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).
