Section 15-20A-25


Published: 2015

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Section 15-20A-25

Section 15-20A-25Adult sex offender - Relief from employment restriction.

(a) A sex offender may petition the circuit court in the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section:



(1) Rape in the first degree, as provided by Section 13A-6-61.



(2) Sodomy in the first degree, as provided by Section 13A-6-63.



(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.



(4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.



(5) Sexual torture, as provided by Section 13A-6-65.1.



(6) Any sex offense involving a child.



(7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.



(8) Any offense committed in any other jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (7), inclusive.



(b)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:



a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.



b. The prosecuting attorney of the county in which the sex offender seeks to accept or maintain employment.



c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.



d. Local law enforcement where the sex offender seeks to accept or maintain employment.



(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.



(c) The petition and documentation to support the petition shall include all of the following:



(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense, if the petition is filed after sentencing.



(2) A list of each registering agency in each county and jurisdiction in which the sex offender is required to register or has ever been required to register, if the petition is filed after conviction.



(3) The sex offender's criminal record and an affidavit stating that the sex offender has no pending criminal charges.



(4) The location where the sex offender is employed or intends to obtain employment.



(5) Justification as to why the court should grant relief.



(6) Any other information requested by the court relevant to the petition.



(d) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.



(e) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.



(f) The court may consider any of the following factors in determining whether to grant relief:



(1) The nature of the offense.



(2) Past criminal history of the sex offender.



(3) The location where the sex offender is employed or intends to obtain employment.



(4) Any other information deemed relevant by the court.



(g) If the court grants the petition, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney where the petition was filed and to the Department of Public Safety.



(h) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.



(i) The state may petition the court to reinstate the restrictions pursuant to subsection (b) of Section 15-20A-13 for good cause shown.



(j) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, a petition filed 30 or more days after sentencing shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46.



(k) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.



(l) A person who provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

(Act 2011-640, p. 1569, §25.)