HB413 Alabama 2018 Session

Under existing law, juvenile sex offenders are subject to community notification requirements based on the risk of re-offense, and if the juvenile sex offender is a low risk for re-offense, notification that the juvenile sex offender will be establishing or has established a fixed residence shall be provided by local law enforcement to the principal of the school the juvenile sex offender will attend after release

Also, existing law does not prohibit a juvenile sex offender from attending school with the general school population

This bill would require local law enforcement to notify the local superintendent of education and the local board of education, in addition to the principal, when a low-risk juvenile sex offender is planning to establish or has established a fixed residence within their jurisdiction, would require juvenile sex offenders to notify local law enforcement of any change in school attendance, and would provide that failure to comply with either constitutes a Class C felony

This bill would require the State Board of Education to develop, and each local board of education to adopt, a comprehensive model policy for the supervision and monitoring of low risk juvenile sex offender students attending school with the general student population and would require alternative educational placement for any juvenile sex offender who is a moderate or high risk for re-offense

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to juvenile sex offenders; to amend Sections 15-20A-27, as last amended by Act 2017-414, 2017 Regular Session, and 15-20A-30, Code of Alabama 1975; to require local law enforcement to notify the local superintendent of education and the local board of education when a low-risk juvenile sex offender is planning to establish or has established a fixed residence within the jurisdiction of the board; to require juvenile sex offenders to notify local law enforcement of any change in school attendance; to further provide that failure to comply, unless otherwise provided, constitutes a Class C felony; to require the State Board of Education to develop, and each local board of education to adopt, a comprehensive model policy for the supervision and monitoring of low risk juvenile sex offender students attending school with the general student population; to require alternative educational placement for any juvenile sex offender who is a moderate or high risk for re-offense; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.