AL: District Court Determines Alabama Laws to be Punishment

Doe v. Marshall – decided February 11, 2019 Conclusion: Alabama can prosecute sex offenses to the full extent of the law. It can also act to protect its citizens from recidivist sex offenders. But the State denies that ASORCNA is designed to “punish” offenders. And once a person serves his full sentence, he enjoys the full protection of the Constitution. Harris, 772 F.3d at 572; accord Packingham, 137 S. Ct. at 1737. Sex offenders are not second-class citizens, and anyone who thinks otherwise would do well to remember Thomas Paine’s wisdom: “He that would make his own…

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AL: Governor ceremonially signs juvenile sex offender bill

[wbrc.com 5/21/18] MONTGOMERY, AL (WSFA) – Monday, Gov. Kay Ivey put her signature on a score of legislation. Although the signing was just for the camera (the laws were already signed in private about a month ago), it still had a special meaning for the Cook family. “Amazing, it was the biggest blessing for us to experience this today,” Kristina Cook said. Ivey put her signature on a bill that will require each school district to come up with rules on how to deal with juvenile sex offenders. The bill…

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AL: Eye spy a sex offender: Jeffco Sheriff’s Office touts use of iris scans in fighting crime

[al.com 4/19/18] When an inmate was recently booked into the Jefferson County Jail, he lied about who he was and when he was born. At one time, it could have been hours or days before lawmen discovered his true identity, but biometric technology now being used by the Jefferson County Sheriff’s Office gave them his correct identity in a matter of seconds based on a previous arrest in Atlanta. The sheriff’s office nine months ago became the first law enforcement agency in Alabama to implement the Inmate Recognition & Identification…

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AL: Juvenile sex offender notification bill passes

[montgomeryadvertiser.com] A bill changing the way schools deal with juvenile sex offenders in the classroom is headed to the governor’s desk. State Sen. Clyde Chambliss, R-Prattville, sponsored the legislation. The Senate on Tuesday afternoon concurred with amendments added in the House version, clearing the way for the bill to get the governor’s signature making it law. Chambliss’ bill expands the pool of people notified of low risk juvenile sex offenders to include the superintendent of education and each individual board of education member. It also addresses enrollment of convicted juvenile…

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AL: Colbert County Sheriff issues apology following “miscommunication” in sex offender notification

[whnt.com] Tuscumbia, Ala. – Colbert County’s top law enforcement officer issued an apology first thing Monday morning. A lack of communication with other law enforcement agencies in the county led to a delay in residents being notified of a sex offender registration. There are 122 registered sex offenders in Colbert County. It’s part of Sheriff Frank Williamson’s job to keep up with them. Recently, however, one registration slipped through the cracks. “I want to apologize for my part in that miscommunication,” stated Williamson. Read more  

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AL: Will state legislators render teachers ‘improper’ sex cops?

[al.com] We want schools to be educational safe havens for our children. At the same time, public policies designed to make schools safer may carry unintended consequences. Legislation making teachers liable for policing “improper sexual conduct” is winding its way through the Alabama Legislature, and it shouldn’t become law without serious vetting by legislators. Senator Clyde Chambliss (R-Autauga County) introduced SB26 responding to a constituent family’s preference that juvenile sexual offenders (JSOs) not be “mainstreamed” in Alabama’s public schools. At the beginning of this school year, the family’s son spotted…

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AL: Bill would change school reporting, enrollment for juvenile sex offenders

[decaturdaily.com] MONTGOMERY — Juvenile sex offenders who are considered high or moderate risks for repeating such crimes would not be allowed to attend traditional public schools under proposed legislation in the Statehouse. Senate Bill 26 also would require the State Board of Education to develop by next year a policy for the supervision and monitoring of juvenile sex offender students considered by courts to be low risk for offending again. “Essentially, we’re trying to give those who are responsible for the care of children all the information that they need,”…

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AL: Alabama schools struggle with juvenile sex offenders in classrooms

[montgomeryadvertiser.com] PRATTVILLE — The parents of a young Autauga County sex crime victim want something done. Three years ago, their daughter was victimized by a then-14-year-old boy. What happened next combines the heartache of a family trying to get back to “normal,” a young man paying his debt to society, old wounds being reopened and a bureaucratic maze of board of education meetings and potential legislative action. Read more  

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AL: Signs in Yards & Chemical Castration: Bad Legislation to oppose during the 2018 Alabama legislative season

[reformalabama.blogspot.com] The following bills MUST BE opposed during this legislative season. SB195 By Senators Ward and Shelnutt RFD Judiciary Rd 1 18-JAN-18 Under existing law, community notification of sex offenders requires a flyer be mailed or hand delivered to required residences. The existing law also provides any other method reasonably expected to provide notification may be utilized. This bill would further authorize local law enforcement to post public notices on the property where adult sex offenders who are subject to community notification reside. Reason this is bad: This means the…

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AL: Teacher Accused of Sex with Students Gets Charges Thrown Out as Unconstitutional

DECATUR, Ala. – An Alabama teacher accused of having sex with two of her students succeeded in having her charges thrown out on constitutional grounds, Morgan County Circuit Judge Glenn Thompson confirmed Thursday. Carrie Witt was facing potential prison time for allegedly having sex with two students between 16 and 19 years old while she taught at Decatur High School. Read more  

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AL: As some states reconsider sex-offender registries, an Alabama resident argues the state’s for-life requirements are too much

A lawsuit before a federal appeals court may have broad implications for Alabama’s sex offender laws, which some critics claim are the harshest in the United States. Montgomery resident Michael McGuire is suing the state of Alabama for relief from the residency restrictions, travel limits, sex offender registration and other punishments that accompany a conviction of a sexual offense. The case is before the 11th U.S. Circuit Court of Appeals. Full Article

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AL: Court rules Martin’s lawsuit against Chilton Co. over anti-clustering law can continue

We previously reported on the case Martin v. Houston, CASE NO. 2:14-CV-905-WKW [WO] (M.D. Alabama 2016), in which the U.S. District Court for the Middle District of Alabama considered a pastor’s religious discrimination claims involving the state legislature’s enactment and enforcement of a sex offender law that prevented the pastor’s transitional housing program. The law in question (Alabama Code § 45-11-82) (the “Act”) prohibited individuals whose names are listed on the Alabama sex offender list from living together in the same home, and further provides that offenders cannot live on…

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AL: Lawmaker introduces sex offender castration bill

MONTGOMERY, Ala. (WIAT) — An Alabama lawmaker has a plan to permanently and physically punish someone convicted of certain sex offenses against children. The bill, known as HB 365, would make those sex offenders have to get surgically castrated before they leave prison. HB 365 was introduced by State Representative Steve Hurst, R-Calhoun County. He said the bill will be for sex offenders over the age of 21 that committed sex offenses against children 12 years old and younger. “They have marked this child for life and the punishment should fit the…

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