Transcript Alabama Sex Offender Community Notification Act

Alabama Sex Offender
Community Notification Act
by
Lieutenant Robert Stone
Montgomery County Sheriff’s Office
Internal Affairs
Sexually Violent Offenders
The State of Alabama, at the time of
sentencing, may petition the court to
enter an order adjudging the offender to
be a sexually violent predator.
Evidence must show the offender suffers
from a mental abnormality or personality
disorder that makes them likely to engage
in predatory criminal sex offenses.
Sexually Violent Offenders
(cont.)
Upon release, the SVP, must provide:
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A full history of offenses committed by the
offender
Documentation of treatment for the
abnormality
Must
provide
residence
verification
quarterly
Classification of Offenders
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Adult –
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Juvenile –
An individual who is 18 years old or older, or a juvenile
or a youthful offender who has been certified as an adult by the
court.
An individual who is adjudicated of a criminal sex
offense.
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Youthful Offender –
An individual who has been
adjudicated as a youthful offender. If previously adjudicated or
convicted as a criminal sex offender, he or she shall be treated as an
adult sex offender.
Notifiable Sex Offenses
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Rape in the 1st or 2nd Degree
Sodomy in the 1st or 2nd Degree
Sexual Torture
Sexual Abuse in the 1st or 2nd Degree
Enticing a Child
Promoting Prostitution 1st or 2nd Degree
Child Pornography
Kidnapping in the 1st or 2nd Degree of a minor (except by
a parent)
Incest
Soliciting a child by computer for the purpose of
committing a sexual act, or transmitting obscene
material to a child by comuter
Notifiable Sex Offenses
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(cont.)
Any solicitation , attempt, or conspiracy to commit any of
the offenses listed in this act.
Any crime committed in any state or a federal, military,
Indian, or a foreign country jurisdiction which, if it had
been committed in this state under current provisions of
law, would constitute one of these listed offenses.
Any crime committed in any jurisdiction which,
irrespective of the specific description or statutory
elements thereof, is in any way characterized or known
as rape, sodomy, sexual assault, sexual battery, sexual
abuse, sexual torture, solicitation of a child, enticing or
luring a child, child pornography, lewd & lascivious
conduct, taking indecent liberties with a child, or
molestation of a child.
Notifiable Sex Offenses
(cont.)
Sexual Misconduct and Indecent Exposure
Are Not notifiable offenses
But they still require registration under
13A-11-200
Responsible Agencies
(person or government entity who is responsible for registering sex offenders)
When the offender is released from:
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Prison – Department of Correction
County Jail – Sheriff
Municipal Jail – Police Department
Probation – Sentencing Court
DYS – Department of Youth Services
Out of state offenders – Department of
Public Safety
Prior to Release
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Forty-five (45) days prior to release, an offender
must declare an address to the responsible
agency.
The responsible agency must notify:
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The Attorney General’s Office
Department of Public Safety
District Attorney’s Office
Sheriff of the county offender is intending to reside in
Chief of Police of the jurisdiction of residence
Alabama Criminal Justice Information System
Prior to Release (cont.)
Information should include a Form 47,
fingerprints & a current photograph
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Law Enforcement should begin Community
Notification within five (5) business days
after being advised of the offenders
address.
Probation without Incarceration
Within 24 hours of the offender’s sentence
of probation the responsible agency
should notify:
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The Attorney General’s Office
Department of Public Safety
District Attorney’s Office
Sheriff of the county offender is intending to
reside in
Chief of Police of the jurisdiction of residence
Alabama Criminal Justice Information System
Probation without Incarceration (cont.)
NOTE: Living Restrictions Do Not apply if
the offender is returning to a previously
established residence as long as the victim
is not in the home.
ABI Role in Notification
When they are notified of an offender’s
release and proposed residence they:
 Verify offender’s sex crime conviction with a
criminal history through AOC.
 Enter offender into their database.
 Start a file on the offender.
 Create a sex offender flyer that is mailed to the
Sheriff’s Office and the Police Department.
 Put the offender on the Department of Public
Safety Web Site.
Law Enforcement Responsibility
When law enforcement receives notice that
an offender is being released, the agency
should:
 Check validity of address – determine distance
property line to property line, aerial miles.
 Make sure address does not violate residency
restrictions.
If address is in violation, notify the
Department
of
Correction
or
the
responsible agency of the violation.
If the address is in compliance, begin the
Community Notification Process.
Residency / Employment Restrictions
Offenders are prohibited from:
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Establishing a residence or accepting
employment within 2000 ft. of a school, or
a child cae facility, or establishing a
residence within 1000 ft. of their victim’s
property or their victim’s immediate family.
Residency / Employment Restrictions (cont.)
Offenders are prohibited from:
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Establishing a residence where a minor
resides, except as a parent, grandparent,
or stepparent of the minor, unless one of
the following conditions applies:
1)
2)
The offender’s parental rights have been or
in the process of being terminated as
provided by law.
The offender has been convicted of any
criminal sex offense which any of the
offender’s minor children, grandchildren, or
stepchildren were the victim.
Residency / Employment Restrictions (cont.)
Offenders are prohibited from:
3)
4)
The offender has been convicted of any
criminal sex offense in which a minor was
the victim and the minor resided or lived
with the offender at the time of the offense.
The offender has been convicted of any
criminal sex offense involving a child,
regardless of whether the offender was
related to or shared a residence with the
child victim.
Coming within 100 ft. of any of his or her
former victim’s
Notification Guidelines
Within five (5) business days after notice of release or intent to move of a
sex offender is received, the following notification will occur:
In Birmingham, Mobile, Huntsville and Montgomery:
The Chief of Police will notify:
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All residence within 1000 feet
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All schools and child care facilities within three (3) miles
In Cities with population of 5000 or more:
The Chief of Police / Sheriff (if no Chief) will notify:
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All residence within 1500 feet
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All schools and child care facilities within three (3) miles
In Cities/Municipalities w/ populations of less than 5000 or in unincorporated areas:
The Sheriff will notify:
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All residence within 2000 feet
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All schools and child care facilities within three (3) miles
Verifications
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60 Days – 60 days after release the
offender is required to verify their address
with law enforcement.
Bi-Annual – Each year on the sex
offenders birth month, the offender must
verify his physical address with law
enforcement, and on the month six
months after their birth month.
Verifications (cont.)
The verification forms are mailed from ABI to the
offender using the address given on the last
registration. The offender must present these
forms to law enforcement.
If the offender does not receive a form by mail
from ABI, they are still required to present in
person to law enforcement for verification.
Law Enforcement has 30 days to return the
verification form to the Alabama Department of
Public Safety.
Change of Residence
The offender must provide 30 days written
notice to the Sheriff’s Office or Police
Department prior to their moving. This
must be done on ABI – Form 47, and shall
include the location that the offender is
moving from and the new address the
offender is moving to.
Change of Residence (cont.)
The offender shall be deemed to have established
a new residence:
 Whenever the offender is domiciled for 3
consecutive days of more.
 Whenever the offender is domiciled following his
or her release, regardless of whether the
offender has been domiciled at the same
location prior to the time of conviction.
 Whenever an offender spends 10 or more
aggregate days at a location during a calendar
month.
Requirement
State of Alabama Driver’s License
or Identification Card
15-20-26.2
Every adult criminal sex offender who is a resident
of this state shall obtain and always have in his
or her possession either a valid driver’s license
or identification card issued by the Alabama
Department of Public Safety.
Failure of an adult criminal sex offender to have
either a driver’s license or an identification card
constitutes a Class “C” Felony.
Juvenile Criminal Sex Offender
Risk Assessment and Notification Provisions
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60 days prior to the projected release of a
juvenile offender, the treatment provider
furnishes a risk assessment to the sentencing
court and probation officer.
The juvenile’s probation officer will immediately
notify the state and the parent / guardian of the
juvenile sex offender of the pending release and
the results of the risk assessment.
Within 30 days of receiving the risk assessment,
the state may petition the court to apply
notification.
Risk Factors
Upon receiving a petition to apply
notification, the sentencing court shall
conduct a hearing to determine the risk the
juvenile poses to the community.
Risk Factors (cont.)
Risk Factors include, but are not limited to:
 Conditions of release – is it supervised
release, are they receiving counseling,
home environment.
 Physical conditions – minimize re-offending
(debilitating illness)
 Psychological or Psychiatric Profile – (risk of
recidivism)
 Relationship between offender and victim
Risk Factors (cont.)
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Use of weapons, violence or injury.
The number, date and nature of prior
offenses.
Offenders response to treatment and
behavior while confined.
Levels of Notification on
Juvenile Offenders
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Low Risk:
Notify the principal of the school where the juvenile will
attend after release. Information is confidential and to
be shared only with teachers / staff with supervision
over the offender
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Moderate Risk:
Notify all schools and child care facilities within 3 miles
of declared juvenile’s residence. A flyer shall be
displayed at the Sheriff’s Office for public inspection. No
community notification. Advise school daycare this is for
their information only.
Levels of Notification on
Juvenile Offenders (cont.)
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High Risk:
Public to receive notification as if the juvenile
offender were an adult.
Prior to Release of a Juvenile
Offender
The parent / guardian must declare an actual
living address for the offender upon release.
Responsible agency notification is made to the
same agencies as for adult offenders – AG, DPS,
DA, Sheriff, Chief of Police. The risk assessment
is to be included.
If a juvenile offender intends to move, the parent
must declare a new address 14 days prior to
moving. Failure of the parent / guardian to
declare a new address 14 days prior to the
move; will constitute a Class “A” Misdemeanor.
Prior to Release of a Juvenile
Offender (cont.)
When the juvenile reaches the age of
majority, the parent or guardian is no
longer subject to the requirement; the
offender must report any changes.
Youthful Offenders
Youthful offenders who have not been
previously adjudicated for a criminal sex
offense shall be considered juveniles for
the purposes of this act. If the offender
has a prior criminal sex offense, he or she
will be treated as an adult offender.
Time Limits
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Adults – subject for a lifetime
Juveniles – whether incarcerated or not, will be
subject for 10 years from last date of release.
Any adult criminal sex offender convicted prior
to the implementation of this act (May 26, 1996)
is exempt from notification and residency
restrictions, unless they establish a
residence or become incarcerated again.
new
Disclosure of Juvenile or Youthful
Offender Information to Law
Enforcement
15-20-35 – Section – D:
No existing state law, including, but not limited to,
statutes that would otherwise make juvenile and
youthful offender records confidential, shall
preclude the disclosure of any information
requested by a responsible agency, a Law
Enforcement Officer, a criminal justice agency,
and the Attorney General’s Office, or a District
Attorney for purposes of administering,
implementing, or enforcing this article.
Miscellaneous
13A-11-200, Alabama Code:
Requires sex offenders to register with the
Sheriff’s Office, Nothing in the notification
act precludes any adult sex offender from
registering in accordance with 13A-11200. Out of state criminal sex offenders
need to have a Form 47 filed with DPS.
Victim Information:
No notice to the community shall contain
the victim’s name or other identifiers.
Miscellaneous (cont.)
Name Change:
No criminal sex offender shall be allowed to
change his or her name unless, the change is
incident to a marriage or necessary to effect the
exercise of religion.
Web Sites:
The Department of Public Safety and the
Montgomery County Sheriff’s Office web sites Do
Not include all sex offenders in their databases.
Criminal Sex Offender Databases
Available on the Internet
1)
National Sex Offender Public Registry
www.nsopr.gov
2)
Alabama Department of Public Safety
www.community.dps.al.us
3)
Montgomery County Sheriff’s Office
www.montgomerysheriff.com
Summary of changes to Alabama’s Sex Offender
Registration and Community Notification Statutes
made by Act 2005-301. Effective October 1, 2005
Act 2005-301 will effect the following changes in existing law:
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Those who commit sex offenses against children under 12 will be ineligible
for probation, split sentences, or correctional incentive time.
Those who commit sex offenses against children under 12 will be sentenced
to mandatory minimum sentences of 20 years in prison for Class A felonies
and 10 years for Class B felonies.
Those who commit sex offenses against children under 12 will be prohibited
from working or loitering at or near schools, parks or other areas where
children congregate.
The Alabama Criminal Justice Information Center will be empowered to
establish a system of electronic monitoring for sex offenders, who will be
required to pay the costs of such monitoring.
Sexually violent predators and those who commit Class A felony sex
offenses against children under 12 will be subject to at least 10 years of
electronic monitoring after their release from incarceration.
All penalties in the Community Notification Act will become Class C felonies.
Summary of changes to Alabama’s Sex Offender
Registration and Community Notification Statutes
made by Act 2005-301. Effective October 1, 2005 (Cont.)
Act 2005-301 will effect the following changes in existing law:
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Offenders who have pled nolo contendere to criminal sex offenses in other
jurisdictions will be subject to Alabama’s sex offender laws.
The time given for sex offenders to report to local law enforcement after
their release from incarceration or transfer of residence will decrease from
30 to 7 days.
The definition of “criminal sex offense” will be clarified so that most out-ofstate and federal sex offenders will be subject to community notification
without a preliminary hearing.
The time period for sex offenders to declare their intended places of
residence before being released from incarceration will increase from 30 to
45 days.
The process will be clarified for re-arresting and criminally charging sex
offenders who refuse to provide or give false addresses before their release
from incarceration.
Sex offenders will be required to register their places of employment with
local law enforcement.
Summary of changes to Alabama’s Sex Offender
Registration and Community Notification Statutes
made by Act 2005-301. Effective October 1, 2005 (Cont.)
Act 2005-301 will effect the following changes in existing law:
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Sex offenders will be required to bi-annually verify their places of residence
without being prompted to do so by the Department of Public Safety.
Effective September 1, 2006 the Department of Public Safety will identify
sex offenders on driver’s licenses and identification cards, and sex offenders
will be required to have and possess such a card.
Youthful offender criminal sex offenders will be required to undergo sex
offender treatment and receive a risk assessment before being released.
Law Enforcement and prosecutors will be entitled to information regarding
juveniles and youthful offenders that is needed to implement and enforce
the Community Notification Act.