SB60 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

J.T. WaggonerTrip PittmanPaul SanfordArthur OrrDick BrewbakerBill Holtzclaw

Session

Regular Session 2012

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

SB60 updates Alabama's criminal background check system for caretakers of children, the elderly, and the disabled by clarifying who must be checked, how reports are transmitted, and how suitability decisions can be reversed.

What This Bill Does

It clarifies definitions and who must undergo checks (employees, volunteers, and certain foster/adoptive situations) and requires two fingerprint sets and written consent. It directs the Department of Public Safety to conduct checks and send reports to the Department of Human Resources, which then issues suitability determinations and, if needed, takes action to revoke licenses or approvals. It establishes which crimes make someone unsuitable, provides procedures for challenging and reversing unsuitability (including time limits and rehabilitation factors), and allows for certain information-sharing changes and voluntary participation by exempt facilities.

Who It Affects

• Prospective and current employees, volunteers, and licensees of child care facilities, adult care facilities, and related programs who must undergo criminal history background checks and may be deemed suitable or unsuitable.
• Foster parents, adoptive parents, and adult household members of foster or adoptive homes who are subject to background checks and suitability determinations.
• Employers and licensing entities (Department of Human Resources, child care facilities, adult care facilities, and child placing agencies) who must request checks, obtain fingerprints and consent, pay for checks, and act on suitability determinations.
• The Department of Public Safety and related entities (AFIS/ACJIC) that perform background checks, process reports, and forward information to the Department of Human Resources.
• Exempt or voluntarily participating facilities (including church-related programs) that choose to conduct checks or that are required to comply if certain conditions apply.
• The Department of Education is indirectly affected by the elimination of a requirement to obtain certain background information from it.

Key Provisions

• Defines key terms (e.g., adult, child care facility, applicant, employee, caregiver, suitability, unsupervised access) and the scope of who is covered by the background checks.
• Requires the Department of Public Safety to conduct criminal history background checks and to transmit reports to the Department of Human Resources using specified channels, including FBI and state databases.
• Mandates two sets of fingerprints and written consent for background checks; allows name-based checks or alternative identification if fingerprinting is not possible due to disability.
• Requires employers and licensing entities to obtain written consent, submit fingerprints, and pay the associated fees for background checks.
• Establishes which crimes render a person unsuitable for employment, volunteer work, licensure, or approval (e.g., murder, sex crimes, crimes against children, and certain crimes involving controlled substances) and allows the Department of Human Resources to add other disqualifying convictions by rule.
• Provides a process for determining suitability, including review of background information, notification to applicants, and potential denial or revocation of employment, licensure, or approvals.
• Sets procedures for challenging the accuracy of background information and for HR to issue revised suitability determinations; allows temporary employment pending review in certain cases.
• Outlines a reversal process for unsuitability determinations, including time delays after conviction (10 years for felonies, 5 years for misdemeanors) and requirements to demonstrate rehabilitation based on multiple factors.
• Allows for enforcement measures if false information is submitted, including potential prosecution; requires notices and disclosures to be provided to applicants and employees.
• Allows for voluntary compliance by exempt facilities and clarifies data sharing limitations with the Department of Education, while maintaining overall framework for background checks.

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