Code of Alabama

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38-13-8
Section 38-13-8 Confidentiality and disclosure of reports. (a) All reports of criminal history
background information received by the Department of Human Resources from the Department of
Public Safety shall be confidential and marked confidential with no further disclosure and
shall not be made available for public inspection. (b) All criminal history background information
reports shall be excluded from any requirement of public disclosure as a public record. (c)
Without additional public disclosure, the following release of the criminal history background
information report shall not be construed to violate this section: (1) Showing the report
to the applicant or current employee. (2) Release of the report to a court of competent jurisdiction
in the event of litigation brought by the applicant or employee. (3) Release of the report
to a court of competent jurisdiction upon a finding that the information is material to the
issues of the case before the court. (4) Use of the report in...
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12-19-180
Section 12-19-180 Criminal history processing fee; allocation of monies; access to court data
from within and without Unified Judicial System; user fees to be deposited in Court Automation
Fund; section not bar to public access to court records. (a) In addition to all other costs,
fees, or fines prescribed by law, each person convicted of a crime in a municipal, district,
or circuit court, except traffic cases which do not involve driving under the influence of
alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and
juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30).
The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated
Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund,
and a fund to be designated as the Criminal Justice Information...
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41-9-590
Section 41-9-590 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates a different meaning:
(1) AJIC or COMMISSION. The Alabama Justice Information Commission. (2) ALEA. The Alabama
State Law Enforcement Agency. (3) CRIMINAL JUSTICE AGENCIES. Federal, state, local, and tribal
public agencies that perform substantial activities or planning for activities relating to
the identification, apprehension, prosecution, adjudication, or rehabilitation of civil, traffic,
and criminal offenders. (4) CRIMINAL JUSTICE INFORMATION. Data necessary for criminal justice
agencies to perform their duties and enforce existing law. This term includes biometric, identity
history, person, organization, property, when accompanied by any personally identifiable information,
case/incident history data, and any other data deemed criminal justice information by the
FBI CJIS Security Policy. The term also includes...
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44-2-20
Section 44-2-20 Text of compact. The Interstate Compact on the Placement of Children is hereby
enacted into law and entered into with all other jurisdictions legally joining therein in
form substantially as follows: Article I. Purpose and Policy. It is the purpose and policy
of the party states to cooperate with each other in the interstate placement of children to
the end that: (a) Each child requiring placement shall receive the maximum opportunity to
be placed in a suitable environment and with persons or institutions having appropriate qualifications
and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate
authorities in a state where a child is to be placed may have full opportunity to ascertain
the circumstances of the proposed placement, thereby promoting full compliance with applicable
requirements for the protection of the child. (c) The proper authorities of the state from
which the placement is made may obtain the most complete...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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15-20A-42
Section 15-20A-42 Collection and dissemination of information by Alabama State Law Enforcement
Agency. (a) Any jurisdiction or agency responsible for registering a sex offender shall immediately
forward all required registration information and any changes to the required registration
information received to the Alabama State Law Enforcement Agency in a manner determined by
the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary
upon recommendation of an advisory board consisting of representatives of the office of the
Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association,
and the Alabama State Law Enforcement Agency. The advisory board members shall not receive
any compensation or reimbursement for serving on the advisory board. (b) Upon notification
or discovery of the death of a sex offender, the registering agency shall immediately notify
the Alabama State Law Enforcement Agency. (c) The...
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16-40-9
Section 16-40-9 Instruction for avoiding child sexual abuse. (a)(1) The Legislature recognizes
that Erin Merryn was raped and molested for six and a half years by a neighbor and a family
member. She began a crusade her senior year of high school in 2004 to end the silence and
shame around sexual abuse. Erin's Law has been adopted in a number of states to help address
the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence
and stigma around child sexual abuse, and to educate children and empower them to recognize
and to report abuse. (3) The Legislature finds that without a specific initiative like Erin's
Law, schools generally fail to give young students adequate awareness and a voice in this
issue. (b) The Governor's Task Force on Prevention of Sexual Abuse of Children created under
subsection (c) shall adopt guidelines for a child sexual abuse prevention instructional program.
The guidelines shall: (1) Educate children in grades pre-kindergarten...
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26-14-7.1
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person
who comes under investigation by the Department of Human Resources for the abuse or neglect
of a child or children and who is employed by, serves as a volunteer for, holds a license
or certificate for, or is connected with any facility, agency, or home which cares for and
controls any children and which is licensed, approved, or certified by the state, operated
as a state facility, or any public, private, or religious facility or agency that may be exempt
from licensing procedures shall be granted the following due process rights by the Department
of Human Resources: (1) The department shall notify the alleged perpetrator that an investigation
has commenced against him or her after such investigation has officially begun in accordance
with written policies established by the Department of Human Resources. The notice shall be
in writing and shall state the name of the child or children...
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26-16-2
Section 26-16-2 Definitions. As used in this article, the following words and phrases shall
have the meanings herein ascribed to them: (1) CHILD. A person under 18 years of age. (2)
CHILD ABUSE. Harm or threatened harm to a child's health or welfare by a person responsible
for the child's health or welfare, which harm occurs or is threatened through nonaccidental
physical or mental injury; sexual abuse, which includes a violation of any provision of Article
4, Chapter 6, Title 13A. (3) CULTURAL COMPETENCY. The ability of an individual or organization
to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal
styles, attitudes, and behaviors of persons and families of various cultures, including persons
and families of various cultures who participate in services from the individual or organization
and persons of various cultures who provide services for the individual or organization. (4)
DEPARTMENT. The Department of Child Abuse and Neglect Prevention....
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34-21-122
Section 34-21-122 General provisions and jurisdiction. (a) A multistate license to practice
registered or licensed practical nursing issued by a home state to a resident in that state
shall be recognized by each party state as authorizing a nurse to practice as a registered
nurse or as a licensed practical nurse, under a multistate licensure privilege, in each party
state. (b) A state shall implement procedures for considering the criminal history records
of applicants for initial multistate licensure or licensure by endorsement. The procedures
shall include the submission of fingerprints or other biometric-based information by applicants
for the purpose of obtaining the criminal history record information of an applicant from
the Federal Bureau of Investigation and the agency responsible for retaining the criminal
records of that state. (c) Each party state shall require an applicant to satisfy all of the
following to obtain or retain a multistate license in his or her home state: (1)...
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