Ala. Admin. Code r. 950-1-3-.03

Current through Register Vol. 42, No. 8, May 31, 2024

Section 950-1-3-.03 - Glossary

(1) Adjudication - the process of rendering a judicial decision as to whether the facts alleged in a petition or other pleading are true; an adjudicatory hearing is that court proceeding in which it is determined whether the allegations of the petition are supported by legally-admissible evidence.

(2) Aftercare - a legal status created by order of the committing court at the time of Release from a state training school whereby a youth is permitted to return to the community subject to supervision by the court or any agency designated by the court and subject to return to the court at any time during the Aftercare period. A committed youth shall be released into Aftercare when the Department determines that said youth is no longer in need of the services of the state training schools and can function within open society under the supervision of a probation officer in accordance with terms and conditions as established by the committing court.

(3) Ancillary Services - Ancillary Services can be provided by individuals who have neither a license nor the necessary experience to meet the standards for independent practice with his [or her] population. Any such services provided should be in conjunction with and under the supervision of approved service providers. Services can include case management and assisting an approved therapist in group activities and other related services to clients while under direct supervision.

(4) Autoeroticism - self-stimulation/masturbation.

(5) Coercion - the use of tricks, bribes, force, threats or intimidation to get someone to go along with what you want to do. Coercion is the tool used to get victims to comply or cooperate.

(6) Community Notification Laws - laws which allow or mandate that law enforcement, criminal justice, or corrections agencies give citizens access to relevant information about certain convicted Juvenile Criminal Sex Offenders living in their communities.

(7) Criminal Sex Offense - a crime of a sexual nature described in Section 950-1-3-.02, which would be a crime if committed by an adult, when made the basis of an Adjudication of delinquency in any Juvenile court in Alabama.

(8) Department - The Department of Youth Services established in Chapter 1 of Title 44 Code of Ala. 1975, as amended.

(9) Discharge Readiness - the point at which it appears to a multi-disciplinary team working with the offending youth that he [or she] has completed and internalized the techniques learned in their residential treatment program and are able to implement their relapse prevention plan. The professional staff has completed the Risk Assessment report, prepared the report for the Juvenile court judge and is prepared to testify in court to the treatment outcome. The professional is also prepared to give recommendation(s) regarding after care. The judge determines a Risk Level the youth presents to the community and, if a less restrictive setting is indicated, the judge will discharge the youth from the Department facility.

(10) Grooming - the process of manipulation often utilized by child molesters, intended to reduce a victim's or potential victim's resistance to sexual abuse. Typical Grooming activities include gaining the child victim's trust or gradually escalating boundary violations of the child's body in order to desensitize the victim to further abuse.

(11) Incest - sexual relations between close relatives, such as father and daughter, mother and son, sister and brother. This also includes other relatives, step children, and children of common-law marriages.

(12) Informed Consent Statement - a clinical document signed by a sexually abusive youth, which becomes part of the treatment record and may be admissible in court. It implies that the sexually abusive youth understands the benefits and risks of a particular treatment procedure and may voluntarily withdraw from the procedure without consequence (often applies to the use of aversive therapy). Document may also contain statements regarding the type of information that will not remain confidential.

(13) Individualized Service Plan (ISP) - a document outlining the essential treatment issues which must be addressed by the youth with illegal sexual behavior problems. Treatment plans often consist of core problem areas to be addressed in treatment such as cognitive restructuring, emotional development, social and interpersonal skills enhancement, lowering of deviant sexual arousal, anger management, empathy development, understanding of the sexual abuse cycle, and the formulation and implementation of a relapse prevention plan. These plans also include the strengths of the offender that can be built on in the course of treatment. These plans will include:

(a) Strengths;

(b) Problem(s) to be addressed;

(c) Treatment proposed;

(d) Goals of treatment (short and long term goals);

(e) Who is responsible for what steps in the plan; and

(f) Time frame to meet goals.

(14) Juvenile - an individual under the age of eighteen (18), or under nineteen (19) years of age and before the Juvenile court for a matter arising before that individual's eighteenth (18^th) birthday.

(15) Juvenile Criminal Sex Offender - a child adjudicated delinquent of a Criminal Sex Offense as defined by the statute.

(16) Least Restrictive Environment - the environment in which a youth with illegal sexual behavior problems lives that decreases security offered by the physical structure (e.g., increased number of roommates), reduces the level/intensity of supervision, allows greater access to unsupervised leisure time activities, and permits community or family visits. The Least Restrictive Environment is usually the result of significant treatment progress or compliance with the treatment program and environment.

(17) Limited Confidentiality - a restriction on repeating communications to a third party. Some things cannot remain confidential such as: acts or behaviors that would be injurious to oneself or others; things against the law; and other things that are explained prior to beginning treatment.

(18) Megan's law - the first amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Act. This was passed in October 1996 and requires states to allow public access to information about sex offenders in the community. This federal mandate was named after Megan Kanka, a seven-year old girl who was raped and murdered by a twice-convicted child molester in her New Jersey neighborhood.

(19) Notification-Notification is notice to the public. The Legislature has determined that the public may be entitled to Notification of the identity of a Juvenile adjudicated delinquent for a Juvenile Criminal Sex Offense. Such Notification is given at the time the adjudicated Juvenile has unsupervised access to the public. The Sentencing Court is required to determine whether to apply Notification, and if so, who shall receive it:

(a) In determining whether to apply Notification requirements to a Juvenile Criminal 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 Criminal 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 Criminal 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 Criminal Sex Offender and the victim.

6. Recent behavior, including behavior while confined or while under supervision in the community.

7. Recent threats against persons or expressions of intent to commit additional crimes.

8. The protection of society.

9. Any other factors deemed relevant by the court.

(b) If the Sentencing Court determines that the Juvenile Criminal 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 Criminal Sex Offender will be establishing or has established a fixed residence shall be provided by local law enforcement to the principal of the public or nonpublic school where the Juvenile Criminal Sex Offender will attend after Release and, if a public school, to the local superintendent of education with jurisdiction over that school. This Notification shall include the name, actual living address, date of birth of the Juvenile Criminal 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 the local superintendent of education and be shared only with the teachers and staff with supervision over the Juvenile Criminal Sex Offender. Whoever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a Juvenile Criminal Sex Offender described in this section, upon conviction thereof, shall be guilty of a Class C felony within the jurisdiction of the Juvenile court.

2. If the risk of re-offense is moderate, Notification that the Juvenile Criminal Sex Offender will be establishing, or has established, a fixed residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared fixed residence of the Juvenile Criminal 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 Criminal 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 Criminal 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 Alabama State Law Enforcement Agency.

(d) The determination of Notification by the Sentencing Court shall not be subject to appeal.

(20) Paraphilia - a psychosexual disorder that includes recurrent, intense, sexually arousing fantasies, urges, and/or thoughts that usually involve humans, but may also include non-human objects. Suffering of one's self or partner, children, or non-consenting persons is common. A deviation in normal sexual interests and behavior that may include:

(a) Bestiality (Zoophilia) - sexual interest or arousal to animals.

(b) Coprophilia - sexual interest or arousal to feces.

(c) Exhibitionism - exposing one's genitalia to others for purposes of sexual arousal.

(d) Frottage - touching or rubbing against a non-consenting person.

(e) Fetishism - use of nonliving objects (e.g., shoes, undergarments, etc.) for sexual arousal that often involves masturbation.

(f) Hebophilia - sexual interest in, or arousal to, teens/post-pubescent children.

(g) Klismophilia - sexual arousal from enemas.

(h) Necrophilia - sexual interest in, or arousal, to corpses.

(i) Pedophilia - an unnatural attraction to prepubescent children (generally age thirteen (13) years or younger) including recurrent, intense, sexually arousing fantasies, sexual urges, or behaviors involving sexual activity.

(j) Pederasty - sexual interest in, or arousal to, adolescents.

(k) Sexual Masochism - sexual arousal/excitement from being humiliated, beaten, bound, or made to suffer.

(l) Sexual Sadism - sexual arousal/excitement from psychological or physical suffering of another.

(m) Telephone Scatologia - engaging in uninvited, sexually explicit talk with another person via the telephone. This is often referred to as "obscene phone calling".

(21) Registration - (Registration is sometimes referred to herein as "Registration and notification.") The Alabama Sex Offender Registration and Community Act requires law enforcement to maintain an electronic database of information relating to criminal sex offenders, including Juveniles. Immediately upon Release or immediately upon Adjudication of delinquency if the Juvenile Criminal Sex Offender is not committed, the following Registration requirements must be met:

(a) The Juvenile Criminal Sex Offender and the parent, custodian, or guardian shall register all Required Registration Information with local law enforcement in each county in which the Juvenile Criminal Sex Offender resides or intends to reside.

(b) Whenever a Juvenile Criminal Sex Offender establishes a new residence, the Juvenile Criminal Sex Offender and the parent, custodian, or guardian of the Juvenile Criminal Sex Offender shall immediately appear in person to register all Required Registration Information with local law enforcement in each county of residence.

(c) If the parent, custodian, or guardian of a Juvenile Criminal Sex Offender transfers or terminates the residence of the Juvenile Criminal Sex Offender, or the custody of the Juvenile Criminal Sex Offender is changed to a different parent, custodian, or guardian resulting in a transfer of residence, the original parent, custodian, or guardian with custody shall immediately notify local law enforcement in each county of residence.

(d) Whenever a Juvenile Criminal Sex Offender changes any Required Registration Information including, but not limited to, his or her school attendance status, the Juvenile Criminal Sex Offender and the parent, custodian, or guardian of the Juvenile Criminal Sex Offender shall immediately appear in person to update the Required Registration Information with local law enforcement in each county in which the Juvenile Criminal Sex Offender resides.

(e) A Juvenile adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time of the offense, shall be subject to Registration and Notification, if applicable, for life:

1. Rape in the first degree, as provided by Section 13A-6-61.

2. Sodomy in the first degree, as provided by Section 13A-6-63.

3. Sexual abuse in the first degree, as provided by Section 13A-6-66.

4. Sexual torture, as provided by Section 13A-6-65.1.

5. Any offense committed in any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.

6. Any offense, committed in this state or any other jurisdiction, comparable to or more severe than aggravated sexual abuse as described in 18 U.S.C. § 2241(a) or (b).

7. Any attempt or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.

(f) A Juvenile Criminal Sex Offender required to register for life shall appear in person with his or her parent, custodian, or guardian to verify all Required Registration Information during the birth month of the Juvenile Criminal Sex Offender and every three months thereafter with the local law enforcement in each county of residence unless the Juvenile Criminal Sex Offender has been relieved from Registration requirements pursuant to Section 15-20A-34.

(g) A Juvenile Criminal Sex Offender who is not subject to lifetime Registration shall be subject to the requirements of the Alabama Sex Offender Registration and Community Act for a period of 10 years from the date of first Registration.

(h) A Juvenile Criminal Sex Offender required to register for 10 years shall appear in person with his or her parent, custodian, or guardian to verify all Required Registration Information during the birth month of the Juvenile Criminal Sex Offender and every year thereafter with local law enforcement in each county of residence unless the Juvenile Criminal Sex Offender has been relieved from Registration requirements pursuant to Section 15-20A-24.

(i) At the time of Registration, the Juvenile Criminal Sex Offender shall be provided a form explaining all duties and any restrictions placed on the Juvenile Criminal Sex Offender. The Juvenile Criminal Sex Offender and the parent, custodian, or guardian of the Juvenile Criminal Sex Offender shall read and sign this form stating that he or she understands the duties and restrictions placed on the Juvenile Criminal Sex Offender and his or her parent, custodian, or guardian.

(j) When a Juvenile Criminal Sex Offender becomes the age of majority, the parent, custodian, or guardian of the Juvenile sex offender shall no longer be subject to the requirements of this section, and the Juvenile Criminal Sex Offender shall instead be solely responsible for the requirements in this section.

(k) A person who knowingly violates the Registration requirements of the Alabama Sex Offender Registration and Community Act shall be guilty of a Class C felony.

(22) Required Registration Information-The following registration information, unless otherwise indicated, shall be provided by the sex offender when registering:

(a) Name, including any aliases, nicknames, ethnic, or tribal names.

(b) Date of birth.

(c) Social Security number.

(d) Address of each residence.

(e) Name and address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

(f) Name and address of any employer where the sex offender works or will work, including any transient or day laborer information.

(g) The license plate number, Registration number or identifier, description, and permanent or frequent location where all vehicles are kept for any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

(h) Any telephone number used, including land line and cell phone numbers.

(i) Any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings other than those used exclusively in connection with a lawful commercial transaction.

(j) A current photograph.

(k) A physical description of the sex offender including physical appearance, physical characteristics, and identifying marks such as scars and tattoos.

(l) Fingerprints and palm prints.

(m) A DNA sample. The DNA sample may be collected by the probation officer, sheriff, chief of police, or other Responsible Agency. Prior to collecting a DNA sample, the Responsible Agency shall determine if a DNA sample has already been collected for the sex offender by checking the DruSjodin National Sex Offender Public Registry website, the Alabama Department of Forensic Sciences DNA Tracker site, or with the Alabama State Law Enforcement Agency. If a DNA sample has not been previously collected for the sex offender, the Responsible Agency shall coordinate for the collection of a DNA sample with the sheriff of the county in which the Registration is occurring. The collection of a DNA sample should be performed using materials recommended or provided by the Alabama Department of Forensic Sciences. The DNA sample shall be immediately forwarded by the entity collecting the sample to the Department of Forensic Sciences.

(n) A photocopy of the valid driver license or identification card.

(o) A photocopy of any and all passport and immigration documents.

(p) Any professional licensing information that authorizes the sex offender to engage in an occupation or carry out a trade or business.

(q) A full criminal history of the sex offender, including dates of all arrests and convictions, status of parole, probation, or supervised Release, Registration status, and outstanding arrest warrants.

(r) A list of any and all Internet service providers used by the sex offender.

(s) Any other information deemed necessary by the Secretary of the Alabama State Law Enforcement Agency.

(23) Voyeurism - observing unsuspecting individuals, usually stranger, who are naked, in the act of dressing or undressing, or engaging in sexual activities.

(24) Psychopharmacology - the use of prescribed medications to alter behavior, affect, and/or the cognitive process.

(25) Recidivism - commission of a crime after the individual has been criminally adjudicated for a previous crime after receiving sanctions and/or treatment for such crime.

(26) Release - discharge from the custody of the Department or other Juvenile detention, or placement on probation or parole or Aftercare, or placement into any facility or treatment program that allows the offender to have unsupervised access to the public.

(27) Release of Information - the sharing of information among individuals managing sexually abusive youths (e.g., two-way information Release between Treatment Providers and legal professionals includes the sharing of sexually abusive youth's legal and treatment records and other information necessary for the effective monitoring and supervision).

(28) Re-offend - commit another sexual crime.

(29) Responsible Agency - for a Juvenile Criminal Sex Offender being released from the Department, the Responsible Agency is the Department.

(30) Risk Assessment - a written report on the assessment of risk for sexually re-offending conducted by a treatment provider approved by the Department. The Treatment Provider shall provide a copy of the Risk Assessment to the Sentencing Court, the prosecuting attorney, and the Juvenile probation office not less than 60 days prior to the projected Release of the Juvenile Criminal Sex Offender from a facility where the Juvenile Criminal Sex Offender does not have unsupervised access to the public or immediately upon completion of the Risk Assessment if the Juvenile Criminal Sex Offender is not in a facility where the Juvenile Criminal Sex Offender does not have unsupervised access to the public. The report shall include, but not be limited to, the following regarding the criminal sex offender: criminal history, mental status, attitude, previous sexual offender treatment and response to treatment, social factors, conditions of Release expected to minimize risk of sexual re-offending and characteristics of the Criminal Sex Offense.

(31) Risk Factors - a set of internal stimuli or external circumstances that threaten sex offender's self-control and thus increases the risk of the youth committing a sexual offense. Characteristics that have been found through scientific study to be associated with increased likelihood of Recidivism for known sex offenders. Risk Factors are typically identified through risk assessment instruments. An example of a sex offender risk factor is a history of molesting boys.

(32) Risk Level - the determination by evaluation of a sex offender's likelihood of re-offense, and, if the offender re-offends, the extent to which the offense is likely to be traumatic to potential victims. In Alabama this judicial determination is based on the Alabama Sex Offender Registration and Community Notification Act. Sexual offenders who exhibit fewer offenses, less violence, less denial, a willingness to engage in treatment, no or few collateral issues (e.g., substance abuse, cognitive deficits, learning disabilities, neurological deficits, and use of weapons) are considered lower risk than those whose profile reflects more offenses, violence, etc. Risk Level is changeable, depending on behaviors exhibited within a treatment program. Disclosures of additional, previously unknown offenses or behaviors may also alter the offender's assessed Risk Level.

(33) Sentencing Court - the court of conviction or the court that determines sentence as a result of conviction or Adjudication.

(34) Sodomy - Deviant Sexual Contact (See legal definitions).

(35) Treatment Providers - persons approved to provide direct treatment services to youth with illegal sexual behavior problems shall have completed a graduate degree at the master's level or above from an accredited university in one of the following recognized mental health professions: psychiatry, psychology, social work, marriage and family counseling, counseling or psychiatric nursing. Persons who possess other graduate degrees in a related field or persons in training at the graduate level in one of the recognized mental health professions can assist in a treatment program as a co-facilitator or case manager. These persons shall be professionally supervised by a trained clinician from one of the above-designated disciplines.

Ala. Admin. Code r. 950-1-3-.03

New Rule: August 16, 2002; effective September 20, 2002.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Author: Department of Youth Services

Statutory Authority:Code of Ala. 1975, Title 44; Code of Ala. 1975, §§ 15-20-1 through 15-20-36; §§ 13A-6-60 through 13A-6-111.