Section 15-20A-27

Section 15-20A-27Juvenile sex offender - Community notification.

(a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense:



(1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.



(2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness.



(3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior.



(4) Whether psychological or psychiatric profiles indicate a risk of recidivism.



(5) The relationship between the juvenile sex offender and the victim.



(6) The particular facts and circumstances surrounding the offense.



(7) The level of planning and participation in the offense.



(8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.



(9) The number, date, and nature of prior offenses.



(10) The response to treatment of the juvenile sex offender.



(11) Recent behavior, including behavior while confined or while under supervision in the community.



(12) Recent threats against persons or expressions of intent to commit additional crimes.



(13) The protection of society.



(14) Any other factors deemed relevant by the court.



(b) If the sentencing court determines that the juvenile sex offender shall be subject to notification, the level of notification shall be applied as follows:



(1) If the risk of re-offense is low, notification that the juvenile sex offender will be establishing or has established his or her residence shall be provided by local law enforcement to the principal of the school where the juvenile sex offender will attend after release. This notification shall include the name, actual living address, date of birth of the juvenile sex offender, and a statement of the sex offense for which he or she has been adjudicated delinquent, including the age and gender of the victim. This information shall be considered confidential by the school and be shared only with the teachers and staff with supervision over the juvenile sex offender. Whomever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a juvenile sex offender described in this section, upon conviction thereof, shall be guilty of a Class A misdemeanor within the jurisdiction of the juvenile court.



(2) If the risk of re-offense is moderate, notification that the juvenile sex offender will be establishing, or has established, his or her residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared residence of the juvenile sex offender. A community notification flyer shall be mailed by regular mail or hand delivered to all schools or childcare facilities as required by this subsection. No other method may be used to disseminate this information.



(3) If the risk of re-offense is high, the public shall receive notification as though the juvenile sex offender were an adult sex offender in accordance with Section 15-20A-21.



(c) The sentencing court shall enter an order stating whether the juvenile sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the prosecuting attorney and to the Department of Public Safety.



(d) The determination of notification by the sentencing court shall not be subject to appeal.

(Act 2011-640, p. 1569, §27.)