Code of Alabama

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15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (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...
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15-20A-4
Section 15-20A-4 Definitions. 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...

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15-20A-5
Section 15-20A-5 Sex offenses. 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...
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15-20A-48
Section 15-20A-48 Relation to other laws. (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...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms
have the following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established
as a state agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An
array of punishment options, from probation to incarceration, graduated in restrictiveness
according to the degree of supervision of the offender including, but not limited to, all
of the following: a. Active Incarceration. A sentence, other than an intermediate punishment
or unsupervised probation, that requires an offender to serve a sentence of imprisonment.
The term includes time served in a work release program operated as a custody option by the
Alabama Department of Corrections or in the Supervised Intensive Restitution program of the
Department of Corrections pursuant to Article 7, commencing with Section 15-18-110,
of Chapter 18 of Title 15. b. Intermediate Punishment. A sentence that may include assignment
to any...
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15-20A-20
Section 15-20A-20 Adult sex offender - Electronic monitoring. (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...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (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...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (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)...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (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)...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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