§ 15-20A-34 — Juvenile Sex Offender - Relief from Lifetime Registration Requirements

Alabama § 15-20A-34

• Jurisdiction: Alabama
• Title 15: Criminal Procedure
• Ch. 20A: Alabama Sex Offender Registration and Community Notification Act

Text

(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex offender is released from the custody of the Department of Youth Services or sentenced, if the juvenile sex offender was placed on probation, for the sex offense requiring registration pursuant to this chapter.
(b) The petition shall be filed as follows:
(1) If the juvenile sex offender was adjudicated delinquent of a sex offense in this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated delinquent.
(2) If the juvenile sex offender was adjudicated delinquent of a sex offense in a jurisdiction outside of this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender resides.
(c)(1) The juvenile sex offender shall serve a copy of the petition by certified mail on all of the following:
a. The prosecuting attorney in the county of adjudication, if the juvenile sex offender was adjudicated delinquent in this state.
b. The prosecuting attorney of the county in which the juvenile sex offender resides.
c. Local law enforcement where the juvenile sex offender was adjudicated delinquent, if the juvenile sex offender was adjudicated delinquent in this state.
d. Local law enforcement where the juvenile sex offender resides.
(2) Failure of the juvenile sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.
(d) The petition and documentation to support the petition shall include all of the following:
(1) A certified copy of the adjudication of delinquency requiring registration.
(2) Documentation of the juvenile sex offender’s release date or sentencing date if the juvenile sex offender was placed on probation.
(3) Evidence that the juvenile sex offender has completed a treatment program approved by the Department of Youth Services.
(4) A list of each county and jurisdiction in which the juvenile sex offender is required to register or has ever been required to register.
(5) The juvenile sex offender’s criminal record and an affidavit stating that the juvenile sex offender has no pending criminal charges.
(6) Any other information requested by the court relevant to the petition.
(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the offense for which the juvenile sex offender is required to register of the petition and of the dates and times of any hearings or other proceedings in connection with the petition.
(f) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.
(g) The court may consider any of the following factors to determine whether to grant relief:
(1) Recommendations from the juvenile sex offender’s probation officer, including, but not limited to, the recommendations in the predisposition report and the juvenile sex offender’s compliance with supervision requirements.
(2) Recommendations from the juvenile sex offender’s treatment provider, including, but not limited to, whether the juvenile sex offender successfully completed a treatment program approved by the Department of Youth Services.
(3) Recommendations from the prosecuting attorney.
(4) Any written or oral testimony submitted by the victim or the parent, custodian, or guardian of the victim.
(5) The facts and circumstances surrounding the offense including, but not limited to, the age and number of victims, whether the act was premeditated, and whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.
(6) Any criminal behavior of the juvenile sex offender before and after the adjudication of delinquency that requires reporting.
(7) The stability of the juvenile sex offender in employment and housing and his or her community and personal support system.
(8) The protection of society.
(9) Any other factors deemed relevant by the court.
(h) If the court is satisfied by clear and convincing evidence that the juvenile sex offender is rehabilitated and does not pose a threat to the safety of the public, the court shall grant relief.
(i) The court shall provide a copy of any order granting relief to the prosecuting attorney and to the Alabama State Law Enforcement Agency.
(j) Upon receipt of a copy of an order granting relief as provided in this section, the Alabama State Law Enforcement Agency shall remove the juvenile sex offender from the public registry website. If the registering agencies maintain a local registry of sex offenders who are registered with their agencies, the registering agencies shall remove the registration information of the juvenile sex offender from the local sex offender public registry, if notification applied.
(k) If the court denies the petition for relief, the juvenile sex offender shall wait at least 12 months from the date of the order denying the petition before petitioning the court again.
(l) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, the fee for filing the petition for relief under this section shall be two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.
(m) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.
(n) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

Legislative History

(Act 2011-640, p. 1569, §34; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)