This provision lets the Board, a court, or a supervising officer impose sex-offender treatment and related polygraph conditions, limits changes to treatment providers, and requires payment of costs unless the person is indigent.
(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 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.