2009 Alabama Code
Title 15 — CRIMINAL PROCEDURE.
Chapter 20 — SEX OFFENDERS.
Section 15-20-28 Juvenile criminal sex offender - Risk assessment; notification.
Juvenile criminal sex offender - Risk assessment; notification.
(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.
(b) Upon receiving the risk assessment, the juvenile probation officer shall immediately notify the state, and either the parent, guardian, or custodian of the juvenile criminal sex offender, or attorney for the juvenile criminal sex offender, of the pending release and provide them with the risk assessment.
(c) Unless otherwise ordered by the sentencing court, the juvenile criminal sex offender shall not be subject to notification upon release.
(d) Within thirty days of receiving the risk assessment, the state may petition the court to apply notification.
(e) No juvenile criminal sex offender shall be removed from the supervision of the court until such time as the 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) Upon receiving a petition to apply notification, the sentencing court shall conduct a hearing on the risk of the juvenile criminal sex offender 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 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 offender and the victim.
b. Whether the 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 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) 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 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 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. 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, 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 criminal sex offender 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 were an adult in accordance with Section 15-20-25.
(h) The determination of notification by the sentencing court shall not be subject to appeal.(Act 99-572, p. 1283, §3.)
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