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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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-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (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...
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15-20A-34
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 whether 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...
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15-20A-28
Section 15-20A-28 Juvenile sex offender - Lifetime registration and notification. (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. ยง 2241(a) or (b). (7) Any attempt or conspiracy to commit any of the offenses listed in subdivisions (1)...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and information acquired or generated in juvenile courts concerning children shall be confidential and shall not be released to any person, department, agency, or entity, except as provided elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions, notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but not limited to: a. Records of juvenile probation officers. b. Records of the Department of Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric or psychological records. f. Reports of preliminary inquiries and predisposition studies. g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education records, including, but not limited to, individualized education plans. k. Detention records. l. Demographic information that identifies a child or the family of a...
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15-20A-19
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...
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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-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-27
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,...
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