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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations;
checks on subsequent activity. (a) Every employer, child care facility, adult care facility,
the Department of Human Resources, and child placing agency required to obtain a criminal
history background information check pursuant to this chapter shall obtain, prior to or upon
the date of employment, or issuance of a license or approval or renewal thereof, and maintain
in the agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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15-22-28
Section 15-22-28 Investigation for parole; temporary leave; parole restrictions. (a)
It shall be the duty of the Board of Pardons and Paroles, upon its own initiative, to make
an investigation of any and all prisoners confined in the jails and prisons of the state,
through use of a validated risk and needs assessment as defined in Section 12-25-32,
with a view of determining the feasibility of releasing the prisoners on parole and effecting
their reclamation. Reinvestigations shall be made from time to time as the board may determine
or as the Department of Corrections may request. The investigations shall include such reports
and other information as the board may require from the Department of Corrections or any of
its officers, agents, or employees. (b) It shall be the duty of the Department of Corrections
to cooperate with the Board of Pardons and Paroles for the purpose of carrying out this article.
(c) Temporary leave from prison, including Christmas furloughs, may be granted...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of
determinations. (a) Criminal history background information checks shall be performed by the
Department of Public Safety upon request by an employer, child care facility, adult care facility,
or child placing agency authorized to make a request, or the Department of Human Resources.
The Department of Public Safety shall provide a criminal history background check within a
reasonable time of the receipt of the request. National criminal history background checks
shall be requested by the Department of Public Safety from the Federal Bureau of Investigation
within a reasonable time of the request. The Department of Public Safety, upon receipt of
the criminal history background report from the Federal Bureau of Investigation, shall forward
the report to the Department of Human Resources within a reasonable period. (b) Criminal history
background information reports shall be sent from the Department of...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning
October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues
and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1)
Ten percent of the fund shall be allocated to the Department of Public Health for distribution
to one or more of the following: a. The Children's Health Insurance Program. b. Programs for
tobacco control among children with the purpose being to reduce the consumption...
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15-20A-3
Section 15-20A-3 Applicability. (a) This chapter is applicable to every adult sex offender
convicted of a sex offense as defined in Section 15-20A-5, without regard to when his
or her crime or crimes were committed or his or her duty to register arose. (b) Any adult
sex offender shall be subject to this chapter for life. (c) This chapter is applicable to
juvenile sex offenders who are adjudicated delinquent pursuant to the Alabama Juvenile Justice
Act, Sections 12-15-101 to 12-15-601, inclusive, formerly Sections 12-15-1 to 12-15-176, inclusive,
Code of Alabama 1975, of a sex offense as defined in Section 15-20A-5. (d) A juvenile
sex offender adjudicated delinquent of a sex offense as defined in Section 15-20A-5
on or after July 1, 2011, shall be subject to this chapter for the duration of time as provided
in Section 15-20A-28. A juvenile sex offender adjudicated delinquent of a sex offense
as defined in Section 15-20A-5 prior to July 1, 2011, shall be subject to registration
and...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2,
13A-5-6, 14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama
1975, a criminal sex offense involving a child shall mean a conviction for any sex offense
in which the victim was a child under the age of 12 or any offense involving child pornography.
(b) For the purpose of Section 12-15-107(a)(7), a juvenile probation officer shall
notify the state and either the parent, legal guardian, or legal custodian of a juvenile sex
offender, or the child's attorney for the juvenile sex offender, of the pending release of
the sex offender and provide them with a copy of the risk assessment pursuant to subsection
(c) of Section 15-20A-26. (c) For the purpose of Section 12-15-116(a)(5), a
juvenile court shall have exclusive original jurisdiction to try any individual who is 18
years of age or older and violates any of the juvenile criminal sex offender provisions of
subdivision (1) of subsection...
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15-20A-28
Section 15-20A-28 Juvenile sex offender - Lifetime registration and notification. (a)
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. ยง 2241(a)
or (b). (7) Any attempt or conspiracy to commit any of the offenses listed in subdivisions
(1)...
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15-20A-45
Section 15-20A-45 Penalties. (a) A sex offender who is convicted of any offense specified
in this chapter, in addition to any imprisonment or fine, or both, and in addition to any
other fees, costs, and assessments, imposed for the commission of the underlying offense,
shall be punished by a fine of two hundred fifty dollars ($250). (b) The fines collected in
subsection (a) shall be distributed as follows: (1) Fifty dollars ($50) to the Highway Traffic
Safety Fund in the Alabama State Law Enforcement Agency. (2) Twenty-five dollars ($25) to
the Circuit Clerk's Restitution Recovery Fund. (3) Twenty-five dollars ($25) to the State
General Fund. (4) Fifty dollars ($50) to the District Attorney's Fund or the fund prescribed
by law for district attorney fees. (5) Fifty dollars ($50) to the Office of Prosecution Services
for the Alabama Computer Forensics Labs. (6) Fifty dollars ($50) to the law enforcement agency
who requested the warrant subject to the following: a. If the warrant was...
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12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit court or district
court in a circuit in which a pretrial diversion program has been created pursuant to this
division may apply to the district attorney of the circuit for admittance to the program.
(b) A person charged with any of the following offenses may apply for the pretrial diversion
program: (1) A drug offense, excluding sale of a controlled substance as provided in Section
13A-12-211, trafficking in controlled substances or cannabis as provided in Section
13A-12-231, manufacturing controlled substances in the first degree as provided in Section
13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3)
An offense that does not involve serious physical injury, death, a victim under the age of
14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor
or...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall
be for a definite term of imprisonment, which imprisonment includes hard labor, within the
following limitations: (1) For a Class A felony, for life or not more than 99 years or less
than 10 years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3)
For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in
accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to
Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5.
(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be
in accordance with subsection (b) of Section 15-18-8. (5) For a Class A felony in which
a firearm or deadly weapon was used or attempted to be used in the commission of the felony,
or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not
less than 20 years. (6) For a...
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