Alabama Administrative Code › Title 760 - ALABAMA LAW ENFORCEMENT AGENCY › Chapter 760-X-1 - PROMULGATED RULES › Section 760-X-1-.21 - Foreign Jurisdiction Convicted Sex Offender Registration, Notification, And Due Process Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
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.
Authors:
Michael W. Robinson, Lindsey W.
				  Clements, Casey Bates
Statutory Authority:
Code of Ala.
				  1975
, §
										15-20-38(a).