Section 38-9G-4 - Information to be entered into registry; rules for due process(a) Upon receiving the notification described in Section 38-9G-3, the Department of Human Resources, in addition to entering the individual's name and address on the Alabama Elder and Adult in Need of Protective Services Abuse Registry, shall enter information pertaining to the offense or offenses for which the individual was convicted. If an elder abuse protection order against the individual has been issued, or if a protection from abuse order against the individual has been issued for the protection of an elderly person or an adult in need of protective services, the department shall enter information pertaining to why the order was issued and the age of the victim.(b) If the individual whose information is entered on the registry was not convicted of a crime but was found by the department to have otherwise committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services, the department, in addition to entering the individual's name and address on the registry, shall also enter information pertaining to the offense or offenses the individual was found by the department to have committed.(c) The individual's information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual, except as provided in subsection (d).(d) The Department of Human Resources shall, and the Department of Mental Health and the Alabama Department of Public Health may, adopt rules requiring due process that includes notice by certified mail or by personal service for individuals found to have committed acts of abuse, elder abuse, emotional abuse, exploitation, financial exploitation, intimidation, neglect, sexual abuse, or undue influence against an elderly person or an adult in need of protective services. The Department of Human Resources, by rule, shall provide a process by which the individual's name and information may be removed from the Alabama Elder and Adult in Need of Protective Services Abuse Registry, and shall implement its rules providing for this process no later than January 1, 2023.Ala. Code § 38-9G-4 (1975)
Added by Act 2022-161,§ 6, eff. 6/1/2022.