SB360 Alabama 2011 Session

Summary

Primary Sponsor

Bill Holtzclaw

Republican

Session

Regular Session 2011

Title

Criminal history background checks, Human Resources Department and Public Safety Department, duties clarified, transmission of criminal history reports via FBI-certified channeler, suitability determinations, types considered for reversal, clarified, Secs. 38-13-2, 38-13-3, 38-13-4, 38-13-7 am'd.

Summary

The bill updates Alabama's criminal history background-check laws for people who care for children, the elderly, or disabled individuals, clarifies who must be checked, and improves how reports are sent and decisions are reversed.

What This Bill Does

It clarifies which Department of Human Resources employees must undergo criminal history background checks and tightens rules around when checks are required. It streamlines reporting by requiring criminal history reports to be transmitted from the Department of Public Safety to the Department of Human Resources through an FBI-certified channeler, and it requires that applicants with disqualifying crimes receive reports. It eliminates some requirements that the Department of Human Resources must obtain background information from the Department of Education if a check has already been completed through Education. It allows for permissive prosecution for inadvertently providing false information on an application and sets out rules for when suitability determinations can be reversed, including time limits and rehabilitation factors.

Who It Affects

• Caregivers and applicants (employees, volunteers, foster/adoptive parents, and adult/child care facility staff) who must submit fingerprints, consent forms, and pass background checks, with potential disqualification or need for reversal.
• The agencies involved (Department of Human Resources, Department of Public Safety, and related entities) responsible for carrying out checks, transmitting reports, and making suitability determinations.

Key Provisions

• Clarifies definitions and who must be checked (employees, volunteers, licensees, and foster/adoptive applicants) under Sections 38-13-2, 38-13-3, 38-13-4, and 38-13-7.
• Requires transmission of criminal history reports from the Department of Public Safety to the Department of Human Resources via an FBI-certified channeler, and directs DPS to send disqualifying-crime reports to applicants.
• Eliminates certain requirements for the Department of Human Resources to request background information from the Department of Education when a check has already been performed, and clarifies reporting of new arrests or convictions.
• Adds permissive prosecution for inadvertent misstatement on applications and outlines reversal procedures for unsuitability determinations, including time limits and rehabilitation factors.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses