Date of Adoption: February 23, 1999.

Purpose: To amend WAC 446-16-070 Report contents, 446-16-080 Report time limitations, 446-16-100 Prosecutorial agencies and 446-16-110 Courts; to add the option of electronic transfer of disposition reports on approved forms; require that the process control number (PCN) be included on dispositions if known; and updates the persons responsible for transmission of completed disposition information.

Citation of Existing Rules Affected by this Order: Amending WAC 446-16-070, 446-16-080, 446-16-100, and 446-16-110.

Statutory Authority for Adoption: Chapter 10.98 RCW as amended by SSB 6535, 1998 regular session.

Adopted under notice filed as WSR 99-03-080 on January 20, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 10, 1999

Annette M. Sandberg

Chief

OTS-2516.3

AMENDATORY SECTION(Amending WSR 97-05-048, filed 2/18/97, effective 3/21/97)

WAC 446-16-070
Report contents--General.

The report of disposition shall be made on forms provided by the section((.  The name of the subject about which the report is made, the designated fingerprints of the subject, the name of the original contributor of the fingerprint or arrest record, and the original arrest number shall be entered on the disposition report exactly the same)) or shall be transferred electronically on forms approved by the section. The disposition report shall include all arrest details as they ((appear)) appeared on the fingerprint card or arrest record previously forwarded to the section.  The state identification number and Process Control Number (PCN) should be indicated on the disposition report if known.

[Statutory Authority: Chapters 10.97 and 43.43 RCW.  97-05-048, § 446-16-070, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-070, filed 2/11/74.]

All of the information requested on the disposition report shall be completed and the report mailed or electronically transferred to the Washington state patrol identification and criminal history section, within 10 days of the date that a disposition becomes effective.

[Statutory Authority: Chapters 10.97 and 43.43 RCW.  97-05-048, § 446-16-080, filed 2/18/97, effective 3/21/97.  Statutory Authority: RCW 10.97.080 and 10.97.090.  92-15-014, § 446-16-080, filed 7/6/92, effective 8/6/92.  Statutory Authority: RCW 10.97.090.  91-22-055 (Order 91-007), § 446-16-080, filed 11/1/91, effective 12/2/91; Order 1, § 446-16-080, filed 2/11/74.]

(1) The prosecutor or ((city attorney shall complete the disposition report)) county clerk shall promptly transmit the completed disposition information to the section if ((he)) the prosecutor determines not to file charges or the case is not otherwise acted upon by a judicial body.  In such cases, the prosecutor or ((city attorney)) county clerk shall mail or transfer the completed disposition report to the section within 10 days from the date that it is determined no further judicial action will be taken on the charges.

[Statutory Authority: Chapters 10.97 and 43.43 RCW.  97-05-048, § 446-16-100, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-100, filed 2/11/74.]

Where the disposition of criminal charges occurs as a result of action taken by or within the jurisdiction of any court in the state of Washington, the disposition of such charges shall be reported to the identification and criminal history section pursuant to rules of the supreme court of the state of Washington on forms approved by the supreme court and supplied by the section. However, in a county where the judicial information system or other secure method of electronic transfer of information has been implemented between the court and the section, the court may electronically provide the disposition information to the section.

[Statutory Authority: Chapters 10.97 and 43.43 RCW.  97-05-048, § 446-16-110, filed 2/18/97, effective 3/21/97; Order 1, § 446-16-110, filed 2/11/74.]

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