91 So. 3d 724
Ala. Crim. App.2010Background
- Adams, convicted of first-degree rape and first-degree sodomy in 2001, is an adult criminal sex offender under the CNA.
- The CNA requires, before release, an address where the offender will reside, provided to the DOC at least 45 days prior to release.
- Adams could not provide a fixed residence and was indigent; shelters accepting sex offenders were scarce or unavailable.
- Kilby inmates faced barriers: limited housing options, no internet, and restricted ability to obtain housing listings; Adams wrote 'I don't have an address'.
- DOC Regulation No. 455 requires address verification with local authorities and can trigger arrest if a living address is not provided and approved 45 days before release.
- The trial court dismissed Adams's indictment on multiple constitutional grounds; the Alabama Court of Civil Appeals reviews de novo and proceeds as an as-applied challenge to the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CNA provision violates equal protection as applied | Adams argues wealth-based discrimination against indigent homeless offenders | State contends no wealth-based classification and statute uses plain terms | Yes; unequal treatment of indigent homeless offenders violates equal protection |
| Whether the CNA provision constitutes cruel and unusual punishment as applied | Punishes homelessness by punishing status rather than conduct | Statute punishes failure to comply, not homelessness itself; it targets conduct | Yes; violates Eighth Amendment and Alabama equivalent when applied to indigent homeless |
Key Cases Cited
- Griffin v. Illinois, 351 U.S. 12 (U.S. 1956) (indigent entitled to fundamental fair process in trials and appeals)
- Bearden v. Georgia, 461 U.S. 660 (U.S. 1983) (cannot revoke probation for nonpayment without considering efforts to pay)
- Robinson v. California, 370 U.S. 660 (U.S. 1962) (cannot criminalize status of being addicted to narcotics)
- Powell v. Texas, 392 U.S. 514 (U.S. 1968) (conduct vs. status distinction in involuntary circumstances)
- Williams v. Illinois, 399 U.S. 235 (U.S. 1970) (indigent not guaranteed right to free transcript in discretionary appeals)
- Smith v. Doe, 538 U.S. 84 (U.S. 2003) (context for sex offender registration and community notification)
- Jones v. City of Los Angeles, 444 F.3d 1118 (9th Cir. 2006) (Eighth Amendment limits on criminalizing involuntary acts tied to homelessness)