Alabama § 13A-6-264 - Alabama Criminal Enterprise Database.

§ 13A-6-264. Alabama Criminal Enterprise Database.

(a) Subject to the availability of funding, ALEA shall establish a statewide inter-jurisdictional criminal intelligence system known as the Alabama Criminal Enterprise Database.

(b) ALEA shall establish, develop, manage, and maintain the database in accordance with the Criminal Intelligence Systems Operating Policies adopted by the United States Department of Justice and codified in 28 C.F.R. Part 23.

(c) Any criminal justice agency may submit information for inclusion in the database.

(d) To the extent permitted under subsection (b), the database may contain any information about a person reasonably suspected of criminal conduct or activity which meets both of the following criteria:

(1) The information is relevant to the person’s suspected criminal conduct or activity.

(2) The information is relevant to identifying an individual as a criminal enterprise member or identifying a criminal enterprise.

(e) Subject to rules established by the secretary, any criminal justice agency may access the database for legitimate law enforcement or criminal justice purposes.

(f) ALEA may not permit any person or entity to access database information in its possession, custody, or control unless one of the following conditions applies:

(1) The access is made by personnel of a criminal justice agency pursuant to subsection (e).

(2) The access is necessary for ALEA to establish, develop, manage, or maintain the database.

(3) The access is necessary for ALEA to comply with a court order, discovery request, or subpoena for the production of database information as authorized in subsection (h).

(4) The access is permitted under subsection (b).

(g) Database information is confidential and shall not be subject to public disclosure under Article 3 of Chapter 12 of Title 36.

(h) In any criminal, civil, or administrative proceeding, database information shall not be used as evidence or be subject to discovery by subpoena or otherwise, except as required by subsection (b), the Constitution of Alabama of 2022, the Constitution of the United States, or as necessary for a criminal justice agency to pursue a legitimate law enforcement or criminal justice purpose.

(i) Nothing in this section shall affect the disclosure, discovery, or admissibility of information that a criminal justice agency has in its possession, custody, or control by any means other than the agency’s access to the database or submission of information to the database.

(j)(1) The secretary shall adopt rules establishing a uniform digital process for criminal justice agencies to submit information for inclusion in the database.

(2) The secretary shall adopt rules regarding the use of database information and may establish and impose civil penalties and other sanctions for the violation of such rules.

(3) The secretary may adopt rules that otherwise promote the effective establishment, development, management, maintenance, or use of the database in compliance with federal standards.

(k)(1) Each year, the secretary shall prepare a report detailing the submissions to and access of the database; the number of prosecutions aided by access to the database under Section 13A-6-263; and the demographics of all individuals in the database in accordance with 28 C.F.R. Part 23.

(2) By March 1, annually, the secretary shall submit the report covering the previous calendar year to all of the following:

a. The Speaker of the House of Representatives.

b. The President Pro Tempore of the Senate.

c. The Majority Leader of the House of Representatives.

d. The Majority Leader of the Senate.

e. The Minority Leader of the House of Representatives.

f. The Minority Leader of the Senate.