was adjudicated in this state, the
petition for relief shall be filed in the juvenile court.
(4) If the juvenile sex offender was adjudicated in a jurisdiction
outside of this state, the petition for relief shall be filed in the juvenile
court in the county in which the juvenile sex offender resides.
(d)(1) The sex offender shall serve a copy of the petition by certified
mail on all of the following:
a. The prosecuting attorney in the county of adjudication or conviction,
if the sex offender was adjudicated or convicted in this state.
b. The prosecuting attorney of the county where the sex offender
resides.
c. Local law enforcement where the sex offender was adjudicated
or convicted, if the sex offender was adjudicated or convicted in this
state.
d. Local law enforcement where the adult sex offender resides.
(2) Failure of the sex offender to serve a copy of the petition as
required by this subsection shall result in an automatic denial of the
petition.
(e) The petition and documentation to support the request for relief
shall include all of the following:
(1) The offense that the sex offender was initially charged with and the
offense that the sex offender was adjudicated or convicted of, if different.
(2) A certified copy of the adjudication or conviction requiring registration
including a detailed description of the sex offense, if the petition
is filed upon completion of probation or a term of registration.
(3) Proof of the age of the victim and the age of the sex offender at
the time of the commission of the sex offense.
(4) A list of each registering agency in each county and jurisdiction in
which the sex offender is required to or has ever been required to
register, if the petition is filed upon completion of probation or a term of
registration.
(5) The sex offender’s criminal record and an affidavit stating that the
sex offender has no pending criminal charges.
(6) Any other information requested by the court relevant to the
request for relief.
(f) Upon notification of the petition, the prosecuting attorney shall make
reasonable efforts to notify the victim of the crime for which the sex
offender is required to register of the petition and the dates and times of
any hearings or other proceedings in connection with the petition.
(g) The court shall hold a hearing prior to ruling on the petition. At the
hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(h) The court shall issue an order releasing the sex offender from some
or all requirements of this chapter pursuant to subsection (i) if the court
finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. In determining whether to grant relief, the court may consider any of the following:
(1) Recommendations from the sex offender’s probation officer, including,
but not limited to, the recommendations in the presentence
investigation report and the sex offender’s compliance with supervision
requirements.
(2) Recommendations from the prosecuting attorney.
(3) Any written or oral testimony submitted by the victim or the
parent, guardian, or custodian of the victim.
(4) The facts and circumstances surrounding the offense.
(5) The relationship of the parties.
(6) The criminal history of the sex offender.
(7) The protection of society.
(8) Any other information deemed relevant by the court.
(i) The court may grant full or partial relief from this chapter. If the
court grants relief, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney and the Alabama State Law Enforcement Agency.
(j) If the court denies the petition, the sex offender may not petition the
court again until 12 months after the date of the order denying the petition.
(k) A sex offender is not eligible for relief under this section if he or she
was adjudicated or convicted of a sex offense previous to or subsequent to
the offense of which he or she is petitioning the court for relief or has any
pending criminal charges for any sex offense.
(l) In addition to sex offenders adjudicated or convicted of a sex offense
on or after July 1, 2011, a sex offender adjudicated or convicted of any of
the offenses specified in subsection (a) prior to July 1, 2011, who meets the eligibility requirements specified in subsection (b), except as otherwise provided for in subsection (k), may petition the court for relief pursuant to this section.
(m) Notwithstanding any state or local law or rule assigning costs and
fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing or disposition, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15–20A–46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(n) If a sex offender seeks relief from the court pursuant to this section,
the enforcement of this chapter shall not be stayed pending a ruling of the
court.
(o) Any person who knowingly provides false or misleading information
pursuant to this section shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 24; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) A sex offender may petition at sentencing, or if after sentencing, a
sex offender may file a petition in the civil division of the circuit court in
the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15–20A–13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section:
(1) Rape in the first degree, as provided by Section 13A–6–61.
(2) Sodomy in the first degree, as provided by Section 13A–6–63.
(3) Sexual abuse in the first degree, as provided by Section 13A–6–66.
(4) Sex abuse of a child less than 12 years old, as provided by Section
13A–6–69.1.
(5) Sexual torture, as provided by Section 13A–6–65.1.
(6) Any sex offense involving a child.
(7) Any solicitation, attempt, or conspiracy to commit any of the
offenses listed in subdivisions (1) to (6), inclusive.
(8) Any offense committed in any other jurisdiction which, if it had
been committed in this state under the current provisions of law, would
constitute an offense listed in subdivisions (1) to (7), inclusive.
(b)(1) The sex offender shall serve a copy of the petition by certified
mail on all of the following:
a. The prosecuting attorney in the county of adjudication or conviction,
if the sex offender was adjudicated or convicted in this state.
b. The prosecuting attorney of the county in which the sex offender
seeks to accept or maintain employment.
c. Local law enforcement where the sex offender was adjudicated
or convicted, if the sex offender was adjudicated or convicted in this
state.
d. Local law enforcement where the sex offender seeks to accept or
maintain employment.
(2) Failure of the sex offender to serve a copy of the petition as
required by this subsection shall result in an automatic denial of the
petition.
(c) The petition and documentation to support the petition shall include
all of the following:
(1) A certified copy of the adjudication or conviction requiring registration,
including a detailed description of the sex offense, if the petition
is filed after sentencing.
(2) A list of each registering agency in each county and jurisdiction in
which the sex offender is required to register or has ever been required
to register, if the petition is filed after conviction.
(3) The sex offender’s criminal record and an affidavit stating that the
sex offender has no pending criminal charges.
(4) The location where the sex offender is employed or intends to
obtain employment.
(5) Justification as to why the court should grant relief.
(6) Any other information requested by the court relevant to the
petition.
(d) Upon notification of the petition, the prosecuting attorney shall
make reasonable efforts to notify the victim of the crime for which the sex
offender is required to register of the petition and the dates and times of
any hearings or other proceedings in connection with the petition.
(e) The court shall hold a hearing prior to ruling on the petition. At the
hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(f) The court shall issue an order releasing the sex offender from the
requirements of the employment restrictions pursuant to subsection (b) of
Section 15–20A–13 if the court finds by clear and convincing evidence that
the sex offender does not pose a substantial risk of perpetrating any future sex offense. The court may consider any of the following factors in
determining whether to grant relief:
(1) The nature of the offense.
(2) Past criminal history of the sex offender.
(3) The location where the sex offender is employed or intends to
obtain employment.
(4) Any other information deemed relevant by the court.
(g) If the court grants the petition, the court shall enter an order
detailing the relief granted and provide a copy of the order to the
prosecuting attorney where the petition was filed and to the Alabama State Law Enforcement Agency.
(h) A sex offender is not eligible for relief under this section if he or she
was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.
(i) Upon request of the state, the court may reinstate the restrictions
pursuant to subsection (b) of Section 15–20A–13 for good cause shown,
including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (f) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.
(j) Notwithstanding any state or local law or rule assigning costs and fees
for filing and processing civil and criminal cases, except when this relief is
sought at the time of sentencing, a sex offender’s petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15–20A–46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(k) If a sex offender seeks relief from the court pursuant to this section,
the enforcement of this chapter shall not be stayed pending a ruling of the
court.
(l) A person who knowingly provides false or misleading information
pursuant to this section shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 25; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) Upon adjudication of delinquency for a sex offense, a juvenile sex
offender shall be required to receive sex offender treatment by a sex
offender treatment program or provider approved by the Department of
Youth Services.
(b) Upon completion of sex offender treatment, the juvenile sex offender
shall be required to undergo a sex offender risk assessment. The treatment provider shall provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and the juvenile probation office not less than 60 days prior to the projected release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public or immediately upon completion of the risk assessment if the juvenile sex offender is not in a facility where the juvenile sex offender does not have unsupervised access to the public.
(c) Upon receiving the risk assessment, the juvenile probation office shall
provide a copy of the risk assessment to the state and either the attorney
for the juvenile sex offender or the parent, guardian, or custodian of the
juvenile sex offender. In addition, the juvenile probation office shall
immediately notify the attorney for the juvenile sex offender and either the
parent, guardian, or custodian of the pending release of the juvenile sex
offender from a facility where the juvenile sex offender does not have
unsupervised access to the public.
(d) Within 60 days of receiving the risk assessment, the court shall
conduct a hearing to determine the risk of the juvenile sex offender to the
community and the level of notification that shall apply.
(e) No juvenile sex offender shall be removed from the supervision of
the juvenile court until such time as the juvenile sex offender has completed treatment, the treatment provider has filed a risk assessment with the sentencing court, and the sentencing court has conducted a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.
(Act 2011–640, p. 1569, § 26; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) In determining whether to apply notification requirements to a
juvenile sex offender, the sentencing court shall consider any of the
following factors relevant to the risk of re-offense:
(1) Conditions of release that minimize the risk of re-offense, including,
but not limited to, whether the juvenile sex offender is under
supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides
guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including,
but not limited to, advanced age or debilitating illness.
(3) Criminal history factors indicative of high risk of re-offense, including
whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior.
(4) Whether psychological or psychiatric profiles indicate a risk of
recidivism.
(5) The relationship between the juvenile sex offender and the victim.
(6) The particular facts and circumstances surrounding the offense.
(7) The level of planning and participation in the offense.
(8) Whether the offense involved the use of a weapon, violence, or
infliction of serious bodily injury.
(9) The number, date, and nature of prior offenses.
(10) The response to treatment of the juvenile sex offender.
(11) Recent behavior, including behavior while confined or while
under supervision in the community.
(12) Recent threats against persons or expressions of intent to commit
additional crimes.
(13) The protection of society.
(14) Any other factors deemed relevant by the court.
(b) If the sentencing court determines that the juvenile sex offender shall
be subject to notification, the level of notification shall be applied as
follows:
(1) If the risk of re-offense is low, notification that the juvenile sex
offender will be establishing or has established a fixed residence shall be
provided by local law enforcement to the principal of the public or
nonpublic school where the juvenile sex offender will attend after release
and, if a public school, to the local superintendent of education with
jurisdiction over that school. This notification shall include the name,
actual living address, date of birth of the juvenile sex offender, and a
statement of the sex offense for which he or she has been adjudicated
delinquent, including the age and gender of the victim. This information
shall be considered confidential by the school and the local superintendent
of education and be shared only with the teachers and staff with
supervision over the juvenile sex offender. Whoever, except as specifically
provided herein, directly or indirectly discloses or makes use of or
knowingly permits the use of information concerning a juvenile sex
offender described in this section, upon conviction thereof, shall be guilty
of a Class C felony within the jurisdiction of the juvenile court.
(2) If the risk of re-offense is moderate, notification that the juvenile
sex offender will be establishing, or has established, a fixed residence
shall be provided by local law enforcement to all schools and childcare
facilities within three miles of the declared fixed residence of the juvenile
sex offender. A community notification flyer shall be mailed by regular
mail or hand delivered to all schools or childcare facilities as required by
this subsection. No other method may be used to disseminate this
information.
(3) If the risk of re-offense is high, the public shall receive notification
as though the juvenile sex offender were an adult sex offender in
accordance with Section 15–20A–21.
(c) The sentencing court shall enter an order stating whether the juvenile
sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the
prosecuting attorney and to the Alabama State Law Enforcement Agency.
(d) The determination of notification by the sentencing court shall not
be subject to appeal.
(Act 2011–640, p. 1569, § 27; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5; Act 2018–528, § 2.)

(a) A juvenile adjudicated delinquent of any of the following sex offenses,
who was 14 or older at the time of the offense, shall be subject to
registration and notification, if applicable, for life:
(1) Rape in the first degree, as provided by Section 13A–6–61.
(2) Sodomy in the first degree, as provided by Section 13A–6–63.
(3) Sexual abuse in the first degree, as provided by Section 13A–6–66.
(4) Sexual torture, as provided by Section 13A–6–65.1.
(5) Any offense committed in any other jurisdiction which, if had been
committed in this state under the current provisions of law, would
constitute an offense listed in subdivisions (1) to (4), inclusive.
(6) Any offense, committed in this state or any other jurisdiction,
comparable to or more severe than aggravated sexual abuse as described
in 18 U.S.C. § 2241(a) or (b).
(7) Any attempt or conspiracy to commit any of the offenses listed in
subdivisions (1) to (6), inclusive.
(b) A juvenile sex offender subject to lifetime registration may petition
the sentencing juvenile court for relief from registration and notification, if
notification was ordered, 25 years after the juvenile sex offender is released from the offense subjecting the juvenile sex offender to registration in accordance with this chapter, pursuant to Section 15–20A–34.
(c) A juvenile sex offender who is not subject to lifetime registration
pursuant to subsection (a), shall be subject to this chapter for a period of 10 years from the date of first registration.
(d) The sentencing court or the juvenile court where the juvenile sex
offender resides, if the juvenile sex offender’s adjudication of delinquency
occurred in another jurisdiction, may give a juvenile sex offender credit for
the time the juvenile sex offender was registered in another jurisdiction.
(e) A juvenile sex offender who is subsequently adjudicated as a youthful
offender sex offender or convicted of another sex offense during his or her registration period shall be considered solely an adult sex offender.
(Act 2011–640, p. 1569, § 28; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) Prior to the release of a juvenile sex offender, the following shall
apply:
(1) The juvenile sex offender and the parent, custodian, or guardian of
the juvenile sex offender shall provide the required registration information
to the responsible agency.
(2) If the juvenile sex offender or the parent, guardian, or custodian of
the juvenile sex offender declares a residence outside of the state, the
responsible agency shall immediately notify the Alabama State Law
Enforcement Agency and the designated state law enforcement agency of
the state to which the juvenile sex offender or the parent, guardian, or
custodian of the juvenile sex offender has declared the residence. The
notification shall include all information available to the responsible
agency that would be necessary to identify and trace the juvenile sex
offender, including, but not limited to, the risk assessment and a current
photograph of the juvenile sex offender.
(3) If the juvenile sex offender or the parent, guardian, or custodian of
the juvenile sex offender declares a residence within this state, the
responsible agency shall immediately notify the Alabama State Law
Enforcement Agency, and local law enforcement in each county, in which
the juvenile sex offender or the parent, guardian, or custodian of the
juvenile sex offender has declared the residence. The notification shall
include all information available to the responsible agency that would be
necessary to identify and trace the juvenile sex offender, including, but
not limited to, the risk assessment and a current photograph of the
juvenile sex offender.
(b) When a juvenile sex offender becomes the age of majority, the
parent, guardian, or custodian of the juvenile sex offender shall no longer
be subject to this section and the juvenile sex offender shall instead be
solely responsible for all requirements pursuant to this section.
(c) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 29; Act 2015–463, p. 1506, § 1.)

(a) Immediately upon release or immediately upon adjudication of delinquency if the juvenile sex offender is not committed, the juvenile sex
offender and the parent, custodian, or guardian shall register all required
registration information with local law enforcement in each county in which the juvenile sex offender resides or intends to reside.
(b) Whenever a juvenile sex offender establishes a new residence, the
juvenile sex offender and the parent, custodian, or guardian of the juvenile
sex offender shall immediately appear in person to register all required
registration information with local law enforcement in each county of
residence.
(c) If the parent, custodian, or guardian of a juvenile sex offender
transfers or terminates the residence of the juvenile sex offender, or the
custody of the juvenile sex offender is changed to a different parent,
custodian, or guardian resulting in a transfer of residence, the original
parent, custodian, or guardian with custody shall immediately notify local
law enforcement in each county of residence.
(d) Whenever a juvenile sex offender changes any required registration
information including, but not limited to, his or her school attendance
status, the juvenile sex offender and the parent, custodian, or guardian of
the juvenile sex offender shall immediately appear in person to update the
required registration information with local law enforcement in each county in which the juvenile sex offender resides.
(e) A juvenile sex offender required to register for life pursuant to
Section 15–20A–28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every three months thereafter with the local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15–20A–34.
(f) A juvenile sex offender required to register for 10 years pursuant to
Section 15–20A–28 shall appear in person with his or her parent, custodian, or guardian to verify all required registration information during the birth month of the juvenile sex offender and every year thereafter with local law enforcement in each county of residence unless the juvenile sex offender has been relieved from registration requirements pursuant to Section 15–20A–24.
(g) At the time of registration, the juvenile sex offender shall be provided
a form explaining all duties and any restrictions placed on the juvenile
sex offender. The juvenile sex offender and the parent, custodian, or
guardian of the juvenile sex offender shall read and sign this form stating
that he or she understands the duties and restrictions placed on the juvenile sex offender and his or her parent, custodian, or guardian.
(h) When a juvenile sex offender becomes the age of majority, the
parent, custodian, or guardian of the juvenile sex offender shall no longer
be subject to the requirements of this section, and the juvenile sex offender shall instead be solely responsible for the requirements in this section.
(i) A person who knowingly violates this section shall be guilty of a Class
C felony.
(Act 2011–640, p. 1569, § 30; Act 2015–463, p. 1506, § 1; Act 2018–528, § 2.)

(a) During the time a juvenile sex offender is subject to the registration
requirements of this chapter, the juvenile sex offender shall not accept or
maintain employment or a volunteer position at any school, childcare
facility, or any other business or organization that provides services primarily to children.
(b) It shall be unlawful for the owner or operator of any childcare facility
or any other organization that provides services primarily to children to
knowingly provide employment or a volunteer position to a juvenile sex
offender.
(c) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 31; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) A juvenile sex offender or youthful offender sex offender, or equivalent
thereto, who is not currently a resident of this state, shall immediately
appear in person and register all required registration information upon
establishing a residence, accepting employment or a volunteer position, or
beginning school attendance in this state with local law enforcement in each county where the juvenile sex offender or youthful offender sex offender resides or intends to reside, accepts employment or a volunteer position, or begins school attendance.
(b) Within 30 days of initial registration, the juvenile sex offender or
youthful offender sex offender shall provide each registering agency with a certified copy of his or her sex offense adjudication; however, a juvenile sex offender or youthful offender sex offender shall be exempt under this
subsection if the court of adjudication seals the records and refuses to
provide a certified copy or the records have been destroyed by the court.
(c) Whenever a juvenile sex offender enters this state to establish a
residence, he or she shall be subject to the requirements of this chapter as it applies to juvenile sex offenders in this state.
(d) Whenever a youthful offender sex offender, or equivalent thereto,
enters this state to establish a residence, he or she shall be subject to the
requirements of this chapter as it applies to youthful offender sex offenders in this state.
(e) A juvenile sex offender or youthful offender sex offender entering
this state to accept employment or a volunteer position or to begin school
attendance, but not to establish a residence, must immediately appear in
person and register any subsequent changes to the required registration
information with local law enforcement in each county where he or she is
required to register.
(f) Any person who knowingly violates this section shall be guilty of a
Class C felony.
(Act 2011–640, p. 1569, § 32; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

Notwithstanding any other provision of law, the court records of juvenile
sex offenders are to be retained, either in paper format or electronically,
and not to be destroyed for a period of 75 years from the date of
adjudication.
(Act 2011–640, p. 1569, § 33.)

(a) A juvenile sex offender subject to lifetime registration pursuant to
Section 15–20A–28 may file a petition requesting the sentencing juvenile
court to enter an order relieving the juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex offender is released from the custody of the Department of Youth Services or sentenced, if the juvenile sex offender was placed on probation, for the sex offense requiring registration pursuant to this chapter.
(b) The petition shall be filed as follows:
(1) If the juvenile sex offender was adjudicated delinquent of a sex
offense in this state, the petition shall be filed in the juvenile court of the
county in which the juvenile sex offender was adjudicated delinquent.
(2) If the juvenile sex offender was adjudicated delinquent of a sex
offense in a jurisdiction outside of this state, the petition shall be filed in
the juvenile court of the county in which the juvenile sex offender resides.
(c)(1) The juvenile sex offender shall serve a copy of the petition by
certified mail on all of the following:
a. The prosecuting attorney in the county of adjudication, if the
juvenile sex offender was adjudicated delinquent in this state.
b. The prosecuting attorney of the county in which the juvenile sex
offender resides.
c. Local law enforcement where the juvenile sex offender was
adjudicated delinquent, if the juvenile sex offender was adjudicated
delinquent in this state.
d. Local law enforcement where the juvenile sex offender resides.
(2) Failure of the juvenile sex offender to serve a copy of the petition
as required by this subsection shall result in an automatic denial of the
petition.
(d) The petition and documentation to support the petition shall include
all of the following:
(1) A certified copy of the adjudication of delinquency requiring
registration.(2) Documentation of the juvenile sex offender’s release date or sentencing date if the juvenile sex offender was placed on probation.
(3) Evidence that the juvenile sex offender has completed a treatment
program approved by the Department of Youth Services.
(4) A list of each county and jurisdiction in which the juvenile sex
offender is required to register or has ever been required to register.
(5) The juvenile sex offender’s criminal record and an affidavit stating
that the juvenile sex offender has no pending criminal charges.
(6) Any other information requested by the court relevant to the
petition.
(e) Upon notification of the petition, the prosecuting attorney shall make
reasonable efforts to notify the victim of the offense for which the juvenile
sex offender is required to register of the petition and of the dates and
times of any hearings or other proceedings in connection with the petition.
(f) The court shall hold a hearing prior to ruling on the petition. At the
hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(g) The court may consider any of the following factors to determine
whether to grant relief:
(1) Recommendations from the juvenile sex offender’s probation officer,
including, but not limited to, the recommendations in the predisposition
report and the juvenile sex offender’s compliance with supervision
requirements.
(2) Recommendations from the juvenile sex offender’s treatment provider,
including, but not limited to, whether the juvenile sex offender
successfully completed a treatment program approved by the Department
of Youth Services.
(3) Recommendations from the prosecuting attorney.
(4) Any written or oral testimony submitted by the victim or the
parent, custodian, or guardian of the victim.
(5) The facts and circumstances surrounding the offense including, but
not limited to, the age and number of victims, whether the act was
premeditated, and wahether the offense involved the use of a weapon,
violence, or infliction of serious bodily injury.
(6) Any criminal behavior of the juvenile sex offender before and after
the adjudication of delinquency that requires reporting.
(7) The stability of the juvenile sex offender in employment and
housing and his or her community and personal support system.
(8) The protection of society.
(9) Any other factors deemed relevant by the court.
(h) If the court is satisfied by clear and convincing evidence that the
juvenile sex offender is rehabilitated and does not pose a threat to the
safety of the public, the court shall grant relief.
(i) The court shall provide a copy of any order granting relief to the
prosecuting attorney and to the Alabama State Law Enforcement Agency.
(j) Upon receipt of a copy of an order granting relief as provided in this
section, the Alabama State Law Enforcement Agency shall remove the
juvenile sex offender from the public registry website. If the registering
agencies maintain a local registry of sex offenders who are registered with
their agencies, the registering agencies shall remove the registration information of the juvenile sex offender from the local sex offender public
registry, if notification applied.
(k) If the court denies the petition for relief, the juvenile sex offender
shall wait at least 12 months from the date of the order denying the petition
before petitioning the court again.
(l) Notwithstanding any state or local law or rule assigning costs and fees
for filing and processing civil and criminal cases, the fee for filing the
petition for relief under this section shall be two hundred dollars ($200) to
be distributed as provided in Section 15–20A–46. The filing fee may be
waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(m) If a sex offender seeks relief from the court pursuant to this section,
the enforcement of this chapter shall not be stayed pending a ruling of the
court.
(n) A person who knowingly provides false or misleading information
pursuant to this section shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 34; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

For the purposes of this chapter, a youthful offender sex offender who has not been previously adjudicated or convicted of a sex offense and who has not yet attained the age of 18 at the time of the offense shall be considered a juvenile sex offender. A youthful offender sex offender who has been previously adjudicated or convicted of a sex offense as a juvenile

sex offender, youthful offender sex offender, or adult sex offender, or who has attained the age of 18 at the time of the offense shall be treated as an adult sex offender convicted of a sex offense. A youthful offender sex offender who is treated as a juvenile sex offender for purposes of this

chapter may not be released from the jurisdiction of the sentencing court

until the youthful offender sex offender has undergone sex offender treatment

and a risk assessment as required by Section 15–20A–26.

(Act 2011–640, p. 1569, § 35; Act 2015–463, p. 1506, § 1.)

(a) No sex offender shall change his or her name unless the change is incident to a change in the marital status of the sex offender or is necessary to effect the exercise of the religion of the sex offender. Such a change shall be immediately reported to local law enforcement in each county in which the sex offender is required to register. If the sex offender is subject to the notification provisions of this chapter, the reporting of a name

change under this section shall invoke notification.

(b) Any person who knowingly violates this section shall be guilty of a Class C felony.(Act 2011–640, p. 1569, § 36; Act 2015–463, p. 1506, § 1.)

(a) When a sex offender declares, and the county is notified that a sex
offender intends to reside, maintain employment or a volunteer position, or
attend school in the county and the sex offender fails to appear for
registration, the county that received the notice shall immediately inform
the sheriff of the county that provided the notice that the sex offender
failed to appear for registration.
(b) When a sex offender fails to register or cannot be located, an effort
shall immediately be made by the sheriff in the county in which the sex
offender failed to register or is unable to be located to determine whether
the sex offender has absconded.
(c) If no determination can be made as to whether the sex offender has
absconded, the sheriff of the county in which the sex offender failed to
appear for registration shall immediately notify the Alabama State Law
Enforcement Agency and the United States Marshals Service that the sex
offender cannot be located and provide any information available to
determine whether the sex offender absconded to the United States Marshals Service.
(d) Once a determination is made that the sex offender has absconded,
the following shall occur:
(1) The sheriff of the county in which the sex offender has absconded
shall immediately obtain a warrant for the arrest of the sex offender.
(2) The sheriff of the county in which the sex offender has absconded
shall immediately notify the United States Marshals Service and the
Alabama State Law Enforcement Agency.
(3) The Alabama State Law Enforcement Agency shall immediately
update its public registry website to reflect that the sex offender has
absconded.
(4) The Alabama State Law Enforcement Agency shall immediately
notify the Criminal Justice Information Center, who shall immediately
notify the National Criminal Information Center.
(5) The Alabama State Law Enforcement Agency shall immediately
notify the National Sex Offender Registry to reflect that the sex offender
has absconded and enter the information into the National Crime Center
Wanted Person File.
(e) A sex offender who knowingly fails to appear for registration after
declaring his or her intent to reside, be employed, or attend school in a
county without notifying local law enforcement in that county that he or she will no longer establish a residence, maintain employment or a volunteer position, or attend school, shall be guilty of a Class C felony.
(Act 2011–640, p. 1569, § 37; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) If a sex offender escapes from a state or local correctional facility,
juvenile detention facility, or any other facility that would not permit
unsupervised access to the public, the responsible agency, within 24 hours, shall notify the Alabama State Law Enforcement Agency, local law enforcement who had jurisdiction at the time of adjudication or conviction of the sex offense, the sheriff of the county and each chief of police of every municipality in the county where the sex offender escaped, and the United States Marshals Service.
(b) The responsible agency shall provide each law enforcement agency
listed in subsection (a) with the following information:
(1) The name and aliases of the sex offender.
(2) The amount of time remaining to be served by the sex offender.
(3) The nature of the crime for which the sex offender was incarcerated.
(4) A copy of the fingerprints and current photograph of the sex
offender and a summary of the criminal record of the sex offender.
(Act 2011–640, p. 1569, § 38; Act 2015–463, p. 1506, § 1.)

(a) A person is guilty of the crime of harboring, assisting, concealing, or
withholding information about a sex offender if the person has knowledge
or reason to believe that a sex offender is required to register and the
person assists the sex offender in avoiding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this
chapter if the person does any of the following:
(1) Harbors, attempts to harbor, or assists another person in harboring
or attempting to harbor the sex offender.
(2) Allows a sex offender to reside at his or her residence to avoid
registration if the address is not the address the sex offender listed as his
or her residence address.
(3) Warns a sex offender that a law enforcement agency is attempting
to locate the sex offender.
(4) Provides the sex offender with money, transportation, weapon,
disguise, or other means of avoiding discovery or apprehension.
(5) Conceals, attempts to conceal, or assists another in concealing or
attempting to conceal the sex offender.
(6) Provides information to a law enforcement agency regarding a sex
offender which the person knows to be false.
(b) For the purposes of this section, the term law enforcement agency
includes, but is not limited to, the Board of Pardons and Paroles.
(c) Knowingly harboring, assisting, or concealing a sex offender is a Class
C felony.
(Act 2011–640, p. 1569, § 39; Act 2015–463, p. 1506, § 1.)

(a) It is the intent of the Legislature that a duplicate of a certified copy
of a public record be admissible and is not dependent on the original
custodian of record to gain admissibility. Further, the Legislature finds
that the certification by the clerk of the court and the certification by the
Alabama State Law Enforcement Agency assures reliability and trustworthiness.
(b) The clerk of the court shall forward a certified copy of a sex
offender’s adjudication or conviction to the Alabama State Law Enforcement
Agency within 30 days of receipt of the order of adjudication or
conviction of any of the offenses listed in Section 15–20A–5.
(c) Any state, county, or municipal law enforcement agency, the Attorney
General, or a district attorney may request a duplicate of the sex
offender’s adjudication or conviction from the Alabama State Law Enforcement Agency.
(d) Upon the request of any of the agencies listed in subsection (c), the
custodian of records, or its designee, of the Alabama State Law Enforcement Agency shall immediately certify all of the following:
(1) That the Alabama State Law Enforcement Agency received the
certified copy of the sex offender’s conviction or adjudication from the
clerk of the court pursuant to subsection (b).
(2) That the original certified copy received from the clerk of the
court remains in the possession of the Alabama State Law Enforcement
Agency.
(3) That no changes or alterations have been made to the original
certified copy.
(e) Upon certification by the Alabama State Law Enforcement Agency
as provided in subsection (d), the Alabama State Law Enforcement Agency shall immediately forward the certified documents to the requesting agency.
(f) Notwithstanding any other law or rule of evidence, a certified copy of
the record of adjudication or conviction as defined in subsection (b),
provided by the Alabama State Law Enforcement Agency, as provided insubsection (d), shall be proof of the sex offender’s adjudication or conviction of a sex offense and shall be admissible into evidence, without further proof, in any court in this state.
(g) For the purpose of this section, the term conviction or adjudication
shall mean a final conviction or adjudication, regardless of whether the
conviction or adjudication is on appeal.
(h) Any clerk of a court, who willfully or intentionally fails to report any
such conviction or adjudication in his or her court shall be guilty of a Class
A misdemeanor.
(Act 2011–640, p. 1569, § 40; Act 2015–463, p. 1506, § 1.)

(a) After a sex offender’s conviction or adjudication, and upon request of
the Attorney General’s Office, the office of the prosecuting attorney or the
clerk of the court shall immediately forward the victim’s name and most
current address, if available, to the Attorney General’s Office of Victim
Assistance.
(b) When providing notice of a parole hearing, the Board of Pardons
and Paroles shall provide the Attorney General’s Office of Victim Assistance
with any victim information on victims whose offenders are subject to
this chapter.
(c) Upon request of the victim, the Attorney General’s Office of Victim
Assistance shall send a notice to the victim notifying the victim of the
pending release of the sex offender and the location at which the sex
offender intends to reside. This request by the victim shall be made
electronically or in writing to the Attorney General’s Office of Victim
Assistance.
(d) It shall be the responsibility of the victim to inform the Attorney
General’s Office of Victim Assistance of any change to the victim’s address
or any other pertinent information. If the notice sent by the Attorney
General’s Office of Victim Assistance is returned as undeliverable, no
further action shall be required of the Attorney General’s Office of Victim
Assistance.
(Act 2011–640, p. 1569, § 41.)

(a) Any jurisdiction or agency responsible for registering a sex offender
shall immediately forward all required registration information and any
changes to the required registration information received to the Alabama
State Law Enforcement Agency in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by
the secretary upon recommendation of an advisory board consisting of
representatives of the office of the Attorney General, District Attorneys
Association, Chiefs of Police Association, Sheriffs Association, and the
Alabama State Law Enforcement Agency. The advisory board members
shall not receive any compensation or reimbursement for serving on the
advisory board.
(b) Upon notification or discovery of the death of a sex offender, the
registering agency shall immediately notify the Alabama State Law Enforcement Agency.
(c) The Alabama State Law Enforcement Agency shall immediately
enter all registration information received into its sex offender database.
(d) All information received by the Alabama State Law Enforcement
Agency shall be immediately forwarded to the following by the Alabama
State Law Enforcement Agency:
(1) The National Criminal Information Center or any other law enforcement
agency for any lawful criminal justice purpose.
(2) The Sex Offender Registration and Notification Act Exchange
Portal.
(3) The National Sex Offender Registry.
(4) Each county and municipality where the sex offender resides, is an
employee, or is a student.
(5) Each county and municipality from or to which a change of
residence, employment, or student status occurs.
(6) The campus police in each county or jurisdiction where the sex
offender is a student.
(7) The United States Marshals Service, if the sex offender is terminating
residence in a jurisdiction to relocate to a foreign country.
(8) The Attorney General’s Office of Victim Assistance.
(e) Upon request, all registration information shall be available in electric
form to all federal, state, county, and municipal law enforcement
agencies, prosecuting attorneys, probation officers, and any agency responsible for conducting employment-related background checks under the National Child Protection Act of 1993 (42 U.S.C. § 5119a).
(f) No existing state laws, 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, the Office of the Attorney General, or a prosecuting attorney for purposes of administering, implementing, or enforcing this chapter. No state law shall preclude the disclosure of any information concerning a juvenile sex offender or youthful offender sex offender to the Department of Human Resources for the purpose of conducting an assessment with regard to a person as provided by law.
(g) The sheriff of each county shall maintain a register or roster of the
names of all persons registered by him or her pursuant to this chapter.
The information contained in the register or roster shall be made available,
upon request, to all federal, state, county, and municipal law enforcement
agencies, prosecuting attorneys, or probation officers for the administration, implementation, or enforcement of this chapter.
(h) Notwithstanding any other provision of law to the contrary, a sex
offender’s Internet identifiers as described in subdivision (9) of subsection
(a) of Section 15–20A–7, and a sex offender’s Internet service providers as
described in subdivision (18) of subsection (a) of Section 15–20A–7, may
only be disclosed pursuant to federal law or to law enforcement for the
purpose of administering, implementing, or enforcing this chapter or to
prevent or investigate a crime by the sex offender based on an articulable
basis for suspicion. In no event shall such information be disclosed other
than for one of the purposes identified in the preceding sentence. A
violation of this subsection shall constitute a Class A misdemeanor.
(Act 2011–640, p. 1569, § 42; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) Except as provided in Sections 15–20A–5, 15–20A–16, 15–20A–23,
15–20A–24, 15–20A–25, 15–20A–34 or the former 15–20–21(4)(a), the
requirements of this chapter are mandatory and shall not be altered,
amended, waived, or suspended by any court. Any court order altering,
amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15–20A–5, 15–20A–16, 15–20A–23, 15–20A–24, 15–20A–25, 15–20A–34 or the former
15–20–21(4)(a), shall be null, void, and of no effect.
(b) The Board of Pardons and Paroles shall not grant relief from any
provisions of this chapter to any sex offender unless all three of the
following conditions are met:
(1) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim.
(2) At the time of the commission of the sex offense, the victim was 13
years of age or older.
(3) The sex offense did not involve force and was only a crime due to
the age of the victim.
(Act 2011–640, p. 1569, § 43; Act 2015–463, p. 1506, § 1; Act 2017–414, § 5.)

(a) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules establishing an administrative hearing for persons who are only made subject to this chapter pursuant to subdivision (35) of Section 15–20A–5.

(b) The Secretary of the Alabama State Law Enforcement Agency shall adopt rules setting forth a listing of offenses from other jurisdictions that are to be considered criminal sex offenses under subdivision (35) of Section

15–20A–5. Thereafter, any individual convicted of any offense set forth in

the listing shall immediately be subject to this chapter and shall not beentitled to an administrative hearing as provided in subsection (a).

(c) The Secretary of the Alabama State Law Enforcement Agency may adopt any rules as are necessary to implement and enforce this chapter.(Act 2011–640, p. 1569, § 44; Act 2015–463, p. 1506, § 1; Act 2018–528, § 4; Act

2019–465, § 1.)

(a) A sex offender who is convicted of any offense specified in this
chapter, in addition to any imprisonment or fine, or both, and in addition to
any other fees, costs, and assessments, imposed for the commission of the underlying offense, shall be punished by a fine of two hundred fifty dollars ($250).
(b) The fines collected in subsection (a) shall be distributed as follows:
(1) Fifty dollars ($50) to the Highway Traffic Safety Fund in the
Alabama State Law Enforcement Agency.
(2) Twenty-five dollars ($25) to the Circuit Clerk’s Restitution Recovery
Fund.
(3) Twenty-five dollars ($25) to the State General Fund.
(4) Fifty dollars ($50) to the District Attorney’s Fund or the fund
prescribed by law for district attorney fees.
(5) Fifty dollars ($50) to the Office of Prosecution Services for the
Alabama Computer Forensics Labs.
(6) Fifty dollars ($50) to the law enforcement agency who requested
the warrant subject to the following:
a. If the warrant was requested by the sheriff, or his or her
designee, any and all monies collected under this subsection shall be
deposited in the county general fund earmarked for use by the sheriff
and shall be paid to the sheriff upon request by the sheriff to be used
at the discretion of the sheriff for any law enforcement purpose related
to sex offender registration, notification, tracking, or apprehension.
b. The monies provided in this subdivision and the use of the funds
shall in no way diminish or take the place of any other reimbursement
or other source of income established for the sheriff or the operation
of his or her office.
c. If the warrant was requested by a municipality, any proceeds
from this subdivision shall be deposited into the municipal general
fund and made available to the affected law enforcement agency or
department upon requisition of the chief law enforcement official of
such agency or department and shall be used for any lawful purpose
related to sex offender registration notification, tracking, or apprehension.
The monies provided in this paragraph shall in no way diminish
or take the place of any other reimbursement or other source of
income established for the chief of police for the operation of his or
her office.
(c) Fines ordered pursuant to this section shall not be waived, suspended,
or remitted.
(Act 2011–640, p. 1569, § 45; Act 2015–463, p. 1506, § 1.)

(a) The two hundred dollar ($200) filing fee paid by a sex offender who petitions the court for relief pursuant to Sections 15–20A–16, 15–20A–23, 15–20A–24, 15–20A–25, or 15–20A–34 shall be distributed as follows:

(1) Fifty dollars ($50) to the Circuit Clerk’s Restitution Recovery Fund.

(2) Fifty dollars ($50) to the sheriff of the county subject to the following:

a. Any and all monies collected under this subdivision shall be deposited in the county general fund earmarked for use by the sheriff and shall be paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff for any law enforcement purpose related to sex offender registration, notification, tracking, or apprehension.

b. The monies provided in this subdivision and the use of the funds shall in no way diminish or take the place of any other reimbursement

or other source of income established for the sheriff or the operation of his or her office.

(3) Fifty dollars ($50) to the District Attorney’s Fund or the fund

prescribed by law for district attorney fees.

(4) Fifty dollars ($50) to Alabama Network of Children’s Advocacy Centers. 

(b) The filing fee shall not be remitted.(Act 2011–640, p. 1569, § 46; Act 2015–463, p. 1506, § 1.)

Nothing in this chapter shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions based on the performance of any duty imposed by this chapter or the failure to perform any duty imposed by this chapter.

(a) For the purposes of Sections 13A–5–2, 13A–5–6, 14–9–41, 15–18–8,
15–22–27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in
which the victim was a child under the age of 12 or any offense involving
child pornography.
(b) For the purpose of Section 12–15–107(a)(7), a juvenile probation
officer shall notify the state and either the parent, legal guardian, or legal
custodian of a juvenile sex offender, or the child’s attorney for the juvenile
sex offender, of the pending release of the sex offender and provide them
with a copy of the risk assessment pursuant to subsection (c) of Section
15–20A–26.
(c) For the purpose of Section 12–15–116(a)(5), a juvenile court shall
have exclusive original jurisdiction to try any individual who is 18 years of
age or older and violates any of the juvenile criminal sex offender provisions of subdivision (1) of subsection (b) of Section 15–20A–27.
(d) For the purpose of Section 13A–5–6(c), an offender is designated a
sexually violent predator pursuant to Section 15–20A–19.
(e) For the purpose of Sections 36–18–24(b)(6) and 36–18–25(c)(1),
sexual offenses shall include, but not be limited to, those offenses pursuant to Section 15–20A–5.
(f) For the purpose of Section 32–6–49.24, a person who is registered as
a sex offender or convicted of a crime that requires registration as a sex
offender is a person who is required to register as a sex offender pursuant
to this chapter. A crime or offense that requires registration as a sex
offender shall include, but not be limited to, those offenses pursuant to
Section 15–20A–5.
(g) For the purpose of Sections 38–13–2 and 38–13–4, a sex crime shall
also include any offense listed in this chapter pursuant to Section
15–20A–5.
(Act 2011–640, p. 1569, § 48.)