Section R13-1-105. Procedures for a Criminal Court to Forward Dis- positions of Criminal Charges to the Central State Repository

A.       A criminal court shall submit the disposition of all charges to the Central State Repository under Rule 37 of the Arizona Rules of Criminal Procedure.

B.       The court shall verify the arrest charges listed on the Disposi- tion Report form and complete the applicable blocks for each charge addressed by the court.

C.       If there is more than one arrest charge listed on the Disposition Report form and any of the charges are being adjudicated by another court, the court shall photocopy the Disposition Report form and forward it to the other court.

D.       The court shall complete and forward the disposition form to the Department’s Central State Repository. The Department shall update the criminal history record with the disposition report information.

E.       A criminal court shall use a Disposition Report supplemental form provided by the Department to report additional arrest charges and dispositions of the charges. The Disposition Report form is used to record the first three charges of an arrest event and the disposition of these charges. The Disposi- tion Report supplemental form is used to record additional charges and the dispositions of those additional charges.

F.        Agencies may submit disposition information electronically to the Department’s Central State Repository instead of a paper form if the agency enforces quality control measures and fol-

lows  the  electronic   disposition  formats  provided  by  the		ment for the sole purpose of reviewing the accuracy and com-
Department.		pleteness of the subject of record’s criminal history record.
Historical Note	B.	To obtain a copy of a criminal history record, the subject of
Former rule 4. Formerly Section R13-1-05; renumbered		record shall submit a completed Record Review Instruction
under A.R.S. § 41-1011(C) to comply with the numbering		Packet provided by the Department.
system prescribed by the Office of the Secretary of State	C.	A completed Record Review Instruction Packet includes the
(Supp. 03-4). Section repealed; new Section made by		following for the subject of record:
final rulemaking at 11 A.A.R. 1550, effective June 4,		1.     Full set of classifiable fingerprints taken by an official at
2005 (Supp. 05-2).		a law enforcement agency,
		2.     Name,
R13-1-106.        Arrest Fingerprint Record Submission		3.     Date of birth,
A.   The chief officer of a criminal justice agency shall ensure that		4.     Personal identifiers,
a completed arrest fingerprint record prescribed by subsection		5.     Place of birth,
(D) in a format prescribed by the Department is sent to the		6.     Social Security number,
Department’s Central State Repository within 10 days from		7.     Address of residence,
the date of fingerprinting using one of the following methods:		8.     Date fingerprinted, and
1.     AZAFIS Livescan,		9.     Signature.
2.     AZAFIS Image Scanner, or	D.	The completed Record Review Instruction Packet shall be
3.     Ink-and-roll arrest fingerprint card.		returned to the Department in the envelope provided.
B.    The chief officer of a criminal justice agency shall ensure that	E.	The subject of record’s attorney may obtain the subject of
only one arrest fingerprint record is sent to the Department’s		record’s criminal history record by providing a notarized letter
Central State Repository for each arrest.		of authorization from the subject of record with the completed
C.   A criminal justice agency using the ink-and-roll method of fin-		Record Review Instruction Packet.
gerprinting shall obtain blank arrest fingerprint cards from the	F.	Within 15 days of receipt of the completed Record Review
FBI using the CJIS Supply Requisition Form (I-178).		Instruction Packet, the Department shall provide a response to
D.   A completed arrest fingerprint record contains the following		the subject of record or the subject’s attorney. The Department
information:		shall include in the response arrest and disposition information
1.     About the individual arrested:		maintained by the Department on the subject of record and a
a.      Name;		Review and Challenge of Arizona Criminal History Record
b.     Date of birth;		Information form that requests:
c.      Personal identifiers;		1.     Subject of record’s full name;
d.     Juvenile fingerprinted, if applicable; and		2.     Signature of subject of record or attorney representing the
e.      Place of birth;		subject of record;
2.     Date of arrest;		3.     Date of submission of the challenge;
3.     ORI, and arresting agency’s name and address;		4.     Summary of the exceptions and reasons for the excep-
4.     Date of offense;		tions, specifying each arrest, and including:
5.     Local identification/reference:		a.      Name of arresting agency,
a.      LSI and arresting agency case number are required,		b.     Date of arrest,
b.     Local file number and agency tracking number are		c.      Arrest number, and
optional;		d.     Charge;
6.     Citation information/charge description. Citation to the		5.     Subject of record’s mailing address; and
state, county, or city code allegedly violated and descrip-		6.     Signature of the subject of record, verifying the summary
tion of charge, i.e., A.R.S. § 13-1802, theft.		of exceptions and reasons.

7.        Offense type:

a.         Designate a felony with an “F,”

b.        Designate a misdemeanor with an “M”;

8.        Court ORI;

9.        PCN;

10.      Name or identification number of official taking finger- prints; and

11.      Arrest fingerprints.

Historical Note

Former rule 5. Section expired under A.R.S. § 41- 1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-06; renumbered under A.R.S. § 41-1011(C) to comply with the numbering system prescribed by the Office of the Secretary of State (Supp. 03-4). New Section made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Amended by final rulemaking at 15 A.A.R. 273, effective March 7, 2009 (Supp. 09-1).