Following the trial court’s ruling that permanently enjoined the Georgia Department of Corrections GDC from requiring Mario Urbina to register as a sex offender, Brian Owens, Commissioner of the GDC, appeals. For the reasons set forth below, we affirm.
The record shows that Urbina, a Georgia resident, taught piano lessons to children in Alabama. On February 1, 2012, Urbina was indicted in Alabama for 1 Enticing a Child to Enter for Immoral Purposes and 2 Sex Abuse of a Child Less than 12 Years of Age. It was alleged in the indictment that Urbina had sexual contact with a young female in a room at the church where he was teaching piano lessons. On April 26, 2012, Urbina entered into a negotiated plea with the State of Alabama to plead guilty to Interference with Custody, a Class C felony in Alabama that is punishable for up to ten years in prison.1 Unlike the initial indictment, which was nolle prossed, the information upon which Urbina was charged and convicted for Interference with Custody states only that Urbina “did knowingly take or entice a child under the age of 18, . . . from the lawful custody of her parent, guardian, or other lawful custodian.” Urbina agreed to serve four years imprisonment, but the trial court later reduced the sentence to four years on probation. Subsequently, Urbina sought to transfer his probation supervision from Alabama to Georgia so that he could return to his Georgia residence and reunite with his wife and children.2 The GDC informed Urbina that he would be required to register as a sex offender. Urbina then filed a Petition for Declaratory Judgment and Permanent Injunction in Fulton County Superior Court, seeking 1 a declaratory judgment stating whether he was required to register as a sex offender in Georgia and 2 a permanent injunction to prevent GDC from requiring Urbina to register as a sex offender as a condition of transferring his probation supervision from Alabama to Georgia. On January 15, 2014, the trial court held, in relevant part: