Ala. Admin. Code r. 265-X-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 265-X-2-.01 - Definitions

(1) The term "criminal justice agencies "means only those public agencies, or subunits thereof, at all levels of government which perform as their principal function activities 1) relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of criminal offenders; or 2) relating to the collection, storage, and dissemination of criminal justice records.

(2) The terms "criminal history record information", "criminal history information", "criminal histories", "criminal history record" or "CHRI" mean information compiled by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges and any disposition arising therefrom, sentencing, correctional supervision, and release. It shall be understood not to include intelligence, analytical, and investigative reports and files, nor statistical records and reports in which individuals are not identified and from which their identities are not ascertainable.

(3) The term "Alabama Background Check (ABC) System", "Alabama Background Check", "ABC system", "Alabama Background Check program", "ABC program", or "ABC" means the system administered by the Alabama Criminal Justice Information Center to allow "employers" or others allowed by law to obtain ABC reports.

(4) The term "ABC Report" means a report produced by information systems within ACJIC that details a specific person's criminal record including, but not limited to, records within the state's criminal history repository at ACJIC.

(5) The term "Commission" means Alabama Criminal Justice Information Center Commission.

(6) The term "ACJIC" means Alabama Criminal Justice Information Center.

(7) The term "NCIC" means the National Crime Information Center operated by the Federal Bureau of Investigation.

(8) The term "LEDS" refers to the Law Enforcement Data System operated by the ACJIC. LEDS contains computerized files consisting of wanted persons, stolen vehicles, stolen property and firearms, vehicle and boat registration, and drivers license information.

(9) The term "direct access" means access or the right to access by an agency or individual to criminal justice records maintained by the ACJIC without the intervention of another and independent agency or individual.

(10) The term "indirect access" means access to criminal justice information through any agency or individual authorized direct access to criminal justice records maintained by ACJIC.

(11) The term "administration of criminal justice" means the performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities and the collection, storage, and dissemination of criminal history record information.

(12) The term "system log(s) " means statistical information and reports of any nature whatsoever that can be compiled from data relating to the operation of the ACJIC's computerized information system and telecommunication network, including, but not limited to, terminal activity reports and dissemination logs.

(13) An "employer" is defined as meeting one of the following criteria

(a) "Non-Farm Business Employer" is any employer who has had in employment one or more workers on some day in 20 or more different weeks, whether or not consecutive, during the current or preceding calendar year, or who has paid wages of $1,500.00 or more in any calendar quarter during the current or preceding calendar year.

(b) A "Household Domestic Employer" is any employer who has paid domestic workers in a private household, college club, fraternity or sorority house a total of $1,000.00 or more in cash wages in any calendar quarter during the current or preceding calendar year.

(c) An "Agricultural Employer" is any employer who has had in employment 10 or more agricultural workers on the same day in 20 or more different weeks during the current or preceding calendar year or who has paid a total of $20,000.00 in cash wages to agricultural workers during any calendar quarter of the current or preceding calendar year.

(d) A "Government Employer" is any state or federal agency or political subdivision of a state.

(14) An "employee" is defined as any person who worked full-time or part-time for any period, whether financially compensated, volunteered, or for the purpose of government or educational benefit for the employer, as defined in this administrative rule.

(15) A "prospective employee" is defined as any person who has made application to work full-time or part-time for any period, whether financially compensated, volunteered, or for the purpose of government or educational benefit to the employer, as defined in this administrative rule.

(16) The "right to know" defined as an employee's or prospective employee's criminal record is established by having the employee or prospective employee to sign a ABC System, waiver. (See Appendix D.)

(17) "Third Party User" means is an agent of the "employer" designated to receive ABC reports on the behalf of the "employer" by entering into a "Third Party Users' agreement" with ACJIC. (See Appendix F)

Ala. Admin. Code r. 265-X-2-.01

Filed June 24, 1987. Amended: Filed July 25, 2006; effective August 29, 2006. Amended: Filed July 29, 2008; effective September 2, 2008.

Author: Becki R. Goggins

Statutory Authority:Code of Ala. 1975, § 41-9-594.