SB60 Alabama 2012 Session

Sponsors

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.

Description

Under existing law, the National Criminal History Access and Child Protection Act authorizes organizations providing care for children, the elderly, and the disabled to use national fingerprint criminal history background checks to screen volunteers and prospective and current employees for relevant criminal records.

Also under existing law, the Department of Human Resources conducts nationwide criminal history background checks of current licensees, licensed and volunteer applicants, prospective employees, current employees, and volunteers of licensed child placing agencies and child and adult care facilities to ensure that they are suitable for employment, to perform volunteer work, or to hold a license, permit, approval, or certification and have not been convicted of a crime that bears upon their fitness to provide care or have responsibility for the safety or well-being of children, the elderly, or individuals with disabilities.

This bill would make clarifying changes to the laws governing these criminal history background checks, and would provide for permissive referrals for prosecution, for termination of employment, or for denial of approval as a foster or adoptive parent as a result of inadvertently providing false information on an application regarding an applicant's criminal history.

This bill would clarify which employees of the Department of Human Resources are required to undergo criminal history background checks.

This bill would eliminate certain requirements that the Department of Human Resources request certain criminal background information from the Department of Education for individuals who have had a criminal background check through the Department of Education.

This bill would provide for: The transmission of criminal history reports from the Department of Public Safety to the Department of Human Resources via a FBI-certified channeler; the transmission of criminal history reports to applicants that have disqualifying crimes; and further clarification of the Department of Public Safety's duties regarding the transmission of arrests or convictions or subsequent arrests or convictions for applicants.

This bill would also clarify which types of suitability determinations may be considered for reversal.

To amend Sections 38-13-2, 38-13-3, 38-13-4, and 38-13-7, Code of Alabama 1975, to make clarifying changes to the laws governing the use of criminal background checks for certain individuals providing care for children, the elderly, and the disabled; to provide for permissive prosecution of certain individuals who inadvertently provide false information regarding their criminal history; to clarify which employees of the Department of Human Resources are required to undergo criminal history background checks; to eliminate certain requirements that the Department of Human Resources request certain criminal background information from the Department of Education; to provide for the transmission of criminal history reports from the Department of Public Safety to the Department of Human Resources by certain means; to clarify certain duties of the Department of Public Safety with regard to criminal background checks; and to clarify the types of suitability determinations which may be considered for reversal.

Subjects

Crimes and Offenses