Ariz. Admin. Code § R13-1-103 - Procedures for Law Enforcement Agencies and Prosecutors' Office 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 decides 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. The prosecutor may amend the listed arrest charges by completing blocks #10, #13, #14, #15 and #17 on line "b" of the existing charge, if applicable and line "a" of the next available charge if applicable. The prosecutor's office shall reflect a decision to terminate prosecution on one or more of the arrest charges on the Disposition Report form by completing blocks #18, #24, #25 and #26 for all of the applicable charges.

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 Rule 37.2.

2. If the prosecutor decides not to file with the court on 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 copy 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.

3. If the prosecutor enters into a Deferred Prosecution Agreement with the arrestee on one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, #19, #20, #21, #22, #23, #24, #25 and #26. The prosecutor shall forward the completed Disposition Report form to the Central State Repository and the prosecutor shall forward the completed Disposition Report 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. Once the prosecution has closed the case with a final disposition on one or more of the arrest charges listed on the Disposition Report form, the prosecutor shall complete blocks #18, #25 and #26 with the updated disposition.

D. Submission of disposition information may be made by one of the following means:

1. By ADRS if the law enforcement agency or prosecutor office enforces quality control measures and follows the electronic disposition format provided by the Department;

2. By mail to the Department, Central State Repository Section, P.O. Box 6638, Mail Drop 3110, Phoenix, AZ 85005-6638; or

3. By email to AZ_CentralStateRepository@azdps.gov.

Notes

Ariz. Admin. Code § R13-1-103

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). Amended by final rulemaking at 30 A.A.R. 2077, effective 8/4/2024.