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Section 15-20-22

Adult criminal sex offender - Requirements prior to release.

(a) Thirty days prior to the release of an adult criminal sex offender having been incarcerated or treated as the result of a conviction for a criminal sex offense, the following shall apply:

(1) The responsible agency shall require the adult criminal sex offender to declare in writing the actual living address at which he or she will reside upon release. An intentional failure to provide a timely and accurate written declaration shall constitute a Class A misdemeanor.

(2) If the adult criminal sex offender declares his or her intent to reside outside of the state, the responsible agency shall, within five business days of the written declaration required by this article, notify the Director of the Department of Public Safety, the Attorney General, or the designated state law enforcement agency of the state to which the adult criminal sex offender has declared his or her intent to move, and shall also notify the Alabama Criminal Justice Information Center. The notification shall include all information available to the responsible agency which would be necessary to identify and trace the adult criminal sex offender, including, but not limited to, each sex offense history or pre-sentence investigation of the sex offense, fingerprints, and a current photograph of the adult criminal sex offender.

(3) If the adult criminal sex offender declares his or her intent to reside within this state, the responsible agency shall, within five business days of the written declaration, notify the Attorney General, the Director of the Department of Public Safety, the district attorney and the sheriff of the county in which the adult criminal sex offender intends to reside, the chief of police of any municipality in which the adult criminal sex offender intends to reside, and the Alabama Criminal Justice Information Center. The notification shall include all information available to the responsible agency which would be necessary to identify and trace the adult criminal sex offender, including, but not limited to, each sex offense history or pre-sentence investigation of the sex offense, fingerprints, and a current photograph of the criminal sex offender.

(4) The Alabama Criminal Justice Information Center shall be responsible for notifying the Federal Bureau of Investigation with sex offender information upon receiving this information from the responsible agency. Measures shall be taken to ensure this information is submitted to and included in the national database of sex offenders established pursuant to 42 U.S.C. § 14072.

(b) If a sentencing court does not impose a sentence of incarceration upon conviction of the adult criminal sex offender for a criminal sex offense, notification shall be provided by the responsible agency in accordance with subsection (a) within 24 hours of release.

(c) Prior to release, every adult criminal sex offender convicted for a criminal sex offense shall submit to the probation officer or sheriff a DNA sample that will be sent to the Department of Forensic Sciences. An adult criminal sex offender who intentionally fails to provide a DNA sample shall be guilty of a Class C felony.

(Acts 1996, No. 96-793, p. 1491, §3; Act 98-489, p. 933, §2; repealed by Act 99-572, p. 1283, §1; added by Act 99-572, p. 1283, §3; Act 2001-1127, 4th Sp. Sess., p. 1199, §1.)



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