HB393 By Representative Sorrell RFD Local Legislation Rd 1 05-MAR-20

SYNOPSIS: Under existing law, there is no requirement that a person who operates a program helping released inmates reenter into the community be licensed by the local government authority prior to operation of the program.

This bill would propose a local amendment to the Constitution of Alabama of 1901, to require a person to obtain a permit from the Colbert County Commission prior to operating a community reentry program in Colbert County; authorize the Colbert County Commission to establish requirements for the operation of the program and authorize the commission to charge a permit fee; and establish a community reentry committee for the purpose of providing for the permitting requirements of a community reentry program and for the investigation of those programs.

A BILL TO BE ENTITLED AN ACT

Relating to Colbert County; to propose an amendment to the Constitution of Alabama of 1901, to require a person to obtain a permit from the Colbert County Commission prior to operating a community reentry program in Colbert County; authorize the Colbert County Commission to establish requirements for the operation of the program and authorize the commission to charge a permit fee; and establish a community reentry committee for the purpose of providing for the permitting requirements of a community reentry program and for the investigation of those programs.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

(a) This amendment shall be known and may be cited as Reagan's Reentry Program for Sex Offenders Child Protection.

(b) As used in this amendment, the following terms shall have the following meanings:

(1) COLBERT COUNTY. Includes the incorporated and unincorporated areas of Colbert County.

(2) COMMUNITY REENTRY PROGRAM. A program, including a faith-based program, that does either of the following:

a. Provides reentry preparation services, including job training, drug treatment, or other related services, for one or more individuals who have been convicted of a sex offense, as described under Section 15-20A-5, Code of Alabama 1975, as amended, and who have been released on parole or otherwise released from incarceration.

b. Provides transitional or temporary housing for one or more individuals who have been convicted of a sex offense, as described under Section 15-20A-5, Code of Alabama 1975, as amended, and who have been released on parole or otherwise released from incarceration.

(3) COUNTY COMMISSION. The Colbert County Commission.

(c) The county commission shall adopt an ordinance or resolution providing for the issuance of a permit to a person for the operation of a community reentry program in the county.

(d) Upon the adoption of an ordinance or resolution under subsection (c), it shall be unlawful to operate a community reentry program in Colbert County unless the person possesses a valid permit issued by the county commission for the operating of a community reentry program.

(e)(1) Any person desiring to operate a community reentry program in Colbert County shall do all of the following:

a. Submit an application to the county commission on a form provided by the county commission. The application for a permit shall be accompanied by a fee. The fee shall be a minimum of five hundred dollars ($500) and shall be set by the county commission.

b. Submit to and pass a criminal history background check based on criteria established by the county commission and pay a fee for the criminal history check. The fee shall be set by the county commission.

c. Provide proof of a surety bond in an amount set by the county commission of not less than two million, five hundred thousand dollars ($2,500,000) to cover the costs of any liability related to the operation of the program or any other damages caused by participants in the program.

d. Meet all other requirements set by the county commission.

(2) Every facility used for the operation of a community reentry program in Colbert County shall be subject to the same residence restrictions to which adult sex offenders are subject, as provided under Section 15-20A-11, Code of Alabama 1975, as amended.

(3) A community reentry program may not be permitted for operation in Colbert County if the facility is located or the activities of the program take place within 2,000 feet of any of the following:

a. A residential area containing single-family or multi-family dwellings.

b. A church or other facility regularly used for spiritual worship.

c. A park or playground.

d. A school.

e. A business providing recreational or athletic activities for minors.

(4) Every permittee, on or before January 1 of each year, shall pay the county commission an annual fee for renewal of the permit for the succeeding calendar year. The annual fee shall be a minimum of five hundred dollars ($500) and shall be set by the county commission. The permit shall expire if the annual fee remains unpaid 14 days after written notice of delinquency has been given to the permittee. Written notice is deemed to have been given to the permittee five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed.

(5) A new permit or an application to transfer an existing permit is required upon any change in the ownership of a permitted program and the application shall be made to the county commission in accordance with this amendment.

(f) The Colbert County Community Reentry Committee is created. The committee shall recommend permitting requirements that shall be considered by the county commission for the permitting of community reentry programs and, from time to time, shall inspect any community reentry program in the county to determine compliance with any permitting requirements adopted by the county commission. The community reentry committee shall be composed of the Sheriff of Colbert County and four individuals appointed by the county commission. One appointee shall serve for a one-year term; one appointee shall serve for a two-year term; one appointee shall serve for a three-year term; and one appointee for a four-year term. Upon completion of the initial staggered terms, all subsequent appointments by the county commission shall be for terms of four years. Appointees shall continue to serve after expiration of their term until a successor is appointed by the county commission. The committee shall select a chair from among its membership and shall meet from time to time at the call of the chair or a majority of the members of the committee. Members of the committee may not be compensated for their service on the committee.

(g) Community reentry programs shall be inspected at least two times per year. Additional inspections of community reentry programs shall be performed as often as necessary for the enforcement of this amendment.

(h) A member of the Colbert County Community Reentry Committee, or a designee of the committee, after proper identification, shall be permitted to enter any community reentry program at any reasonable time for the purpose of making inspections to determine compliance with this amendment. The member of the committee or designee shall be permitted to examine the records of the community reentry program and any information necessary to determine compliance with this amendment.

(i) When an investigation has been completed, the Colbert County Community Reentry Committee may report its findings to the county commission. The county commission may take any appropriate action, including suspending or revoking the permit to operate the community reentry program, upon a finding that the program fails to meet the requirements set by the county commission. Upon the suspension or revocation of a permit, the county commission may petition the Colbert County Circuit Court for an order of closure of the facilities of the community reentry program.

(j) The holder of a permit for a community reentry program, following the close of the program's fiscal year, shall cause an audit of the program's books and accounts, to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other related information. A copy of the audit shall be forwarded to the county commission and the Colbert County Community Reentry Committee.

(k) This amendment applies to every community reentry program operating in Colbert County. The amendment may not be interpreted or construed to exempt a community reentry program in operation prior to the ratification of this amendment from the requirements of this amendment.

END OF PROPOSED AMENDMENT.

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 284.01 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Relating to Colbert County, proposing an amendment to the Constitution of Alabama of 1901, to require a person to obtain a permit from the Colbert County Commission prior to operating a community reentry program in Colbert County; to authorize the Colbert County Commission to establish requirements for the operation of the program and authorize the county commission to charge a permit fee; and to establish a community reentry committee, which shall provide for the permitting requirements of a community reentry program and investigate any community reentry program in the county.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Colbert County

Licenses and Licensing

County Commissions

Pardons and Paroles

Counties