Ala. Admin. Code r. 760-X-1-.21 - Foreign Jurisdiction Convicted Sex Offender Registration, Notification, And Due Process Hearings

Current through Register Vol. 40, No. 6, March 31, 2022

All persons convicted of any sex related crime are required by statute to register with law enforcement. This includes persons convicted in states other than Alabama, federal courts, tribal territories, United States territories, and other jurisdictions. Persons convicted in jurisdictions other than Alabama may be entitled to a due process hearing prior to community notification if their conviction does not fall within the parameters of Code of Ala. 1975, Sections 15-20A-1 through 15-20A-48 (2011), the Alabama Sex Offender Registration and Notification Act. Persons convicted in jurisdictions other than Alabama follow the steps below:

(1) Persons convicted in jurisdictions other than Alabama must register by completing ALEA Form 47 upon entering into Alabama to reside, work, or attend school.
(2) When the Department of Alabama Law Enforcement Agency receives the ALEA Form 47, the department will make a determination as to the applicability of the Alabama Sex Offender Registration and Notification Act to the offender. This determination includes whether the offender is entitled to be offered a due process hearing.
(3) If the conviction is for a sex offense as defined in Code of Ala. 1975, Section 15-20A-5, except for those covered in subsection (35), then the offender is automatically subject to the entire Act without a due process hearing. However, if not and community notification is not automatically applied under the Act, the department will make a preliminary determination concerning the applicability of the Act to the offender. If it is determined that the Act should apply to the offender, the department will mail a notice to the offender of the department's determination that also explains how to appeal the determination. The notice will be mailed by certified mail, return receipt requested.
(4) If the notice is returned unclaimed or incorrect address, this will result in waiver of a hearing.
(5) If the offender disagrees with the department's determination, he or she must notify the Alabama Law Enforcement Agency, Legal Unit at P.O. Box 1511, Montgomery, Alabama 36102-1511 in writing within twenty (20) days of receipt of the notice. If the offender fails to notify the department of the hearing request within this time period, this will result in waiver of a hearing.
(6) Appeals of the department's determination will be heard by an Administrative Law Judge provided by the department.
(7) Appeals will be held at the department's office closest to the address of the offender.
(8) Appeal of the decision of the Administrative Law Judge will be with the Circuit Court in Montgomery County, Alabama.

Notes

Ala. Admin. Code r. 760-X-1-.21
New Rule: Filed September 10, 2002; effective October 15, 2002. Amended: Filed September 20, 2012; effective October 25, 2012. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 02, November 30, 2017, eff. 1/1/2018.

Authors: Michael W. Robinson, Lindsey W. Clements, Casey Bates

Statutory Authority: Code of Ala. 1975, ยง 15-20-38(a).

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