Code of Alabama

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22-14-32
Section 22-14-32 Submission of fingerprint cards to F.B.I. The Alabama State Law Enforcement
Agency shall submit one set of the classifiable fingerprint cards of such employee to the
identification division of the Federal Bureau of Investigation with a request that the bureau
search its criminal history files to ascertain if such employee has a criminal history and
furnish any identifiable information on such employee to the department. (Acts 1979, No. 79-805,
p. 1483, §3.)...
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16-22A-6
Section 16-22A-6 Request from schools for criminal history background information check. (a)
The State Department of Education, or other public authorized employer responsible for hiring
employees who will have unsupervised access to children in an educational setting, shall request
through the State Department of Education, that the Department of Public Safety secure from
both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history
background information check on each applicant for certification, certified applicant for
public employment, noncertified applicant for public employment, and public current employee
under review. (b) Any nonpublic school in which an individual may have unsupervised access
to children in an educational setting, shall through its duly authorized representative under
guidelines established by the nonpublic school employer, request that the Department of Public
Safety secure a state criminal history background information...
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16-22A-2
Section 16-22A-2 Legislative intent. Under the National Child Protection Act of 1993, Public
Law 103-209, 42 U.S.C. 5119, et seq., the states are required to implement a computerized
information system to provide child abuse crime information through the Federal Bureau of
Investigation National Criminal History Record Information System and may conduct a nationwide
criminal history background information check for the purpose of determining whether an individual
who will have unsupervised access to children is suitable for employment or has been convicted
of a crime that bears upon the fitness of the individual to teach or have responsibility for
the safety and well-being of children as defined in this chapter. The Legislature finds that
there is a compelling state interest and it is in the best interest of the children of Alabama
to protect them from those persons who may inflict physical or mental injury or abuse, sexual
abuse or exploitation, or maltreatment or other mistreatment...
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38-12-3
Section 38-12-3 Investigation of prospective kinship foster parent. (a) A person may become
a kinship foster parent only upon the completion of an investigation to ascertain if there
is a state or federal record of criminal history for the prospective kinship foster parent
or any other adult residing in the prospective foster parent's home. (b) The Alabama Bureau
of Investigation shall conduct the investigation and shall make the results of the investigation
available to the department in accordance with this section. The department shall maintain
the confidentiality of the investigation results and shall use the results only for purposes
of determining a person's eligibility to become a kinship foster parent. (c) It is unlawful,
except for the purpose of determining a person's eligibility for kinship foster care, for
any person to disclose information obtained under this section. Any person violating this
section commits a Class A misdemeanor. (Act 99-437, p. 864, §3.)...
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16-22A-33
Section 16-22A-33 Submission of additional reports; suitability determination. Upon request
of the State Superintendent of Education, the Department of Public Safety shall request and
obtain nationwide criminal history background information reports from the Federal Bureau
of Investigation and statewide criminal history background information reports from the Alabama
Bureau of Investigation for each current public certified employee and current public noncertified
employee within a reasonable time after receipt of the request. Within a reasonable time after
receipt of the reports, the Department of Public Safety shall submit both the nationwide and
statewide criminal history background information reports directly to the State Department
of Education. (1) If the criminal history background information reports pertain to a current
public certified employee, the State Superintendent of Education shall review the criminal
history record information reports and make a diligent effort to...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection Act of
1993, Public Law 103-209, 42 U.S.C. § 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from...
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32-2-60
Section 32-2-60 Definitions. When used in this article, the following terms have the following
meanings, respectively, unless the context clearly indicates a different meaning: (1) CRIMINAL
HISTORY INFORMATION. Information collected and stored in the criminal record repository of
the Department of Public Safety reflecting the result of an arrest, detention, or initiation
of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest
record information, fingerprint cards, correctional induction and release information, identifiable
descriptions and notations of arrests, detentions, indictments, or other formal charges. The
term shall not include analytical records or investigative reports that contain criminal intelligence
information or criminal investigation information. (2) CRIMINAL JUSTICE AGENCY. Any municipal,
county, state, or federal agency whose personnel have power of arrest and who perform a law
enforcement function. This definition shall also...
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45-1-82.04
Section 45-1-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The district attorney may require the offender to submit
to any type of test or evaluation process or interview the district attorney deems appropriate
in evaluating the offender for admittance into the pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided
for by this part. (Act 2006-89, p. 110, §5.)...
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45-12-82.04
Section 45-12-82.04 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The district attorney may require the offender to submit
to any type of test or evaluation process or interview the district attorney deems appropriate
in evaluating the offender for admittance into the pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided
for by this part. (Act 2006-595, p. 1625, §5.)...
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45-16-82.24
Section 45-16-82.24 Admission into program. (a) Prior to being admitted to the pretrial diversion
program or as a part of the district attorney's evaluation process, an applicant may be required
by the district attorney to furnish information concerning past criminal history, educational
history, work record, family history, medical or psychiatric treatment or care received, psychological
tests taken, and any other information concerning the offender which the district attorney
believes has a bearing on the decision as to whether or not the offender should be admitted
to the pretrial diversion program. (b) The district attorney may require the offender to submit
to any type of test or evaluation process or interview the district attorney deems appropriate
in evaluating the offender for admittance into the pretrial diversion program. The costs of
any test or evaluation shall be paid by the offender or as otherwise agreed to or as provided
for by this subpart. (Act 2005-145, p. 249,...
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