reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-3 - THE COMMISSION - POWERS AND DUTIES › Section 262-X-3-.04 - Compensation For Economic Loss Resulting From Criminal Conduct-Authorized; Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Commission may award compensation for economic loss arising from criminally
			 injurious conduct as satisfied by a preponderance of the evidence that the
			 requirements for compensation have been met.
(2) The Commission shall hear and determine
			 all matters relating to claims for compensation, and shall have the power to
			 reinvestigate or reopen claims without regard to statutes of
			 limitation.
(3) The Commission
			 shall have the power to subpoena witnesses, compel their attendance, require
			 the production of records and other evidence, administer oaths or affirmations,
			 conduct hearings and receive relevant evidence.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-3 - THE COMMISSION - POWERS AND DUTIES › Section 262-X-3-.05 - Collateral Source Contribution Not Required

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall not require any claimant to seek or accept
				any collateral source contribution, unless the claimant was receiving or was
				entitled to receive such benefits prior to the occurrence giving rise to the
				claim under the provisions of this chapter; provided, however, no applicant
				shall be denied compensation solely because such applicant is entitled to
				income from a collateral source. All claimants filing a civil suit for damages
				resulting from the victimization for which they filed for compensation must
				promptly report the filing of such suit to the Commission.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-3 - THE COMMISSION - POWERS AND DUTIES › Section 262-X-3-.06 - Procedure In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Authority:
(a)
Code of Ala.
			 1975
, §
									15-23-10(a)(b)(c),
			 (1995), which provides:
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.01 - Filing Of Claims

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 claim may be filed by the victim, a dependent of a deceased victim, or a person
			 legally authorized to act on behalf of a deceased victim. When the victim is a
			 minor, a parent or legal guardian may file on his/her behalf. A guardian,
			 conservator, or other person legally authorized to act on behalf of an
			 incapacitated victim may file a claim on his/her behalf.
(2) A claim must be filed with the Commission
			 within one (1) year after the death or injury upon which the claim is based or
			 the Commission finds that there was good cause for the failure to file within
			 that time.
(3) The date on which
			 each claim is received by the Commission shall be documented. An ACVCC
			 application that has been signed by either facsimile signature or electronic
			 signature must be submitted for a compensation request to be processed. If the
			 Commission is not satisfied that the facsimile signature or the electronic
			 signature is authentic, it may request an original, notarized signature from
			 the claimant.
(4) The Commission
			 will make written request to the claimant for needed information/documentation.
			 The claimant shall have forty-five (45) days to submit the requested
			 information/documentation to the Commission. Failure to provide
			 information/documentation within forty-five (45) days may, at the Commission's
			 discretion, result in the non-approval of the claim.
(5) Separate claims may be filed for
			 individual family members who are victims.
Author:
Dr. Cassie T. Jones
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.03 - Contribution To Offense

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Authority:
(a)
Code of Ala.
			 1975
, §
									15-23-12(b) (1995), which provides:
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.05 - Emergency Awards

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may make or authorize the executive director to
				make in advance an emergency award of compensation to the applicant prior to
				taking action on an application or pending a final decision when it appears
				that the claim is one for which compensation is probable and undue hardship
				will result to the applicant if immediate payment is not made. The Commission
				may consider undue hardship to exist in the following circumstances:
(a) The applicant is without income at the
			 time of application or immediately prior thereto resulting in loss of food,
			 heat or shelter;
(b) The applicant
			 is in fear or danger for his/her life due to his/her victimization;
			 or
(c) The applicant cannot receive
			 emergency services without emergency payment;
(d) Crime scene clean up shall be considered
			 an emergency service. The maximum award for crime scene clean up shall not
			 exceed one thousand dollars ($1,000).
(e) Prescription drugs that have been
			 prescribed as a result of victimization shall be considered an emergency
			 product. A copy of the prescription and the pharmacy's statement of the cost of
			 the drug must be received by the Commission in order for the prescription
			 expense to be considered for emergency payment. Prescriptions for pre-existing
			 medical conditions shall not be considered for reimbursement.
(f) Moving expenses may be considered an
			 emergency service for applicants. Moving expenses may be considered as an
			 emergency expense for applicants who have moved and applicants who have not yet
			 moved. Proof of moving expenses must be received by the Commission for the
			 moving expense to be considered for emergency payment.
The applicant may request in the initial application that
				consideration be given for an emergency award and provide justification for
				such award. A decision denying an emergency award shall not be appealable. The
				amount of such emergency award shall not exceed one thousand dollars. An
				emergency award shall be deducted from the final compensation made to the
				applicant. If the final award is less than the amount of the emergency award,
				the applicant must repay the excess award to the Commission. All emergency
				awards are subject to the
Code of Ala.
				1975
.
Author:
Dr. Cassie T. Jones
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.06 - Garnishment And Assignment Of Compensation Awards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An award shall not be subject to state or
			 municipal taxation or to execution, attachment, or garnishment, except as same
			 may pertain to an obligation for the support of dependent children or as the
			 same may pertain to a creditor which has provided products, services or
			 accommodations, the cost of which are included in the award.
(2) An assignment by the claimant to any
			 future award is unenforceable, except:
(a) an
			 assignment of any award for work loss to assure payment of court- ordered child
			 support; or
(b) an assignment of
			 any award for allowable expense to the extent that the benefits are for the
			 cost of products, services or accommodations necessitated by the injury or
			 death on which the claim is based and are provided or to be provided by the
			 assignee.
Author:
Martin A. Ramsay
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.07 - Mental Health Benefits

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Qualified Providers - The Commission may provide reimbursement/payment of
			 therapy expenses if the therapy was provided by a psychiatrist, psychologist,
			 professional counselor, or clinical social worker that is licensed by the
			 appropriate governmental licensing body. The clinician must have an active
			 license at the time the therapy was provided in order to qualify for
			 reimbursement/payment of therapy expenses.
(2) Appropriate Treatment
(a) ACVCC must receive a letter from the
			 clinician certifying that the victim is engaged in necessary therapy due to
			 his/her victimization.
(b)
			 Quarterly updates from the clinician certifying that the treatment is necessary
			 and the result of victimization must be submitted in order for payment to be
			 considered.
(c) The clinician must
			 provide an itemized bill for treatment sessions.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.08 - Out-Of-State Claims

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Pursuant to §
								15-23-3(2) b of the
Code of Ala. 1975
, criminally injurious
			 conduct includes an act occurring or attempted outside the geographical
			 boundaries of this state in another state of the United States of America which
			 is punishable by fine, imprisonment, or death and which results in personal
			 injury or death to a citizen of this state, and shall include an act of
			 terrorism, as defined in Section 2331 of Title 18, United States Code,
			 committed outside of the United States, against a resident of this state;
			 provided however, the citizen at the time such act was committed had a
			 permanent place of residence within the geographical boundaries of this state,
			 and in addition thereto any of the following circumstances apply, that the
			 citizen:
(a) Had a permanent place of
			 employment located within the geographical boundaries of this state.
(b) Was a member of the regular Armed Forces
			 of the United States of America; or the United States Coast Guard; or was a
			 full-time member of the Alabama National Guard, Alabama Air National Guard,
			 U.S. Army Reserve, U.S. Naval Reserve, or U.S. Air Force Reserve.
(c) Was retired and receiving Social Security
			 or other retirement income.
(4) Was 60 years
			 of age or older.
(5) Was
			 temporarily in another state of the United States of America for the purpose of
			 receiving medical treatment.
(6)
			 Was temporarily in another state of the United States of America for the
			 purpose of performing employment-related duties required by an employer located
			 within the geographical boundaries of this state as an express condition of
			 employment or employee benefits.
(7) Was temporarily in another state of the
			 United States of America for the purpose of receiving occupational, vocational,
			 or other job-related training or instruction required by an employer located
			 within the geographical boundaries of this state as an express condition of
			 employment or employee benefits.
(8) Was a full-time student at an academic
			 institution, college, or university located in another state of the United
			 States of America.
(9) Had not
			 departed the geographical boundaries of this state for a period exceeding 30
			 days or with the intention of becoming a citizen of another state or
			 establishing a permanent place of residence in another state.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.09 - Homicide Victims And Minor Victims

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Homicide Victims
(a) The person legally authorized to act on a
			 homicide victim's behalf may file for compensation benefits. For example: the
			 next-of-kin of the homicide victim or the executor of the homicide victim's
			 estate
(b) If a homicide victim has
			 multiple relatives with the same degree of consanguinity, the relative that
			 files for compensation benefits first shall be the claimant.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-4 - ELIGIBILITY CRITERIA FOR COMPENSATION › Section 262-X-4-.10 - Reconsideration Of Claims Filed On Behalf Of Minor Victims, Incompetent Victims, Or Deceased Victims

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Authority
(a)
Code of Ala.
			 1975
, §
									15-23-12(d) (1995), which provides:
1. The commission, on
			 its own motion or on request of the claimant, may reconsider a decision
			 granting or denying an award or determining its amount. An order on
			 reconsideration of an award shall not require a refund of amounts previously
			 paid, unless the award was obtained by fraud. The right of reconsideration does
			 not affect the finality of a commission decision for the purpose of judicial
			 review.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-5 - COOPERATION WITH LAW ENFORCEMENT › Section 262-X-5-.01 - Cooperation With Law Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission, upon finding that the claimant or victim has
				not fully cooperated with appropriate law enforcement agencies or the
				Commission staff in the processing of a claim, the Commission may deny,
				withdraw, or reduce an award of compensation. The Commission shall determine
				the extent of the cooperation by the victim and the following criteria shall be
				used:
(a) The claimant's failure to
			 assist and cooperate with the prosecution of the case or to appear as a witness
			 shall constitute noncooperation and the claim shall be denied.
(b) In instances in which the claimant
			 initially fails to cooperate with law enforcement but subsequently begins to
			 cooperate, compensation may be reduced or denied to the extent which his/her
			 failure to cooperate hindered the investigation and/or prosecution of the
			 case.
(c) If law enforcement
			 indicates that the claimant was reluctant to give information pertaining to the
			 crime; failed to appear when requested, without good cause, gave false or
			 misleading information, or attempted to avoid law enforcement, the award shall
			 be denied.
(d) A claimant's failure
			 to cooperate with ACVCC's processing of the claim shall also be a basis for
			 rendering a claim ineligible.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-6 - COMPENSATION BENEFITING OFFENDER › Section 262-X-6-.01 - Compensation Benefiting Offender

Current through Register Vol. 42, No. 9, June 28, 2024
Compensation shall not be awarded if the award would unjustly
				benefit the offender or accomplice of the offender.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-6 - COMPENSATION BENEFITING OFFENDER › Section 262-X-6-.02 - Domestic Abuse

Current through Register Vol. 42, No. 9, June 28, 2024
No claim resulting from an incident of domestic abuse shall be
				denied based solely upon a finding that a claimant resides or has resided with
				the alleged offender of the crime for which the claim has been filed. The
				Commission shall not deny payments to third party vendors based solely upon a
				finding that the victim and offender are maintaining a relationship.
(a) Procedures. When victims of domestic
			 abuse have submitted claims for lost wages, and where the Commission finds that
			 the victim is living with the offender, or if the Commission is unable to
			 determine whether a claimant is living with the offender of the crime for which
			 the claim is filed, the Commission shall, by mail, request that the claimant
			 clarify whether the offender is residing with the claimant. The Commission
			 shall, as part of this request, collect information, which determines whether
			 there has been, and continues to be criminal justice, mental health, or human
			 service program involvement.
(b)
			 Claim Determination. When an individual who has committed domestic violence is
			 residing with a claimant who has requested lost wages, the Commission shall not
			 deem the claim ineligible based solely on the cohabitation if there is
			 reasonable evidence that the offender has been held accountable through the
			 criminal justice system, human services involvement or intervention; or when
			 there is evidence that the payment of lost wages will sustain the victim's
			 living expenses. No claim shall be denied solely because it succeeds one
			 previous claim for victimization by the same offender.
(c) The continuance of a relationship between
			 the victim and offender shall not in itself preclude payment.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-8 - PENALTIES FOR FILING FALSE CLAIMS › Section 262-X-8-.01 - Penalties For Filing False Claims

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person who shall knowingly furnish
			 any false information to the Alabama Crime Victims Compensation Commission or
			 to any member, agent or employee thereof with the intent to defraud said
			 Commission, or with the intent to obtain an award of compensation for a person
			 not entitled to receive same, shall be guilty of a Class C felony.
(2) Any person who shall knowingly fail or
			 omit to disclose a material fact or circumstance to the Alabama Crime Victims
			 Compensation Commission or to any member, agent or employee thereof which is
			 material to a claim for an award of compensation with the intent to defraud the
			 Commission or with the intent to cause a person to receive an award of
			 compensation to which such person is not entitled shall be guilty of a Class C
			 felony.
Author:
Martin A. Ramsay
Statutory Authority
:
Code of Ala.
				1975
, §
									15-23-5(14).
History
: Filed October 27, 1987.
Repealed
				and New Rule:
Filed March 9, 2004; effective April 13,
				2004.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-9 - APPEALS PROCEDURE (REPEALED) › Section 262-X-9-.01 - Appeals Procedure (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Dr. Cassie T. Jones
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-10 - ATTORNEY'S FEES › Section 262-X-10-.01 - Attorney's Fees

Current through Register Vol. 42, No. 9, June 28, 2024
If a claimant or victim chooses to be represented by an
				attorney, said claimant or victim will be responsible for the payment of his or
				her attorney's fees.
Author:
Martin A. Ramsay
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-11 - SEXUAL ASSAULT › Section 262-X-11-.01 - Sexual Assault Examination Payment Program

Current through Register Vol. 42, No. 9, June 28, 2024
Program Description: This section provides for payment of the
				initial forensic examination which is performed on victims of sexual violence
				for the purpose of obtaining evidence to potentially pursue criminal charges
				against sexual assault offenders and for the prevention and treatment of
				sexually transmitted infections. Adult and child sexual assault examinations
				may be paid pursuant to the below sections.
(1) AUTHORITY
(a)
Code of Ala.
			 1975
, §
									15-23-5(24) (1995), which provides:
1. The commission shall have all the powers
			 and privileges of a corporation and all of its business shall be transacted in
			 the name of the commission. In addition to any other powers and duties
			 specified elsewhere in this article, the commission shall have the power to:
			 Provide for the cost of medical examinations for the purpose of gathering
			 evidence and treatment for preventing sexually tranmitted infections in sexual
			 abuse crimes and offenses.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-11 - SEXUAL ASSAULT › Section 262-X-11-.02 - Eligibility Criteria For Sexual Assault Payments. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Dr. Cassie T. Jones
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-12 - DOMESTIC VIOLENCE › Section 262-X-12-.01 - Domestic Violence Special Assistance Award (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Dr. Cassie T. Jones
Statutory Authority:
Code of Ala.
				  1975
, §
										15-23-5(14).
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Chapter 262-X-13 - SPECIAL SERVICES › Section 262-X-13-.01 - Persons With Limited English Proficiency

Current through Register Vol. 42, No. 9, June 28, 2024
Purpose: The ACVCC is committed to providing all
				victims/claimants with meaningful access to its services. The ACVCC shall
				provide at no cost to the victims/claimants, timely and accurate language
				assistance and communication assistance to persons with limited English
				proficiency (LEP). Language assistance will likely be needed during the
				submission of the application, claim investigation and appeal hearing. The
				ACVCC is committed to providing language assistance without delay, at every
				contact point.
(1) Definitions:
(a) Limited-English-Proficient Persons:
			 Individuals with a primary or home language other than English who must, due to
			 limited fluency in English, communicate in that primary or home language if the
			 individuals are to have an equal opportunity to participate effectively in or
			 benefit from any aid, service or benefit provided by the ACVCC.
(b) Appropriately trained:
1. Proficiency in both English and the
			 language spoken by the LEP individual;
2. Orientation or training that includes the
			 ethics of interpreting; and
3.
			 Fundamental knowledge in both languages of specialized terms and
			 concepts.
(c) Vital
			 documents: Documents that individuals applying for compensation benefits must
			 understand, respond to or complete in order to access the crime victims
			 compensation program. Vital documents also include documents that inform the
			 victim/claimant of his/her rights.
Alabama Administrative Code › Title 262 - ALABAMA CRIME VICTIMS COMPENSATION COMMISSION › Appendix A - FORMS

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Click to
			 view image
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.01 - Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Alabama Criminal Justice Information Center and Commission were created by
			 Act No. 872, Acts of Alabama, 1975 Regular Session, now codified as
Code of Ala. 1975
, hereinafter Code, §§
								41-9-590,
et
seq
.
(2) Section
			 41-9-594 of the Code states, in part: "The Commission shall establish its own rules,
			 regulations, and policies for the performance of the responsibilities charged
			 to it in this article."
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-594.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.02 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall establish, develop, and continue to
				operate a center and system for the inter and intrastate accumulation, storage,
				retrieval, analysis, and dissemination of vital information relating to certain
				crimes, criminals, and criminal activity to be known as the Alabama Criminal
				Justice Information Center. Central responsibility for the development,
				maintenance, operation, and administration of the Alabama Criminal Justice
				Information Center was vested with the director of the ACJIC under the
				supervision of the Alabama Criminal Justice Information Center
				Commission.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-591.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.03 - Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama
			 Criminal Justice Information Center Commission shall be composed of two
			 sections. The voting section will include: the attorney general, the chairman
			 of the Pardons and Paroles Board, the commissioner of the Department of
			 Corrections, the president of the Alabama Sheriffs' Association, the director
			 of the Department of Public Safety, the president of the Alabama Association of
			 Chiefs of Police, the director of the Alabama Department of Economic and
			 Community Affairs, the president of the District Attorneys' Association, the
			 president of the Circuit Clerks' Association, the Chief Justice of the Alabama
			 Supreme Court, the president of the Alabama Association of District Judges, the
			 president of the Alabama Association of Circuit Judges, the Governor's
			 coordinator of Alabama Highway and Traffic Safety, and the director of the
			 Information Services Division of the Alabama Department of Finance.
(2) The advisory section will include: the
			 presiding officer of the Alabama Senate, the speaker of the House of
			 Representatives, the president of the Association of County Commissions of
			 Alabama, the president of the Alabama League of Municipalities, the director of
			 the Administrative Office of Courts, and a citizen of the State of Alabama to
			 be appointed by the Governor.
(3)
			 Members shall have authority to select a designee based upon qualifications and
			 with a view of continuity of representation and attendance at the Commission
			 meetings. No person or individual shall continue to serve on the Alabama
			 Criminal Justice Information Center Commission when he no longer officially
			 represents the function or serves in the capacity enumerated herein as a member
			 to which he was elected or appointed.
(4) Members of the Commission and their
			 designees shall serve without compensation, except payment of their expenses
			 may be paid in accordance with the applicable state travel regulations.
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-592.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.04 - Committees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
			 shall appoint a privacy and security committee from the membership of the
			 Commission who are elected officials, consisting of a chairman and three
			 members, to study the privacy and security implications of criminal justice
			 information and to formulate policy recommendations for consideration by the
			 Commission concerning the collection, storage, dissemination, or usage of
			 criminal justice information.
(2)
			 The Commission may establish other committees from time to time as it deems
			 appropriate.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-593.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.05 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
			 shall meet at such times as designated by the Commission or by the chairman at
			 the State Capitol or at other places as it deems necessary or convenient, but
			 the chairman of the Commission must call a meeting four times a year at the
			 State Capitol or main location of the ACJIC in the months of January, April,
			 July, and October. The chairman of the Commission may also call a special
			 meeting of the Commission at any time he deems it advisable or necessary. A
			 quorum shall be a simple majority of the voting Commission membership or their
			 designees, and all matters coming before the Commission shall be voted on by
			 the Commission. The Commission will keep or cause to be kept a record of all
			 transactions discussed or voted on by the Commission.
(2) Any person, group of persons, or
			 organizational entity wishing to appear before the ACJIC Commission shall
			 notify the ACJIC director, at least two weeks prior to the next regularly
			 scheduled meeting, stating the requestor's name and purpose and providing any
			 supporting material necessary. The director shall notify each Commission member
			 of such request at least one week prior to the meeting. Should an emergency or
			 crisis arise which precludes the two weeks' notice, then the prior notice may
			 be waived upon the majority vote of the Commission.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-593.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.06 - Petition For Adoption, Amendment, Or Repeal Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Recommendations for the adoption,
			 amendment or repeal of rules of this agency should be directed to the Director,
			 Alabama Criminal Justice Information Center, 770 Washington Avenue (Suite 350),
			 Montgomery, Alabama 36130.
(2) Such
			 recommendations will be forwarded to the appropriate committee of the
			 Commission for review and staffing. Committee action will be concluded within
			 60 days. Committee recommendations, along with the proposed action, will be
			 presented to the Commission at its next regularly scheduled meeting.
(3) Recommendations that are disapproved by
			 the Commission will be returned to the originator with appropriate comments as
			 to the reason(s) for disapproval.
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-593.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.07 - Petition For Declaratory Ruling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission may issue declaratory
			 rulings to any person substantially affected by a rule with respect to the
			 validity of the rule, or with respect to the applicability to any person,
			 property, or state of facts of any rule or statute enforceable by the
			 Commission, or with respect to the meaning and scope of any order of the
			 Commission. Such rulings shall be issued provided:
(a) The petitioner shows that he/she is
			 substantially affected by the rule in question,
(b) Sufficient facts are supplied in the
			 request to permit the Commission to make a valid determination, and
(c) The request arises from an actual
			 question or controversy.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.08 - Appeals From Rules Promulgated By The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The process for appeals by an individual or governmental body
				of any rule promulgated by the Commission shall first be to the Commission
				proper. The appellant may present his argument at a regular meeting of the
				Commission requesting the alteration or suggesting the nonapplicability of a
				particular rule. If the appellant is not satisfied by the action of the
				Commission, then an appeal may be made to the circuit court of Montgomery
				County.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-598.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-1 - GENERAL PROVISIONS › Section 265-X-1-.09 - Fee Schedule A

Current through Register Vol. 42, No. 9, June 28, 2024
SCHEDULE A
Effective 10/1/2013
Alabama Background Check System
ABC Report ...........................................
				$15.00
Author:
G. Ward Beeson, III
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-594(c).
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Section 265-X-2-.02 - Criminal Justice Information Dissemination Policies And Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Criminal-History Record Information (CHRI).
(a) Criminal Justice Agencies. Criminal
			 justice agencies, upon completion of a privacy and security agreement as
			 specified in this rule, shall be authorized direct access to criminal history
			 record information for the following purposes:
1. Functions related to the administration of
			 criminal justice.
2. Criminal
			 justice agency pre-employment screening and job assignment decisions.
3. Criminal history record information may be
			 disseminated directly to federal agencies and agencies of other states only if
			 they are criminal justice agencies within the meaning of these rules.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Section 265-X-2-.03 - Individual Access, Review And Challenge Of Criminal History Record Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 individual about whom the Alabama Criminal Justice Information Center (ACJIC)
			 maintains criminal history record information (CHRI), has the right to review
			 such information and to challenge any portion of the CHRI he or she believes to
			 be inaccurate or incomplete.
(a)Request to
			 Review CHRI.
1. To review CHRI maintained by
			 ACJIC, the subject of the CHRI must complete the application to review or
			 challenge AL criminal history record information provided by ACJIC (see
			 Appendix A). This application may be obtained online at
www.acj ic.alabama.gov
, or by
			 writing to the Director of the Alabama Criminal Justice Information Center at
			 its current mailing address in Montgomery, Alabama.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Section 265-X-2-.04 - System Access Policies

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 A criminal justice agency may directly access the Alabama Criminal Justice
			 Information Center's network by connecting one of the agency's computer
			 terminals to the network. ACJIC may enter into an agreement with an agency to
			 permit additional terminals or devices to connect to the network upon such
			 terms and conditions as may be mutually agreeable to the ACJIC Commission and
			 the agency.
(2) All access to the
			 Alabama Criminal Justice Information Center's network must have approval of the
			 ACJIC Director and be in full compliance with all ACJIC privacy and security
			 policies governing network connectivity and system access.
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-594.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix A - Applicant Application

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Click to view
				image
Author:
Rick Harris
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-20, et seq.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix B - APPLICATION FOR RENEWAL OF AN ALABAMA CONTROLLED SUBSTANCES CERTIFICATE

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Author:
Board of Medical Examiners
Statutory Authority:
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix C - Criminal History Record Challenge

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Click to view
				image
Click to view
				image
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										41-9-594.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix D - ALABAMA BACKGROUND CHECK (ABC) REPORT WAIVER

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to § 49-9-594, Code of Alabama 1975, the Alabama
				Criminal Justice Information Center (ACJIC) may supply employee criminal
				records and may provide the procedure for obtaining the records. The purpose of
				this waiver is to provide my employer/prospective employer with sufficient
				identifying information about myself to allow my employer/prospective employer
				to obtain my criminal record by querying the ACJIC Alabama Background Check
				(ABC) system.
By signing this waiver I, ______________________________,
				certify that all of the personal identifying information provided herein is
				accurate. I understand that by providing this information and signing this
				document I agree to allow my employer/prospective employer to receive a copy of
				my ABC report through ACJIC.
I understand that ABC reports may contain reported felony and
				misdemeanor arrests, violations, and court records included in records
				maintained by the State of Alabama. I further understand that ABC reports
				contain personal information from motor vehicle records included in records
				maintained by the State of Alabama. Personal information is information that
				identifies the individuals on whom the ABC report is conducted, including
				photograph, social security number, drive identification number, name, address,
				telephone number, and medical or disability information. Juvenile, youthful
				offender, sealed and/or expunged records will not appear on any ABC
				report.
I further understand that any information supplied on an ABC
				report is derived from a
name-based
search using only the
				identifiers submitted by my employer/prospective employer or this employer's
				authorized Third Party User based on the information provided by me on this
				form. ACJIC in no way guarantees that criminal history record information
				provided through this system is for the person named in the request.
				Fingerprint based searches are the most reliable way to conduct criminal record
				checks and the least likely to result in either a false positive or false
				negative search result. This is not a fingerprint based search.
I understand that this waiver must be sent to ACJIC
				electronically in a form prescribed by ACJIC.
I understand that the results of my ABC report may be verified
				by submitting fingerprints to the Alabama Department of Public Safety.
Asterisks denote required information.
Click to view
				image
Click to view
				image
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-594.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix E - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER (ACJIC) ALABAMA BACKGROUND CHECK (ABC) SYSTEM SUBSCRIBER AGREEMENT

Current through Register Vol. 42, No. 9, June 28, 2024
All employers seeking to subscribe to the ACJIC Alabama
				Background Check (ABC) system must read and sign this document. Employers will
				be notified via e-mail of their subscription status. (Employers who are
				authorized to use the CHS system shall be referred to as "subscribers" in this
				document.)
Qualifications for Subscribers
In order to qualify as a subscriber and to purchase ABC reports
				you must be an employer as defined below:
1. Non-Farm Business Employers -
(a) 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.
(b) Any employer who has paid wages of
			 $1,500.00 or more in any calendar quarter during the current or preceding
			 calendar year.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix G - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER (ACJIC) ONLINE CRIMINAL HISTORY SALES SUBSCRIBER AGREEMENT

Current through Register Vol. 42, No. 9, June 28, 2024
CRITICAL INFRASTRUCTURE EMPLOYERS ONLY
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, §
										41-9-594.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-3 - ALABAMA UNIFORM CRIME REPORTING FORMS › Section 265-X-3-.02 - Inquiries And Off-Line Searches

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definition of the Law Enforcement Data
			 System. The Law Enforcement Data System (LEDS) is a component of the Alabama
			 Criminal Justice Information Center. LEDS is a computer network that allows law
			 enforcement agencies to enter stolen property, missing persons, wanted persons,
			 etc. into the ACJIC and National Crime Information Center (NCIC) computer
			 networks. Various inquiries can be made on this network in the course of an
			 investigation.
(2) The following
			 subparagraphs explain what information is required to make inquiries through
			 the ACJIC/NCIC networks.
(a) To run a
			 driver's license check, for in-state (Alabama) records only, the requestor must
			 be able to provide the following information:
1. The subject's name, date of birth (DOB),
			 race and sex; or
2. The subject's
			 Operator License Number (OLN); or
3. The subject's Social Security Number
			 (SOC).
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-3 - ALABAMA UNIFORM CRIME REPORTING FORMS › Section 265-X-3-.04 - Alabama Uniform Supplemental Report Instructions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Alabama Uniform Supplement Report
			 (supplement report) is used to record information or action taken on a case
			 after the submission of the I/O report. The proposed revisions to the
			 supplement report are intended to go into effect during January 2006. Previous
			 versions are valid until January 1, 2008. A copy of the form can be found at
			 Appendix B at the end of this chapter. The new form will contain a 12 digit
			 agency case number and a nine digit ORI number and will include areas to enter
			 all property types that are allowable entries on the revised IO Report.
			 Throughout this section, asterisks are used to indicate required data elements.
			 Supplements are used:
(a) As continuation
			 sheets for the I/O report when there is insufficient narrative space on the I/O
			 report and additional reporting space is needed;
(b) To report recovered property;
(c) To report additional stolen
			 property;
(d) To change stolen or
			 recovered property values;
(e) To
			 change an offense code; and/or
(f)
			 To indicate the disposition of a case.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-3 - ALABAMA UNIFORM CRIME REPORTING FORMS › Section 265-X-3-.05 - Alabama Uniform Arrest Report Instructions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The arrest form is composed of five basic
			 sections which provide a complete record on all persons arrested. The proposed
			 revisions to the Alabama Uniform Arrest Report (arrest report) are intended to
			 go into effect during January 2006. Previous versions are valid until January
			 1, 2008. A copy of this form can be found at Appendix C at the end of this
			 chapter. The new form will contain a 12 digit agency case number and a nine
			 digit ORI number. The sections of an arrest report include:
(a) Identification of the person
			 arrested;
(b) Details of the
			 arrest;
(c) Details on vehicles and
			 items seized at the time of arrest;
(d) Juvenile arrestee information;
			 and
(e) Release
			 information.
Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-3 - ALABAMA UNIFORM CRIME REPORTING FORMS › Section 265-X-3-.06 - Electronic Submissions Of Uniform Crime Reporting (UCR) Data

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Effective
			 January 1, 2010, all local law enforcement agencies in Alabama shall submit
			 data from Alabama Uniform Incident/Offense, Arrest and Supplemental Reports to
			 ACJIC in an electronic file format as determined by the Director. Electronic
			 submission specifications may be obtained by contacting Director, Alabama
			 Criminal Justice Information Center, 201 South Union Street (Suite 300)
			 Montgomery, Alabama 36130.
(2)
			 Paper versions of Alabama Uniform Incident/Offense, Arrest and Supplemental
			 Reports created on or before December 31, 2009 will be received by ACJIC
			 through January 31, 2010. Information from Alabama Uniform Incident/Offense,
			 Arrest and Supplemental Reports created on or after January 1, 2010 must be
			 submitted electronically.
(3)
			 Electronic file submissions shall be sent to ACJIC at least monthly. All
			 submissions for the previous month shall be submitted to ACJIC no later than
			 the 15 
			 th day of the current month.
(4) The Director may grant an extension of
			 time, not to exceed ninety (90) days, for submitting reports electronically if
			 there exist conditions beyond the control of the local law enforcement agency,
			 such as severe damage to the department's physical premises by a natural or
			 man-made disaster; severe financial hardship that would be incurred by local
			 law enforcement agency; or some other reason of similar gravity and
			 severity.
Author:
Becki R. Goggins
Statutory Authority:
Code of Ala.
				  1975
, Section
				  41-9-620.