ALEA may create the Alabama Rap Back Program and, if it does, must work with the FBI service, notify participating entities of rap back events, adopt program rules, and handle record removal and fees.
(a) As part of the Alabama Background Check Service, ALEA may establish the Alabama Rap Back Program. If established, ALEA shall participate in the FBI’s Next Generation Identification (NGI) Rap Back Service. The purpose of the rap back service is to allow ALEA to notify participating entities when an enrolled individual is the subject of a rap back notification event, including, but not limited to, being arrested for or convicted of an offense. (b) As used in this section, the following words have the following meanings: (1) INDIVIDUAL. Any individual who has undergone a fingerprint-based background check in order to care for children, the disabled, or the elderly, to be licensed or certified, to perform volunteer service, or for any other FBI or federally authorized purpose with a participating entity and who has been enrolled by that participating entity in the Alabama Rap Back Program. (2) PARTICIPATING ENTITY. An entity with statutory authority to require an individual to undergo a fingerprint-based background check as a condition to care for children, the disabled, or the elderly, to be licensed or certified, to perform volunteer service, or for any other FBI or federally authorized purpose and which has elected to enroll those individuals in the Alabama Rap Back Program. (c) ALEA may submit fingerprints and accompanying records to the FBI to be retained in and advised through the FBI’s NGI Rap Back Service when an enrolled individual is arrested for or convicted of a criminal offense. Fingerprints submitted to the FBI may be used for future searches, including latent searches. (d) ALEA shall ensure that notification is made to the participating entity that enrolls an individual in the Alabama Rap Back Program when an FBI Rap Back report notification is received. The information contained in the notification shall be used by the participating entity for purposes of determining the eligibility of the continued service of the individual and shall not be further disseminated. (e) ALEA shall adopt rules governing the operation and maintenance of the Alabama Rap Back Program and the removal and destruction of records on individuals who are deceased or who are no longer individuals as defined in this section. The rules shall provide that a participating entity shall disenroll any individual who is deceased or is no longer an individual as defined in this section within five business days of death or such event that no longer requires the individual to be enrolled in the Alabama Rap Back Program to ensure the prompt removal and destruction of records from the Alabama Rap Back Program. (f) ALEA may assess an annual fee not to exceed twelve dollars ($12) per individual enrolled in the Alabama Rap Back Program. The fee shall be paid by the participating entity enrolling an individual in the Alabama Rap Back Program. When more than one participating entity enrolls the same individual in the Alabama Rap Back Program, both participating entities shall be responsible for paying the full cost for maintenance and notification. Any fees collected shall be deposited in the State Treasury to the credit of the Public Safety Fund. Such monies shall be used for the purposes of ALEA CJIS and for other ALEA expenses as determined by the secretary. (g) No participating entity authorized to submit fingerprints shall be considered negligent per se in a civil action solely because the entity elected not to enroll an individual in the Alabama Rap Back Program pursuant to this section. (h) Prior to enrolling an applicant in the Alabama Rap Back Program, a participating entity shall ensure the applicant receives notice and access to documentation informing the applicant that his or her fingerprints shall be retained for the purpose of providing the participating entity notification of any subsequent modifications to the applicant’s criminal history record. (i) ALEA may establish an in-state rap back service for any person or entity that does not qualify to receive information from the FBI Rap Back service but that has authority to require a state-only background check.