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SB199 ENROLLED
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SB199
NRQY1JT-2
By Senator Kelley
RFD: Judiciary
First Read: 21-Jan-26
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SB199 Enrolled
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First Read: 21-Jan-26
Enrolled, 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)(1) The Board of Pardons and Paroles or a court, as
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(a)(1) 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.
(2) Notwithstanding subdivision (1), a parole or
probation officer may not prohibit an adult sex offender from
using a computer or other electronic media with Internet
access for the sole purpose of performing the adult sex
offender's job duties. A parole or probation officer may
impose reasonable restrictions on an adult sex offender's use
of electronic media in the performance of his or her job
duties, provided that the restrictions may not prevent the
adult sex offender from completing the duties or his or her
job.
(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
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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
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
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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
15-20A-20.01. "
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB199
Senate 10-Mar-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Senate 09-Apr-26
I hereby certify that the within Act originated in and passed
the Senate, as amended by Conference Committee Report.
Patrick Harris,
Secretary.
House of Representatives
Passed: 08-Apr-26, as amended.
House of Representatives
Passed: 09-Apr-26, as amended by Conference Committee Report.
By: Senator Kelley
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