1994-191 | The term “conviction” includes guilty pleas but does not include juveniles adjudicated delinquent under state law. |
1996-39 | A sheriff may require an individual who is registering pursuant to 13A-11-200 to submit to fingerprinting. |
1996-259 | A sheriff may require an individual who is registering pursuant to 13A-11-200 to submit to fingerprinting. |
1996-285 | In municipalities with more than 5000 people, the chief of police must comply with Act 96-793, in all others the Sheriff must comply. |
1996-320 | Community Notification Act requires previously convicted sex offender to register intent to change residence and cannot reside within 1000 feet of a day care center |
1997-4 | Overruled by Act No. 98-489 |
1997-230 | Juveniles adjudicated as delinquent for a sex offense or persons granted Youthful Offender status with respect to a sexual offense are not subject to Community Notification Act. Overruled by 98-489. |
1997-255 | Community Notification Act is not retroactive but a sex offender convicted prior to the Act must notify the chief of police or sheriff of intent to move. |
1997-295 | Under Sections (A)(1) and (2) of the Community Notification Act the chiefs of police must give notice to person having legal residence in the area. |
1998-73 | The Community Notification Act does not speak to visitation by a minor in the residence of a sex offender except that the sex offender cannot willfully or knowingly come within 1000 feet of a former victim . This can be regulated by court order. |
1998-155 | Attempted sexual abuse is within those offenses requiring registration with the sheriff. An arrest for noncompliance with 13A-11-200 is made upon probable cause. Due process requirements are determined by a court of competent jurisdiction. |
1998-164 | Sex offender sentenced to probation subject to Community Notification Act. |
1998-199 | Community Notification Act applies to persons adjudicated as delinquent in Juvenile Court for sexual offense, or persons granted YOA with respect for sex offenses. Agency where released is the “Responsible Agency”. |
1998-212 | 15-20-22(E) prohibits a sex offender from establishing a residence or accepting employment within 1000 feet of any public, private, or parochial school, daycare, or any other childcare facility. |
1998-214 | Community Notification Act has one limited exception against a sex offender living with a minor. This exception applies only to a “parent” does not include a step-parent. |
1998-215 | A juvenile sex offender is prohibited from living in the same home with their parents if a sibling who resides in the home was the victim. |
1998-225 | The term “conviction” in 15-20-21(A)(3) is not limited to final conviction. Community Notification Act has no procedure for “reverse notification”. “Responsible Agency” is agency responsible for release of offender. |
1999-6 | Juvenile sex offender is prohibited from living in home with parents if a sibling was the victim. Certified group home of DYS is a child care facility. YOA and JU are not prohibited from attending school. |
1999-11 | Provisions of Community Notification Act apply to sex offender convicted prior to implementation when they establish a new residence. Chiefs and/or sheriffs have 5 days to complete notification to residences within 2000 feet. |
1999-29 | Community Notification Act applies to sex offenders when establishing a new residence. The term “conviction” includes adjudication as YOA or delinquent. YOA offenders are required to register. |
1999-34 | Sex offender can establish a residence with their biological child when victims were step-children and their parental rights have not been or are not in the process of being terminated. |
1999-38 | Pursuant to 15-20-22 a sex offender is prohibited from establishing a residence within 1000 feet of a foster family home regulated and licensed by DHR. |
1999-39 | The term “child care facility” as used in the Community Notification Act only refers to facilities that are licensed by DHR or other agency. Residence is established when a person resides there with intent to remain. |
1999-40 | The Community Notification Act applies to sex offenders convicted prior to the ACT when the sex offender establishes a new residence. The legality of the residence is determined at the time residence is established. |
1999-60 | If a convicted sex offender receives an unconditional pardon restoring all of their rights they are not a convicted person for the purposes of the Community Notification Act. |
1999-82 | If the elements of the crime correspond with 15-20-21(5) A-K (sexual motivation) then the Community Notification Act applies. There must be a finding of fact. |
1999-92 | The law does not prohibit a sex offender from residing within 1000 feet of their victim, the law prohibits a sex offender from establishing a residence within 1000 feet of their victim. |
1999-157 | The Community Notification Act applies only to those convicted of the offenses listed in 15-20-21(5). The lists of person registered as sex offenders pursuant to 13A-11-200 are open to inspection only by law enforcement. |
1999-241 | A “conviction” is a prerequisite to Community Notification and Registration. A “conviction” becomes effective at the time of adjudication in the trial court. It is not necessary to wait until such conviction is affirmed on appeal. |
1999-274 | A sex offender being released from incarceration are subject to community notification upon establishing a “new” residence. This applies to those offenders convicted prior to the implementation of the Act. |
2000-41 | Registration and Notification are required upon release, whenever a sex offender changes their name, and domiciles themselves for more than 5 days. Exemption after 25 years and exempt until establishes a new residence. |
2000-52 | JU defendants are subject to registration requirements even if convicted prior to the Act being implemented. Notification only after release and only if ordered by the Court. No JU is subject to residence restrictions. |
2000-81 | A sex offender placed on probation who returns to an already established residence with step children may maintain that living arrangement. Sex offenders are not required to move if a child care facility subsequently moves in. |
2000-126 | The birth of a child into a residence does not absolutely prohibit a sex offender from residing. The legality or a residence is determined only at the time the residence is established. |
2000-158 | Persons who plead Nolo Contendere to sex offenses in other jurisdictions are not subject to the Community Notification Act. Those who please guilty but have their adjudications withheld are subject to the Act. YOA are treated as JU unless they are convicted of multiple offenses. |
2000-184 | The notification process for for a juvenile sex offender who has attained the age of majority is the same. A judge has no authority to exempt a person from the requirement that he or she comply with the act. |
2000-245 | Criminal Justice Information Center – Sex Offenders As a criminal justice agency, the Attorney General’s Office may access the Alabama Criminal Justice Information Center’s criminal history files and use them to screen applicants for Mentor Alabama. |
2001-22 | A convicted sex offender may not establish a residence within ARC-Etowah. |
2001-32 | The Community Notification Act prohibits an adult sex offender from residing within 1000 feet of their victim or their victim’s immediate family. Whenever an offender is released from a period of incarceration from any conviction they must re-establish a residence, irrespective if they were previously approved. |
2001-163 | Juvenile delinquency proceedings are encompassed within the meaning of “criminal offense of any kind or character” prohibiting a district attorney or any assistant from defending clients in juvenile delinquency proceedings. |
2001-261 | A sex offender establishes a new residence for purposes of the Community Notification Act when a sex offender is reinstated to parole following a revocation. |
2002-96 | The Sex Offender Registration Act has a broader application than the Community Notification Act. Sex Offender Registration Act applies to offenders convicted under the Alabama Child Pornography Act. Adult sex offenders must also register under the Community Notification Act. |
2002-101 | The Department of Public Safety is best suited to for the task of providing procedural due process hearing for sex offenders convicted in different jurisdictions on their ability to move to a different jurisdiction. |
2002-103 | When a sex offender establishes a residence this triggers both the notification and residency provisions under the Community Notification Act. A sex offender must be “domiciled” in order to establish a residence under the Community Notification Act. All persons domiciled at the Marion County Nursing Home must be notified. |
2002-175 | A sex offender violates the the Community Notification Act if they establish “any other living accommodation” within 1000 feet of their victim’s home. The plain and ordinary meaning of “any other living accommodation” is that it is a place where someone lodges, regardless of the number of days the persons remained there. |
2002-293 | Adult sex offenders are generally prohibited from residing with minors, regardless of whether they have victimized minors or only adults. |
2003-35 | ADOC cannot administratively hold a sex offender pending verification of their declared “residence”. ADOC must notify local law enforcement within 5 days of receiving a sex offenders declaration of intent to establish residence. ADOC must report known violation of the Act to proper authorities. |
2003-111 | A sex offender is deemed to have established within the meaning of 15-20-26 when he returns to his prior dwelling after being incarcerated for a criminal offense, even if the period of incarceration period is “time served”. |
2006-01 | The Community Notification Act applies to persons who have committed a “criminal sex offense” effective 10/01/2005. The Community Notification Act applies to those person who have pleaded Nolo Contendre to a “criminal sex offense”. |
2006-57 | If a sex offender has received an unconditional pardon the offender is no longer “convicted”. If a sex offender receives an unconditional pardon they are no longer subject to the Sex Offenders Registration Act. |
2006-119 | The Community Notification Act applies to persons who have committed a “criminal sex offense” effective 10/01/2005. The Community Notification Act applies to those person who have pleaded Nolo Contendre to a “criminal sex offense”. The Act does apply to sex offenders released after 10/01/2005. |
2008-60 | Sex Abuse II becomes a felony if the date of the sexual abuse occurs withing one year of another sexual offense, not if the conviction on the sexual abuse occurs within one year of the other offense. |
2008-71 | A sex offender previously granted Youthful Offender status who re-offends shall be treated as an adult sex offender. |
2008-94 | A sex offender who requests an administrative hearing can be subjected to the Community Notification Act and posted on the website if evidence has been presented to an Administrative Law Judge from with the judge determines by a preponderance of the evidence that the offender was convicted in another jurisdiction. |
2010-41 | The Department of Public Safety is not required to keep a hard copy of the sex offender information once the information has been scanned or accurately entered into its electronic database. |
2010-55 | If a sex offender violated 15-20-22 and said offender’s last conviction for a sex offense was in a foreign jurisdiction, venue is property where the violation of 15-20-22 occurred. |
2011-6 | Sex offenders who transfer their residence from one county to another must register with the sheriff of the county to which they have moved within 7 days after the move. |
2011-46 | Absent a showing of fraud, misrepresentation, interference with the rights of others, an attempt to hide criminal activity or some other substantial reason, a probate judge should grant a petition for a name change by an adult person. |
2012-74 | Registration fees collected by the Morgan County Sheriff pursuant to 15-20A-22 must be transferred to the Morgan County Commission for appropriation to the sheriff to defray the costs of sex offender registration, verification and notification. |
2016-28 | A mother’s morning out program operating less than four hours a day that is not licensed or certified by DHR or any other agency or is exempted by 38-7-3 is not a childcare facility under 15-20A-4(3). |
2016-32 | A sex offender who receives a pardon restoring only those civil and political rights necessary for participating in elections must still comply with the Community Notification Act and Sex Offender Registration Act. |
2016-43 | The City of Millbrook is not required to provide a requested pre-zoning statement to a property owner who does not reside in the affected area so as to demonstrate a minimal level of permanency of physical residence. |
2019-55 | A person convicted of a violation of the Alabama Child Pornography Act is prohibited form residing with a minor. |
2023-8 | Under 36-18-25(c)(1) a person arrested for a felony or a sexual offense has no right to refuse to submit to a DNA sample upon arrest. A sheriff my request a standing order requiring that arrestees subject to this section must submit to a DNA sample as a condition of release. |