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HB26 INTRODUCED
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HB26
PSTKWEE-1
By Representative Butler
RFD: Judiciary
First Read: 13-Jan-26
PFD: 11-Aug-25
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PSTKWEE-1 07/15/2025 GP (L)GP 2025-2020
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PFD: 11-Aug-25
SYNOPSIS:
Under existing law, certain persons who are
convicted of a sex offense are subject to registration
and notification requirements.
This bill would authorize the parole or
probation officer of an adult sex offender who was
convicted of a sex offense involving a child to
restrict that sex offender from using a post office box
or possessing any electronic media, including, but not
limited to, a computer tablet, gaming system, or phone
that allows access to the Internet.
This bill would provide that the Board of
Pardons and Paroles or a court, as a condition of
release, may require an adult sex offender to receive
sex offender treatment, including, but not limited to,
periodic polygraph examinations.
This bill would provide that a sex offender who
fails to comply with such restrictions or treatment
requirements is guilty of a Class C felony.
This bill would also authorize the Director of
the Board of Pardons and Paroles to adopt rules to
implement the sex offender treatment provisions.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Relating to sex offenders; to add Sections 15-20A-19.01
and 15-20A-20.01 to the Code of Alabama 1975, to provide that
certain sex offenders may be prohibited by a parole or
probation officer from using a post office box or electronic
media in certain circumstances; to provide that certain sex
offenders, as a condition of release, may be required to
receive sex offender treatment; to provide for criminal
penalties for violations; and to amend Section 15-20A-44, Code
of Alabama 1975, to authorize the Board of Pardons and Paroles
to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-20A-19.01 and 15-20A-20.01 are
added to the Code of Alabama 1975, to read as follows:
§15-20A-19.01
(a) An adult sex offender convicted of a sex offense
involving a child may be restricted by his or her parole or
probation officer from using a post office box or possessing
any electronic media, including, but not limited to, a
computer, tablet, gaming system, or phone that allows access
to the Internet.
(b) A person who knowingly violates a restriction
imposed pursuant to subsection (a) shall be guilty of a Class
C felony.
§15-20A-20.01
(a) The Board of Pardons and Paroles or a court, as a
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(a) The Board of Pardons and Paroles or a court, as a
condition of release on parole, probation, community
corrections, court referral officer supervision, pretrial
release, or any other community-based punishment option, may
require an adult sex offender to receive sex offender
treatment by a sex offender treatment program or by a provider
approved by the Board of Pardons and Paroles. The treatment
may include, but is not limited to, periodic polygraph
examinations.
(b) An adult sex offender subject to sex offender
treatment programs pursuant to subsection (a) may not change a
treatment provider without prior approval by the court or the
Board of Pardons and Paroles.
(c) An adult sex offender subject to a sex offender
treatment program or periodic polygraph examinations pursuant
to this section, unless he or she is indigent, shall be
required to pay the costs of any sex offender treatment
program and the costs of administering the polygraph
examination. The Board of Pardons and Paroles, the sentencing
court, or other supervising entity shall determine the amount
to be paid based on the person's financial means and ability
to pay.
(d) A polygraph examination conducted pursuant to this
section shall be conducted by a licensed Alabama Polygraph
Examiner with an advanced Post Conviction Sex Offender Testing
certification in compliance with the American Polygraph
Association. The polygraph examinations must include not less
than two history, maintenance, or monitoring polygraph
examinations in a calendar year and any additional polygraph
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examinations in a calendar year and any additional polygraph
examinations necessary to identify and discern the progression
of therapy facilitated through the treatment provider. The
Board of Pardons and Paroles, in coordination with the
treatment provider, shall determine the frequency of the
polygraph examinations.
(e) A person who fails to participate in any sex
offender treatment required by this section shall be guilty of
a Class C felony.
Section 2. Section 15-20A-44, Code of Alabama 1975, is
amended to read as follows:
"§15-20A-44
(a) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules establishing an administrative
hearing for persons who are only made subject to this chapter
pursuant to subdivision (35) of Section 15-20A-5 (35).
(b) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules setting forth a listing of offenses
from other jurisdictions that are to be considered criminal
sex offenses under subdivision (35) of Section 15-20A-5 (35).
Thereafter, any individual convicted of any offense set forth
in the listing shall immediately be subject to this chapter
and shall not be entitled to an administrative hearing as
provided in subsection (a).
(c) The Secretary of the Alabama State Law Enforcement
Agency may adopt any rules as are necessary to implement and
enforce this chapter.
(d) The Director of the Board of Pardons and Paroles
may adopt rules necessary to implement and enforce Section
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may adopt rules necessary to implement and enforce Section
15-20A-20.01. "
Section 3. This act shall become effective on October
1, 2026.
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