2009 Alabama Code
Title 15 — CRIMINAL PROCEDURE.
Chapter 20 — SEX OFFENDERS.
Section 15-20-22 Adult criminal sex offender - Requirements prior to release.

Adult criminal sex offender - Requirements prior to release.

(a) One hundred eighty days prior to the release of an adult criminal sex offender, the following shall apply:

(1) The responsible agency shall require the adult criminal sex offender to declare, in writing or by electronic 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 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, 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, 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 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) If the adult criminal sex offender declares his or her intent to reside or be employed outside of the state, the responsible agency, within five business days of the declarations required by this article, shall notify the Director of the Department of Public Safety, the Attorney General, or the designated state law enforcement agency 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 be employed, and shall also notify 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 adult criminal sex offender.

(3) If the adult criminal sex offender declares his or her intent to reside, live, or be employed within this state, the responsible agency shall, within five 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 any county in which the adult criminal sex offender intends to reside or be employed, 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.

(4) 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 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.

(5) 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.

(b) If a sentencing court does not impose a sentence of incarceration upon conviction of the adult criminal sex offender for a criminal sex offense, notification shall be provided by the responsible agency in accordance with subsection (a) within 24 hours of release.

(c) Prior to release, every adult criminal sex offender convicted for a criminal sex offense shall submit to the probation officer or sheriff a DNA sample that will be sent to the Department of Forensic Sciences. An adult criminal sex offender who intentionally fails to provide a DNA sample shall be guilty of a Class C felony.

(d) 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 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.