Alabama Administrative Code

(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 requi…

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 …

Compensation shall not be awarded if the award would unjustly benefit the offender or accomplice of the offender. Author: Martin A. Ramsay Notes Ala. Admin. Code r. 262-X-6-.01 Filed October 27, 1987. Amended: Filed December 17, 1990. Repealed and New Rule: Filed March 9, 2004; e…

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 …

(1) If compensation is awarded, the Commission shall be subrogated to all the rights of a claimant to receive or recover from a collateral source to the extent that compensation was awarded. (2) If the claimant received compensation from a source other than the Commission after t…

(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 ent…

Notes Ala. Admin. Code r. 262-X-9-.01 Filed October 27, 1987. Repealed and New Rule: Filed March 9, 2004; effective April 13, 2004. Amended: Filed December 9, 2008; effective January 13, 2009. Repealed by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, e…

(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…

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 Ala…

(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 …

(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 re…

(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 locati…

(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 appro…

(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 …

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 nonapplicabil…

SCHEDULE A Effective 10/1/2013 Alabama Background Check System ABC Report ........................................... $15.00 Notes Ala. Admin. Code r. 265-X-1-.09 New Rule: Filed October 28, 2013; effective December 2, 2013. Author: G. Ward Beeson, III Statutory Authority: Code o…

1) The purpose of this Rule is to provide the terms of access to and the use of state Incident Offense Reports (IO Reports) to the Alabama Crime Victims Compensation Commission (ACVCC). Notes Ala. Admin. Code r. 265-X-10-.01 Adopted by Alabama Administrative Monthly Volume XLIII,…

1) The ACVCC is authorized to access and receive an IO Report from any municipal, county or state law enforcement agency for the limited purpose of determining applicants' eligibility for crime victims' compensation benefits. 2) IO Reports or the information from an IO Report obt…

(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, prosecutio…

(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 purp…

(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)Reque…

(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 t…

(1) The following numeric codes may be used by law enforcement officers, dispatchers and other emergency personnel when communicating by radio with other units or dispatchers. The number stated is followed by the literal interpretation in the following subsections. (a) "00" that …

(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, …

(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 …

(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 Januar…

(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 o…

(1) Effective July 12, 2021, all law enforcement agencies in Alabama shall submit the following information on all property seized for forfeiture into the state crime reporting system provided through ALEA or through a commission-approved reporting system that transmits incident …

(1) Effective July 12, 2021, every state, county, or municipal prosecutor in Alabama that files for forfeiture of property seized in connection to a criminal activity shall submit the following information related to the seizure and forfeiture into the state civil forfeiture repo…

(1) Offender Watch is the State of Alabama official system of record for all registration and reporting of sex offenders as defined in the Alabama Sex Offender Registration and Community Notification Act (see § 15-20A-1). This system shall be administered by the Criminal Justice …

(1) The ALEA SBI Criminal Justice Information Services Division (SBI CJIS) shall provide a uniform reporting form to all state, county, and municipal law enforcement agencies for the reporting of allegations of excessive force. (2) Upon an allegation of excessive force by the pub…

(1) Beginning July 12, 2021, all state, county and municipal law enforcement agencies shall report incidents of use of force by sworn law enforcement officers within its respective agency to the ALEA State Bureau of Investigations (SBI) Criminal Justice Information Services Divis…

Secondary metals recyclers subject to Section 13A8-30, et. seq., of the Code of Ala. 1975, shall submit the information required by Section 13A-8-31.2(b)(2) in an electronic file format as determined by the ACJIC Director. Electronic submission specifications may be obtained by c…

The purpose of this rule is to establish policies and acceptable procedures for using images, information, and tools in a facial comparison system for public safety or criminal justice purposes pursuant to § 41-9-590, Code of Ala. 1975. The rule aims to provide a framework for us…

(1) Facial comparison uses facial mapping and biometric algorithms contained in a software application to examine and compare distinguishing characteristics of a human face from an image. (2) Facial comparison technology provides a valuable public safety and investigative capabil…

This policy applies to all criminal justice agencies and user agencies, as defined in § 41-9-590, Code of Ala. 1975, including all sworn officers and operational personnel and all employees, contractors, and subcontractors permitted to access to the State Facial Comparison Reposi…

(1) Image. A photograph or other visual representation that represents a likeness or identifying feature associated with a person. (2) Probe image. An image submitted for facial comparison. (3) Registered probe image. A probe image submitted for inclusion in a facial comparison r…

(1) Facial comparison technology relies on known data from databases that contain known and identifiable images. Individuals or agencies that access data and information within any databases used for facial comparison subject to this policy must adhere to all laws and policies th…

(1) Field Identification (Situational Awareness). (a) An officer may use a mobile device facial recognition application, regardless of whether the application is connected to a repository, for situational awareness when: 1. an individual consents to have the officer take his/her …

(1) Facial comparison is a uniquely powerful investigative and identification tool. Criminal justice agencies or other user agencies shall not employ this technology to conduct dragnet screening of individuals or mass surveillance of places, groups, or activities. (2) Officers ma…

(1) A probe image submitted for inclusion in a repository must include the following data: (a) Name of person submitting the image. (b) Agency ORI of person submitting the image. (c) Date and time of submission of the image. (d) Local case number. (e) Purpose for submission of th…

(1) All criminal justice agencies and other user agency employees, contractors, or subcontractors authorized to use facial comparison technology for criminal justice and public safety purposes shall be trained in the following areas prior to utilizing such technology: (a) An offi…

(1) The ALEA 01S Division may audit all facial comparison technology use and search requests subject to this policy. (2) Penalties for misuse may include, but are not limited to, terminating a user's access to the State Repository, terminating User Agency access to the State Repo…

(1) The purpose of this Rule is to provide uniform directions to all law enforcement agencies in Alabama regarding the use of License Plate Recognition (LPR) systems and LPR data, and the uniform retention of data collected. This Rule is intended to ensure LPRs and LPR-generated …

(1) Capturing Agency. The law enforcement agency that operates an LPR and generates LPR data under its control. (2) Criminal Justice Agency. A state, county, or municipal public agency that performs substantial activities or plans for activities relating to the identification, ap…

(1) A capturing agency may only collect LPR data for a criminal justice or public safety purpose. (2) A capturing agency that has collected LPR data shall transfer all such data from the collection device to a secure repository maintained and controlled by that agency within 24 h…

(1) LPR data collected by a capturing agency shall only be used by law enforcement for a criminal justice or public safety purpose including, but not limited to, finding missing persons, investigating human trafficking or other criminal activity, and determining the ownership, lo…

(1) The following LPR data within a capturing agency's repository shall be electronically submitted to the ALEA CJIS Division for inclusion within the State LPR Registry within 48 hours of its collection (This mandate will only be required once ALEA established the State LPR Regi…

(1) LPR data collected by a capturing agency, as well as the data from the access log, shall be retained for no more than five years, at which time it will be destroyed or erased. This retention period is based upon national standards in the Code of Federal Regulations (CFR 28 Pa…

(1) A capturing agency record of all LPR data collected and the access and dissemination logs shall be accessible by the ALEA CJIS Division for auditing purposes. (2) The ALEA CIJS Division will audit all capturing agencies at least once every three years. (a) The agency head for…