(a) An adult sex offender who no longer has a fixed residence shall be considered homeless and shall appear in person and report such change in fixed residence to local law enforcement where he or she is located immediately upon such change in fixed residence.
(b) In addition to complying with the registration and verification requirements pursuant to Section 15-20A-10, a homeless adult sex offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the sex offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the adult sex offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.
(c) A homeless adult sex offender who lacks a fixed address shall comply with the residence restrictions set forth in Section 15-20A-11.
(d)(1) Each time a homeless adult sex offender reports under this section, he or she shall provide all of the following information:
a. Name.
b. Date of birth.
c. Social Security number.
d. A detailed description of the location or locations where he or she has resided during the week.
e. A list of the locations where he or she plans to reside in the upcoming week with as much specificity as possible.
(2) The registering agency is not required to obtain the remaining required registration information from the homeless adult sex offender each time he or she reports to the registering agency unless the homeless adult sex offender has any changes to the remaining required registration information.
(e) If an adult sex offender who was homeless obtains a fixed residence in compliance with the provisions of Section 15-20A-11, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county of residence.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.
(Act 2011-640, p. 1569, §12; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2013–2023 · leading case:
McGuire v. Strange, 83 F. Supp. 3d 1231 (M.D. Ala. 2015).
McGuire v. Strange, 83 F. Supp. 3d 1231 (M.D. Ala. 2015).
· cites it 3× “RELIEF Based on the foregoing, it is declared that ASORCNA is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate…”
McGuire v. Murphy, 285 F. Supp. 3d 1272 (M.D. Ala. 2018).
· cites it 2× “, is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate law-enforcement jurisdictions as provided by Alabama Code §…”
Vann v. State, 143 So. 3d 850 (Ala. Crim. App. 2013).
· cites it 5× “) However, § 15-20A-12, Ala. Code 1975, specifically instructs a homeless sex offender how to comply with the registration requirements.”
Yancey v. Richie (INMATE 3) (M.D. Ala. 2022).
“CODE § 15-20A-12(b) in conjunction with § 15-20A-4(13) and (2) all in-town registrants to complete travel-permit applications with two separate law-enforcement jurisdictions as provided by § 15-20A-15 in conjunction with § 15-20A-4(13)—were punitive to the extent that they…”
People v. Allen, 2023 NY Slip Op 00496 (N.Y. App. Div. 2023).
“Alabama Code 1975 § 15-20A-12 [providing instructions for homeless sex offenders]; California Penal Code § 290.”
— Ala. Code § 15-20A-12(b) — 3 cases
McGuire v. Strange, 83 F. Supp. 3d 1231 (M.D. Ala. 2015).
“RELIEF Based on the foregoing, it is declared that ASORCNA is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate…”
McGuire v. Murphy, 285 F. Supp. 3d 1272 (M.D. Ala. 2018).
“, is unconstitutional under the Ex Post Facto Clause of the United States Constitution to the extent that it requires (1) in-town homeless registrants to register (or check-in) on a weekly basis with two separate law-enforcement jurisdictions as provided by Alabama Code §…”
Yancey v. Richie (INMATE 3) (M.D. Ala. 2022).
“CODE § 15-20A-12(b) in conjunction with § 15-20A-4(13) and (2) all in-town registrants to complete travel-permit applications with two separate law-enforcement jurisdictions as provided by § 15-20A-15 in conjunction with § 15-20A-4(13)—were punitive to the extent that they…”
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