117464-2:n:02/11/2010:FC/tj LRS2010-259

To amend Sections 15-18-171, 15-20-20.1, 15-20-21, 15-20-22, as amended by Act 2009-619, 2009 Regular Session (Acts 2009, p. 1791), 15-20-23, 15-20-23.1, 15-20-24, 15-20-25, 15-20-25.1, 15-20-25.2, 15-20-25.3, 15-20-26, 15-20-26.2, 15-20-28, 15-20-29, 15-20-30, 15-20-31, 15-20-32, 15-20-33, 15-20-34, 15-20-35, 15-20-36, 15-22-28, and 15-22-36 of the Code of Alabama 1975, relating to community punishment and corrections and community notification of released convicted sex offenders; to provide further for definitions; to provide further for adult criminal sex offender's requirements prior to release, transfer, and establishment of legal residence, notice of intent to change place of employment, verification of residence; community notification procedures, registration by nonresident workers and students, notice of employment and enrollment at school or institution of higher education, locations where offender cannot reside, and identity documentation; to provide further for juvenile criminal sex offender risk assessment and notification, prior release requirements, residence verification, when treated as an adult, exemptions, and disclosure information; to provide penalties; to add Sections 15-20-21.1, 15-20-24.1, 15-20-24.2, 15-20-25.4, 15-20-26.3, and 15-20-39 to the Code of Alabama 1975, to provide for application to current sex offenders; to provide for venue; when absent from residence for more than 72 hours; to provide verification of the most current release of an adult criminal sex offender; to provide for the terms and conditions of probation of an adult sex offender; to provide for failure to register in person; and to provide penalties; to establish the crime of indecent exposure toward a child and to provide penalties; to create the crime of aiding and abetting a convicted sex offender and to provide penalties; to create the crime of video voyeurism and to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

§15-18-171.

"As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires:

"(1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein.

"(2) AUTHORITY. The Community Punishment and Corrections Authority defined in subdivision (6).

"(2)(3) BOARD. The Board of Directors of the authority Community Punishment and Corrections Authority.

"(3)(4) COMMISSIONER. The Commissioner of the Department of Corrections.

"(4)(5) COMMUNITY. The county or counties comprising one or more judicial circuits.

"(5)(6) COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions of this article, also known as the "authority" as used in this article.

"(6)(7) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as an alternative to incarceration and maintained by a county commission or an authority or nonprofit entity for the purpose of punishing and for correcting a person convicted of a felony or misdemeanor or adjudicated a youthful offender and which may be imposed as part of a sanction, including, but not limited to confinement, work release, day reporting, home detention, restitution programs, community service, education and intervention programs, and substance abuse programs.

"(7)(8) COMMUNITY PUNISHMENT AND CORRECTIONS PLAN. A document prepared by the county commission or an authority, or nonprofit entity, and submitted to the Department of Corrections in accordance with the requirements set forth in the application process and procedure, which identifies proposed community-based programs to be implemented within the county in accordance with the terms of this article and justifies the funding of such programs with regard to local need and community support.

"(8)(9) COUNTY COMMISSION CHAIRPERSON. The chair of the county commission or his or her representative.

"(9)(10) COUNTY INMATE. A person convicted of a misdemeanor.

"(10)(11) COURT. The trial judge exercising sentencing jurisdiction over an eligible offender under this article and includes any successor of the trial judge.

"(11)(12) DEPARTMENT. The Department of Corrections.

"(12)(13) DIVISION. The Community Corrections Division within the department that is the state administrative agency responsible for administering this article and assisting in establishing and maintaining community based punishment programs.

"(13)(14) ELIGIBLE. A person who has committed an offense not excluded by subdivision (14)(15) and who meets the criteria of Section 15-18-175.

"(14)(15) EXCLUDED FELONY OFFENDERS. One who is convicted of any of the following felony offenses: murder Murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, selling or trafficking in controlled substances, robbery in the first degree, sexual abuse in the first degree, forcible sex crimes, lewd and lascivious acts upon a child, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled, or any criminal sex offense as defined in Section 15-20-21.

"(15)(16) GOVERNING BODY. With respect to a county, its county commission or other like governing body exercising the legislative functions of a county.

"(16)(17) INCORPORATORS. The persons forming a public corporation pursuant to this article.

"(17)(18) NONPROFIT ENTITY. Any not-for-profit organization, agency, or other entity other than a community punishment and corrections authority that provides treatment, guidance, training, or other rehabilitation services to individuals, families, or groups in such areas as health, education, vocational training, special education, social services, psychological counseling, and alcohol and drug treatment.

"(18)(19) PLAN. The community punishment and corrections plan defined in subdivision (7)(8).

"(19)(20) RECIPIENT. Any entity receiving directly or indirectly any financial grant or contractual remuneration under this article.

"(20)(21) RENOVATION. The repair, remodeling, alteration, or expansion of existing buildings or structures to make them habitable or suitable for community punishment and corrections program operations, and includes the acquisition and installation of necessary equipment.

"(21)(22) RESTITUTION. Payment to the victim who has suffered financial losses as a result of a crime. Restitution shall include, but not be limited to, payment in cash or in kind for the value of stolen or damaged property; for medical expenses due to physical, emotional, or psychological trauma; wages lost as a result of time absent from work; and value of property lost or transferred through theft or exercise of control by deception or fraud.

"(22)(23) STATE INMATE. A person convicted of a felony.

"(23)(24) USER FEES. Fees assessed against an offender under a community punishment and corrections program to help defray the costs of such programs.

"(24)(25) VICTIM SERVICE OFFICER. A person employed to directly assist crime victims and their families with court attendance, restitution, compensation, property return, victim impact statements, and other needs expressed.

"(25)(26) YOUTHFUL OFFENDER. A person adjudicated as a youthful offender.

§15-20-20.1.

"The Legislature finds that the danger of recidivism posed by criminal sex offenders and that the protection of the public from these offenders is a paramount concern or interest to government. The Legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information about criminal sex offenders who live within their jurisdiction and that the lack of information shared with the public may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.

"The system of registering criminal sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving incidents involving sexual abuse and exploitation promptly. It will allow them to alert the public when necessary for the continued protection of the community.

"Persons found to have committed a criminal sex offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offender's due process and other rights, and the interests of public security, the Legislature finds that releasing information about criminal sex offenders to law enforcement agencies and, providing access to or releasing such information about criminal sex offenders to the general public, will further the primary government interest of protecting vulnerable populations and in some instances the public, from potential harm. The Legislature further finds that residency and employment restrictions for criminal sex offenders provide additional protections to vulnerable segments of the public such as schools and child care facilities.

"Juvenile criminal sex offenders, like their adult counterparts, pose a danger to the public. Research has shown, however, that there are significant differences between adult and juvenile criminal sexual offenders. Juveniles are much more likely to respond favorably to sexual offender treatment. Juvenile offenders have a shorter history of committing sexual offenses. They are less likely to have deviant sexual arousal patterns and are not as practiced in avoiding responsibility for their abusive behavior. Juveniles are dependent upon adults for food and shelter, as well as the emotional and practical support vital to treatment efforts. Earlier intervention increases the opportunity for success in teaching juveniles how to reduce their risk of sexually re-offending. The Legislature finds that juvenile criminal sex offenders should be subject to the Community Notification Act, but that certain precautions should be taken to target the juveniles that pose the more serious threats to the public.

"Therefore, the state policy is to assist local law enforcement agencies' efforts to protect their communities by requiring criminal sex offenders to register, record their address of residence, to be photographed, fingerprinted, to authorize the release of necessary and relevant information about criminal sex offenders to the public, to mandate residency and employment restrictions upon criminal sex offenders, and to provide certain discretion to judges for application of these requirements as provided in this article.

"The Legislature declares that its intent in imposing certain reporting and monitoring requirements on criminal sex offenders and requiring community notification of the residence and workplace of criminal sex offenders is not to punish sex offenders, but to protect the public, especially children, from convicted criminal sex offenders.

§15-20-21.

"For purposes of this article, the following words shall have the following meanings:

"(1) ADULT CRIMINAL SEX OFFENDER. A person convicted of a criminal sex offense, including a person who has pleaded nolo contendere to a criminal sex offense, regardless of whether adjudication was withheld. Except as otherwise specifically provided in this article, this article applies regardless of whether a conviction or adjudication occurred before, on, or after the effective date of this act.

"(2) CHILD CARE FACILITY. A licensed daycare center, a licensed child care facility, or any other child care service that is exempt from licensing pursuant to Section 38-7-3.

"(3) COMMUNITY NOTIFICATION FLYER. This notification shall include the following information on the adult criminal sex offender:

"a. Name; actual living address;, including any aliases.

"sex; b. Sex.

"date c. Date of birth;.

"d. Address of the adult criminal sex offender's residence, and if the adult criminal sex offender does not have a residence address, other information about where the adult criminal sex offender has his or her home or habitually lives, including, but not limited to, information about a certain part of the city that is the adult criminal sex offender's habitual locale, where the adult criminal sex offender stations himself or herself during the day or sleeps at night, shelters among which the adult criminal sex offender circulates, and/or bridges.

"e. complete Complete physical description, including distinguishing features such as scars, birth marks birthmarks, or any identifying physical characteristics; and a.

"f. A current photograph.

"g. This notification shall also include a A statement of the criminal sex offense for which he or she has been convicted, including the.

"h. The age and gender of the victim, the.

"i. The geographic area where the offense occurred, and the.

"j. The date upon which the adult criminal sex offender will be released. This notification shall also include a

"k. A statement that the same information listed in paragraphs a. to j., inclusive, is on file at the sheriff's office and police headquarters, if a police department has jurisdiction over the adult criminal sex offender's residence, and that the information will be available to the general public for inspection and identification purposes during regular business hours.

"(4) CRIMINAL SEX OFFENSE. Any of the following offenses:

"a. Rape in the first or second degree, as proscribed by Section 13A-6-61 or 13A-6-62; provided that a sentencing court may exempt from this article a juvenile or youthful offender criminal sex offender for a criminal sex offense as defined in Section 13A-6-62(a)(1).

"b. Sodomy in the first or second degree, as proscribed by Section 13A-6-63 or 13A-6-64.

"c. Sexual misconduct, as proscribed by Section 13A-6-65.

"c.d. Sexual torture, as proscribed by Section 13A-6-65.1.

"d.e. Sexual abuse in the first or second degree as proscribed by Section 13A-6-66 or 13A-6-67.

"e.f. Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as proscribed by Section 13A-6-69.

"f.g. Promoting prostitution in the first or second degree, as proscribed by Section 13A-12-111 or 13A-12-112.

"g.h. Violation of the Alabama Child Pornography Act, as proscribed by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197.

"h.i. Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"i.j. Incest, as proscribed by Section 13A-13-3, when the offender is an adult and the victim is a minor.

"j.k. Soliciting a child by computer for the purposes of committing a sexual act and transmitting obscene material to a child by computer, as proscribed by Sections 13A-6-110 and 13A-6-111.

"l. Indecent exposure toward a child, as proscribed by Section 3.

"m. Video voyeurism, as proscribed by Section 4.

"n. Any violation of 18 U.S.C. §§ 1591, 2241, 2242, 2243, 2244, 2245, 2251, 2251A, 2252, 2252A, 2252B, 2252C, 2260, 2421, 2422, 2423, 2424, or 2425; a military offense specified by the Secretary of Defense of the United States under Section 115(a)(8)(C)(i) of Public Law 105-119.

"k.o. Any solicitation, attempt, or conspiracy to commit any of the offenses listed in paragraphs a. to j.n., inclusive, and q.

"l.p. Any crime committed in any state, including Alabama, or a federal jurisdiction, military jurisdiction or jurisdiction governed by the Uniform Code of Military Justice, Indian tribal jurisdiction recognized by the United States or the State of Alabama, or a foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in paragraphs a. to k. o., inclusive. A foreign country conviction is not a criminal sex offense for purposes of this act if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused as established by the United States Department of State.

"m.q. The foregoing notwithstanding, 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 and lascivious conduct, taking indecent liberties with a child, video voyeurism, or molestation of a child. Guidance may be provided by the statutory elements thereof.

"r. Notwithstanding any other provision of law, any offender determined in any other state or jurisdiction to be a sex offender shall be considered a sex offender in this state.

"(5) CRIMINAL SEX OFFENSE INVOLVING A CHILD. A conviction for any criminal sex offense in which the victim was a child under the age of 12 and or any offense involving child pornography.

"(6) EMPLOYMENT. Includes employment that is full-time or part-time for any period, whether financially compensated, volunteered, or for the purpose of government or educational benefit, self-employment, or employment as an independent contractor or day laborer.

"(7) JUVENILE CRIMINAL SEX OFFENDER. An individual adjudicated delinquent of a criminal sex offense. Juvenile criminal sex offenders who were age 14 and older at the time the offense was committed and who, after the effective date of this act, have been found guilty of any of the following offenses or any solicitation, attempt, or conspiracy to commit any of the following offenses are treated as adult criminal sex offenders for the purposes of this act:

"a. Rape in the first degree.

"b. Sexual abuse in the first degree.

"c. Sexual torture.

"d. Sodomy in the first degree.

"e. Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"f. Rape in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-62.

"g. Sodomy in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-64.

"h. 18 U.S.C. §2241.

"i. 18 U.S.C. §2242.

"j. 18 U.S.C. §2244.

"(8) LOCAL LAW ENFORCEMENT OFFICIAL.

"a. In Alabama, the sheriff of the county in which the sex offender is registered or required to register under this article, unless conduct that is registerable under this article occurs within the police jurisdiction of a municipality with a police department, then in such case shall be the chief of police of that municipality.

"b. In any other state or tribal jurisdiction, the appropriate local registration authority.

"(9) LODGING. Includes locations where an individual has his or her place of abode, dwelling, quarters, or sleeping accommodations.

"(8)(10) MENTAL ABNORMALITY. A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sex offense to a degree that makes the person a menace to the health and safety of other persons.

"(9)(11) PREDATORY. An act directed at a stranger, or a person with whom a relationship has been established, or promoted for the purpose of victimization.

"(10)(12) RELEASE. Release from a state, federal, military, Indian, or foreign country prison or custody, county jail, or municipal jail, or any mental health facility, or release or discharge from the custody of the Department of Youth Services or other juvenile detention, or placement on an appeal bond, probation or parole or aftercare, or placement into any facility or treatment program that allows the offender to have unsupervised access to the public.

"(13) REQUIRED ONLINE IDENTIFIER. Any electronic e-mail address information or instant message, chat, social networking, or other similar Internet communication name and/or identifier, or any other designations or monikers used by a sex offender for routing or self-identification in Internet communications or postings, whether belonging to the sex offender or another person, but does not include Social Security number, date of birth, or bank or financial institution personal identification number.

"(11)(14) RESPONSIBLE AGENCY.

"a. The person or government entity whose duty it is to obtain information from a criminal sex offender before release and to transmit that information to police departments or sheriffs responsible for providing community notification. For a criminal sex offender being released from state prison, the responsible agency is the Department of Corrections. For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county. For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality. For a criminal sex offender being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court. For a criminal sex offender being released from the Department of Youth Services, the responsible agency is the Department of Youth Services. For a criminal sex offender who is being released from a jurisdiction outside this state, and who is to reside in this state, the responsible agency is the Department of Public Safety. For a sex offender being released from a mental health facility, the responsible agency is the Department of Mental Health and Mental Retardation.

"b. For purposes of registering federal, military, Indian, or foreign country sex offenders, the responsible agency is the Department of Public Safety.

"(12)(15) RISK ASSESSMENT. A written report on the assessment of risk for sexually re-offending conducted by a sexual treatment program approved by the Department of Youth Services. The report shall include, but not be limited to, the following regarding the juvenile criminal sex offender: Criminal history, mental status, attitude, previous sexual offender treatment and response to treatment, social factors, conditions of release expected to minimize risk of sexual re-offending, and characteristics of the criminal sex offense.

"(13)(16) SCHOOL. A licensed or accredited public or private school, or church school, that offers instruction in grades K-12. This definition shall not include private residences in which students are taught by parents or tutors.

"(14)(17) SENTENCING COURT. The court of conviction or the court that determines sentence as a result of conviction or adjudication.

"(18) SEX OFFENDER. Includes any adult criminal sex offender or any juvenile criminal sex offender.

"(15)(19) SEXUALLY VIOLENT PREDATOR. A person who has been convicted of a criminal sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory criminal sex offenses. or who has been twice previously convicted of any of the following offenses, or any solicitation, attempt, or conspiracy to commit any of the following offenses:

"a. Rape in the first degree.

"b. Sexual abuse in the first degree.

"c. Sexual torture.

"d. Sodomy in the first degree.

"e. Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"f. Rape in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-62.

"g. Sodomy in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-64.

"h. 18 U.S.C. §2241.

"i. 18 U.S.C. §2242.

"j. 18 U.S.C. §2244.

"(16)(20) STUDENT. A person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any schools as defined in subdivision (13)(16).

"(21) TEMPORARY LODGING INFORMATION. Lodging information including, but not limited to, information about where the sex offender is staying when away from his or her residence for five or more days, including information identifying the place and period of time the sex offender is staying at that location.

"(17)(22) YOUTHFUL OFFENDER CRIMINAL SEX OFFENDER. An individual adjudicated a youthful offender for a criminal sex offense."

§15-20-22.

"(a) One hundred eighty days prior to the release of an adult criminal sex offender, or within a reasonable time for sentences of 180 days or less, the following shall apply:

"(1) The responsible agency shall require the adult criminal sex offender to declare, in writing register, by means of written declaration, or by electronic other means approved by the Director of the Department of Public Safety, the actual physical address at which he or she will reside or live upon release and the name and physical address of his or her employer, if any. The actual physical address at which he or she will reside or live upon release shall be verified by the local law enforcment agency prior to release. information including, but not limited to:

"a. The adult criminal sex offender's name and any aliases.

"b. Date of birth or any purported date(s) of birth.

"c. Social Security number or any purported Social Security number(s).

"d. Phone numbers and any other designations used by the adult criminal sex offender for purposes of routing or self-identification in telephonic communications, both for fixed location and cellular phones.

"e. Required online identifiers.

"f. Digital or electronic copies of all passport and immigration documents.

"g. The address of the residence at which the adult criminal sex offender will reside upon release, and if the adult criminal sex offender does not have any expected residence address, other information about where the adult criminal sex offender will have his or her home or will habitually live, including, but limited to, information about a certain part of the city that will be the adult criminal sex offender's habitual locale, where the adult criminal sex offender will station himself or herself during the day or will sleep at night, shelters among which the adult criminal sex offender will circulate, and bridges or any other temporary lodging information, if applicable.

"h. In addition to registering a physical address, any post office box to which the adult criminal sex offender will have access.

" i. The name and physical address of any place where the adult criminal sex offender will be an employee.

"j. All professional licenses that authorize the adult criminal sex offender to engage in an occupation or carry out a trade or business.

"k. The name and address of any place where the adult criminal sex offender is or will be a student.

"l. The license plate number and registration number or identifier and a description of any vehicle owned or operated by the adult criminal sex offender, including any vehicles for work or personal use, land vehicles, aircraft, or watercraft.

"m. The permanent or frequent location of where all of the adult criminal sex offender's vehicles will be kept.

"(2) The responsible agency shall include in the sex offender's registration information all of the following:

"a. A physical description of the adult criminal sex offender, including information about any identifying physical characteristics such as scars, birthmarks, or tattoos.

"b. The text of the provision of law defining the criminal sex offense for which the adult criminal sex offender will be registered.

"c. The criminal history of the adult criminal sex offender including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the adult criminal sex offender.

"d. A current photograph of the adult criminal sex offender.

"e. A set of the adult criminal sex offender's fingerprints and palm prints.

"f. A photocopy of any valid driver's license or identification card issued to the adult criminal sex offender by any jurisdiction.

"(3) In addition, the actual physical address at which the adult criminal sex offender will reside, live, or habitually live, as described in subdivision (1) of subsection (a), upon release must be verified by the local law enforcement agency prior to release. This verification by local law enforcement shall include determining whether the address complies with this article. At least 110 days before a scheduled release, or within a reasonable time for sentences of 180 days or less, the local law enforcement agency shall notify the responsible agency whether or not the address was verified and whether or not the address complies with this article. If the address cannot be verified or does not comply with this article, the responsible agency, at least 100 days prior to the scheduled release , or within a reasonable time for sentences of 180 days or less, shall notify the adult criminal sex offender that the provided address does not satisfy the requirements of this section, shall inform the adult criminal sex offender of the reason that the provided address does not satisfy the requirements of this section, and shall provide written notice to the adult criminal sex offender that he or she shall be considered in violation of this section and shall be subject to the penalties provided in this subsection unless he or she provides a verifiable actual physical address at which he or she will reside or live upon release in compliance with this article at least 70 days prior to his or her scheduled release, or within a reasonable time for sentences of 180 days or less, as provided in this subsection. If the adult criminal sex offender provides a new physical address at which he or she will reside or live upon release, the verification process set out herein shall be conducted for the new physical address to determine whether the address complies with this article. Any failure by the adult criminal sex offender to comply with the requirements of this section shall constitute a Class C felony. Any adult criminal sex offender in violation of this section shall be ineligible for release on probation or parole. Any adult criminal sex offender in violation of this section who is to be released due to the expiration of his or her sentence shall be treated as follows:

"a. If the offender has not accumulated any incentive time pursuant to Section 14-9-41 or any other law, he or she shall be charged with violating this section. At least five days prior to his or her release date, the Department of Corrections shall notify the sheriff in the county where the last conviction for a criminal sex offense took place, which county shall be the proper venue for arrest and prosecution of violation of this section. Upon notice of the release date, the sheriff from the county of the last conviction for a criminal sex offense shall make arrangements to have the offender immediately remanded to his or her custody at the time of release. Any adult criminal sex offender charged with violating this section may only be released on bond on the condition that the offender is in compliance with this section before being released.

"b. If the offender has accumulated correctional incentive time pursuant to Section 14-9-41 or any other law, the offender shall be charged with non-compliance with this section and shall not be allowed early release, but instead shall forfeit all correctional incentive time that has accrued pursuant to Section 14-9-41, or other good time allowed by law.

"(2)(4) If the adult criminal sex offender declares his or her intent to reside, or be employed, or be a student outside of the state, the responsible agency, within five three business days of the declarations required by this article, shall notify the Director of forward the adult criminal sex offender's registration information to the Department of Public Safety of the state, the Attorney General of the state, or the designated state law enforcement agency and the sheriff of the county of the state to which the adult criminal sex offender has declared his or her intent to move or in which he or she intends to reside, be employed, and shall also notify the Alabama Criminal Justice Information Center or be a student. The notification forwarded information shall include all information available to registered by the adult criminal sex offender with the responsible agency which would be necessary to identify and trace the adult criminal sex offender, including, but not limited to, the offender's declared places of residence and employment, each sex offense history or pre-sentence investigation of the sex offense, fingerprints, and a current photograph of the adult criminal sex offender as required in subdivision (1) of subsection (a).

"(3)(5) If the adult criminal sex offender declares his or her intent to reside, live, or be employed, or be a student within this state, the responsible agency shall, within five three business days of the written declaration, notify forward the adult criminal sex offender's registration information to the Attorney General, the Director of the Department of Public Safety, the Alabama Criminal Justice Information Center, the district attorney, and the sheriff of any county in which all local law enforcement officials where the adult criminal sex offender intends to reside, or be employed, or be a student. the chief of police of any municipality in which the adult criminal sex offender intends to reside or be employed, and the Alabama Criminal Justice Information Center. The notification shall include all information available to the responsible agency which would be necessary to identify and trace the adult criminal sex offender, including, but not limited to, the offender's declared places of residence and employment, each sex offense history or pre-sentence investigation of the sex offense, fingerprints, and a current photograph of the criminal sex offender.

"(b) Upon receiving notice from any state, federal, military, Indian, or foreign country jurisdiction that an adult criminal sex offender will reside, will be employed, or will be a student in this state, the Department of Public Safety, within 24 hours of receiving such notice, shall transmit information regarding the adult criminal sex offender to all local law enforcement officials where the adult criminal sex offender will reside, will be employed, or will be a student. Such adult criminal sex offender who intends to reside, be employed, or be a student in this state must report in person, within three business days of establishing residence, establishing employment, or becoming a student after release from incarceration, or if not incarcerated, within three business days from sentencing, to register the information required in subdivision (1) of subsection (a) with all local law enforcement officials where the adult criminal sex offender resides, is employed, or is a student. The local law enforcement officials shall forward the adult criminal sex offender's registration information to the Attorney General, the Department of Public Safety, the Alabama Criminal Justice Information Center, and the district attorney of any county in which the adult criminal sex offender resides, is employed, or is a student. Any adult criminal sex offender who fails to comply with the required registration shall be guilty of a Class C felony.

"(4)(c)(1) The Alabama Criminal Justice Information Center shall be responsible for notifying the Federal Bureau of Investigation with sex offender information upon receiving this information from the responsible agency. Measures and shall be taken to ensure this information is submitted to and included in the national database of sex offenders established pursuant to 42 U.S.C. § 14072.

"(2) Within three business days of receiving a sex offender's registration information, the Alabama Criminal Justice Information Center shall also be responsible for forwarding required registration information to the following entities:

a. All local law enforcement officials within this state where the sex offender resides, is an employee, or is a student.

"b. All local law enforcement officials outside of this state where the sex offender resides, is an employee, or is a student.

"c. Each state or foreign country from or to which a change of residence, employment, or student status occurs.

"d. The U.S. Marshals Service if the sex offender intends to reside, be employed, or be a student in a foreign country.

"e. The National Sex Offender Registry.

"f. Any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993, 42 U.S.C. §5119a.

"(5)(3) Upon conviction and again prior to requiring the adult criminal sex offender to provide the address described in subdivision (1), the responsible agency shall provide the adult criminal sex offender with a form, promulgated by the Attorney General's Office, that lists the requirements of this article. All other adult criminal sex offenders, including those who have already been released, shall be provided with this form at the next scheduled date following May 21, 2009, that he or she is required to present in person the completed verification form mandated by subsection (b) of Section 15-20-24. The adult criminal sex offender shall acknowledge receipt of the form by signing it in the designated space. This form shall remain in the adult criminal sex offender's file at the Department of Public Safety. All adult criminal sex offenders must read and sign the form stating that the duty to register has been explained to the adult criminal sex offender and that the adult criminal sex offender understands the registration requirements of this act. If the adult criminal sex offender is unable to read or write, then he or she shall be exempt from the requirements of this subsection which he or she is unable to meet and in such cases, the adult criminal sex offender shall have the form read to him or her and shall sign his or her name or otherwise sign his or her mark on the form. This form shall remain in the adult criminal sex offender's file that shall be kept at the Department of Public Safety. The responsible agency must ensure that the adult criminal sex offender is registered.

"(b)(d) If a sentencing court does not impose a sentence of incarceration upon conviction of the adult criminal sex offender for a criminal sex offense, the adult sex offender shall at the time of sentencing register the information required in subdivision (1) of subsection (a) with the sentencing court and notification shall be provided by the responsible agency in accordance with subdivisions (4) and (5) of subsection (a) within 24 hours of release. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

"(c)(e) Prior to release At the time of registration, every adult criminal sex offender convicted for a criminal sex offense shall submit to the probation officer or sheriff responsible agency a DNA sample that will be sent to the Department of Forensic Sciences for purposes of analysis and entry of the resulting DNA profile into the Combined DNA Index System (CODIS). An adult criminal sex offender who intentionally fails to provide a DNA sample shall be guilty of a Class C felony.

"(d)(f) If an adult criminal sex offender is unable to declare a place of employment prior to release because he or she is unemployed, the offender shall declare in writing or by electronic means approved by the Director of the Department of Public Safety the name and physical address of his or her employer to the sheriff of the county and chief of police of the municipality in which local law enforcement official where the offender is employed by the end of the next business day after he or she obtains employment. Any failure to provide a timely and accurate written declaration as required by this section is a Class C felony.

"(g) Notwithstanding any other provisions of law, no court shall permit an adult criminal sex offender convicted of a felony criminal sex offense to be released from custody on bond after conviction prior to sentencing.

"(h) All sex offender information that is required to be collected or shared by any law enforcement agency or responsible agency of this state shall be available and maintained in digitized format so that it can be immediately accessed by or transmitted to various entities. The registry, maintained by the Department of Public Safety, must be an electronic database so that included information can be electronically transmitted to or accessed by other jurisdictions and entities as required by law, and descriptions of required types of sex offender information should be construed by any entity as referring to digitizable information rather than hard copies or physical objects.

§15-20-23.

"(a) If an adult criminal sex offender intends to transfer his or her residence to a different location within this state, he or she shall submit a notice of intent to move present himself or herself in person to the sheriff of the county and the chief of police of the municipality in which local law enforcement official where he or she currently resides, and to the sheriff of the county and chief of police of the municipality to which he or she plans to move, if such are different, to give notice of his or her intent to move at least 30 days prior to moving to the new location. The notice of intent to move shall be on a form developed by the Department of Public Safety provided by the sheriff and shall include all the information required by this article for community notification. Failure to provide a timely and accurate written declaration shall constitute a Class C felony. Within three business days of receiving such notice, the local law enforcement official shall forward the adult criminal sex offender's registration information to the local law enforcement official where the adult criminal sex offender has declared his or her intent to move, and to the local law enforcement official of any other state or tribal jurisdiction where the sex offender is required to register. Within three business days of moving to the new location, the adult criminal sex offender shall present himself or herself in person to the local law enforcement official where he or she is newly residing to verify the information provided during his or her in-person notice of intent to move. Within three business days of the adult criminal sex offender's in-person registration update, the local law enforcement official where he or she is newly residing shall forward the adult criminal sex offender's registration information within three business days, to the Department of Public Safety, the Alabama Criminal Justice Information Center, and the local law enforcement official where the adult criminal sex offender ceased to reside. If the adult criminal sex offender fails to present himself or herself in person to the local law enforcement official where he or she is newly residing, the local law enforcement official where he or she is newly residing shall immediately notify the local law enforcement official where the adult criminal sex offender submitted his or her notice of intent to move. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

"(b) If an adult criminal sex offender intends to transfer his or her residence to a location outside of this state, he or she shall present himself or herself in person to the local law enforcement official where he or she currently resides to give notice of his or her intent to move at least 30 days prior to moving to the new location. The notice of intent to move shall be on a form developed by the Department of Public Safety provided by the local law enforcement official and shall include all the information required by this article for community notification. The local law enforcement official shall forward the adult criminal sex offender's registration information within three business days, to the Department of Public Safety of the state, the Attorney General of the state, and the sheriff of the county to which the adult criminal sex offender has declared his or her intent to move. The forwarded information shall include all information registered by the adult criminal sex offender with the local law enforcement official as required in subdivision (1) of subsection (a) of Section 15-20-22. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

"(c) If an adult criminal sex offender transfers his or her residence from a location outside of this state to a location inside of this state, he or she shall be required to register in person with the local law enforcement official where he or she newly resides within three business days of entering this state. The adult criminal sex offender shall register all information as required in subdivision (1) of subsection (a) of Section 15-20-22. The local law enforcement official shall forward the adult criminal sex offender's registration information to the Department of Public Safety and the Alabama Criminal Justice Information Center. The forwarded information shall include all information registered by the adult criminal sex offender with the local law enforcement official as required in subdivision (1) of subsection (a) of Section 15-20-22. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony. The Department of Public Safety shall annually notify other states of the requirements of this subsection.

"(b)(d) Notwithstanding other provisions of law regarding establishment of residence, an adult criminal sex offender shall be deemed to have established a new residence in any of the following circumstances:

"(1) Whenever that adult criminal sex offender is domiciled in the same place for three consecutive days or more.

"(2) Whenever that adult criminal sex offender is domiciled following his or her release, regardless of whether that adult criminal sex offender has been domiciled at the same location prior to the time of conviction.

"(3) Whenever an adult criminal sex offender spends 10 or more aggregate days at a location during a calendar month.

§15-20-23.1.

"(a) If an adult criminal sex offender intends to change his or her place of employment within this state, he or she shall submit a present himself or herself in person to the local law enforcement officials where he or she is both currently residing and employed, if such are different, and give notice of his or her intent to do so to the sheriff of the county and the chief of police of the municipality in which he or she is then employed and to the sheriff of the county and chief of police of the municipality in which he or she intends to be employed, if such are different, at least seven days prior to beginning employment at the new location. An intentional failure to provide a timely and accurate written declaration shall constitute a Class C felony. Within three business days of receiving such notice, the local law enforcement officials shall forward the adult criminal sex offender's registration information to the local law enforcement official where the adult criminal sex offender has declared his or her intent to change place of employment and to the local law enforcement official of any other state or tribal jurisdiction where the sex offender is required to register. Within three business days of beginning employment at a new location, the adult criminal sex offender shall present himself or herself, in person, to the local law enforcement official where he or she is newly employed to verify his or her registration information. Within three business days of the adult criminal sex offender's in-person registration update, the local law enforcement official shall forward the adult criminal sex offender's registration information to the Attorney General, the Department of Public Safety, the Alabama Criminal Justice Information Center, and all local law enforcement officials where the adult criminal sex offender ceased to be employed, currently resides, and currently is a student, if applicable. If the adult criminal sex offender fails to present himself or herself in person to the local law enforcement official where he or she is newly employed, the local law enforcement official where he or she is newly employed shall immediately notify the local law enforcement officials where the adult criminal sex offender submitted his or her notice of intent to change place of employment. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

"(b) If an adult criminal sex offender intends to change his or her place of employment to a location outside of this state, he or she shall present himself or herself, in person, to the local law enforcement officials where he or she is both currently residing and employed to give notice of his or her intent to change place of employment at least seven days prior to beginning employment at the new location. Within three business days of receiving the adult criminal sex offender's notice of intent to change place of employment, the local law enforcement official shall forward the adult criminal sex offender's registration information to the Department of Public Safety of the state, the Attorney General of the state, and the sheriff of the county to which the adult criminal sex offender has declared his or her intent to be employed and to the local law enforcement official of any other state or tribal jurisdiction where the adult criminal sex offender is required to register. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

"(c) If an adult criminal sex offender transfers his or her place of employment from a location outside of this state to a location inside of this state, he or she shall be required to register in person with the local law enforcement official where he or she is newly employed within three business days of beginning employment. The adult criminal sex offender shall register all information as required in subdivision (1) of subsection (a) of Section 15-20-22. The local law enforcement official shall forward the adult criminal sex offender's registration information to the Department of Public Safety and the Alabama Criminal Justice Information Center and to the local law enforcement official of any other state or tribal jurisdiction where the adult criminal sex offender is required to register. The forwarded information shall include all information registered by the adult criminal sex offender with the local law enforcement official as required in subdivision (1) of subsection (a) of Section 15-20-22. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

§15-20-24.

"(a)(1) Sixty days after an adult criminal sex offender's most current release and, except during ensuing periods of incarceration, thereafter on the anniversary date of an adult criminal sex offender's birthday occurring more than 90 days after the release and the date six months after the anniversary date of an adult criminal sex offender's birthday occurring more than 90 days after the release, the Department of Public Safety shall mail a non-forwardable verification form to the address of the adult criminal sex offender. The sheriff, or chief of police where applicable, where the adult criminal sex offender resides shall be notified of the pending verification and whether the verification form was received by the adult criminal sex offender.

"(2) Sixty days after an adult criminal sex offender's most current release where such offender has been adjudged to be a sexually violent predator or has been found guilty of any of the following offenses or any solicitation, attempt, or conspiracy to commit any of the following offenses and, except during ensuing periods of incarceration, thereafter on the anniversary date of an adult criminal sex offender's birthday occurring more than 90 days after the release and on the dates three months, six months, and nine months after the anniversary date of an adult criminal sex offender's birthday occurring more than 90 days after the release, the Department of Public Safety shall mail a non-forwardable verification form to the address of the adult criminal sex offender:

"a. Rape in the first degree.

"b. Sexual abuse in the first degree.

"c. Sexual torture.

"d. Sodomy in the first degree.

"e. Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"f. Rape in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-62.

"g. Sodomy in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-64.

"h. 18 U.S.C. §2241.

"i. 18 U.S.C. §2242.

"j. 18 U.S.C. §2244.

"(3) The local law enforcement official where the adult criminal sex offender resides shall be notified of the pending verification and whether the verification form was received by the adult criminal sex offender.

"(b) Within 10 days of the receipt of the verification form, the adult criminal sex offender shall present in person the completed verification form to the sheriff, or chief of police where applicable, local law enforcement official where he or she resides who shall obtain fingerprints and a photograph of the adult criminal sex offender. The verification form shall be signed by the adult criminal sex offender and shall state that the adult criminal sex offender still resides at that address, verifies that his or her registration information is correct, and that the adult criminal sex offender is in compliance with the residence restrictions established in this article. In the event the adult criminal sex offender does not receive a verification form from the Department of Public Safety, the adult criminal sex offender must shall nonetheless report in person to the sheriff, or chief of police where applicable, local law enforcement official where he or she resides to verify his or her place of residence registration information within 90 days of his or her most recent release and thereafter each year within 30 20 days of the adult criminal sex offender's birthday and the date six months after the adult criminal sex offender's birthday.

"(c) Within 30 days of an adult criminal sex offender's address in-person verification, the Department of Public Safety shall, in accordance with guidelines promulgated by the Department of Public Safety, receive from the appropriate sheriff or chief of police local law enforcement official verification of the adult criminal sex offender's address and required online identifiers. Such guidelines shall ensure that address verification is accomplished with respect to these individuals and shall require the submission of fingerprints and photographs of the individuals.

"(d) An adult criminal sex offender who fails to verify his or her place of residence comply with the verification provisions in accordance with this section, provides a false statement to law enforcement in the verification process, or knowingly fails to permit law enforcement personnel to obtain fingerprints or a photograph, fails to provide every required online identifier, or uses a required online identifier before providing it to the local law enforcement official shall be guilty of a Class C felony. Any changes in registration information shall also be forwarded to the Alabama Criminal Justice Information Center by the local law enforcement official within three business days. The Department of Public Safety shall also forward any changes in registration information to all counties in which the adult criminal sex offender is registered and is required to register.

§15-20-25.

"(a) Within five three business days after the responsible agency provides notice of a release or intent to transfer residence of any adult criminal sex offender, an adult criminal sex offender initially registers or updates any of his or her registration information, 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 residence of the adult criminal sex offender, all hotels and motels within 1,000 feet of the declared residence of the adult criminal sex offender, and all schools and child care facilities within three miles of the declared residence of the adult criminal sex offender that the adult criminal sex offender will be establishing his or her 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 residence of the adult criminal sex offender, all hotels and motels within 1,500 feet of the declared residence of the adult criminal sex offender, and all schools and child care facilities within three miles of the declared residence of the adult criminal sex offender, that the adult criminal sex offender will be establishing his or her residence.

"(3) In all other municipalities with a resident population of less than 5,000, and in all unincorporated areas, the sheriff of the county in which the adult criminal sex offender intends to reside shall notify all persons who have a legal residence within 2,000 feet of the declared residence of the adult criminal sex offender, all hotels and motels within 2,000 feet of the declared residence of the adult criminal sex offender, and all schools and child care facilities within three miles of the declared residence of the adult criminal sex offender, that the adult criminal sex offender will be establishing his or her residence.

"(b) A community notification flyer shall be made by regular mail or hand delivered to all legal residences, hotels, and motels required by this section. In addition, any other method reasonably expected to provide notification may be utilized, including, but not limited to, posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult criminal sex offender, publicizing the notice in a local newspaper, or posting electronically, including the Internet, or by other means available.

"(c) The Department of Public Safety shall make available on the Internet, in a manner that is readily accessible to all jurisdictions and the public, certain information about each adult criminal sex offender in the registry. The Internet registry shall include:

"(1) The name of the adult criminal sex offender and any aliases.

"(2) The address at which the adult criminal sex offender resides, and if the adult criminal sex offender does not have a residence address, other information about where the adult criminal sex offender has his or her home or habitually lives, including, but not limited to, information about a certain part of the city that is the adult criminal sex offender's habitual locale, where the adult criminal sex offender stations himself or herself during the day or sleeps at night, shelters among which the adult criminal sex offender circulates, and/or bridges.

"(3) The address of any place where the adult criminal sex offender is an employee.

"(4) The address of any place where the adult criminal sex offender is a student.

"(5) The license plate number and a description of any vehicle owned or operated by the adult criminal sex offender.

"(6) A physical description of the adult criminal sex offender.

"(7) The criminal sex offense for which the adult criminal sex offender is registered and any other criminal sex offense for which the adult criminal sex offender has been convicted.

"(8) Notice if the adult criminal sex offender is in violation of registration provisions and/or cannot be located.

"(9) A current photograph.

"(10) Any links to sex offender safety and education resources.

"(11) Instructions on how to seek correction of information that an individual contends is erroneous.

"(12) A warning that information on the site should not be used to injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported address.

"(13) Field-search capabilities that allow for searches by name, county, city, and zip code.

"(d) The Internet registry shall not include the identity of any victim of a criminal sex offense other than the victim's age and gender; the adult criminal sex offender's Social Security number; arrests not resulting in conviction; and travel and immigration document numbers.

"(e) Whenever an adult criminal sex offender initially registers or updates any of his or her registration information, the information required to be included in the Internet registry pursuant to subsection (c) shall be posted on such registry within three business days. Additionally, the Internet registry shall include a function by which members of the public and organizations can request notification when an adult criminal sex offender commences residence, employment, or school attendance within zip code areas specified by the requester, where the requester provides an e-mail address to which notice is to be sent. Upon posting on the Internet registry of new residence, employment, or school attendance information for an adult criminal sex offender within an area specified by the requester, the system shall automatically send an e-mail notice to the requester that identifies the adult criminal sex offender, thus enabling the requester to access the jurisdiction's website and view the new information about the adult criminal sex offender.

"(f) The Department of Public Safety, at least quarterly, shall compile a list of those persons with a duty to register under this article who have failed to register, whose addresses cannot be verified, or who otherwise cannot be located. The Department of Public Safety shall post this list on the Internet registry and request the public's assistance in locating these persons.

"(c)(g) Nothing in this article shall be construed as prohibiting the Department of Public Safety, a sheriff, or a chief of police or a local law enforcement official from providing community notification under the provisions of this article electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an adult criminal sex offender.

§15-20-25.1.

"(a) Any adult criminal sex offender not a resident of this state shall nevertheless be required to register with law enforcement whenever the offender comes into this state to accept employment, to carry on a vocation, or to become a student. The offender shall also register any subsequent changes in his or her place of lodging, employment, or school being attended.

"(b) Any adult criminal sex offender required to register under this section shall, within five three business days after entering this state or changing his or her place of lodging, employment, or school being attended, provide a written declaration to the sheriff of the county and chief of police of the municipality in which shall register in person with all local law enforcement officials where the offender intends to work, or become a student, or lodge. This written declaration shall contain The adult criminal sex offender shall register all of the following:

"(1) Information concerning the registrant's place of employment or the school being attended.

"(2) The registrant's address in his or her state of residence.

"(3) The address of any place of lodging the registrant may have in this state for purposes of employment or attendance as a student.

"(4) Other information as would be necessary to complete a community notification flyer as defined in subdivision (3) of Section 15-20-21. Any information listed in subdivision (1) of subsection (a) of Section 15-20-22 except for subsection (g).

"(c) Whenever an adult criminal sex offender registers pursuant to this section, he or she shall be subject to the community notification procedures provisions set forth in Section 15-20-25. The adult criminal sex offender shall be treated as though he or she had transferred his or her place of residence to the place of lodging declared under subdivision (3) of subsection (b). If no place of lodging is declared or exists, the adult criminal sex offender shall be treated as though he or she had transferred his or her place of residence to the place of employment or the school being attended declared under subdivision (1) of subsection (b).

"(d) An intentional failure to provide a timely and accurate written declaration as required by this section shall constitute a Class C felony. A change in any of the information listed above under subsection (b) shall be reported in person to all local law enforcement officials in this state or any other state or tribal jurisdiction where the adult criminal sex offender resides, is or ceases to be a student, and is or ceases to be employed at an institution of higher education or school, if such are different, by the adult criminal sex offender within three business days after the change becomes effective. Within three business days of the adult criminal sex offender's in-person registration pursuant to this section, the local law enforcement official shall forward the adult criminal sex offender's registration information to the Department of Public Safety and the Alabama Criminal Justice Information Center, and to the local law enforcement official of any other state or tribal jurisdiction where the sex offender is required to register.

"(e) An adult criminal sex offender who fails to comply with the required registration provisions of this section shall be guilty of a Class C felony.

§15-20-25.2.

"(a) In addition to any other requirements of this article, an adult criminal sex offender shall provide written notice to the sheriff of the county and chief of police of the municipality in which register in person with all local law enforcement officials where the adult criminal sex offender resides, is a student, or is employed at an institution of higher education or school of the following:

"(1) Each institution of higher education or school at which the offender is employed, carries on a vocation, or is a student.

"(2) Each change in enrollment or employment status of the offender at an institution of higher education or school.

"(b) An adult criminal sex offender shall provide written notice register as required under subdivision (1) of subsection (a) within five three business days of becoming employed, carrying on a vocation, or becoming a student at an institution of higher education or school.

"(c) A change in status noticed under subdivision (2) of subsection (a) shall be reported in person to all local law enforcement officials in this state or any other state or tribal jurisdiction where the adult criminal sex offender resides, is or ceases to be a student, and is or ceases to be employed at an institution of higher education or school, if such are different by the adult criminal sex offender within five three business days after the change becomes effective. Within three business days of the adult criminal sex offender's in-person registration update, the local law enforcement officials from which a change occurs shall notify the local law enforcement officials to which a change is occurring. If the adult criminal sex offender fails to present himself or herself in person to the local law enforcement official where he or she is newly enrolled as a student or newly employed, the local law enforcement official shall immediately notify the local law enforcement official where the adult criminal sex offender gave notice of his or her intent to change enrollment or employment status.

"(d) Any written notice registration information provided to law enforcement under this section shall be forwarded to the Department of Public Safety and the Alabama Criminal Justice Information Center, both of which shall enter the registration information contained in the written notice in the appropriate state records or data system.

"(e) Any written notice registration information provided to law enforcement under this section shall also be forwarded to campus police, school resource officer, and any other security personnel of the school or institution of higher learning where the adult criminal sex offender is employed, carries on a vocation, or is a student.

"(f) An intentional failure to provide timely and accurate written notice as required by this section shall constitute a Class C felony. An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

§15-20-25.3.

"(a) Whenever an individual is convicted of a criminal sex offense in this state, the state, at the time of sentencing, may petition the sentencing court to enter an order adjudging the offender to be a sexually violent predator.

"(b) If the state so petitions, it shall present clear and convincing evidence that the offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory criminal sex offenses.

"(c) Any offender determined in any other state to be a sexually violent predator or the equivalent thereof shall be considered a sexually violent predator in this state.

"(d) Any adult criminal sex offender convicted who has two convictions for any of the offenses listed in paragraphs a. to h., inclusive, of subdivision (2) of subsection (a) of Section 15-20-24 shall be considered a sexually violent predator in this state.

"(d)(e) Sexually violent predators shall be required, upon release, to provide to the responsible agency, in addition to the information required to complete a community notification flyer as provided in subdivision (3) of Section 15-20-21:

"(1) A full history of criminal offenses committed by the offender.

"(2) Documentation of any treatment received for the mental abnormality or personality disorder of the offender.

"(e)(f) A sexually violent predator shall be required to verify his or her place of residence on a quarterly basis as provided in subdivision (2) of subsection (a) of Section 15-20-24, rather than an annual basis as is generally provided in subdivision (1) of subsection (a) of Section 15-20-24.

"(f)(g) A sexually violent predator, as a condition of the offender's release from incarceration, shall be subject to electronic monitoring and be required to pay the costs of such monitoring, as set forth in Section 15-20-26.1, for a period of no less than 10 years from the date of the sexually violent predator's release. This requirement shall be imposed by the sentencing court as a part of the sexually violent predator's sentence, as provided in Sections 13A-5-6(c) and 15-20-26.1.

"(g) An intentional failure to comply with any provision of this section shall constitute a Class C felony.

"(h) An adult criminal sex offender who fails to comply with the required registration provisions of this section shall be guilty of a Class C felony.

§15-20-26.

"(a) Unless otherwise exempted by law, no adult criminal sex offender shall establish a residence or any other living accommodation or accept employment within 2,000 feet of the property on which any school, or child care facility, Boys and Girls Club, or YMCA is located.

"(b) Unless otherwise exempted by law, no adult criminal sex offender shall establish a residence or any other living accommodation within 1,000 2,000 feet of the property on which any of his or her former victims, or the victims' immediate family members reside.

"(c) No adult criminal sex offender shall establish a residence or any other living accommodation where a minor resides nor remain at a residence or living accommodation where a minor subsequently establishes residence at the same residence or living accommodation. Notwithstanding the foregoing, an adult criminal sex offender may reside with a minor if the adult criminal sex offender is the parent, grandparent, or stepparent of the minor, after prior court approval in the case of a stepparent, unless one of the following conditions applies:

"(1) The adult criminal sex offender's parental rights have been or are in the process of being terminated as provided by law.

"(2) The adult criminal sex offender has been convicted of any criminal sex offense in which any of the adult criminal sex offender's minor children, grandchildren, or stepchildren were the victim.

"(3) The adult criminal sex offender has been convicted of any criminal sex offense in which a minor was the victim and the minor resided or lived with the adult criminal sex offender at the time of the offense.

"(4) The adult criminal sex offender has ever been convicted of any criminal sex offense involving a child, regardless of whether the adult criminal sex offender was related to or shared a residence with the child victim.

"(d) No adult criminal sex offender who is prohibited by subsection (c) from establishing a residence or any other living accommodation where a minor resides shall establish a residence or living accommodation on the same lot or parcel where a minor resides. Any adult criminal sex offender violates this provision if he or she resides in a mobile home, recreational vehicle, vehicle, tent, or other structure, whether permanent or temporary, on the same residential lot or parcel as a minor residing in a single-family residence.

"(d)(e) No adult criminal sex offender shall be permitted to willfully or knowingly come within 100 300 feet of any of his or her former victims, except as elsewhere provided by law, or make any visual or audible sexually suggestive or obscene gesture, sound, or communication at or to a former victim or a member of the victim's immediate family.

"(e)(f) Changes to property within 2,000 feet of an adult criminal sex offender's registered address which occur after an adult criminal sex offender establishes residency or accepts employment shall not form the basis for finding that a an adult criminal sex offender is in violation of subsections (a) or (b).

"(f)(g) No adult criminal sex offender, after having been convicted of a criminal sex offense involving a child, shall loiter on or within 500 feet of any property on which there is a school, child care facility, Boys and Girls Club, YMCA, playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors. Under this subsection, "loiter" means to enter or remain on property while having no legitimate purpose therefor or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. An adult criminal sex offender does not violate this subsection unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the adult criminal sex offender from the premises. An authorized person includes, but is not limited to, any law enforcement officer, any owner or manager of the premises, a principal or teacher if the premises is a school or child care facility, or a coach if the premises is an athletic field or facility.

"(h) No adult criminal sex offender who is required to register under this article shall knowingly enter a building or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a school or enter upon the real property of a school. It is not a violation of this subsection if the sex offender:

"(1) Is a student of that school.

"(2) Enters a building or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a school or enters upon the real property of a school for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed, a graduation ceremony, or a baccalaureate ceremony.

"(3) Enters a building or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a school or enters upon the real property of a school when school is not in session and when no school-sponsored event is taking place.

"(4) Is the parent or guardian of a student enrolled in a school and enters a building or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a school or enters upon the real property of a school for the purpose of delivering to the student medicine, food, or personal items, provided that the items are delivered directly to the school office, or attends a scheduled parent-teacher conference, provided that the adult criminal sex offender is escorted to and from the conference by a designated school official or employee. An adult criminal sex offender who is the parent or guardian of a child enrolled in a school and wishes to enter a building or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a school, or wishes to enter upon the real property of a school in which the student is enrolled for any other purpose shall give reasonable notice to the school principal or his or her designee and inform the school principal or his or her designee that he or she is an adult criminal sex offender.

"(g)(i) No adult criminal sex offender, after having been convicted of a criminal sex offense involving a child, shall accept, maintain, or carry on any employment or vocation at or within 500 feet of a school, child care facility, Boys and Girls Club, YMCA, playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, serving, catering to, or entertaining minors.

"(h) An adult criminal sex offender who knowingly violates the provisions of this section shall be guilty of a Class C felony.

"(j) No adult criminal sex offender, after having been convicted of a criminal sex offense involving a child as defined by subdivision (5) of Section 15-20-21, shall accept, maintain, or carry on any employment where the sex offender operates or travels on an ice cream truck or cart, or other similar mobile vendor that caters primarily to children.

"(k) Notwithstanding any other provision of law, no person shall provide or offer to provide for profit or otherwise, supervision or care for a child under the age of 12, who is unrelated to the provider by blood, marriage, or adoption, while the child's parents or guardian are not on the premises in any of the following circumstances: The supervision or care for a child under the age of 12 is offered in a home and a resident of the home is an adult criminal sex offender; or a provider of care for the supervision or care for a child under the age of 12 is an adult criminal sex offender who is required to register in accordance with this act.

"(l) No juvenile criminal sex offender, who is convicted or adjudicated guilty of a criminal sex offense after the effective date of this act, shall reside in the same residence where his or her victim resides.

"(m) An adult criminal sex offender who fails to comply with the required registration provisions of this subsection shall be guilty of a Class C felony.

§15-20-26.2.

"(a) Every adult criminal sex offender who is a resident of this state shall obtain within 30 days from release or entering this state 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. If any adult criminal sex offender is ineligible to be issued a driver's license or official identification card, the Department of Public Safety shall provide the adult criminal sex offender some other form of identification card or documentation that, if it is kept in the adult criminal sex offender's possession, shall satisfy the requirements of this section. If any adult criminal sex offender is determined to be indigent, an identification card or other documentation in lieu thereof shall be issued to the adult criminal sex offender at no cost. An adult criminal sex offender who knowingly violates this provision shall be guilty of a Class C felony.

"(b) Whenever the Department of Public Safety issues or renews a driver's license or identification card to an adult criminal sex offender, the driver's license or identification card shall bear a designation that enables law enforcement officers to identify the licensee as a an adult criminal sex offender.

"(c) Every adult criminal sex offender convicted after January 1, 2010, shall obtain a driver's license or identification card prescribed by subsection (a) within 30 days of release.

§15-20-28.

"(a) Sixty days prior to the projected release of a juvenile criminal sex offender, the treatment provider shall provide a risk assessment of the juvenile to the sentencing court and the juvenile probation officer for any juvenile who has been adjudicated delinquent of any criminal sex offense not listed in subsection (b).

"(b) Any juvenile criminal sex offender who has been adjudicated delinquent of any of the following offenses is not entitled to a risk assessment and shall register as an adult criminal sex offender as if he or she were an adult criminal sex offender. Such juvenile criminal sex offender who has been adjudicated delinquent after the effective date of this amendatory act is also subject to community notification as if he or she were an adult criminal sex offender as provided in Section 15-20-25:

"(1) Rape in the first degree.

"(2) Sexual abuse in the first degree.

"(3) Sexual torture.

"(4) Sodomy in the first degree.

"(5) Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"(6) Rape in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-62.

"(7) Sodomy in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-64.

"(8) 18 U.S.C. §2241.

"(9) 18 U.S.C. §2242.

"(10) 18 U.S.C. §2244.

"(b)(c) Upon receiving the risk assessment, the juvenile probation officer shall immediately notify the state, and either the parent, guardian, or custodian, or attorney of the juvenile criminal sex offender, or attorney for the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a), of the pending release and provide them with the risk assessment.

"(c)(d) Unless otherwise ordered by the sentencing court, the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) shall not be subject to notification upon release.

"(d)(e) Within thirty 30 days of receiving the risk assessment for a juvenile offender who has been adjudicated delinquent of an offense under subsection (a), the state may petition the court to apply notification.

"(e)(f) No juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) shall be removed from the supervision of the court until such time as the such juvenile criminal sex offender has completed treatment, the treatment provider has filed a risk assessment with the court, and the state has had an opportunity to file a petition to apply notification.

"(f)(g) Upon receiving a petition to apply notification, the sentencing court shall conduct a hearing on the risk of the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) to the community. The sentencing court may deny the petition or grant the petition based upon, but not limited to, the following factors relevant to the risk of re-offense:

"(1) Conditions of release that minimize risk of re-offense, including, but not limited to, whether the specified offender is under supervision of probation or parole; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.

"(2) Physical conditions that minimize 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 offender's conduct was found to be characterized by repetitive and compulsive behavior.

"(4) Other criminal history factors to be considered in determining risk, including:

"a. The relationship between the juvenile criminal sex offender and the victim.

"b. Whether the criminal sex offense involved the use of a weapon, violence, or infliction of serious bodily injury.

"c. The number, date, and nature of prior offenses.

"(5) Whether psychological or psychiatric profiles indicate a risk of recidivism.

"(6) The specified juvenile criminal sex offender's response to treatment.

"(7) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence.

"(8) Recent threats against persons or expressions of intent to commit additional crimes.

"(g)(h) If the court determines there is a need for notification, the level of notification to be applied shall be as follows:

"(1) If the risk of re-offense is low, notification that the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) will be establishing his or her residence shall be provided to the principal of the school where the juvenile criminal sex offender will attend after release. This notification shall include the juvenile criminal sex offender's name, actual living address, date of birth, and a statement of the criminal sex offense for which he or she has been adjudicated delinquent, including the age and gender of the victim. This information shall be considered confidential by the school and be shared only with the teachers and staff with supervision over the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a). Whomever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a child described in these subsections subsection (a) to subsection (g), inclusive, upon conviction thereof, shall be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.

"(2) If the risk of re-offense is moderate, notification that the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) will be establishing his or her residence shall be provided to all schools and child care facilities within three miles of the declared residence of the juvenile criminal sex offender. A community notification flyer shall be made by regular mail or hand delivered to all schools or child care facilities as required by this subsection. A flyer shall also be on file with the sheriff in the county of residence and made available for public inspection. No other method may be used to disseminate this information.

"(3) If the risk of re-offense is high, the public shall receive notification as though the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) were an adult in accordance with Section 15-20-25.

"(h)(i) The determination of notification by the sentencing court shall not be subject to appeal only be appealable for abuse of discretion.

§15-20-29.

"(a) Prior to release of the juvenile criminal sex offender who has been adjudicated delinquent of an offense under subsection (a) of Section 15-20-28, the following shall apply:

"(1) The responsible agency shall require the parent, custodian, or guardian of the juvenile criminal sex offender to declare in writing the actual living address at which the juvenile criminal sex offender will reside upon release. An intentional A failure to provide a timely and accurate written declaration shall constitute a Class A misdemeanor.

"(2) If the parent, guardian, or custodian of the juvenile criminal sex offender declares an address outside of the state, the responsible agency shall, within five three business days of the written declaration required by this article, notify the Director of the Department of Public Safety, the Attorney General of the state, or and the designated state law enforcement agency of the state sheriff of the county to which the parent, guardian, or custodian of the juvenile criminal sex offender has declared the actual living address. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile criminal sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile criminal sex offender.

"(3) If the parent, guardian, or custodian of the juvenile criminal sex offender declares an address within this state, the responsible agency shall, within five three business days of the written declaration, notify the Attorney General, the Director of the Department of Public Safety, the district attorney and the sheriff of the county in which the parent, guardian, or custodian of the juvenile criminal sex offender has declared the actual living address, and the chief of police of any municipality in which the parent, guardian, or custodian of the juvenile criminal sex offender has declared the actual living address. The notification shall include all information available to the responsible agency that would be necessary to identify and trace the juvenile criminal sex offender, including, but not limited to, the risk assessment and a current photograph of the juvenile criminal sex offender.

"(b) If the parent, custodian, or guardian of a juvenile criminal sex offender intends to transfer the residence of the juvenile criminal sex offender, or the custody of the juvenile criminal sex offender is changed to a different parent or guardian resulting in a transfer of residence, the original parent or guardian in custody shall declare in writing the actual living address of the intended new residence for the juvenile criminal sex offender and provide this information to the sheriff for the current residence at least 14 days prior to moving to the new location. The sheriff shall transfer the information to the Department of Public Safety and the sheriff of the county to which local law enforcement official where the juvenile criminal sex offender intends to move or the chief of police. An intentional A failure to provide a timely and accurate written declaration shall constitute a Class A misdemeanor.

"(c) When a juvenile criminal sex offender becomes the age of majority 18, the parent, guardian, or custodian of the juvenile criminal sex offender shall no longer be subject to the requirements under subsections (a) and (b), and the juvenile criminal sex offender shall instead be subject to Section 15-20-22 or Section 15-20-23 this article pertaining to adult criminal sex offenders as though he or she were an adult criminal sex offender. Community notification, however, shall not be allowed, unless so ordered by the sentencing court except as required by subsection (b) of Section 15-20-28.

§15-20-30.

"(a) Sixty days after a juvenile criminal sex offender's most current release and, except during ensuing periods of incarceration, thereafter on within three days of the anniversary date of a juvenile criminal sex offender's birthday occurring more than 90 days after the release, the Department of Public Safety shall mail a non-forwardable verification form to the address of the juvenile criminal sex offender addressed to the parent, guardian, or custodian of the juvenile criminal sex offender. The sheriff, or chief of police where applicable, local law enforcement official where the juvenile criminal sex offender resides shall be notified of the pending verification and whether the verification form was received by the parent, guardian, or custodian of the juvenile criminal sex offender.

"(b) Within 10 days of the receipt of the verification form, the parent, guardian, or custodian of the juvenile criminal sex offender, accompanied by the juvenile criminal sex offender, shall present in person the completed verification form to the sheriff, or chief of police where applicable, local law enforcement official where the juvenile criminal sex offender resides, who shall obtain fingerprints and a photograph of the juvenile criminal sex offender. The verification form shall be signed by the parent, guardian, or custodian of the juvenile criminal sex offender and shall state that the juvenile criminal sex offender still resides at that address.

"(c) Within 30 days of the annual date of the juvenile criminal sex offender's address verification, the Department of Public Safety shall, in accordance with guidelines promulgated by the Department of Public Safety, shall receive from the appropriate sheriff or chief of police law enforcement official verification of the juvenile criminal sex offender's address. Such guidelines shall ensure that address verification is accomplished with respect to these individuals and shall require the submission of fingerprints and photographs of the individuals.

"(d) A parent, guardian, or custodian of a juvenile criminal sex offender who fails to present in person a completed verification form to the sheriff, or chief of police where applicable, local law enforcement official within 10 days, or knowingly fails to permit law enforcement personnel to obtain fingerprints or a photograph of the juvenile criminal sex offender shall have committed a Class C felony.

"(e) When a juvenile criminal sex offender becomes the age of 18, the parent, guardian, or custodian of the juvenile criminal sex offender shall no longer be subject to the requirements under subsections (a) to subsection (d), inclusive, and the juvenile criminal sex offender shall instead be subject to Section 15-20-24 as though he or she were an adult criminal sex offender. Community notification, however, shall not be allowed, unless so ordered by the sentencing court.

§15-20-31.

"(a) For the purposes of this article, if a youthful offender criminal sex offender has not been previously adjudicated for a criminal sex offense, he or she shall be considered a juvenile criminal sex offender. If a youthful offender criminal sex offender has been previously adjudicated or convicted of a criminal sex offense, he or she shall be treated as an adult criminal sex offender. Juvenile criminal sex offenders who have been found guilty of the following offenses or any solicitation, attempt or conspiracy to commit any of the following offenses shall be treated as adult criminal sex offenders for purposes of this article:

"(1) Rape in the first degree.

"(2) Sexual abuse in the first degree.

"(3) Sexual torture.

"(4) Sodomy in the first degree.

"(5) Kidnapping of a minor, except by a parent, in the first or second degree, as proscribed by Section 13A-6-43 or 13A-6-44.

"(6) Rape in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-62.

"(7) Sodomy in the second degree as proscribed by subdivision (2) of subsection (a) of Section 13A-6-64.

"(8) 18 U.S.C. §2241.

"(9) 18 U.S.C. §2242.

"(10) 18 U.S.C. §2244.

"(b) A youthful offender criminal sex offender who is treated as a juvenile criminal sex offender for purposes of this article may not be released from the jurisdiction of the sentencing court until the offender has undergone sex offender treatment and a risk assessment as required by Sections 15-20-27 and 15-20-28.

§15-20-32.

"In the case in which any criminal sex offender escapes from a state or local correctional facility, juvenile detention facility, or any other facility that would permit unsupervised access to the public, the responsible agency shall, within 24 hours, shall notify the Department of Public Safety, the sheriff and the chief of police having had jurisdiction at the time of the criminal sex offense conviction or adjudication, informing such of the name and aliases of the criminal sex offender, of the time remaining to be served, if any, on the full term for which the criminal sex offender was incarcerated, and the nature of the crime for which he or she was sentenced, transmitting at the same time a copy of such criminal sex offender's fingerprints and current photograph and a summary of his or her criminal record.

§15-20-33.

"(a) Any adult Adult criminal sex offender offenders shall be subject to this article for life.

"(b) A juvenile criminal sex offender shall not be subject to residency restrictions, except as provided for in subsection (k) of Section 15-20-26.

"(b)(c) A juvenile criminal sex offender, whether having been incarcerated or not, who resides within this state, shall be subject to this article for a period of ten 10 years from the last date of release, unless that offender is subject to registration as an adult in accordance with subsection (b) of Section 15-20-28, who is treated as an adult criminal sex offender for purposes of this article. A juvenile criminal sex offender who is subsequently convicted as an adult criminal sex offender within the ten 10-year period shall be considered solely an adult criminal sex offender.

"(c)(d) Nothing in this article shall preclude any criminal sex offender from registering in accordance with Section 13A-11-200; however, such registration unless otherwise proscribed by this article does not trigger public notification.

§15-20-34.

"(a) Any notice provided to the community pursuant to this article shall not contain the name or any other information identifying the victim.

"(b) If the last known address of a victim is in the State of Alabama, the responsible agency shall notify the Attorney General's Office of Victim Assistance and they that office shall send a notice to the victim that the criminal sex offender will be released and the location at which the criminal sex offender intends to reside.

"The Board of Pardons and Paroles shall furnish the Attorney General's Office of Victim Assistance with any victim information for victims whose offenders are subject to this article. The Attorney General's Office of Victim Assistance shall notify the victims who file a written request to be notified of a criminal sex offender's pending release. This request may be made on a form provided by the Attorney General's Office of Victim Assistance. The Attorney General's Office of Victim Assistance shall send a notice to the address provided on the form notifying the victim that the criminal sex offender will be released and the location at which the criminal sex offender will reside. It shall be the responsibility of the victim to inform the Attorney General's Office of Victim Assistance if the victim's address or any other pertinent information on the notice request changes. If the notice sent by the Attorney General's Office of Victim Assistance is returned as undeliverable, no further action shall be required of the Attorney General's Office of Victim Assistance.

§15-20-35.

"(a) The responsible agency shall cooperate with the Director of the Department of Public Safety in a reasonable manner that enables the Department of Public Safety to prepare a criminal sex offender release notification form, designed by the Department of Public Safety.

"(b) The information collected or maintained by the Department of Public Safety, sheriff, or police department under this article shall be used to track the locations and movements of criminal sex offenders in this state and shall be disclosed to any of the following:

"(1) Federal, state, and local criminal justice agencies for law enforcement purposes and community notification in accordance with Section 15-20-22 or another state's similar provision.

"(2) Federal, state, and local governmental agencies responsible for conducting employment-related confidential background checks.

"(c) The information in this section may be made available through the Alabama Criminal Justice Information Center information systems and the National Crime Information Center network for criminal justice purposes or any other purpose authorized by law.

"(d) No existing state laws, including, but not limited to, statutes that would otherwise make juvenile and youthful offender records confidential or subject to expungement, shall preclude the disclosure of any information requested by a responsible agency, a law enforcement officer, a criminal justice agency, the Attorney General's Office, or a district attorney for purposes of administering, implementing, or enforcing this article. Notwithstanding any law to the contrary, no conviction under this article shall be subject to expungement.

§15-20-36.

"No criminal sex offender shall be allowed to change his or her name unless the change is incident to a change in the marital status of the criminal sex offender or is necessary to effect the exercise of religion of the criminal sex offender. Such a change must shall be reported, in person, to the sheriff of the county in which local law enforcement official where the criminal sex offender resides within 30 three business days of the effective date of the change. If the criminal sex offender is subject to the notification provision of this article, the reporting of a name change under this section shall invoke notification. An adult criminal sex offender who fails to comply with the required registration provisions of this section shall be guilty of a Class C felony.

§15-22-28.

"(a) It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make an investigation of any and all prisoners confined in the jails and prisons of the state with a view of determining the feasibility of releasing the prisoners on parole and effecting their reclamation. Reinvestigations shall be made from time to time as the board may determine or as the Board of Corrections may request. The investigations shall include such reports and other information as the board may require from the Board of Corrections or any of its officers, agents, or employees.

"(b) It shall be the duty of the Board of Corrections to cooperate with the Board of Pardons and Paroles for the purpose of carrying out the provisions of this article.

"(c) Temporary leave from prison, including Christmas furloughs, may be granted only by the Commissioner of Corrections to a prisoner for good and sufficient reason and may be granted within or without the state; provided, that Christmas furloughs shall not be granted to any prisoner convicted of drug peddling, child molesting or rape a criminal sex offense, or to any maximum security prisoner. A permanent, written record of all such temporary leaves, together with the reasons therefor, shall be kept by such commissioner. He or she shall furnish the Pardon and Parole Board Board of Pardons and Paroles with a record of each such leave granted and the reasons therefor, and the same shall be placed by the board in the prisoner's file.

"(d) No prisoner shall be released on parole except by a majority vote of the board, nor unless the board is satisfied that he or she will be suitably employed in self-sustaining employment or that he or she will not become a public charge if so released. The board shall not parole any prisoner for employment by any official of the State of Alabama, nor shall any parolee be employed by an official of the State of Alabama and be allowed to remain on parole; provided, however, that this provision shall not apply in the case of a parolee whose employer, at the time of the parolee's original employment, was not a state official.

"(e) The board shall not grant a parole to any prisoner who has not served at least one third or 10 years of his or her sentence, whichever is the lesser, except by a unanimous affirmative vote of the board.

§15-22-36.

"(a) In all cases, except treason and impeachment and cases in which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons and Paroles shall have the authority and power, after conviction and not otherwise, to grant pardons and paroles and to remit fines and forfeitures.

"(b) Notwithstanding any other provision of law, the Board of Pardons and Paroles may not approve or order any parole or pardon of a person convicted of a criminal sex offense as defined by subdivision (4) of Section 15-20-21.

"(b)(c) Each member of the Board of Pardons and Paroles favoring a pardon, parole, remission of a fine or forfeiture, or restoration of civil and political rights shall enter in the file his or her reasons in detail, which entry and the order shall be public records, but all other portions of the file shall be privileged.

"(c)(d) No pardon shall relieve one from civil and political disabilities unless specifically expressed in the pardon. No pardon shall be granted unless the prisoner has successfully completed at least three years of permanent parole or until the expiration of his or her sentence if his or her sentence was for less than three years. Notwithstanding the foregoing, a pardon based on innocence may be granted upon the unanimous affirmative vote of the board following receipt and filing of clear proof of his or her innocence of the crime for which he or she was convicted and the written approval of the judge who tried his or her case or district attorney or with the written approval of a circuit judge in the circuit where he or she was convicted if the judge who tried his or her case is dead or no longer serving.

"(d)(e) The Board of Pardons and Paroles shall have no power to grant a pardon, order a parole, remit a fine or forfeiture, or restore civil and political rights until 30 days' notice that the prisoner is being considered therefor has been given by the board to the Attorney General, the judge and the district attorney who tried the subject's case, the chief of police in the municipality in which the crime occurred, if the crime was committed in an incorporated area with a police department, and to the sheriff of the county where convicted, and to the same officials of the county where the crime occurred if different from the county of conviction; provided, however, that if they are dead or not serving, the notice shall be given to the district attorney, incumbent sheriff, and one of the judges of the circuit in which the subject was convicted.

"(e)(f)(1) Until and unless at least 30 days' written notice of the board's action to be considered has been given by the board to the victim named in the indictment, or if the victim is deceased as a result of the offense, the victim's immediate family, the Board of Pardons and Paroles shall have no power or authority to in any way approve or order any parole, pardon, remission of fine or forfeiture, restoration of civil and political rights, furlough, leave or early release of a person convicted of the following offenses:

"a. A Class A felony.

"b. Any felony committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be designated a Class A felony.

"c. Any felony involving violence, death, or any physical injury to the person of another.

"d. Any felony involving unlawful sexual assault or other unlawful sexual conduct on the person of another.

"e. Any felony involving sexual assault, or a lewd or lascivious act upon a child under the age of 16 years or attempt thereof.

"f. Sexual abuse or any other criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sexual abuse under the Alabama Criminal Code.

"g. Child abuse or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as child abuse under the Alabama Criminal Code.

"h. Sodomy or any criminal conduct committed prior to the first day of January, 1980, which if committed after the first day of January, 1980, would be defined as sodomy under the Alabama Criminal Code.

"i. Any violation of Section 13A-6-69, as amended.

"(2) The notice shall be given by U.S. mail, certified mail, return receipt requested, and shall include:

"a. The name of the prisoner or defendant involved.

"b. The crime for which the prisoner or defendant was convicted.

"c. The date of the sentence.

"d. The court in which the conviction occurred.

"e. The sentence imposed.

"f. The actual time the prisoner has been held in confinement, as computed by the Department of Corrections, without regard to the operation of any incentive good time, or other good time laws.

"g. The action to be considered by the board.

"h. The date, time, and location of the board meeting at which the action is to be considered.

"i. A statement that all persons required to be notified under the provisions of this section will be allowed, at their option, to either appear before the board or give their views in writing.

"Notice for robbery victims who were robbed while on duty as an employee of a business establishment shall be sufficient if mailed to the last address provided by the victim or as otherwise noted on the indictment or in the board files.

"(3) Provided however, if the victim is a child the notice shall be given to the parents of the victim, or in the event there is no parent, to the guardian of the victim. If the victim was a minor at the time of the offense, but has attained majority by the time the notice is sent, the notice shall be directed to the victim. Provided further, if the victim is deceased as a result of the offense, the notice shall be given to the surviving members of the victim's immediate family, as defined by the operating procedures of the Board of Pardons and Paroles, or in the event there is no immediate family, to a relative of the victim, if any. Provided further, such notice may be waived in writing by any person who is entitled to receive such notice.

"(4) If the victim requests not to be notified, a certified notice shall be sent to the victim confirming that request and advising him or her that no further notices of board hearings shall be sent unless he or she subsequently contacts the board and submits a written request to be notified of hearings in the future. Mailing of the certified notice shall constitute confirmation unless the certification is returned due to an incorrect address.

"(5) The board shall exercise due diligence to locate victims to notify them of hearings. If all attempts to locate a victim have failed and the agent of the board has certified that due diligence has been exercised, no future attempts shall be required to locate that victim. At any time the victim may contact the board and request that the board notify the victim of all future hearings.

"(f)(g) After any board action is taken granting any pardon or parole, the board shall promptly notify all persons who are entitled to notice, pursuant to any provision of this section as to the action taken by the board and the conditions, if any, of any such parole or pardon."

Section 4. Sections 15-20-21.1, 15-20-24.1, 15-20-24.2, 15-20-25.4, 15-20-26.3, and 15-20-39 are added to the Code of Alabama 1975, to read as follows:

§15-20-21.1.

Any sex offender who is not considered an adult criminal sex offender prior to the effective date of this act, but who is subject to the provisions of this act after its passage, shall report to the local law enforcement official where he or she resides within 90 days of the effective date of this act. Within 30 days of the effective date of this act, the Department of Public Safety shall notify any adult criminal sex offender who is subject to the provisions of this act that he or she is subject to such provisions. Within 60 days of receipt of this notification from the Department of Public Safety, the adult criminal sex offender shall provide in person the registration information required in subsection (a) of Section 15-20-22. Within 90 days of the effective date of this act, every adult criminal sex offender shall comply with the requirements of this act, whether or not notice was received from the Department of Public Safety.

§15-20-24.1.

Venue is proper in the county where the failure to comply with registration requirements took place, at the location of the last registered address of the sex offender, or in the county in which the conviction occurred for the offenses that meet the criteria for designating a person an adult criminal sex offender.

§15-20-24.2.

(a) A sex offender who will be absent from the sex offender's principal residence for more than 72 hours shall inform the local law enforcement official in the county where the sex offender's principal address is located, in person, prior to his or her departure, of the following:

(1) That the sex offender will be absent from the sex offender's principal residence for more than 72 hours.

(2) The location where the sex offender will be located during the absence from the sex offender's principal residence.

(3) The length of time the sex offender will be absent from the sex offender's principal residence.

(b) A sex offender who will spend more than 72 hours in a county in which the sex offender is not otherwise required to register shall inform the local law enforcement official in the county in which the sex offender is not otherwise required to register, in person, of the following:

(1) That the sex offender will spend more than 72 hours in the county.

(2) The location where the sex offender will be located while spending time in the county.

(3) The length of time the sex offender will remain in the county.

(c) Upon request of the local law enforcement official of the county in which the sex offender is not otherwise required to register, the sex offender shall provide the local law enforcement official with any additional information that will assist the local law enforcement official in determining the sex offender's whereabouts during the sex offender's stay in the county.

(d) An adult criminal sex offender who fails to comply with the required registration provisions of this section shall be guilty of a Class C felony.

§15-20-25.4.

(a) Upon the initial verification that occurs after the adult criminal sex offender's most current release pursuant to Section 15-20-22 and upon every subsequent verification pursuant to Section 15-20-24, the adult criminal sex offender shall provide every required online identifier and the name of any website or Internet communication service where the identifier is being used.

(b) An adult criminal sex offender shall notify the local law enforcement official where he or she resides, either in person, electronically, or through other means approved by the Department of Public Safety within 48 hours, excluding weekends and legal holidays, after he or she makes any change to any required online identifier, or creates a new required online identifier, and before any use of a changed or new identifier to communicate on the Internet. Within three business days after receipt of the information, the local law enforcement official shall forward the information to the Department of Public Safety and to the local law enforcement official of any other state or tribal jurisdiction where the sex offender is required to register. Immediately upon receipt of the information from the local law enforcement official, the Department of Public Safety shall update the adult criminal sex offender's information in the Department of Public Safety database.

(c) The Department of Public Safety may disseminate an adult criminal sex offender's required online identifier and the name of any corresponding website or Internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization. The requesting business or organization shall notify the Department of Public Safety when a comparison of the information indicates that an adult criminal sex offender's required online identifier is being used on the business's or organization's system. The requesting business or organization shall not further disseminate the information that the person is an adult criminal sex offender.

(d) If an adult criminal sex offender intends to change his or her vehicle information; temporary lodging information; or phone number, both for fixed location and cellular phones; the adult criminal sex offender shall submit in the form of a written declaration, either by registered or certified mail, electronic mail, or hand delivery, notice of the adult criminal sex offender's change in registration information to the local law enforcement official where the adult criminal sex offender resides within three business days of the effective change of registration information. If the adult criminal sex offender submits his or her written declaration by registered or certified mail, the postmark shall be no later than three days after the effective change of registration information. Within three business days of the adult criminal sex offender's registration update, the local law enforcement official shall forward the adult criminal sex offender's registration information to the Department of Public Safety and the Alabama Criminal Justice Information Center and to the local law enforcement official in Alabama or any other state or tribal jurisdiction where the sex offender is required to register.

(e) Upon the initial verification that occurs after the adult criminal sex offender's most current release, the adult criminal sex offender shall pay the local law enforcement official a fee of two hundred fifty dollars ($250). An adult criminal sex offender shall also pay a thirty-five dollar ($35) fee to the local law enforcement official each time the adult criminal sex offender transfers his or her residence pursuant to Section 15-20-23, or each time the adult criminal sex offender registers pursuant to Section 15-20-25.1. These fees shall be used to defray the costs of complying with this article. If an individual required to pay any of these fees pursuant to this subsection is indigent, the fee shall be reduced or waived, depending on the ability of the individual to pay. The burden of proof is on the individual claiming indigence to prove the fact of indigence to the satisfaction of the local law enforcement official making the indigency determination. The local law enforcement official should consider the extent and liquidity of assets and the disposable net income of the adult criminal sex offender.

§15-20-26.3.

In determining the terms and conditions of probation for an adult sex offender probationer who has been convicted of any of the following offenses, the court may provide that the probationer shall be subject to remote viewing of the following, including, but not limited to, e-mails, web history/content, and Internet connected computer content of the adult criminal sex offender by probation officer:

(1) Soliciting a child by computer for the purposes of committing a sexual act, as proscribed by Section 13A-6-110.

(2) Transmitting obscene material to a child by computer, as proscribed by Section 13A-6-111.

§15-20-39.

(a) If the sex offender fails to register in person, verify registration information in person, or otherwise appear in person when required by this article, the law enforcement agency of the county, or municipality where applicable, where the in-person appearance was required, shall make every reasonable effort to locate the sex offender who has failed to appear. If the sex offender cannot be located within seven business days of the time he or she was required to appear in person by this article, a warrant shall be issued for the absconding sex offender's arrest. In addition, the applicable law enforcement agency shall notify the United States Marshals Service and shall update the National Sex Offender Registry, as well as the National Crime Information Center Wanted Person File, to reflect the sex offender's status as an absconder. Upon receiving notice of capture of any previously unlocatable sex offender, the law enforcement agency of the county, or municipality where applicable, where the in-person appearance was required but not performed by the sex offender shall notify the Department of Public Safety. The Department of Public Safety shall notify the Alabama Criminal Justice Information Center, the National Sex Offender Registry, and the National Crime Information Center Wanted Person File of the capture of a previously unlocatable sex offender, as well as any law enforcement agency of any county, or municipality where applicable, where the sex offender was registered or required to register.

(b) If a local law enforcement or Department of Public Safety official receives notice from any other state or tribal jurisdiction that a sex offender will be working, residing, or attending school in Alabama, and the sex offender fails to appear for registration as required, the local law enforcement or Department of Public Safety official shall notify the local law enforcement official of any such other state or tribal jurisdiction.

Section 5. (a) A person commits the crime of indecent exposure toward a child if, with intent to arouse or gratify sexual desire of himself or herself or of any other person, he or she, being 19 years old or older, exposes his or her genitals to a child less than 16 years of age under circumstances in which the person knows his or her conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.

(b) Indecent exposure toward a child is a Class C felony.

Section 6. (a) A person commits the crime of video voyeurism when he or she has the intent to capture an image by means of videotape, photograph, film, or recording by any means, including, but not limited to, cellular phone or personal data assistant, or electronically transmits a visual image of a private area, including, but not limited to, the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual, with the intent that it be viewed by a person or persons, without the consent of the victim, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy.

(b) The crime of video voyeurism is a Class C felony.

Section 7. (a) A person commits the crime of aiding or abetting a convicted sex offender if the person has reason to believe that a sex offender is not complying, or has not complied, with the requirements of this act and, with the intent to assist the sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, his or her noncompliance with the requirements of this act the person does any of the following:

(1) Withholds information from, or does not notify, the law enforcement agency about the sex offender's noncompliance with the requirements of this act, and, if known, the whereabouts of the sex offender.

(2) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sex offender.

(3) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sex offender.

(4) Provides information to the law enforcement agency regarding the sex offender that the person knows to be false information.

(b) The crime of aiding and abetting a convicted sex offender is a Class C felony.

Section 8. If a court of competent jurisdiction adjudges invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate, or nullify the remainder of this act, but the effect of the decision shall be confined to the clause, sentence, paragraph, section, or part of this act adjudged to be invalid or unconstitutional.

Section 9. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 10. This act shall become effective October 1, 2010, following its passage and approval by the Governor, or its otherwise becoming law.

Crimes and Offenses

Criminal Law and Procedure

Sex Offenders

Community Notification Act

Code Amended