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-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(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.