Showing posts with label mandatory minimum sentences. Show all posts
Showing posts with label mandatory minimum sentences. Show all posts

Friday, January 27, 2017

Prefiled bills for the Alabama legislature 2017 session

There are two pre-filed bills, one good, one bad. Regular sessions begin February 7, 2017.

HB 12, Mandatory Minimums:

SYNOPSIS: Existing law does not require a person convicted of a sexual offense to serve a mandatory minimum sentence. This bill would require a person convicted of rape in the first degree, sodomy in the first degree, sexual torture, or sexual abuse in the first degree to serve a mandatory minimum sentence of three years imprisonment without consideration of probation, parole, good time credits, or any other reduction in time. 

http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2017RS/PrintFiles/HB12-int.pdf

Verdict: ReFORM-AL opposes all mandatory minimums.

SB 5: Repealing Chilton Co.'s anti-clustering law. 

Relating to Chilton County; to repeal Section 45-11-82, Code of Alabama 1975, relating to residential limitations on adult sex offenders. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 45-11-82, Code of Alabama 1975, relating to residential limitations on adult sex offenders, is repealed. Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Verdict: I thought this issue was resolved already as reported here last fall. Obvious we support this bill.

Friday, February 7, 2014

Two sex offender-related bills in the House Judiciary committee Wed. 2/12/14 at 1:00pm

The House Judiciary committee has two bills up for discussion next week related to sex offenders:

HB 224: Rape, sodomy, burglary in the first degree, person convicted of these crimes under certain conditions sentenced to minimum of 20 yrs in prison if victim is 65 yrs old or older, Secs. 13A-6-61, 13A-6-63, 13A-7-5 am'd.

I am not fond of mandatory minimum sentences, but there is little here that should concern anyone unless you commit a crime. 

HB 413: Sex Offenders, registration and community notification, technical revisions and citations update various sections, petition for relief from employment, residency living restriction, civil division of circuit courts, absconding without registering, penalty, Secs. 12-15-107, 12-15-116, 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-19-7, 15-20A-4 to 15-20A-7, incl., 15-20A-9, 15-20A-11, 15-20A-14, 15-20A-16, 15-20A-18, 15-20A-21 to 15-20A-26, incl., 15-20A-28, 15-20A-29, 15-20A-32, 15-20A-34, 15-20A-35, 15-20A-37, 15-20A-39, 15-20A-40, 15-20A-43, 15-20A-45, 15-20A-46, 15-22-27.3, 32-6-49.24, 36-18-24, 36-18-25, 38-13-2, 38-13-4

Of these two bills, HB 413 may be of a bigger concern. The bill is over 100 pages long and adds more regulation of registrants. Below is a brief breakdown of a few key points of HB413:

1. Amends §15-20A-16 to add an exemption to the no victim contact order under certain circumstances (under "Romeo and Juliet" offenses once the victim is age 19) This is a good thing.
2. This provision sounds bad to me (p.48): "(d) When an adult sex offender declares that he or she is homeless, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available." I see some potential problems with this.