And the following is from an official AG Office Press Release about the bill.
July 27, 2005
(MONTGOMERY)—Attorney General Troy King thanked the Alabama Legislature today for unanimously approving a strong new Community Notification Act to provide true protection of Alabama families and children from dangerous sex offenders. Yesterday, the Legislature passed the bill drafted and advocated by Attorney General King with the support of law enforcement officers throughout the state. The bill passed 101 to 0 in the House of Representatives and 33 to 0 in the Senate.
"With the passage of this legislation, we have made true our promise to protect the children of Alabama from sex predators," said Attorney General King. "We have taken the old, inadequate law that lulled families into a false sense of security, and we have replaced it with a tough and effective new Community Notification Act that will punish sex offenders and give law enforcement the procedures and tools to track sex offenders and to truly keep Alabama's children safe from these vicious predators."
Among the significant changes in the new law are mandatory minimum sentences of 20 years in prison for sex offenders convicted of class A felonies and 10 years for class B felonies. These criminals would also be ineligible for probation, split sentences, correctional incentive time for early release, or parole.
Other substantive changes under the new Community Notification Act are as follows:
• The Alabama Criminal Justice Information Center would be empowered to establish a system of electronic monitoring for sex offenders.
• Sexually violent predators and those who commit class A felony sex offenses against children younger than 12 would be subject to at least 10 years of electronic monitoring after their release.
• Those who commit sex offenses against children under age 12 would be prohibited from working or loitering at or near schools, parks or other areas where children gather.
• All penalties in the Community Notification Act would become class C felonies.
• The new law would extend and clarify those who are covered. Offenders who pleaded "nolo contendere"—not contesting their guilt—to criminal sex offenses in other states would be subject to community notification requirements. It also would cover most offenders convicted under federal laws and in other states without preliminary procedural hearings
• Reporting time periods would be tightened. Sex offenders would have to report to local law enforcement after their release from prison or change of residence within seven days instead of the 30 now allowed. They would have to declare their intended place of residence 45 days before their release from prison, instead of 30. For those who refuse to provide information or give false addresses before their release from prison, the proposed law clarifies the process for re-arresting and criminally charging them.
• In addition to their residence, sex offenders would also have to register to inform local law enforcement of their workplace. They would bear the obligation to biannually verify their residence.
• Sex offenders would be required to possess either a driver's license or identification card that would be marked by the Department of Public Safety to identity them as sex offenders.
If I am reading this press release correctly then it says there are now mandatory minimums and under them Jerry Wayne Love should have been sentenced to a minimum of 60 years on the three Class A sodomy counts, which he plead guilty to, and also be ineligible for probation, split sentences, correctional incentive time for early release, or parole.
Yet he is walking around a free man. I am no lawyer so I won't speculate on what twisted grounds by which this unreality has come about.
But, so much for protecting the children, eh?
I wonder why Troy King's office hasn't commented on this case? Why isn't he all over it? Surely he knows about a case in his state that has been receiving national media attention for over a week....surely!
I'll be contacting Attorney General Kings office today and asking that question and others...Like how could a DA's office offer such an absolute sweetheart of a deal to someone who plead guilty to these horrific crimes against children, especially since we have these new laws he was so gung-ho about during the session? How could a Judge accept such a plea deal? Will he please open an investigation into this case? Surely he will. After all he stepped in and filed an appeal when Judge Bush in Autauga Co. freed a man convicted of possessing child pornography to live in his home where his minor daughter also resides. I'd find it real disappointing if he never made a peep in a far worse case where the child sodomizer will never see jail time at all. That cannot be.
I encourage all of you angry Alabama citizens to write as well and ask him whatever questions you may also have.
Another thing you can do is to file a complaint with the Alabama Judicial Inquiry Commission. The first thing that must be determined is which part of the Canon of Judicial Ethics Judge Hall may have violated. If there are any legal minds out there who would like to help with this project please feel free to chime in. I filed one of these back in 2004 and will post it here as sort of a guide.