15-20A-21
Section 15-20A-21 Adult sex offender - Community notification. (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...
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15-20A-38
Section 15-20A-38 Escape from correctional facility. (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...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (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...
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12-26-2
Section 12-26-2 Exclusions. This chapter does not do any of the following: (1) Provide a basis for invalidating a plea, conviction, or sentence. (2) Provide a cause of action for monetary damages. (3) Affect any of the following: a. The responsibilities imposed by the Alabama Sex Offender Registration and Community Notification Act. b. Any licensure requirements imposed by an interstate compact or other interstate mutual recognition licensure requirements imposed by law to which Alabama is subject, or any licensure requirements imposed by federal law. c. An attorney's duty to represent a client. d. A claim or right of the victim of a criminal offense. e. A right or remedy under law, other than this chapter, available to an individual convicted of a crime. (Act 2019-464, ยง2.)...
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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically imposed by operation of state law or rule that limits or prohibits an individual convicted of a crime from obtaining occupational licensing, certification, or other evidence of qualification necessary to engage in a particular occupation. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court, or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an individual convicted of a crime serves time in the jurisdictional custody of the state, including, but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER OF THE LIMITED RELIEF or ORDER. An order concerning...
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15-20A-13
Section 15-20A-13 Adult sex offender - Employment restrictions. (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...
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12-15-116
Section 12-15-116 Original jurisdiction - Criminal. (a) A juvenile court shall have exclusive original jurisdiction to try any individual committing any of the following offenses while 18 years of age or older: (1) Contributing to the delinquency, in need of supervision, or dependency of a child in violation of Section 12-15-111. (2) Opposing or interfering with a juvenile probation officer or a representative of the Department of Human Resources in violation of Section 12-15-112. (3) Violating any of the confidentiality provisions of Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217. (4) Nonsupport in violation of Section 13A-13-4. (5) Violating any of the juvenile sex offender provisions of Section 15-20A-27(b)(1). (6) Violating any of the provisions of the compulsory school attendance laws in Section 16-28-12. (b) All criminal cases before the juvenile court shall be governed by the laws relating thereto and shall be initiated by complaint made before a judge or magistrate...
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12-15-217
Section 12-15-217 Notice of delinquent acts. (a) Notwithstanding subsection (a) of Section 12-15-133, written notice that a child enrolled in a school, kindergarten to grade 12, has been found delinquent of an act which if committed by an adult would be a Class A or B felony or any other crime, at the discretion of the juvenile court, shall be provided within seven days to the superintendent of the school district of attendance, or, if the child attends a private school, to the principal of the school. The juvenile court shall provide the notice using whatever method it deems appropriate or otherwise as decided by the Administrative Office of Courts. The prosecutor may recommend to the juvenile court that notice be given to the school for any delinquent act. Written notice shall include only the offenses, enumerated by the appropriate code section and brief description, found to have been committed by the child and the disposition of the case involving the child. Where applicable, this...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the Department of Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or child in need of supervision petition and before the entry of an adjudication order, suspending the proceedings and placing the child under supervision pursuant to terms and conditions agreed to between the child and his or her parent, legal guardian, or legal custodian and approved by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS OFFENDER. A status offender is an individual who has been charged with or adjudicated for conduct that would not, pursuant to the law of the jurisdiction in which...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer a child for criminal prosecution to the circuit or district court, if the child was 14 or more years of age at the time of the conduct charged and is alleged to have committed an act which would constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining whether it is in the best interests of the child or the public to grant the motion. Only if there are no reasonable grounds to believe the child is committable to an institution, department, or agency for individuals with an intellectual disability or mental illness, may the juvenile court judge order the case transferred for criminal prosecution....
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