HB413 Alabama 2018 Session

Summary

Primary Sponsor

Paul Beckman

Republican

Session

Regular Session 2018

Title

Juvenile sex offenders, notification provided to school of low-risk sex offender expanded to include local super of edu. and bd of edu., change in school required to be reported to local law enforcement by juvenile sex offender, state board of edu. required to develop and local boards to adopt, model policy for monitoring juvenile sex offenders in school, Secs. 15-20A-27, 15-20A-30 am'd.

Description

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.

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Subjects

Juvenile Sex Offenders