Arizona Administrative Code Title 13, C



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Arizona Administrative Code Title 13, Ch. 1

Department of Public Safety – Criminal Identification Section


TITLE 13. PUBLIC SAFETY

CHAPTER 1. DEPARTMENT OF PUBLIC SAFETY
CRIMINAL IDENTIFICATION SECTION


(Authority: A.R.S. § 41-1750 et seq.)

Editor’s Note: This Chapter was recodified 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).

ARTICLE 1. CRIMINAL HISTORY RECORDS

Section

R13-1-101. Definitions

R13-1-102. Submission and Retention of Criminal Justice Information

R13-1-103. Procedures for Law Enforcement Agencies and Prosecutors’ Offices to Forward Dispositions of Criminal Proceedings to the Central State Repository

R13-1-104. Procedures for Juveniles Remanded as Adults and Procedures for the Department of Corrections to Forward Information Regarding Inmates to the Central State Repository

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

R13-1-106. Arrest Fingerprint Record Submission

R13-1-107. Procedures for Review of Accuracy and Completeness of Criminal History Records

R13-1-108. Procedures for Challenging the Accuracy and Completeness of Criminal History Records

R13-1-109. Hearing Procedures

R13-1-110. Review or Rehearing of the Director’s Decision

R13-1-111. Information Deemed Useful for the Study and Prevention of Crime or the Administration of Criminal Justice

ARTICLE 2. ACJIS NETWORK

Article 2, consisting of R13-1-201 through R13-1-204, made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Section

R13-1-201. ACJIS Security Measures

R13-1-202. Arizona Criminal Justice Information System Training and Proficiency Guidelines

R13-1-203. Terminal Operator Certification Training or Criminal Justice Practitioner’s Program

R13-1-204. Procedures for and Restrictions on Dissemination of Information

ARTICLE 3. ARIZONA CRIME STATISTICS

Article 3, consisting of R13-1-301 through R13-1-302, made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Section

R13-1-301. Submittal of Hate Crimes Information

R13-1-302. Submittal of Uniform Crime Information

ARTICLE 4. APPLICANT FINGERPRINT PROCESSING

Article 4, consisting of R13-1-401 through R13-1-402, made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Section

R13-1-401. Non-criminal Justice Fingerprint Processing Charges

R13-1-402. Refusal of Service

ARTICLE 5. DEPARTMENT RECORDS

Article 5, consisting of R13-1-501 through R13-1-504, made by final rulemaking at 11 A.A.R. 1550, effective June 4, 2005 (Supp. 05-2).

Section

R13-1-501. Procedure for Obtaining a Traffic Accident Report or Photograph

R13-1-502. Charges for Copies of Traffic Accident Reports and Photographs

R13-1-503. Procedure for Obtaining Copies of Offense, Arrest, or Incident Reports

R13-1-504. Charges for Copies of Offense, Arrest, or Incident Reports

Exhibit A. Disposition Report Form Block Completion Instructions for Law Enforcement and Prosecutors

Exhibit B. Disposition Report Form Block Completion Instructions for Criminal Courts

ARTICLE 1. CRIMINAL HISTORY RECORDS



R13-1-101. Definitions

In addition to the definitions in A.R.S. §§ 41-1750 and 41-2201, the following definitions apply to this Chapter:

1. “Access authorization list” means a list that contains the names of agency personnel who are authorized to receive information directly or indirectly from the ACJIS network.

2. “ACJIS” means the Arizona Criminal Justice Information System, a statewide network housing various databases on persons and property in this state. The ACJIS network is maintained by the Department and is available to authorized local, state, and federal criminal justice agencies.

3. “ADRS” means the Arizona Disposition Reporting System, which is maintained by the Department and supports electronic submission of disposition information to the central state repository.

4. “ALETS” means the Arizona Law Enforcement Telecommunications System.

5. “Arizona Computerized Criminal History” means a criminal history record kept by the Department in a database of offenders arrested in this state.

6. “Arresting agency case number” means a unique combination of 15 numbers and letters used to identify a criminal justice agency’s case number such as the Department case number, Department report number, or case report number. The first three characters are the AZAFIS-assigned alpha characters that identify the arresting agency.

7. “AZAFIS” means the Arizona Automated Fingerprint Identification System maintained by the Department that stores state-level arrest fingerprints and related information.

8. “AZAFIS Image Scanner” means the scanning system that scans and transmits ink and roll arrest fingerprint records.

9. “AZAFIS Livescan” means the electronic system that captures and transmits arrest information and fingerprints.

10. “CHRI” means Criminal History Record Information.

11. “Classifiable Fingerprints” means fingerprint impressions that meet the criteria of the FBI as contained in Form FD-258 (5-11-99), U.S. Government Printing Office: 2004-304-373/80029, incorporated by reference, available from the Department and the FBI (Attn: Logistical Support Unit (LSU), CJIS Division, 1000 Custer Hollow Road, Clarksburg, WV 26306). This incorporation contains no future editions or amendments.

12. “Date of arrest” means the date a person is taken into custody using the MMDDCCYY format as indicated in Exhibit A.

13. “Date of birth” means the subject’s date of birth using MMDDCCYY format as indicated in Exhibit A.

14. “Department” means the Arizona Department of Public Safety.

15. “Disposition date” is the date of final disposition of a charge.

16. “Hot files” means records entered into ACJIS. These records include those regarding wanted persons and stolen vehicles.

17. “Juvenile fingerprinted” means identification signifying that an individual is a juvenile on an arrest fingerprint card if the juvenile is being remanded as an adult.

18. “Law Enforcement Agency” means a municipal, county, or state agency with powers of arrest.

19. “LSI” means local subject identifier, a unique combination of 15 numbers and letters used by local law enforcement agencies to identify an individual. It is the local equivalent of a State Identification (SID) number. The first three characters are the AZAFIS-assigned alpha characters that identify the agency.

20. “NCIC” means the National Crime Information Center maintained by the FBI, a national repository of files on persons and property relating to a crime.

21. “NIBRS” means the National Incident-Based Reporting System, a system designed to collect data on each crime occurrence and each incident and arrest within that occurrence for 22 crime categories.

22. “NLETS” means the National Law Enforcement Telecommunications System, a message switching system for the interstate exchange of criminal justice information.

23. “Offender-based Tracking System” means a computer system database that indexes information from selected Arizona Criminal Justice Information System data files.

24. “Offense” means an offense listed in the Arizona Revised Statutes or a city ordinance that is used to arrest an offender.

25. “Offense type” means a designation that indicates whether an offense is a felony or a misdemeanor.

26. “ORI” means a unique identifier assigned by the FBI to an agency.

27. “PCN” means Process Control Number.

28. “Personal identifiers” means a subject’s sex, race, height, weight, hair color, and eye color.

29. “Place of birth” means the state or country in which a subject of record was born.

30. “State Identification Number (SID)” means an identification number that is assigned by the Department to an individual whose set of arrest fingerprints has been submitted to AZAFIS.

31. “Terminal Operator Certification Level A” means a terminal operator who is authorized to access the ACJIS network for entering, updating, clearing, or canceling records; conducting inquiries; and interpreting responses.

32. “Terminal Operator Certification Level B” means a terminal operator who is authorized to inquire into the ACJIS network and interpret responses.

33. “Terminal Operator Certification Level C” means a terminal operator who is authorized to inquire into the ACJIS/NCIC hot files.

34. “Terminal Operator Certification Level D” means technical personnel who are authorized to view information obtained from the ACJIS network.

35. “Terminal Operator Certification Level F” means a terminal operator who is authorized to inquire into, enter information into, or modify information in the ADRS.

36. “TOC” means Terminal Operator Certification.

Historical Note

Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-01; 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).

R13-1-102. Submission and Retention of Criminal Justice Information

A. The chief officer of a criminal justice agency in this state shall ensure that CHRI is submitted to the Department’s Central State Repository as follows.

1. A law enforcement agency shall submit arrest fingerprints to the Department through the AZAFIS or through the mail.

2. A law enforcement agency shall submit any corrections to previously submitted arrest fingerprints to the Department by fax or mail on the “Correction of Arrest Information” form available from the Department. The Department’s Central State Repository shall correct the record as requested. Corrections to or deletion of arrest records may only be requested by the arresting or booking agency. The Correction of Information form includes:

a. Name of the person authorizing the correction or deletion;

b. Agency name, ORI, and telephone and fax numbers;

c. PCN;

d. SID;

e. Subject of record’s name and date of birth;

f. Arresting agency case number;

g. Date of arrest; and

h. Correction or deletion needed.

3. Law enforcement agencies, prosecutors’ offices, and courts shall submit dispositions related to an arrest fingerprint to the Department’s Central State Repository within 40 days from the disposition date.

4. A court shall submit court orders that affect criminal history records to the Department’s Central State Repository. The Department shall update the criminal history record based on the information received in the court order.

5. A county medical examiner shall provide to the Department’s Central State Repository a full set of 10 inked and rolled fingerprints of a deceased person whose death is required to be investigated by the county medical examiner’s office. The Department shall search the fingerprints to determine whether any criminal record is maintained and, if so, update the record to indicate notification of the death. The county medical examiner shall ensure that the complete fingerprint record submitted to the Department includes:

a. Deceased person’s full name,

b. Date of birth, and

c. Personal identifiers.

B. The Department’s Central State Repository shall retain a criminal history record until the subject of record reaches age 99 or one year after the Department receives notice of the subject of record’s death.

Historical Note

Former rule 1. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-02; 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).

R13-1-103. Procedures For Law Enforcement Agencies and Prosecutors’ Offices to Forward Dispositions of Criminal Proceedings to the Central State Repository

A. A law enforcement agency and prosecutor office shall submit a completed Disposition Report form for crimes specified in A.R.S. § 41-1750(C) to the Department’s Central State Repository as outlined in A.R.S. § 41-1750.

B. The law enforcement agency that prepares the Disposition Report form shall complete the information in blocks #1 through 16 on the Disposition Report form as shown in Exhibit A for the arrest charges filed by the agency.

1. The law enforcement agency that prepares the Disposition Report form shall forward the form to the appropriate prosecutor’s office. If the arresting agency makes a decision not to pursue criminal charges, the arresting agency shall complete blocks #1 through #16 and blocks #18, 25, and 26, and submit the completed form to the Department’s Central State Repository.

2. The Department’s Central State Repository shall update the criminal history record with the disposition report information.

C. The prosecutor’s office shall verify the arrest charges listed on the Disposition Report form by the law enforcement agency, and add or amend the arrest charges listed by completing blocks #10 and 17, if applicable. The prosecutor’s office shall reflect a decision to terminate one or all of the arrest charges on the Disposition Report form by completing all of the applicable blocks on the form.

1. For criminal charges filed with a court by the prosecutor, the prosecutor shall verify or complete information in blocks #10 through 16 and block #17, if applicable, on the Disposition Report form and forward the form to the appropriate court as required by Arizona Rule of Criminal Procedure 37.2.

2. If the prosecutor decides not to file with the court one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, 25, and 26. The prosecutor shall forward the completed Disposition Report form to the Central State Repository, and the prosecutor shall forward a photocopy of the form to the appropriate court, if one or more charges are being filed with the court. The Central State Repository shall update the criminal history record to indicate the disposition for arrest charges not filed by the prosecutor.

D. Agencies may submit disposition information electronically to the Department instead of in paper form if the agency enforces quality control measures and follows the electronic disposition format provided by the Department.

Historical Note

Former rule 2. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-03; 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).

R13-1-104. Procedures for Juveniles Remanded as Adults and Procedures for the Department of Corrections to Forward Information Regarding Inmates to the Central State Repository

A. The Department maintains criminal history records in the Central State Repository for juveniles as the subject of record only if the juvenile is remanded to an adult court. If a criminal justice agency is processing a juvenile who is remanded to an adult court, the agency shall use the procedures in this Article to submit criminal history records to the Department’s Central State Repository.

B. The Arizona Department of Corrections shall forward each week to the Department a computer tape that includes for each inmate within the prison system the inmate’s full name, date of birth, sex, race, inmate number assigned by the agency, arrest information for which the inmate is serving time in prison, and custody status. The Department shall update computerized files of the Offender-based Tracking System and the Arizona Computerized Criminal History, when applicable.

Historical Note

Former rule 3. Section expired under A.R.S. § 41-1056(E) at 9 A.A.R. 5477, effective October 31, 2003 (Supp. 03-4). Formerly Section R13-1-04; 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).



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