reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-090 - Law enforcement agencies- Reporting responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) If the disposition of criminal charges is
			 made by the arresting agency, as where the individual is released without
			 charge, the arresting agency shall fill in and complete the disposition report
			 and submit same to the division. If the disposition is known at the time of the
			 arrest, this information should be noted on the fingerprint card or submitted
			 electronically through livescan with the arrest information. In this case, it
			 will be unnecessary to forward a disposition report.
(2) In all cases where the arresting agency
			 does not make the final disposition, it shall initiate the preparation of a
			 disposition report by recording the name of the individual arrested, the
			 charges on which they were arrested, the name of the contributor of the
			 fingerprint record, the process control and/or transaction control number, the
			 arrest number and any other information that may identify the individual. At
			 this stage the disposition of charges will be left blank. The partially
			 completed disposition report must then be included as part of the individual's
			 case file and must be forwarded with other information concerning the charges
			 against the individual to the prosecutor or other agency to which the arresting
			 agency forwards the case.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-090, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 92-15-014, §
										446-16-090, filed 7/6/92,
							effective 8/6/92; Order 1, §
										446-16-090, filed
							2/11/74.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-100 - Prosecutorial agencies-Reporting responsibilities

Current through Register Vol. 24-14, July 15, 2024
The prosecutor must promptly transmit the completed disposition
				information to the division if the prosecutor determines not to file charges or
				the case is not otherwise acted upon by a judicial body. In such cases, the
				prosecutor must mail or transfer the completed disposition report to the
				division within ten 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. 10-01-109, §
										446-16-100, filed 12/17/09,
							effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB
							6535, 1998 regular session. 99-07-051, §
										446-16-100, filed 3/15/99,
							effective 4/15/99. 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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-16 - Washington state identification section › Section 446-16-110 - Courts-Reporting responsibilities

Current through Register Vol. 24-14, July 15, 2024
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 must be submitted electronically to
				the WSP via the electronic data exchange between the administrative office of
				the courts (AOC) and WSP or promptly reported to the division on a disposition
				report form or judgment and sentence.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-16-110, filed 12/17/09,
							effective 1/17/10. Statutory Authority: Chapter 10.98 RCW as amended by SSB
							6535, 1998 regular session. 99-07-051, §
										446-16-110, filed 3/15/99,
							effective 4/15/99. 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.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-010 - General applicability

Current through Register Vol. 24-14, July 15, 2024
The regulations in this chapter will apply to state and local
						criminal justice agencies in the state of Washington that collect and maintain
						or disseminate criminal history record information. The regulations will also
						apply to criminal justice or other agencies outside the jurisdiction of the
						state of Washington for the purpose of the dissemination of criminal history
						record information to other agencies by state of Washington criminal justice
						agencies. The provisions of
						chapter
						10.97 RCW do not generally
						apply to the courts and court recordkeeping agencies. The courts and court
						recordkeeping agencies have the right to request and receive criminal history
						record information from criminal justice agencies. The regulations are intended
						to cover all criminal justice records systems that contain criminal history
						record information, whether the systems are manual or automated.
						Chapter
						10.97 RCW defines the
						rights and privileges relating to criminal history record information and
						should not be interpreted to redefine or amend rights or privileges relevant to
						any other kinds of records or information.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-010, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-010, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this section the following apply:
(1) The definitions in RCW   10.97.030 will apply
			 to these regulations.
(2) The
			 definitions as enumerated in RCW   43.43.830 through 43.43.845, and as amended by
			 chapter 9A.44 RCW, "An act relating to child and adult abuse information," will
			 apply whenever applicable in these regulations.
(3) "Nonconviction data" has the meaning set
			 forth in RCW   10.97.030(2) and (8).
(4) " Division" means the criminal records
			 division of the Washington state patrol.
(5) "The administration of criminal justice"
			 has the meaning set forth in RCW   10.97.030(1), but does not include crime
			 prevention activities (if that is the sole function of the program or agency) or
			 criminal defense activities.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-020, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.090. 91-24-099 (Order 91-004), §
										446-20-020, filed 12/4/91,
							effective 1/4/92. Statutory Authority: 1990 c 3. 90-20-003 (Order 90-003),
							§
										446-20-020, filed 9/20/90,
							effective 10/21/90. Statutory Authority:
							RCW
							 43.43.838 and 1987 c 486 § 5. 88-07-066
							(Order 88-03-A), §
										446-20-020, filed 3/17/88.
							Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-020, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-030 - Convictions under appeal or review

Current through Register Vol. 24-14, July 15, 2024
A conviction followed by an appeal or other court review may be
						treated as conviction information or as information pertaining to an incident
						for which a subject is currently being processed by the criminal justice system
						until such time as the conviction is reversed, vacated, or otherwise overturned
						by a court; but, notations of pending appeals or other court review will be
						included as a part of a person's criminal record if the agency disseminating
						the record has received written confirmation of such proceedings from the
						court.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-030, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-030, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-040 - Deferred prosecutions

Current through Register Vol. 24-14, July 15, 2024
(1) A deferred
			 prosecution under chapter 10.05 RCW of an alleged offender does not become
			 nonconviction data until more than one year has elapsed since arrest, citation,
			 charge, or service of warrant, or there is a final decision to dismiss charges or
			 not to prosecute, whichever occurs first.
(2) A deferred prosecution under this section
			 will not be subject to deletion under RCW   10.97.060 unless there is a final
			 decision not to prosecute.
(3)
			 Notwithstanding subsection (2) of this section, the division retains the
			 discretion to refuse to delete nonconviction data as provided in RCW
			   10.97.060.
Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-040, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-050 - Criminal justice agencies

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 agencies will be considered criminal justice agencies for the purpose of chapter
			 10.97 RCW and these regulations.
(a) The
			 Washington state patrol;
(b) Foreign,
			 federal, state, and local governmental law enforcement agencies;
(c) State, county, or municipal agencies that
			 have responsibility for the detention, pretrial release, post-trial release,
			 correctional supervision, or rehabilitation of accused persons or criminal
			 offenders;
(d) Indeterminate sentence
			 review board;
(e) Courts at any level
			 for the administration of criminal justice.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-060 - Certification of agencies

Current through Register Vol. 24-14, July 15, 2024
(1) An agency or
			 portion of an agency that asserts a right to receive criminal history record
			 information based on its status as a criminal justice agency must show
			 satisfactory evidence of its certification as a criminal justice agency prior to
			 receiving such information. The division will certify such an agency or portion
			 of an agency, based on a showing that the agency or portion of an agency, meets
			 the definition of a criminal justice agency in RCW   10.97.030. Agencies or
			 portions of agencies which assert the right to be certified as a criminal justice
			 agency must submit a written request for certification to the division.
(2) An agency or portion of an agency that
			 asserts a right to receive nonconviction criminal history record information must
			 show satisfactory evidence of certification to receive such information.
			 Certification by the division will be granted based upon statute, ordinance,
			 executive order, or a court rule, decision, or order which expressly refers to
			 nonconviction criminal history record information, and which authorizes or
			 directs that it be available or accessible for a specific purpose.
(3) The application must include documentary
			 evidence which establishes eligibility for access to criminal history record
			 information.
(4) The division will
			 make a determination in writing on the eligibility or noneligibility of the
			 applicant. The written determination, together with reasons for the decisions,
			 will be sent to the applicant.
(5)
			 The division must keep a current list of all agencies that have been certified to
			 receive criminal history record information.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-060, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-060, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-070 - Inspection - Individual's right to review record

Current through Register Vol. 24-14, July 15, 2024
Every criminal justice agency must permit an individual who is,
						or believes he may be, the subject of a criminal record maintained by that
						agency to come to the central records keeping office of that agency during its
						normal business hours and request to inspect said criminal history
						record.
To the extent that criminal history record information (CHRI)
						exists (which includes and will be limited to identifiable descriptions and
						notations of arrests, detentions, indictments, informations, or other formal
						criminal charges, and any dispositions arising therefrom, including sentences,
						correctional supervision and release) is interfiled with other records of the
						department the agency may extract the CHRI for review.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-070, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-070, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-080 - Inspection - Forms to be made available

Current through Register Vol. 24-14, July 15, 2024
The criminal justice agency must make available a request form
						to be completed by the person who is, or believes he or she may be, the subject
						of a criminal record maintained by that agency. The form must be substantially
						equivalent to that set forth in WAC
						446-20-400.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-080, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-080, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-090 - Inspection of record by the subject of record

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person desiring to inspect his or her criminal history record information or
			 request a copy of his or her nonconviction data for a reasonable fee may do so at
			 the central records keeping office of any criminal justice agency or at the
			 Washington state patrol criminal records division, during normal business hours,
			 Monday through Friday, excepting legal holidays.
(2) Any person desiring to inspect his or her
			 criminal history record information or request a copy of his or her
			 non-conviction data for a reasonable fee must first permit his or her
			 fingerprints to be taken by the criminal justice agency for identification
			 purposes. The criminal justice agency in its discretion may accept other
			 identification in lieu of fingerprints.
(3) A reasonable period of time, not to exceed
			 thirty minutes, will be allowed each individual to visually examine criminal
			 history record information pertaining to himself or herself.
(4) If any person who desires to examine his or
			 her criminal history record information is unable to read or is otherwise unable
			 to examine same because of a physical disability, he or she may designate another
			 person of their own choice to assist him or her. The person about whom the
			 information pertains must execute, with his or her mark, a form provided by the
			 criminal justice agency consenting to the inspection of criminal history
			 information pertaining to himself or herself by another person for the purpose of
			 it being read or otherwise described to him or her. Such designated person will
			 then be permitted to read or otherwise describe or translate the criminal history
			 record information to the person about whom it pertains.
(5) Each criminal justice agency will develop
			 procedures to ensure that no individual improperly retains or mechanically
			 reproduces nonconviction data during the process of inspection.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 12-17-114, §
										446-20-090, filed 8/21/12,
							effective 9/21/12; 10-01-109, §
										446-20-090, filed 12/17/09,
							effective 1/17/10; 97-05-048, §
										446-20-090, filed 2/18/97,
							effective 3/21/97. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-090, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-100 - Inspection-Timeliness and manner of agency response

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 criminal justice agency not maintaining criminal history record information of
			 the individual requesting inspection will not be obligated to further processing
			 of inspection request.
(2) A criminal
			 justice agency maintaining criminal history record information of the individual
			 requesting inspection must respond in the manner following and as soon as
			 administratively convenient, but in no event later than ten business days from
			 the date of the receipt of the request.
(a) If
			 the criminal history record information concerns offenses for which fingerprints
			 were not submitted to the division, the agency must respond by disclosing the
			 identifiable descriptions and notations of arrests, charges, and dispositions
			 that are contained in the files of the agency.
(b) If the criminal history record information
			 concerns offenses for which fingerprints were submitted to the division, the
			 agency upon request of the subject of the record, must forward the request to the
			 division for processing.
(c) The
			 division will copy all Washington state criminal history record information in
			 the files of the division relating to the individual requester and forward it to
			 the criminal justice agency submitting the request. The division may provide a
			 copy of the individual's nonconviction data directly to the subject of record
			 upon written request from the individual for a reasonable fee.
(d) Upon receipt by the criminal justice agency
			 of the requester's criminal history record information, the agency will notify
			 the requester at his or her designated address or telephone number that the
			 requested information is available for inspection. The subject of the criminal
			 history record information must appear at the agency during its normal business
			 hours for purpose of inspecting the record.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-120 - Challenge - Individual's right to challenge

Current through Register Vol. 24-14, July 15, 2024
A subject seeking to challenge the accuracy or completeness of
						any part of his or her criminal history record information must do so in
						writing, clearly identifying that information which he or she asserts to be
						inaccurate or incomplete. This includes only records generated by Washington
						state criminal justice agencies.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-120, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-120, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-130 - Challenge-Forms to be made available

Current through Register Vol. 24-14, July 15, 2024
Every criminal justice agency which authorizes individuals to use
				its facilities for the purpose of inspecting their criminal history record
				information shall provide an appropriate challenge form and the contact
				information of the agency whose record entry is being challenged. Such forms
				shall be substantially equivalent to that set forth in WAC
				446-20-450.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-130, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-130, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-140 - Challenge - Agency to make determination

Current through Register Vol. 24-14, July 15, 2024
The agency which initiated the criminal history record
						information being challenged must:
(1)
					Not later than ten business days after receiving the written challenge,
					acknowledge receipt of the challenge in writing; and
(2) Promptly, but in no event later than ten
					business days after acknowledging receipt of the challenge, either:
(a) Make any correction of any portion of the
					criminal history record information which the person challenging such
					information has designated as being inaccurate or incomplete.
(b) Inform the person challenging the
					criminal history record information, in writing, of the refusal to amend the
					criminal history record information, the reason for the refusal, and the
					procedures for review of that refusal.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-150 - Correction of erroneous information

Current through Register Vol. 24-14, July 15, 2024
(1) The originating agency must send
					information correcting the previously incorrect information to all agencies and
					persons to which the previously incorrect information was disseminated by the
					originating agency. This obligation will be limited to disseminations made
					within one year of the date on which the challenge was initiated.
(2) Any criminal justice agency maintaining
					criminal history record information within the state must adopt a procedure
					which, when significant information in a criminal history record maintained on
					an individual is determined to be inaccurate, leads to the dissemination of
					corrected information to every agency and person(s) to which the prior
					erroneous information was disseminated within the preceding one year.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-150, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-150, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-160 - Review of refusal to alter record

Current through Register Vol. 24-14, July 15, 2024
A person who is the subject of a criminal record and who
				disagrees with the refusal of the agency maintaining or submitting the record to
				correct, complete, or delete the record, may request a review of the refusal
				within twenty business days of the date of receipt of such refusal. The request
				for review must be in writing. If review is requested in the time allowed, the
				head of the agency whose record or submission has been challenged must complete
				the review within thirty days and make a final determination of the challenge.
				The head of the agency may extend the thirty-day period for an additional period
				not to exceed thirty business days. If the head of the agency determines that the
				challenge should not be allowed, he or she must state his or her reasons in a
				written decision, a copy of which must be provided to the subject of the record.
				Denial by the agency head will constitute a final decision under RCW   34.05.570.
				Notwithstanding this section, RCW  43.43.-730 governs an individual's request to
				the Washington state patrol criminal records division to purge, modify, or
				supplement that individual's criminal history record information on file with the
				Washington state patrol criminal records division.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-160, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-160, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-170 - Secondary dissemination

Current through Register Vol. 24-14, July 15, 2024
(1) Criminal
			 justice agencies that receive state criminal history record information from the
			 division may disseminate them further, "but only to the same extent to which the
			 division itself would be authorized to make dissemination in the first instance."
			 Nonconviction data based on an incident that arose in the jurisdiction of that
			 agency about to make the dissemination is not subject to this restriction, if the
			 agency is otherwise authorized to disseminate such information.
(2) Noncriminal justice agencies authorized to
			 receive criminal history record information from whatever source may use it only
			 for the specific purpose for which the agency is certified and shall not
			 disseminate it further.
(3) Use of
			 criminal history record information contrary to chapter 10.97 RCW or chapter
			 446-20 WAC may result in suspension or cancellation of authorization.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-170, filed 12/17/09,
							effective 1/17/10; 97-05-048, §
										446-20-170, filed 2/18/97,
							effective 3/21/97. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-170, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-180 - Dissemination pursuant to contract for services

Current through Register Vol. 24-14, July 15, 2024
(1) Criminal history record information which
					includes nonconviction data may be disseminated pursuant to a contract to
					provide services, as set forth in
					RCW
					 10.97.050(5). The contract
					must contain provisions giving notice to the individual or agency to which the
					information is to be disseminated that the use of such information is subject
					to the provisions of
					chapter
					10.97 RCW and these
					regulations, and federal statutes and regulations, which must be cited with
					express reference to the penalties provided for a violation thereof.
(2) When a criminal justice agency uses an
					information system containing criminal history record information that is
					controlled and managed by a noncriminal justice agency, the noncriminal justice
					agency may disseminate criminal history record information only as authorized
					by the criminal justice agency. Authorization must be established in a contract
					between the criminal justice agency and the noncriminal justice agency
					providing the management service or support. Any criminal justice agency
					entering a contract with a noncriminal justice agency must require that the
					noncriminal justice agency and personnel, who utilize criminal history record
					information, meet the same physical security and personnel standards as set
					forth by the Washington state patrol under
					RCW
					 10.97.090.
All programs, tapes, source documents, listings, and other
						developmental or related data processing information containing or permitting
						any person to gain access to criminal history record information, and all
						personnel involved in the development, maintenance, or operation of an
						automated information system containing criminal history record information,
						are subject to the requirements of
						RCW
						 10.97.050(5) and these
						regulations. A statement to this effect must be included in the
						contract.
The contract for support services must be substantially similar
						to that set forth in WAC
						446-20-440.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-180, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-180, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-190 - Dissemination-Research purposes

Current through Register Vol. 24-14, July 15, 2024
Criminal history record information which includes nonconviction
				data may be disseminated for research, evaluative, or statistical purposes
				according to the provisions of RCW   10.97.050(6). The transfer agreement provided
				for by that section must be substantially similar to that set forth in WAC
				446-20-420 (model transfer provisions).
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-190, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-190, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-200 - Disclosure to assist victim

Current through Register Vol. 24-14, July 15, 2024
A criminal justice agency may, but need not, disclose
						investigative information to "persons who have suffered physical loss, property
						damage, or injury compensable through civil action" as contemplated by
						RCW
						 10.97.070. Disclosure may be made to the
						apparent victim; an attorney, parent or guardian acting for the victim or an
						executor or administrator of an estate of a decedent victim; an authorized
						agent of the victim; another law enforcement or criminal justice agency making
						inquiry on behalf of the victim; and/or, upon an appropriate showing, an
						indemnitor, assignee, insurer, or subrogee of the victim. Written capacity to
						act on behalf of the victim may be required by the agency. Investigative
						information which "... may be of assistance to the victim in obtaining civil
						redress" may include but is not limited to:
(1) The name, address, and other location
					information about a suspect, witness, and in the event of a juvenile, the
					suspect's parent or guardian;
(2)
					Copies of the incident report; and in person review of documents, photographs,
					statements, and other materials collected in the course of an
					investigation;
(3) The location of,
					and identity of receivers and custodians of stolen property and of property
					recovered as lost and found property;
(4) The progress of proceedings arising from
					the incident and the disposition of any prosecution or other action.
An agency making a disclosure is not expected to evaluate the
						merits of a victim's claim for civil relief. Disclosure merely indicates the
						information has been received and the agency reasonably believes the
						information may be useful to the recipient in seeking civil redress. Disclosure
						does not constitute an opinion or comment upon the existence or merits of a
						claim and it does
not
vouch for the accuracy or completeness
						of the information.
Disclosures made to victims under the authority of
						RCW
						 10.97.070 must be considered in conjunction
						with chapter 42.56
						RCW, chapter 46.52
						RCW (Confidentiality of accident reports and statements), civil and criminal
						court rules governing discovery and other state and federal
						laws.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-200, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-200, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-210 - Protection from accidental loss or injury

Current through Register Vol. 24-14, July 15, 2024
Criminal justice agencies (hereinafter, agency(s)) and
						noncriminal justice contractors, (hereinafter, contractor(s)) which collect,
						retrieve, and/or store and disseminate criminal history record information in
						manual and automated systems, must institute procedures for the protection of
						criminal history record information from environmental hazards, including fire,
						flood, power failure, or other natural or man-made disasters, or in accordance
						with local fire, safety, and building codes.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-210, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-210, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-220 - Protection against unauthorized access

Current through Register Vol. 24-14, July 15, 2024
Criminal history record systems, whether dedicated to criminal
				justice purposes, or shared, will be designed and operated in accordance with
				procedures which will assure that:
(1)
			 Access to criminal history record information facilities and system operating
			 areas (whether for computerized or manual systems) and the content of data files
			 and systems documentation, will be restricted to authorized personnel. These
			 procedures may include use of guards, keys, badges, passwords, sign-in logs, or
			 similar safeguards.
(2) All
			 facilities which house criminal history record information must be designed and
			 constructed so as to reduce the possibility of physical damage to the information
			 resulting from unauthorized access.
(3) Criminal history record information is
			 stored in such a manner that will prevent modification, destruction, access,
			 change, purging, or overlay of criminal history record information by
			 unauthorized personnel.
(4)
			 Operational programs are used in computerized systems that will prohibit inquiry,
			 record updates, or destruction of records from any terminal other than those
			 authorized to perform criminal history record information functions.
(5) The purging or destruction of records is
			 limited to personnel authorized by the criminal justice agency or through
			 contract as required under WAC 446-20-180, and consistent with WAC
			 446-20-230.
(6) Refuse from the
			 criminal history record information system installations is transferred and
			 destroyed under such reasonably secure conditions as will effectively guard
			 against unauthorized availability.
(7) Operational procedures are used in
			 computerized systems to detect and store unauthorized attempts to penetrate any
			 criminal history record information system, program or file, and that such
			 information is made available only to criminal justice agency employees with
			 responsibility for system security, or as authorized by WAC 446-20-180.
(8) The procedures developed to meet standards
			 of subsections (4) and (7) of this section, are known only to authorized
			 employees responsible for criminal history records information system
			 control.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-220, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-220, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-230 - Personnel security

Current through Register Vol. 24-14, July 15, 2024
Any personnel with unescorted access to unencrypted criminal
				justice information including criminal history record information must meet the
				standards established by the Federal Bureau of Investigation's Criminal Justice
				Information Services (CJIS) Security Policy.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-230, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-230, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-240 - Personnel training

Current through Register Vol. 24-14, July 15, 2024
Any personnel with unescorted access to unencrypted criminal
				justice information including criminal history record information must meet the
				training standards established by the Federal Bureau of Investigation's Criminal
				Justice Information Services (CJIS) Security Policy.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-240, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-240, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-250 - Contractor personnel clearances

Current through Register Vol. 24-14, July 15, 2024
Any personnel with unescorted access to unencrypted criminal
				justice information including criminal history record information must meet the
				standards established by the Federal Bureau of Investigation's Criminal Justice
				Information Services (CJIS) Security Policy.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-250, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-250, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-260 - Auditing of criminal history record information systems

Current through Register Vol. 24-14, July 15, 2024
(1) Every criminal justice agency, including
					contractors authorized to collect, retrieve, maintain, and disseminate criminal
					history record information pursuant to WAC
					446-20-180, must make its records
					available under
					RCW
					 10.97.090(3) to determine
					the extent of compliance with the following:
(a) Dissemination records as required under
					RCW
					 10.97.050(7);
(b) Security procedures as required by
					RCW
					 10.97.090(1); and
(c) Personnel standards as required by
					RCW
					 10.97.090(2).
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-270 - Establishment of procedures

Current through Register Vol. 24-14, July 15, 2024
Every criminal justice agency which collects, retrieves,
						maintains, and/or disseminates criminal history record information must
						establish written rules and regulations setting forth security and personnel
						procedures for authorized access to criminal history record information files
						or adopt administrative regulations promulgated by the Washington state
						patrol.
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-270, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-270, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-280 - Employment-Conviction records

Current through Register Vol. 24-14, July 15, 2024
(1) A conviction
			 record will be furnished consistent with the provisions of RCW   43.43.815, upon
			 the submission of a written or electronic request of any employer, accompanied by
			 fingerprints and other identifying data of the employee or prospective
			 employee.
(2) Fingerprints must be
			 submitted on cards of the type specified by the division, and must contain a
			 certification by the employer that the information is being disseminated to and
			 will be available only to persons involved in the hiring, background
			 investigation, or job assignment of the person whose record is disseminated, that
			 the record will be used only as necessary for the purposes enumerated in this
			 section, and that the request for conviction data is for one of the following
			 purposes:
(a) Securing a bond required for any
			 employment;
(b) Conducting
			 preemployment and postemployment evaluations of employees and prospective
			 employees who, in the course of employment, may have access to information
			 affecting national security, trade secrets, confidential or proprietary business
			 information, money, or items of value; or
(c) Assisting an investigation of suspected
			 employee misconduct where such misconduct may also constitute a penal offense
			 under the laws of the United States or any state.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-300 - Privacy - Security

Current through Register Vol. 24-14, July 15, 2024
(1) All
					employers or prospective employers receiving conviction records pursuant to
					RCW
					 43.43.815, must comply with the provisions of
					WAC 446-20-210 through
					446-20-250 relating to privacy
					and security of the records.
(2)
					Businesses or organizations, the state board of education, and the department
					of social and health services receiving conviction records or disciplinary
					board final decision information must comply with the provisions of WAC
					446-20-220(1) and
					(3)  relating to privacy and security of the
					records.
(a) The business or organization must
					use this record only in making the initial employment or engagement decision.
					Further dissemination or use of the record is prohibited. A business or
					organization violating this prohibition is subject to a civil action for
					damages.
(b) No employee of the
					state, employee of a business or organization, or the organization is liable
					for defamation, invasion of privacy, negligence, or any other claim in
					connection with any lawful dissemination of information under
					RCW
					 43.43.830 through
					43.43.840 or
					43.43.760.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-310 - Audits

Current through Register Vol. 24-14, July 15, 2024
(1) All employers
					or prospective employers receiving conviction records pursuant to
					RCW
					 43.43.815 must comply with the provisions of
					WAC 446-20-260 through
					446-20-270 relating to audit of
					the recordkeeping system.
(2)
					Businesses or organizations, the state board of education and the department of
					social and health services receiving conviction records or disciplinary board
					final decision information may be subject to periodic audits by Washington
					state patrol personnel to determine compliance with the provisions of WAC
					446-20-300(2).
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 12-17-114, §
										446-20-310, filed 8/21/12,
							effective 9/21/12; 10-01-109, §
										446-20-310, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.090. 91-24-099 (Order 91-004), §
										446-20-310, filed 12/4/91,
							effective 1/4/92. Statutory Authority:
							RCW
							 43.43.838 and 1987 c 486 § 5. 88-07-066
							(Order 88-03-A), §
										446-20-310, filed 3/17/88.
							Statutory Authority: 1982 c 202 §1(7). 82-22-006 (Order 82-5), §
										446-20-310, filed
							10/22/82.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-400 - Form of request to inspect record

Current through Register Vol. 24-14, July 15, 2024
INSPECTION OF RECORD REQUEST
(RCW   10.97.080/WAC 446-20-070)
Agency .........................................
Agency No ......................................
Date ............................................
Time . ..........................................
I, ............, do hereby request to inspect my criminal
				history record information maintained in the files of the above named agency. In
				order to ensure positive identification as the person in question, I am
				submitting my fingerprints in the space below.
(Fill in where applicable box)
Because I am unable to read [SQUARE]; do not understand English
				[SQUARE]; other reason [SQUARE]; I hereby designate and consent that (Print
				Name), whose address is ................, read or otherwise described or
				translated to me the criminal history record information concerning
				myself.
................................................
................................................
Prints of right four fingers (Signature or mark taken
				simultaneously of Applicant)
.......................
(Address) .......................
.......................
(Signature of Designee)
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-400, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-400, filed
							7/1/80.
Washington Administrative Code › Title 446 - State Patrol (See also Titles 204, 212 and 448) › Chapter 446-20 - Employment-Conviction records › Section 446-20-410 - Form of request to review refusal to modify record

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
							Chapters
							10.97 and
							43.43 RCW. 10-01-109, §
										446-20-410, filed 12/17/09,
							effective 1/17/10. Statutory Authority:
							RCW
							 10.97.080 and
							10.97.090. 80-08-057 (Order 80-2),
							§
										446-20-410, filed
							7/1/80.