WSR 15-22-078 PERMANENT RULES WASHINGTON STATE PATROL [Filed November 3, 2015, 8:18 a.m., effective December 4, 2015]
Purpose: Clarify when deferred prosecution is included in criminal history records information.
Citation of Existing Rules Affected by this Order: Repealing [amending] WAC 446-20-040.
Adopted under notice filed as WSR 15-17-079 on August 17, 2015.
Changes Other than Editing from Proposed to Adopted Version: Clarification was provided to the language based on stakeholder feedback.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 2, 2015.
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 80-08-057, filed 7/1/80)
WAC 446-20-040 Deferred prosecutions.
(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 until there is a final decision to dismiss charges or not to prosecute.
(3) Notwithstanding subsection (2) if this section, the section retains the discretion to refuse to delete nonconviction data as provided in RCW 10.97.060.
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