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15-20A-26
Section 15-20A-26 Juvenile sex offender - Treatment; risk assessment. (a) Upon adjudication
of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex
offender treatment by a sex offender treatment program or provider approved by the Department
of Youth Services. (b) Upon completion of sex offender treatment, the juvenile sex offender
shall be required to undergo a sex offender risk assessment. The treatment provider shall
provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and
the juvenile probation office not less than 60 days prior to the projected release of the
juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised
access to the public or immediately upon completion of the risk assessment if the juvenile
sex offender is not in a facility where the juvenile sex offender does not have unsupervised
access to the public. (c) Upon receiving the risk assessment, the juvenile...
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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
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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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-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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15-20A-35
Section 15-20A-35 Youthful offender treated as juvenile or adult. For the purposes of this
chapter, a youthful offender sex offender who has not been previously adjudicated or convicted
of a sex offense and who has not yet attained the age of 18 at the time of the offense shall
be considered a juvenile sex offender. A youthful offender sex offender who has been previously
adjudicated or convicted of a sex offense as a juvenile sex offender, youthful offender sex
offender, or adult sex offender, or who has attained the age of 18 at the time of the offense
shall be treated as an adult sex offender convicted of a sex offense. A youthful offender
sex offender who is treated as a juvenile sex offender for purposes of this chapter may not
be released from the jurisdiction of the sentencing court until the youthful offender sex
offender has undergone sex offender treatment and a risk assessment as required by Section
15-20A-26. (Act 2011-640, p. 1569, §35; Act 2015-463, §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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16-1-51.1
Section 16-1-51.1 Comprehensive model policy for supervision and monitoring of juvenile sex
offender students; educational placement of juvenile sex offenders. (a)(1) On or before January
1, 2019, the State Board of Education shall develop a comprehensive model policy for the supervision
and monitoring of juvenile sex offender students, who have a low risk of re-offense and are
enrolled, attending class, and participating in school activities with the general population
of students. The purpose of the model policy is to provide a safe and secure environment for
all students and staff. The model policy shall be adopted by each local board of education
and implemented beginning with the 2020-2021 school year. The model policy, at a minimum,
shall contain all of the following components: a. Application to all school property and school-sponsored
functions including, but not limited to, classroom instructional time, assemblies, athletic
events, extracurricular activities, and school bus...
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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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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally;
powers of juvenile probation officers as to taking into custody and placing in shelter or
detention care of children generally; procedure upon taking into custody of child by juvenile
probation officer generally. (a) For the purpose of carrying out the objectives and purposes
of this chapter and subject to the limitations of this chapter or imposed by the juvenile
court, a juvenile probation officer shall perform the following duties: (1) Make investigations,
reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer
when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation
or aftercare by order of the juvenile court or other authority of law until the terms of probation
or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private
or public departments or agencies of the...
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