(a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense:
(1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness.
(3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior.
(4) Whether psychological or psychiatric profiles indicate a risk of recidivism.
(5) The relationship between the juvenile sex offender and the victim.
(6) The particular facts and circumstances surrounding the offense.
(7) The level of planning and participation in the offense.
(8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.
(9) The number, date, and nature of prior offenses.
(10) The response to treatment of the juvenile sex offender.
(11) Recent behavior, including behavior while confined or while under supervision in the community.
(12) Recent threats against persons or expressions of intent to commit additional crimes.
(13) The protection of society.
(14) Any other factors deemed relevant by the court.
(b) If the sentencing court determines that the juvenile sex offender shall be subject to notification, the level of notification shall be applied as follows:
(1) If the risk of re-offense is low, notification that the juvenile sex offender will be establishing or has established a fixed residence shall be provided by local law enforcement to the principal of the public or nonpublic school where the juvenile sex offender will attend after release and, if a public school, to the local superintendent of education with jurisdiction over that school. This notification shall include the name, actual living address, date of birth of the juvenile sex offender, and a statement of the 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 the local superintendent of education and be shared only with the teachers and staff with supervision over the juvenile sex offender. Whoever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a juvenile sex offender described in this section, upon conviction thereof, shall be guilty of a Class C felony within the jurisdiction of the juvenile court.
(2) If the risk of re-offense is moderate, notification that the juvenile sex offender will be establishing, or has established, a fixed residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared fixed residence of the juvenile sex offender. A community notification flyer shall be mailed by regular mail or hand delivered to all schools or childcare facilities as required by this subsection. 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 sex offender were an adult sex offender in accordance with Section 15-20A-21.
(c) The sentencing court shall enter an order stating whether the juvenile sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the prosecuting attorney and to the Alabama State Law Enforcement Agency.
(d) The determination of notification by the sentencing court shall not be subject to appeal.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Chapter 20A - Alabama Sex Offender Registration and Community Notification Act.
Section 15-20A-1 - Short Title.
Section 15-20A-2 - Legislative Findings.
Section 15-20A-3 - Applicability.
Section 15-20A-4 - Definitions.
Section 15-20A-5 - Sex Offenses.
Section 15-20A-6 - Allegation of Sexual Motivation.
Section 15-20A-7 - Registration Information - Required.
Section 15-20A-8 - Registration Information - Public Registry Website.
Section 15-20A-9 - Adult Sex Offender - Requirements Prior to Release.
Section 15-20A-11 - Adult Sex Offender - Prohibited Residence Locations, Etc.
Section 15-20A-12 - Adult Sex Offender - Homelessness.
Section 15-20A-13 - Adult Sex Offender - Employment Restrictions.
Section 15-20A-14 - Adult Sex Offender - Requirements Upon Entering State.
Section 15-20A-15 - Adult Sex Offender - Travel.
Section 15-20A-16 - Adult Sex Offender - Contact With Former Victims.
Section 15-20A-18 - Adult Sex Offender - Identification Requirements.
Section 15-20A-19 - Adult Sex Offender - Sexually Violent Predator.
Section 15-20A-20 - Adult Sex Offender - Electronic Monitoring.
Section 15-20A-21 - Adult Sex Offender - Community Notification.
Section 15-20A-22 - Adult Sex Offender - Registration Fee.
Section 15-20A-23 - Adult Sex Offender - Relief From Residency Restriction.
Section 15-20A-24 - Adult Sex Offender - Relief From Registration and Notification.
Section 15-20A-25 - Adult Sex Offender - Relief From Employment Restriction.
Section 15-20A-26 - Juvenile Sex Offender - Treatment; Risk Assessment.
Section 15-20A-27 - Juvenile Sex Offender - Community Notification.
Section 15-20A-28 - Juvenile Sex Offender - Lifetime Registration and Notification.
Section 15-20A-29 - Juvenile Sex Offender - Requirements Prior to Release.
Section 15-20A-31 - Juvenile Sex Offender - Employment Restrictions.
Section 15-20A-32 - Juvenile Sex Offender - Requirements Upon Entering State.
Section 15-20A-33 - Juvenile Sex Offender - Retention of Court Records.
Section 15-20A-34 - Juvenile Sex Offender - Relief From Lifetime Registration Requirements.
Section 15-20A-35 - Youthful Offender Treated as Juvenile or Adult.
Section 15-20A-36 - Name Change of Offender.
Section 15-20A-37 - Failure to Register; Absconding.
Section 15-20A-38 - Escape From Correctional Facility.
Section 15-20A-40 - Public Records - Certified Copies of Adjudication or Conviction.
Section 15-20A-41 - Victim Assistance.
Section 15-20A-43 - Registration and Notification Requirements Mandatory.
Section 15-20A-44 - Rulemaking Authority.
Section 15-20A-45 - Penalties.
Section 15-20A-46 - Disposition of Funds.