Arizona Criminal Justice Commission Statistical Analysis Center Publication Our mission is to sustain and enhance the coordination, cohesiveness, productivity and effectiveness of the Criminal Justice System in Arizona The Reporting of Sexual Assault in Arizona, CY 2003-2012 October 2014 ARIZONA CRIMINAL JUSTICE COMMISSION Chairperson BILL MONTGOMERY Maricopa County Attorney Vice-Chairperson DAVID K. BYERS, Director Administrative Office of the Courts JOSEPH ARPAIO Maricopa County Sheriff JOE R. BRUGMAN, Chief Safford Police Department TIMOTHY J. DORN, Chief Gilbert Police Department CLARENCE DUPNIK Pima County Sheriff CHRIS GIBBS, Mayor City of Safford ROBERT C. HALLIDAY, Director Department of Public Safety TOM HORNE Attorney General DREW JOHN Graham County Supervisor ELLEN KIRSCHBAUM, Chairperson Board of Executive Clemency BARBARA LAWALL Pima County Attorney SHEILA POLK Yavapai County Attorney WILLIAM PRIBIL Coconino County Sheriff CHARLES RYAN, Director Department of Corrections DAVID SANDERS Pima County Chief Probation Officer DANIEL G. SHARP, Chief Oro Valley Police Department STEVEN SHELDON Former Judge MARK SPENCER Law Enforcement Leader JOHN A. BLACKBURN, JR. Executive Director MATTHEW BILESKI, M.A. Statistical Analysis Center Research Analyst Arizona Criminal Justice Commission The Reporting of Sexual Assault in Arizona, CY 2003-2012 Prepared by Matthew Bileski, M.A. Research Analyst The Arizona Criminal Justice Commission would like to thank the staff at the Arizona Department of Public Safety for providing the data necessary to carry out this report. Arizona Criminal Justice Commission TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................... 1 INTRODUCTION ............................................................................................................. 3 Reporting Requirements.................................................................................................. 4 SEXUAL ASSAULT-RELATED DATA, CY 2003-2012........................................................ 5 Sexual Assault Arrests ..................................................................................................... 5 Sexual Assault Involving a Spouse Arrests ........................................................................ 6 Violent Sexual Assault Arrests .......................................................................................... 8 False Reporting of Sexual Assault Involving a Spouse ........................................................ 8 Sexual Assault-Related Arrests Involving Domestic Violence ............................................... 9 Sexual Assault-Related Offender Characteristics ...............................................................10 Sexual Assault-Related Dispositions, Convictions, and Sentencing ......................................13 Dispositions, Convictions, and Sentencing for Sexual Assault Involving Domestic Violence ...17 TRENDS IN THE SEXUAL ASSAULT-RELATED DATA, CY 2003-2012............................18 Sexual Assault-Related Arrests, Charges, and Convictions .................................................18 Sexual Assault-Related Sentencing ..................................................................................19 Sexual Assault-Related Vs. Other Offense Arrest Charge Outcomes....................................20 DISCUSSION..................................................................................................................21 Data Availability ............................................................................................................22 Data Quality ..................................................................................................................23 APPENDIX ......................................................................................................................24 The Reporting of Sexual Assault in Arizona, CY 2003-2012 Arizona Criminal Justice Commission EXECUTIVE SUMMARY Arizona Revised Statute (A.R.S.) §41-2406, which became law in July 2005, requires the Arizona Criminal Justice Commission (ACJC) to compile information obtained from all Arizona disposition reporting forms on sexual assault (A.R.S. §13-1406) and the false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03). The Arizona Department of Public Safety (DPS) provides the ACJC with the necessary records to meet the requirement. Utilizing DPS arrest and disposition data, ACJC is mandated to provide an annual sexual assault report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, and the Director of the Arizona State Library, Archives, and Public Records. The data used to complete this report are extracted by DPS from the Arizona Computerized Criminal History (ACCH) records system and provided to ACJC in January on an annual basis. By statute, local law enforcement agencies, prosecutors, and the courts are required to submit to the ACCH repository information on all arrests and subsequent case disposition information for felonies, sexual offenses, driving under the influence offenses, and domestic violence-related offenses. This report focuses on data from calendar years (CY) 2003 to 2012 and updates data reported in the CY2002 to 2011 report.1 The ACJC is required to report on law enforcement reporting, charge filings, and subsequent case disposition findings (specifically convictions) and sentencing of A.R.S. §13-1406 sexual assault charges, A.R.S. §13-1406.01 sexual assault involving a spouse charges, and §13-2907.03 false reporting of sexual assault of a spouse charges. In addition to the mandatory sexual assault statutes, data in the report include A.R.S. §13-1423 violent sexual assault arrest and disposition information reported to ACCH. The following summarizes some of the latest findings in year-overyear change from CY 2011 to CY 2012 for all sexual assault-related2 arrest and disposition information available in the ACCH:  The total number of arrests involving sexual assault increased from 277 in CY 2011 to 306 in CY 2012, and arrest charges also increased from 562 to 584 over the same period. A total of two arrests were made involving violent sexual assault in CY 2012, accounting for 14 violent sexual assault charges.  Over 99 percent of sexual assault-related arrestees in CY 2012 were male, an increase from 98.1 percent reported in CY 2011. The majority of arrestees continued to be white/Caucasian and under the age of 25.  Sexual assault-related arrests flagged for domestic violence increased from 33 arrests in CY 2011 to 42 arrests in CY 2012.  Convictions for sexual assault-related charges decreased from 219 in CY 2011 to 126 in CY 2012. Also in CY 2012, court dismissals outnumbered convictions at 132.  Convictions for sexual assault charges involving domestic violence remained unchanged at eight in CY 2011 and CY 2012; however, court dismissals rose from 10 1 2 Bileski, Matthew and Phillip Stevenson. “The Reporting of Sexual Assault in Arizona, CY 2002-2011” August 2013. . March 14, 2014. For the purposes of the report, all references to “sexual assault-related” arrest and disposition information includes charges for sexual assault, sexual assault involving a spouse, and violent sexual assault. The Reporting of Sexual Assault in Arizona, CY 2003-2012 1 Arizona Criminal Justice Commission to 28 during the same period. No convictions were reported for violent sexual assault and sexual assault involving a spouse charges in CY 2011 and CY 2012.  The percentage of sexual assault convictions that resulted in a sentence of probation fell from 85.4 percent in CY 2011 to 73.8 percent in CY 2012. The percentage of convictions that resulted in a sentence to prison fell from 51.1 percent in CY 2011 to 50.8 percent in CY 2012, and sentences to jail fell from 3.7 percent to 2.4 percent over the same period. Further, sentences were all, or in part, suspended for 45.2 percent of convictions in both CY 2011 and CY 2012. As of 2005, the ACJC no longer receives data that meets the A.R.S. §41-2406.C reporting requirement of identifying sexual assault charges involving a spouse. In August 2005, the sexual assault involving a spouse statute (specifically A.R.S. §13-1406.01) was repealed from the state statutes by Senate Bill 1040. Despite the repealing of A.R.S. §13-1406.01 as a criminal code, two charges of sexual assault involving a spouse were reported in CY 2007 and one in CY 2008. A.R.S. §41-2406.C also mandates that in cases of sexual assault involving a spouse ACJC report whether the victim and the offender were estranged at the time of the offense. Except for a general indication of domestic violence, there is no field on the disposition reporting form that describes the relationship between the victim and the offender or the status of the relationship at the time of the offense. As a result, the ACJC has elected to provide arrest and disposition information for all sexual assault-related charges flagged for domestic violence separately in the report. Even though false reporting of a sexual assault involving a spouse has been a statute-specific crime in Arizona’s criminal code since 2005, only one arrest charge of false reporting of sexual assault involving a spouse was reported to the ACCH repository during the ten-year period. No subsequent case disposition information has been provided for this particular charge. The Reporting of Sexual Assault in Arizona, CY 2003-2012 2 Arizona Criminal Justice Commission INTRODUCTION Arizona Revised Statute (A.R.S.) §41-2406 requires that the Arizona Criminal Justice Commission (ACJC) report the number of police reports, charges filed, convictions, and sentences obtained from disposition forms submitted to the Department of Public Safety (DPS) by Arizona criminal justice agencies on sexual assault (A.R.S. §13-1406) and false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03). In addition, A.R.S. §41-2406 mandates that the report include the same information pertaining to sexual assault of a spouse (A.R.S. §13-1406.01), and further specify the number of these charges where the victim/offender relationship was estranged. ACJC submits the annual sexual assault report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Secretary of State, and the Director of the Arizona State Library, Archives, and Public Records. The information in this report includes 1) the number of sexual assault-related arrests and arrest charges, 2) the number of charges not referred for prosecution and not filed, 3) the charge outcomes for filed charges including the number of convictions that are obtained, and 4) the types of sentences that result from these convictions. Unfortunately, the A.R.S. §13-1406.01 sexual assault involving a spouse statute was repealed in 2005, and the victim/offender relationship is not identified in records compiled and maintained at DPS. The data used to compile this report was extracted from the Arizona Computerized Criminal History (ACCH) repository by DPS in January 2014 and provided to the Arizona Criminal Justice Commission’s statistical analysis center. The information in the ACCH is populated from arrest and disposition reporting forms submitted by law enforcement, prosecutors, and the courts. The arrest and disposition reporting forms used by local, county, tribal, and state criminal justice agencies to report arrests and subsequent criminal justice system activity to the ACCH do not contain all the information needed to meet the reporting requirements within A.R.S. §41-2406. For example, A.R.S. §13-1406.01, which was the specific offense statute for sexual assault involving a spouse, was repealed from the criminal codes in 2005. Further, A.R.S. §13-2907.03, the specific criminal code for false reporting of sexual assault involving a spouse, is a misdemeanor offense for which submission to the ACCH is not required according to A.R.S. §411750.A1. Although many criminal justice agencies across the state are exceeding the requirements by providing arrest and disposition charges for non-mandatory misdemeanor offenses to DPS for entry into the ACCH, it is unclear whether all false reporting of sexual assault involving a spouse charges are being recorded in the ACCH. Limitations in the timeliness and completeness of records in the ACCH repository also present obstacles to the reporting of criminal justice system activity in Arizona. Arrest charges cannot be entered into ACCH when fingerprints are not taken properly or defendants bypass the booking process after being summonsed or cited to appear in court. In other cases, prosecution and court agencies may not effectively close out a criminal history record in the ACCH because they did not submit the final disposition form to DPS or the form was submitted but rejected by DPS due to errors in the information. According to the latest data, 21.3 percent of CY 2003 to CY 2012 ACCH arrest charges for sexual assault-related offenses were missing subsequent case disposition information by January 2014 (Table 15, page 21). Missing arrest and disposition data continues to be a concern regarding the ACCH repository and should be considered when taking the data in this report into account. The Reporting of Sexual Assault in Arizona, CY 2003-2012 3 Arizona Criminal Justice Commission Reporting Requirements A.R.S. §41-2406.A requires DPS to provide to ACJC “each applicable disposition reporting form relating to sexual assaults pursuant to section 13-1406 and false reporting of sexual assault pursuant to section §13-2907.03…” In turn, A.R.S. §41-2406.B (1-4) requires ACJC to, “…maintain the following records regarding sexual assaults pursuant to section §131406 and false reporting of sexual assault pursuant to section §13-2907.03 that are submitted to the commission by the Department of Public Safety: 1) The number of police reports that are filed; 2) The number of charges that are filed and what charges are filed; 3) The number of convictions that are obtained; 4) The sentences that are imposed for each conviction.” A.R.S. §41-2406.C goes on to state that: “…the records shall identify the total number of police reports, charges, convictions and sentences for all sexual assaults and the number of police reports, charges, convictions, and sentences for those sexual assaults that involved a spouse. For those sexual assaults that involved a spouse, the report shall identify whether the victim and the victim’s spouse were estranged. The records shall also identify the total number of police reports, charges, convictions, and sentences for all false reports that relate to sexual assault of a spouse pursuant to section §13-2907.03.” Building on the previous year’s report, this report contains all available ACCH data on law enforcement arrest and charging information, case disposition information including convictions, and sentencing information for sexual assault-related offenses and the false reporting of sexual assault of a spouse from CY 2003 to CY 2012. Additional data is provided for sexual assaultrelated charges linked to domestic violence as well as offender characteristics of individuals arrested for sexual assault-related charges. The latest enhancement from the previous sexual assault report is the comparison of disposition findings between sexual assault-related arrest charges and other offense arrest charges in the ACCH (see Table 15). The Reporting of Sexual Assault in Arizona, CY 2003-2012 4 Arizona Criminal Justice Commission SEXUAL ASSAULT-RELATED DATA, CY 2003-2012 This report summarizes the sexual assault-related arrest and disposition data in the ACCH for arrests and dispositions processed from CY 2003 to CY 2012. The data from CY 2003 through CY 2011 have been updated from the previous report published in August 2013.3 The data provided to ACJC was extracted from the ACCH in January 2014, giving all CY 2012 and prior arrest charges a case processing time of at least twelve months from the arrest date. The data in this report include information that was entered into the ACCH by the end of CY 2013. Sexual Assault Arrests According to the ACCH data, the total number of arrests involving at least one charge of sexual assault (A.R.S. §13-1406) fluctuated from year-to-year, ranging from a low of 271 arrests in CY 2007 to a high of 326 in CY 2009 (Table 1). Overall, the number of sexual assault arrests decreased by 3.5 percent from CY 2003 to CY 2012 while the number of sexual assault arrest charges also decreased 4.9 percent over the same period. The 298 individuals arrested for sexual assault during CY 2003 were charged with a total of 614 sexual assault charges. In CY 2012, 290 individuals were arrested for 584 sexual assault charges. The average number of sexual assault charges per arrest was nearly identical at 1.9 charges in both CY 2003 and CY 2012. Uniform Crime Reporting Program According to the latest Uniform Crime Reporting (UCR) statistics released by the Federal Bureau of Investigation (FBI), the number of forcible rapes reported to law enforcement in Arizona rose by 22.7 percent from CY 2003 to CY 2012. From CY 2003 to CY 2012, the total number of A portion of the sexual assaults that sexual assault charges leading to sexual assault occur in Arizona are reported as forcible convictions decreased by 38.9 percent. In CY rape to the UCR program. The FBI’s 2012, 91 of the 584 sexual assault charges led definition of forcible rape is more to convictions for the original charge of sexual restrictive than the sexual assault assault. An additional 25 convictions were definition in Arizona state statute. The obtained for sexual abuse, aggravated assault, FBI expanded its definition of forcible kidnapping, molestation of a child, sexual rape beginning in CY 2013. conduct with a minor, and marijuana drug offenses. The percentage of sexual assault charges leading to sexual assault convictions was highest in CY 2007 at 32.2 percent and lowest in CY 2012 at 15.6 percent. The total number and percentage of sexual assault arrest charges missing subsequent case disposition information is also available in Table 1. From CY 2003 to CY 2010, the percentage of arrest charges with missing dispositions ranged from a high of 25.0 percent in CY 2004 to a low of 10.4 percent in CY 2007. Not surprisingly, the highest numbers and percentages of arrests missing disposition information were reported in CY 2011 and CY 2012. One explanation for the increase in missing disposition data over the last two years is that many of the more recent arrests 3 Bileski, Matthew and Phillip Stevenson. “The Reporting of Sexual Assault in Arizona, CY 2002-2011.” August 2013. < http://www.azcjc.gov/ACJC.Web/Pubs/Home/2013%20ARS%2041-2406%20Report. pdf> March 14, 2014. The Reporting of Sexual Assault in Arizona, CY 2003-2012 5 Arizona Criminal Justice Commission did not have sufficient time for final case completion and submission of disposition information to DPS. Table 1. A.R.S. §13-1406 Sexual Assault Arrests CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Arrests Including a Charge for Sexual Assault 317 296 315 305 271 278 326 282 277 306 2,973 Sexual Assault Arrest Charges 614 508 683 573 540 510 752 657 562 584 5,983 149 113 155 140 174 120 198 186 99 91 1,425 Sexual Assault Arrest Charges Leading to Sexual Assault Convictions* (24.3%) (22.2%) (22.7%) (24.4%) (32.2%) (23.5%) (26.3%) (28.3%) (17.6%) (15.6%) (23.8%) Sexual Assault Arrest Charges 0 Leading to Sexual Assault (0.0%) Involving a Spouse Convictions Sexual Assault Arrest Charges Leading to Convictions Not Related to Sexual Assault Sexual Assault Arrest Charges Not Disposed in the ACCH (as of January 2014) 15a 2 (0.4%) 18b 0 (0.0%) 23c 0 (0.0%) 23d 0 (0.0%) 27e 0 (0.0%) 14f 0 (0.0%) 21g 0 (0.0%) 23h 0 (0.0%) 27i 0 (0.0%) 25j 2 (0.0%) 216 (2.4%) (3.5%) (3.4%) (4.0%) (5.0%) (2.7%) (2.8%) (3.5%) (4.8%) (4.3%) (3.6%) 116 127 98 105 56 95 92 127 180 268 1,264 (18.9%) (25.0%) (14.3%) (18.3%) (10.4%) (18.6%) (12.2%) (19.3%) (32.0%) (45.9%) (21.1%) * Two convictions resulting from arrests in 2007 and 2008 were reversed and remanded. a Fifteen 2003 arrest charges led to convictions for sexual conduct with a minor (6), sexual abuse (4), aggravated assault (3), unlawful imprisonment, and molestation of a child. b Eighteen 2004 arrest charges led to convictions for sexual abuse (9), aggravated assault (3), assault, unlawful imprisonment, sexual conduct with a minor, adultery, aggravated harassment, and bigamy. c Twenty-three 2005 arrest charges led to convictions for sexual abuse (9), aggravated assault (6), sexual conduct with a minor (4), assault (2), public sexual indecency, and molestation of a child. d Twenty-three 2006 arrest charges led to convictions for aggravated assault (7), sexual abuse (6), sexual conduct with a minor (4), kidnapping (2), molestation of a child (2), 2nd degree failure to appear, and a prescription-only drug offense. e Twenty-seven 2007 arrest charges led to convictions for aggravated assault (8), sexual conduct with a minor (6), sexual abuse (6), child or vulnerable adult abuse (3), kidnapping (2), assault, and 1st degree criminal trespassing. f Fourteen 2008 arrest charges led to convictions for sexual abuse (5), kidnapping (3), sexual conduct with a minor (2), aggravated assault, molestation of a child, disorderly conduct, and child or vulnerable adult abuse. g Twenty-one 2009 arrest charges led to convictions for sexual conduct with a minor (10), aggravated assault (5), sexual abuse (3), kidnapping, molestation of a child, and child or vulnerable adult abuse. h Twenty-three 2010 arrest charges led to convictions for sexual abuse (11), aggravated assault (7), kidnapping (3), sexual conduct with a minor, and child or vulnerable adult abuse. i Twenty-seven 2011 arrest charges led to convictions for sexual abuse (6), aggravated assault (5), child or vulnerable adult abuse (5), sexual conduct with a minor (3), kidnapping (3), unlawful imprisonment, molestation of a child, stalking, a prescription-only drug offense, and a narcotic drug offense. j Twenty-five 2012 arrest charges led to convictions for sexual abuse (9), aggravated assault (7), kidnapping (5), molestation of a child (2), sexual conduct with a minor, and a marijuana drug offense. Sexual Assault Involving a Spouse Arrests From CY 2003 to CY 2005, the total number of arrests including a charge for sexual assault involving a spouse decreased while charges for sexual assault involving a spouse increased from 22 to 27 (Table 2). In CY 2005, the 27 arrest charges for sexual assault involving a spouse led to The Reporting of Sexual Assault in Arizona, CY 2003-2012 6 Arizona Criminal Justice Commission six convictions on the same charge. Two arrests for sexual assault involving a spouse in CY 2005 resulted in convictions for aggravated assault and sexual abuse. In total, the number of arrest charges leading to convictions for sexual assault involving a spouse increased from four in CY 2003 to six in CY 2005. Table 2. Arrests for Repealed A.R.S. §13-1406.01 Sexual Assault Involving a Spouse CY 2003-2012* 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Arrests Including a Charge for Sexual Assault Involving a Spouse 20 11 18 0 2 1 0 0 0 0 52 Sexual Assault Involving a Spouse Arrest Charges 22 20 27 0 2 1 0 0 0 0 72 0 N/A N/A N/A N/A 0 N/A N/A N/A N/A 0 N/A N/A N/A N/A 0 N/A N/A N/A N/A Sexual Assault Involving a Spouse Arrest Charges Leading 4 2 6 (18.2%) (10.0%) (22.2%) to Sexual Assault Involving a Spouse Convictions N/A Sexual Assault Involving a 1 Spouse Arrest Charges Leading (4.5%) to Sexual Assault Convictions N/A 1 (5.0%) 0 (0.0%) Sexual Assault Involving a Spouse Arrest Charges Leading 2a 1b 2c (9.1%) (5.0%) (7.4%) to Convictions Not Related to Sexual Assault Sexual Assault Involving a Spouse Arrest Charges Not 1 6 6 (4.5%) (30.0%) (22.2%) Disposed in the ACCH N/A N/A 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) (0.0%) (0.0%) (0.0%) (0.0%) 12 (16.7%) 2 (2.8%) 5 (6.9%) 13 (18.1%) (as of January 2014) * Sexual assault involving a spouse (formerly A.R.S. §13-1406.01) was repealed from state statutes on August 11, 2005. a Two A.R.S. §13-1406.01 arrest charges led to one unlawful imprisonment conviction and one sexual abuse conviction in 2003. b One A.R.S. §13-1406.01 arrest charge led to a deferred sentencing outcome for assault in 2004. c Two A.R.S. §13-1406.01 arrest charges led to one aggravated assault conviction and one sexual abuse conviction in 2005. The total number and percentage of sexual assault involving a spouse arrest charges with missing disposition information rose from one (4.5 percent of total charges) in CY 2003 to six (30.0 percent) in CY 2004 and stayed level at six (22.2 percent) in CY 2005. As of CY 2006, the Arizona Revised Statutes no longer include a specific charge for sexual assault involving a spouse. Thus, the ACCH contains little data on sexual assaults involving a spouse from CY 2006 to the present. Despite the fact that sexual assault involving a spouse is no longer an offense unique from sexual assault, two CY 2007 arrest charges and one CY 2008 arrest charge were entered into ACCH using the repealed statute citation for sexual assault involving a spouse. The Reporting of Sexual Assault in Arizona, CY 2003-2012 7 Arizona Criminal Justice Commission Violent Sexual Assault Arrests Despite being introduced as a criminal code in 1999, no violent sexual assault arrests (i.e., A.R.S. §13-1423) were submitted to the ACCH until CY 2005. In CY 2005, information on four arrests was submitted to the ACCH involving a total of six violent sexual assault arrest charges. The number of charges for violent sexual assault did not eclipse the CY2005 total until CY 2012 when 14 arrest charges were submitted. None of the violent sexual assault arrest charges from CY 2005 to CY 2012 led to a conviction for violent sexual assault. One arrest charge in CY 2005 and two in CY 2010 resulted in convictions for sexual assault. An additional arrest charge in CY 2005 resulted in a conviction for child molestation. Of the 30 arrest charges for violent sexual assault from CY 2005 to CY 2012, 19 (63.3 percent) were missing disposition information in the ACCH as of January 2014, 14 of which were from CY 2012. Table 3. A.R.S. §13-1423 Violent Sexual Assault Arrests CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Arrests Including a Charge for Violent Sexual Assault 0 0 4 1 2 2 1 2 0 2 14 Violent Sexual Assault Arrest Charges 0 0 6 1 2 3 1 3 0 14 30 Violent Sexual Assault Arrest Charges Leading to Violent Sexual Assault Convictions N/A N/A 0 N/A Violent Sexual Assault Arrest Charges Leading to Sexual Assault Convictions N/A N/A 2 N/A Violent Sexual Assault Arrest Charges Leading to Convictions Not Related to Sexual Assault N/A N/A N/A N/A Sexual Assault Arrest Charges Not Disposed in the ACCH (as of January 2014) a 0 (0.0%) 1 (16.7%) 1a (16.7%) 2 (33.3%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 0 (0.0%) 1 (50.0%) 0 (0.0%) 0 (0.0%) 0 0 (0.0%) 0 (0.0%) 0 (0.0%) (66.7%) (0.0%) (0.0%) (0.0%) 0 N/A 0 1 1 N/A (0.0%) (100.0%) (33.3%) 0 (0.0%) 0 (0.0%) 0 3 (10.0%) 1 (0.0%) (3.3%) 14 19 (100.0%) (63.3%) One violent sexual assault arrest charge led to a conviction charge for molestation of a child in 2005. False Reporting of Sexual Assault Involving a Spouse In CY 2012, no arrest or disposition charges were reported for false reporting of sexual assault involving a spouse. During CY 2010, there was one arrest charge for false reporting of sexual assault involving a spouse, and as of January 2014, there was no case disposition information for the charge in the ACCH. Prior to CY 2010, there were no arrest charges in the ACCH for false reporting of sexual assault involving a spouse. Notably, the charge of false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03) is a class one misdemeanor and A.R.S. §411750.A.1 does not require information on this misdemeanor offense to be entered into the ACCH repository. Therefore, the absence of arrest and subsequent case disposition information on false reporting of sexual assault involving a spouse in the ACCH does not necessarily mean that no The Reporting of Sexual Assault in Arizona, CY 2003-2012 0 (0.0%) 8 Arizona Criminal Justice Commission additional arrests for false reporting of sexual assault involving a spouse took place during the ten-year reporting period. Sexual Assault-Related Arrests Involving Domestic Violence In order to better understand the criminal justice processing of sexual assault cases that occur in the context of a domestic relationship, this section reviews sexual assault-related arrests that were flagged for domestic violence. Domestic violence is not an official statutory offense; rather, an offender is charged with an eligible domestic violence offense (e.g., sexual assault, aggravated assault, etc.) and the arrest record is flagged for domestic violence. The domestic violence flag subsequently impacts the court’s decision at sentencing and allows for the identification of repeat domestic violence offenders. It is important to note that Arizona defines domestic violence offenses as those that occur in many relationship contexts, including marriage, but also dating, familial, and cohabiting relationships.4 Table 4. Sexual Assault-Related Arrests Flagged for Domestic Violence CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Sexual Assault-Related Arrests Flagged for Domestic Violence 18 19 25 20 27 29 34 29 33 42 276 Sexual Assault-Related Arrest Charges Flagged for Domestic Violence 27 27 30 32 33 39 52 54 65 77 436 7 3 8 6 6 7 7 18 11 79 2a 0 2b 2c 3d 1e 1f 0 Number of Arrest Charges Flagged for Domestic Violence that Led to Sexual AssaultRelated Convictions Number of Arrest Charges Flagged for Domestic Violence that Led to Convictions Not Related to Sexual Assault Sexual Assault Arrest Charges Flagged for Domestic Violence and Not Disposed in the ACCH (25.9%) (11.1%) (26.7%) (18.8%) (18.2%) (17.9%) (13.5%) (33.3%) (7.4%) (0.0%) (6.7%) (6.3%) 3 4 3 4 (11.1%) (14.8%) (10.0%) (12.5%) (9.1%) 3 (9.1%) 6 (9.2%) 0 (14.3%) (18.1%) 2g (1.9%) (0.0%) (0.0%) (2.6%) (3.0%) 8 13 10 14 35 97 (20.5%) (25.0%) (18.5%) (21.5%) (45.5%) (22.2%) (as of January 2014) a b c d e f g Two arrest charges led to one sexual conduct with a minor conviction and one molestation of a child conviction in 2003. Two arrest charges led to aggravated assault convictions in 2005. Two arrest charges led to kidnapping convictions in 2006. Three arrest charges led to an aggravated assault conviction, a kidnapping conviction, and a sexual abuse conviction in 2007. One arrest charge led to a kidnapping conviction in 2008. One arrest charge led to a conviction for molestation of a child in 2009. Two arrest charges led to a conviction for aggravated assault and a conviction for sexual abuse in 2012. The total number of arrests involving at least one sexual assault-related arrest charge flagged for domestic violence increased 133.3 percent from 18 in CY 2003 to 42 in CY 2012 (Table 4). The total number of sexual assault-related charges flagged for domestic violence also increased 185.2 4 See A.R.S. 13-3601 in the Appendix section for Arizona’s statutory definition of domestic violence. The Reporting of Sexual Assault in Arizona, CY 2003-2012 13 (2.6%) 9 Arizona Criminal Justice Commission percent from 27 in CY 2003 to 77 in CY 2012. The number of charges per arrest increased from 1.5 in CY 2003 to 1.8 in CY 2012. The total number of sexual assault-related arrest charges flagged for domestic violence that led to sexual assault-related convictions fluctuated, but generally increased, from seven in CY 2003 to 11 in CY 2012. During most of the time period examined, there were fewer than ten arrest charges for sexual assault flagged for domestic violence that resulted in convictions for sexual assault-related charges. The exceptions are for CY 2010 and CY 2012 when there were a total of 18 and 11 flagged arrest charges that led to sexual assault-related convictions, respectively. Over the ten-year period, 13 arrest charges related to sexual assault that were flagged for domestic violence resulted in convictions for aggravated assault, sexual conduct with a minor, child molestation, kidnapping, and sexual abuse. Of the total 436 sexual assault-related arrest charges flagged for domestic violence from CY 2003 to CY 2012, 97 (22.2 percent) were missing disposition information in the ACCH. In CY 2012, 35 (45.5 percent) arrest charges were missing disposition information in the ACCH. Again, the increase in missing disposition information in later years may be due to the limited time allowed for disposition completion compared to earlier years. Sexual Assault-Related Offender Characteristics Data was also compiled on the gender, race, and age of sexual assault, sexual assault involving a spouse, and violent sexual assault arrestees from CY 2003 to CY 2012 (Tables 5, 6, and 7). According to the arrest data available in the ACCH, an overwhelming majority of arrestees were male. At least 98.0 percent of sexual assault-related arrestees were male during each year of the study period. DPS adheres to the National Crime Information Center (NCIC) guidelines for racial categories in the ACCH. The Federal Bureau of Investigation’s NCIC reporting guidelines require states to collect information on race according to the following categories: white/Caucasian, black, American Indian/Alaskan Native, Asian/Pacific Islander, and unknown. Guidance is provided to states to record individuals of Latino ethnicity within an available racial category that best represents the arrestee. In other words, the data in the ACCH does not provide detail regarding the ethnicity of arrestees. White/Caucasian sexual assault arrestees made up between 72.4 and 81.7 percent of all sexual assault arrestees from CY 2003 to CY 2012 (Table 5). Black arrestees ranged from a low of 11.3 percent in CY 2009 to a high of 19.3 percent in CY 2011. American Indian/Alaskan Natives ranged from a low of 4.8 percent of arrestees in CY 2006 to a high of 8.1 percent in CY 2007. Asian/Pacific Islanders ranged from a low of 0.3 percent of arrestees in CY 2005 to a high of 1.7 percent in CY 2006 and each year 1.0 percent or less of arrestees were of “unknown” race. From CY 2003 to CY 2012, the greatest percentage of sexual assault arrestees were 24 years of age or younger (32.2 percent), followed by 25 to 34 year olds (30.8 percent) and 35 to 44 year olds (20.6 percent). Over the entire ten-year period, only 16.4 percent of arrestees were 45 or older. Despite the majority of arrestees being 24 years of age and under over the entire ten years, more arrestees were between 25 and 34 years of age in CY 2003, CY 2009, and CY 2010. The Reporting of Sexual Assault in Arizona, CY 2003-2012 10 Arizona Criminal Justice Commission From CY 2003 to CY 2012, the total number of individuals arrested for sexual assault fluctuated. The total fell from 298 in CY 2003 to 260 in CY 2007 and immediately increased to a ten-year high of 311 in CY 2009. After CY 2009, the total dropped right back to 259 in CY 2010 and CY 2011, and the total ended at 290 in CY 2012. Table 5. Demographics of Individuals Arrested for Sexual Assault CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Gender 99.0% 98.9% 99.0% 99.3% 99.6% 100.0% 99.4% 99.2% 98.1% 99.7% 99.2% 1.0% 1.1% 1.0% 0.7% 0.4% 0.0% 0.6% 0.8% 1.9% 0.3% 0.8% Male Female Race White/Caucasian Black Asian/Pacific Islander American Indian/Alaskan Native Unknown 80.2% 78.7% 77.2% 79.0% 76.2% 80.1% 81.7% 76.8% 74.9% 72.4% 77.8% 11.7% 13.7% 13.8% 13.4% 14.6% 13.2% 11.3% 16.6% 19.3% 18.3% 14.5% 1.3% 1.1% 0.3% 1.7% 1.2% 1.1% 0.6% 1.2% 0.4% 1.4% 1.0% 6.4% 6.1% 7.7% 4.8% 8.1% 5.6% 5.8% 5.4% 5.4% 7.2% 6.3% 0.3% 0.4% 1.0% 1.0% 0.0% 0.0% 0.6% 0.0% 0.0% 0.7% 0.4% Age at Arrest 24 and Under 25-34 35-44 45-59 60 and Older Total Individuals Arrested* 32.6% 33.9% 19.1% 11.7% 34.3% 34.3% 21.3% 10.1% 33.2% 31.9% 21.1% 11.7% 34.7% 30.9% 17.5% 14.8% 34.2% 33.1% 18.5% 11.9% 34.2% 28.2% 16.9% 19.2% 28.0% 31.8% 25.4% 13.2% 27.8% 28.2% 25.5% 15.4% 34.0% 27.4% 17.0% 18.1% 29.7% 27.2% 23.1% 16.2% 32.2% 30.8% 20.6% 14.2% 2.7% 0.0% 2.0% 2.1% 2.3% 1.5% 1.6% 3.1% 3.5% 3.8% 2.2% 298 277 298 291 260 266 311 259 259 290 * The total number of individuals arrested may be lower than the total number of arrests per year because individuals may be arrested more than once for sexual assault offenses in any given year. When looking at individuals arrested for sexual assault involving a spouse, all individuals arrested for this offense were male (Table 6). From CY 2003 to CY 2005, a great majority of arrestees were white/Caucasian while the other remaining arrestees were black. No arrestees had a reported race of Asian/Pacific Islander, American Indian/Alaskan Native, or “unknown.” Unlike for sexual assault, arrestees for sexual assault involving a spouse were more likely to be over the age of 24 (Table 6). In CY 2003 and CY 2005, the majority of arrestees were between the ages of 25 and 34. Interestingly in CY 2004, more arrestees for sexual assault involving a spouse were between the ages of 45 and 59 than any other age category. No arrestees were reportedly 60 years of age or older from CY 2003 to CY 2005. As of CY 2006, A.R.S. §13-1406.01 no longer existed as a state statute code for sexual assault involving a spouse. Despite the repeal of the sexual assault involving a spouse statute, three arrest charges were reported to the ACCH. Any additional arrest charges for sexual assault involving a spouse after CY 2005 would have been processed and entered into the ACCH under another sexual assault-related charge. The Reporting of Sexual Assault in Arizona, CY 2003-2012 11 2,809 Arizona Criminal Justice Commission Table 6. Demographics of Individuals Arrested for Sexual Assault Involving a Spouse CY 2003-2012* 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Gender Male Female 100.0% 100.0% 100.0% 0.0% 0.0% 0.0% N/A 100.0% 100.0% N/A 0.0% 0.0% N/A N/A N/A N/A N/A N/A N/A 100.0% N/A 0.0% 89.5% 90.9% 88.9% 10.5% 9.1% 11.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% N/A 50.0% 100.0% N/A 50.0% 0.0% N/A 0.0% 0.0% N/A 0.0% 0.0% N/A 0.0% 0.0% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 88.2% N/A 11.8% N/A 0.0% N/A 0.0% N/A 0.0% 0.0% 9.1% 11.1% 63.2% 27.3% 50.0% 31.6% 27.3% 38.9% 5.3% 36.4% 0.0% N/A 0.0% 0.0% N/A 50.0% 0.0% N/A 50.0% 0.0% N/A 0.0% 100.0% N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 5.9% N/A 49.0% N/A 33.3% N/A 11.8% N/A N/A N/A N/A N/A Race White/Caucasian Black Asian/Pacific Islander American Indian/Alaskan Native Unknown Age at Arrest 24 and Under 25-34 35-44 45-59 60 and Older Total Individuals Arrested** 0.0% 0.0% 0.0% 19 11 18 0 0.0% 2 0.0% 1 0 0 0 0 * Sexual assault involving a spouse (formerly A.R.S. §13-1406.01) was repealed from state statutes on August 11, 2005. ** The total number of individuals arrested may be lower than the total number of arrests per year because individuals may be arrested more than once for sexual assault offenses in any given year. Looking at individuals arrested for violent sexual assault from CY 2005 to CY 2012, all arrestees were male (Table 7). During this same period, half of arrestees were white/Caucasian, followed by black (28.6 percent), American Indian/Alaskan Native (14.3 percent), and Asian/Pacific Islander (7.1 percent). Although not always the highest percentage each year, half (50.0 percent) of violent sexual assault arrestees from CY 2005 to CY 2012 were between 35 and 44 years old (Table 7). The second-most represented age category of all arrestees during the study period was the 45 to 59 year old age group (28.6 percent) followed by the 24 and under age group (14.3 percent). One arrestee (7.1 percent) was between the ages of 25 and 34 in CY 2008. Over the ten-year period, no more than four individuals were arrested for violent sexual assault during any given year (Table 7). In CY 2012, a total of two individuals were arrested for violent sexual assault. No arrests for violent sexual assault were reported in CY 2003, CY 2004, and CY 2011. The violent sexual assault criminal code has existed in the Arizona Revised Statutes since CY 1999. The Reporting of Sexual Assault in Arizona, CY 2003-2012 12 0.0% 51 Arizona Criminal Justice Commission Table 7. Demographics of Individuals Arrested for Violent Sexual Assault CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Gender Male Female N/A N/A N/A 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% N/A 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% N/A 100.0% 100.0% N/A 0.0% 0.0% N/A N/A N/A N/A N/A N/A 75.0% 0.0% 50.0% 50.0% 100.0% 50.0% N/A 25.0% 0.0% 0.0% 0.0% 0.0% 50.0% N/A 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% N/A 0.0% 0.0% 50.0% 50.0% 0.0% 0.0% N/A 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% N/A 0.0% 50.0% N/A 100.0% 28.6% N/A 0.0% 7.1% N/A 0.0% 14.3% N/A 0.0% 0.0% N/A N/A N/A N/A N/A N/A 25.0% 100.0% 0.0% 0.0% 0.0% 0.0% N/A 0.0% 0.0% 0.0% 50.0% 0.0% 0.0% N/A 75.0% 0.0% 0.0% 50.0% 100.0% 100.0% N/A 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% N/A 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% N/A 0.0% 14.3% N/A 0.0% 7.1% N/A 0.0% 50.0% N/A 100.0% 28.6% N/A 0.0% 0.0% Race White/Caucasian Black Asian/Pacific Islander American Indian/Alaskan Native Unknown Age at Arrest 24 and Under 25-34 35-44 45-59 60 and Older Total Individuals Arrested 0 0 4 1 2 2 1 2 0 2 14 Sexual Assault-Related Dispositions, Convictions, and Sentencing The following section summarizes sexual assault-related disposition, conviction, and sentencing data associated with arrests that were made from CY 2003 to CY 2012 and are in the ACCH. The sexual assault-related disposition charges reported in this section do not necessarily result from the sexual assault-related arrest charges reported in the previous sections. The sexual assaultrelated dispositions resulted from any arrest ranging from CY 2001 through CY 2012 for any arrest violation of the criminal code available in state statutes and local ordinances. Table 8. Sexual Assault Disposition Charges by Outcome CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Not Referred 1 9 5 2 5 7 6 0 2 17 54 Not Filed 87 54 101 97 74 113 127 107 100 82 942 Dismissed by the Court 158 230 144 243 198 205 198 289 199 132 1,996 Acquitted/Not Guilty 1 4 11 10 16 14 25 12 15 3 111 Plea to Other Charges 5 2 1 1 9 2 4 3 1 1 29 Conviction* 82 115 126 122 111 150 218 175 219 126 1,444 334 414 388 475 413 491 578 586 536 361 4,576 Total Submitted to ACCH * One conviction was later overturned in 2004 while two convictions were reversed and remanded in 2007 and 2011. The Reporting of Sexual Assault in Arizona, CY 2003-2012 13 Arizona Criminal Justice Commission From CY 2003 to CY 2012, charges not referred fluctuated, but rose overall, from one in CY 2003 to 17 in CY 2012, and sexual assault charges not filed decreased from 87 in CY 2003 to 82 in CY 2012 (Table 8). Although there is significant year-to-year variation in the number of sexual assault charges dismissed by the court, from CY 2003 to CY 2012, the number of sexual assault disposition charges dismissed by the court decreased from 158 to a ten-year low of 132. Acquittals rose to a high of 25 in CY 2009 before dropping to three in CY 2012, and pleas to other charges decreased overall from five in CY 2003 to one in CY 2011 and CY 2012. Convictions for sexual assault increased over the ten-year period from 82 in CY 2003 to 126 in CY 2012. A high of 219 convictions were recorded in the ACCH in CY 2011. Overall, the percentage of convictions for sexual assault increased 53.7 percent from CY 2003 to CY 2012. Table 9. Percentage of Sexual Assault Convictions by Sentence Type(s) CY 2003-2012 2003 Probation Jail 2004 2006 2007 2008 2009 2010 2011 2012 Total 84.1% 84.3% 70.6% 84.4% 88.3% 82.0% 67.0% 81.7% 85.4% 73.8% 79.5% 8.5% 10.4% Prison 2005 7.1% 5.7% 6.3% 2.7% 4.6% 2.9% 3.7% 2.4% 5.0% 45.1% 50.4% 52.4% 45.9% 42.3% 49.3% 58.7% 45.1% 51.1% 50.8% 49.9% Community Service 1.2% 1.7% 4.0% 2.5% 0.9% 1.3% 0.5% 1.7% 0.5% 0.0% 1.3% Restitution 0.0% 0.0% 0.0% 0.0% 0.0% 0.7% 2.3% 1.7% 0.5% 3.2% 1.0% Suspended Sentence 47.6% 32.2% 33.3% 48.4% 45.9% 46.0% 37.6% 48.0% 45.2% 45.2% 42.9% Other Sentence 48.8% 63.5% 29.4% 51.6% 42.3% 38.0% 33.5% 32.0% 33.3% 15.1% 37.3% Total Convictions* 82 115 126 122 111 150 218 175 219 126 1,444 * All overturned and reversed and remanded convictions noted in Table 8 are included in the total convictions count. When looking at the sentences associated with sexual assault-related convictions, it is important to point out that the sentence information in Tables 9, 11, and 14 is not mutually exclusive. In other words, the sentencing information contained in the ACCH may include multiple sanctions imposed as a result of a single sexual assault conviction. During the time period examined, 79.5 percent of sexual assault convictions led to probation sentences (Table 9). Sexual assault convictions leading to a probation sentence ranged from a high of 88.3 percent of convictions in CY 2007 to a low of 67.0 percent in CY 2009. Prison sentences ranged from 42.3 percent of convictions in CY 2007 to 58.7 percent in CY 2009. Jail sentences ranged from 2.4 percent of convictions in CY 2012 to 10.4 percent of convictions in CY 2004. The imposition of restitution on individuals convicted of sexual assault increased during the time period examined. Restitution sentencing was not used until CY 2008 and increased to 3.2 percent of convictions in CY 2012. The Reporting of Sexual Assault in Arizona, CY 2003-2012 14 Arizona Criminal Justice Commission Community service sentencing, suspended sentencing, and “other” sentencing declined from CY 2003 to CY 2012. Community service fell from 1.2 percent in CY 2003 to 0.0 percent in CY 2012, and suspended sentencing also dropped from 47.6 percent to 45.2 percent over the same period. The percentage of sexual assault convictions assigned “other” unspecified sentences5 fell from 48.8 percent in CY 2003 to 15.1 percent in CY 2012. Table 10. Sexual Assault Involving a Spouse Disposition Charges by Outcome CY 2003-2012* 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Not Referred 0 1 0 0 0 0 N/A N/A N/A N/A 1 Not Filed 3 0 1 0 1 1 N/A N/A N/A N/A 6 Dismissed by the Court 3 14 7 6 0 1 N/A N/A N/A N/A 31 Acquitted/Not Guilty 0 0 0 0 0 0 N/A N/A N/A N/A 0 Plea to Other Charges 0 0 0 0 0 0 N/A N/A N/A N/A 0 Conviction 5 3 4 3 0 0 N/A N/A N/A N/A 15 11 18 12 9 1 2 0 0 0 0 53 Total Submitted to ACCH * Sexual assault involving a spouse (formerly A.R.S. §13-1406.01) was repealed from state statutes on August 11, 2005. A total of 11 charges were disposed for sexual assault involving a spouse in the ACCH in CY 2003, increased to 18 in CY 2004, and dropped to zero from CY 2009 to CY 2012 (Table 10). Only one charge was not referred in CY 2004. Three charges for sexual assault involving a spouse were not filed in CY 2003, and only one was not filed in CY 2005, CY 2007, and CY 2008. The two no filings reported in CY 2007 and CY 2008 resulted from offenses that occurred after the statute repeal date. More than half of the dispositions for sexual assault involving a spouse were dismissed in court, ranging from zero in CY 2007 to 14 in CY 2004. No sexual assault involving a spouse charges resulted in acquittals or pleas to other charges. Convictions for sexual assault involving a spouse fell from a high of five in CY 2003 to three in CY 2006. No convictions were reported after CY 2006, likely due to the repeal of the sexual assault involving a spouse statute during CY 2005. From CY 2003 to CY 2006, each year at least 80.0 percent of the convictions for sexual assault involving a spouse led to a probation sentence (Table 11). In fact, all convictions resulted in a probation sentence from CY 2004 to CY 2006. While a significant percentage of convictions also led to prison sentences during most years, no prison sentences were handed out to individuals convicted of sexual assault involving a spouse in CY 2004. Jail sentences were assigned to 13.3 percent of convictions over the four-year period. The ACCH repository maintains an “other” unspecified sentencing variable for disposition agencies to identify whether an additional form of sentencing was imposed. 5 The Reporting of Sexual Assault in Arizona, CY 2003-2012 15 Arizona Criminal Justice Commission Table 11. Percentage of Sexual Assault Involving a Spouse Convictions by Sentence Type(s), CY 2003-2012 2003 Probation 2004 2005 2006 2007 80.0% 100.0% 100.0% 100.0% Jail 2008 2009 2010 2011 2012 Total N/A N/A N/A N/A N/A N/A 93.3% 0.0% 33.3% 25.0% 0.0% N/A N/A N/A N/A N/A N/A 13.3% 60.0% 0.0% 25.0% 33.3% N/A N/A N/A N/A N/A N/A 33.3% Community Service 0.0% 33.3% 0.0% 0.0% N/A N/A N/A N/A N/A N/A 6.7% Restitution 0.0% 0.0% 0.0% 0.0% N/A N/A N/A N/A N/A N/A 0.0% Suspended Sentence 40.0% 66.7% 75.0% 33.3% N/A N/A N/A N/A N/A N/A 53.3% Other Sentence 60.0% 33.3% 25.0% 0.0% N/A N/A N/A N/A N/A N/A 33.3% Prison Total Convictions 5 3 4 3 0 0 0 0 0 0 15 One conviction in CY 2004 resulted in a sentence of community service. Sentences were suspended for 33.3 percent to 75.0 percent of charges from CY 2003 to CY 2006. “Other” unspecified sentences were handed out from CY 2003 to CY 2005, ranging from 25.0 percent to 60.0 percent per year. No convictions led to restitution orders from CY 2003 to CY 2006. Table 12. Violent Sexual Assault Disposition Charges by Outcome CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Not Referred N/A N/A 0 0 0 0 N/A N/A N/A N/A 0 Not Filed N/A N/A 2 1 0 3 N/A N/A N/A N/A 6 Dismissed by the Court N/A N/A 0 0 1 0 N/A N/A N/A N/A 1 Acquitted/Not Guilty N/A N/A 0 0 0 0 N/A N/A N/A N/A 0 Plea to Other Charges N/A N/A 0 0 0 0 N/A N/A N/A N/A 0 Conviction N/A N/A 0 0 0 0 N/A N/A N/A N/A 0 0 0 2 1 1 3 0 0 0 0 7 Total Submitted to ACCH Two disposition charges for violent sexual assault were submitted to the ACCH in CY 2005, one in both CY 2006 and CY 2007, and three in CY 2008 (Table 12). Six of the seven charges were not filed by prosecutors, and the remaining violent sexual assault charge resulted in a court dismissal in CY 2007. Because no violent sexual assault charges led to convictions, sentencing information for violent sexual assault convictions is not included in the report. The Reporting of Sexual Assault in Arizona, CY 2003-2012 16 Arizona Criminal Justice Commission Dispositions, Convictions, and Sentencing for Sexual Assault Involving Domestic Violence The DPS extract provided to ACJC currently includes domestic violence flag information for all disposition charges. As a result, this report contains statistics regarding disposition findings and subsequent conviction sentences for all sexual assault-related disposition charges flagged for domestic violence in the ACCH. Charges not referred by law enforcement were minimal with one charge each in CY 2004, CY 2007, CY 2009, and CY 2012 (Table 13). Charges not filed increased over the ten-year period from four charges in CY 2003 to 15 in CY 2012. Court dismissals for sexual assault-related disposition charges flagged for domestic violence ranged from five in CY 2003 and CY 2005 to a high of 28 in CY 2012. Six disposition charges were acquitted/found not guilty in the ACCH with one reported in CY 2007 and CY 2012 along with four reported in CY 2011. Also over the tenyear period, no sexual assault-related disposition charges flagged for domestic violence were pled to other charges, and convictions increased from two in CY 2003 to eight in CY 2012. Table 13. Sexual Assault-Related Disposition Charges Involving Domestic Violence by Outcome, CY 2003-2012 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total Not Referred 0 1 0 0 1 0 1 0 0 1 4 Not Filed 4 4 3 9 13 15 13 12 20 15 108 Dismissed by the Court 5 19 5 16 7 9 18 23 10 28 140 Acquitted/Not Guilty 0 0 0 0 1 0 0 0 4 1 6 Plea to Other Charges 0 0 0 0 0 0 0 0 0 0 0 Conviction 2 6 5 3 3 3 4 10 8 8 52 11 30 13 28 25 27 36 45 42 53 310 Total Submitted to ACCH According to the sentencing information for all sexual assault-related convictions involving domestic violence in the ACCH, 88.5 percent of convictions led to a probation sentence over the ten-year period (Table 14). In CY 2012, 75.0 percent of convictions resulted in a probation sentence. From CY 2003 to CY 2012, one convicted offender was sentenced to jail in CY 2011 and 19 (36.5 percent) convictions led to prison sentences. Only two convictions for sexual assault flagged for domestic violence led to community service while restitution was not ordered at all over the ten-year period. The two convictions leading to a sentence of community service both occurred in CY 2005. Suspended sentencing was not a factor until CY 2005, and “other” sentencing conditions were used during the ten-year period for sexual assault-related convictions involving domestic violence. After CY 2004, the percentage of convictions resulting in suspended sentencing ranged from a low of 33.3 percent in CY 2007 to a high of 70.0 percent in CY 2010. Overall, 46.2 percent of The Reporting of Sexual Assault in Arizona, CY 2003-2012 17 Arizona Criminal Justice Commission sexual assault-related convictions flagged for domestic violence resulted in some form of suspended sentence. “Other” unspecified sentencing conditions ranged from a low of zero in CY 2009 to a high of 83.3 percent in CY 2004. During the entire period, 44.2 percent of convictions flagged for domestic violence resulted in “other” sentencing. Table 14. Percentage of Sexual Assault-Related Convictions Involving Domestic Violence by Sentence Type(s), CY 2003-2012 2003 Probation Jail 2004 100.0% 100.0% 2005 2006 80.0% 100.0% 2007 2008 2009 2010 2011 66.7% 66.7% 75.0% 100.0% 100.0% 2012 Total 75.0% 88.5% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 12.5% 0.0% 1.9% 50.0% 66.7% 20.0% 0.0% 66.7% 33.3% 50.0% 30.0% 12.5% 50.0% 36.5% Community Service 0.0% 0.0% 40.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 3.8% Restitution 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Suspended Sentence 0.0% 0.0% 40.0% 66.7% 33.3% 66.7% 50.0% 70.0% 62.5% 37.5% 46.2% 50.0% 83.3% 80.0% 33.3% 33.3% 33.3% 0.0% 50.0% 50.0% 12.5% 44.2% Prison Other Sentence Total Convictions 2 6 5 3 3 3 4 10 8 8 52 TRENDS IN THE SEXUAL ASSAULT-RELATED DATA, CY 2003-2012 In addition to providing annual data associated with each sexual assault-related arrest charge from CY 2003 to CY 2012, this report includes ten-year trend analysis of combined sexual assaultrelated arrests, charges, disposition findings (including convictions), and sentence types. All sexual assault-related data reported in the trend analysis incorporates arrests and dispositions in the ACCH for sexual assault, sexual assault involving a spouse, and violent sexual assault. A.R.S. 13-1406.01, which was the statute citation for sexual assault involving a spouse, was repealed in August 2005. Three arrest charges in CY 2007 (2) and CY 2008 (1) were recorded as A.R.S. 131406.01 offenses despite the statute repeal. These arrests and charges are included in the trend data that follows. Sexual Assault-Related Arrests, Charges, and Convictions The number of sexual assault-related arrest charges in the ACCH ranged from a low of 514 in CY 2008 to a high of 753 in CY 2009, before falling to 598 arrest charges in CY 2012 (Chart 1). Overall, the total number of arrest charges decreased by 6.0 percent. Similar to arrest charges, the total number of arrests involving at least one sexual assault-related charge decreased from CY 2003 to CY 2012. In CY 2003, there were 335 arrests involving at least one sexual assaultrelated charge, and in CY 2012 the number of arrests involving at least one sexual assault-related charge decreased by 8.4 percent to 307 arrests. The average number of sexual assault-related charges per arrest fluctuated, but remained stable overall, at 1.9 charges per arrest in CY 2003 and CY 2012. The Reporting of Sexual Assault in Arizona, CY 2003-2012 18 Arizona Criminal Justice Commission From CY 2003 to CY 2012, the number of convictions for sexual assault-related charges that were entered into the ACCH increased by 44.8 percent, from 87 convictions in CY 2003 to 126 convictions in CY 2012. Convictions reached a high of 219 in CY 2011. The total number of annual convictions represents convictions obtained during that calendar year resulting from any arrest dating back to CY 2001. Although one sexual assault conviction was later overturned in CY 2004 and two additional convictions were reversed and remanded in CY 2007 and CY 2011, these convictions are included in the annual totals. Chart 1. Sexual Assault-Related Data Reported to DPS CY 2003-2012 800 Total Reported 700 600 500 Arrests Arrest Charges 400 Convictions* 300 200 100 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Calendar Year * One CY 2004 conviction was overturned, and two convictions from CY 2007 and CY 2011 were reversed and remanded. Sexual Assault-Related Sentencing The latest ACCH data extract contains information about seven different types of sentences. For the trend analysis, only the five most frequently used sentence types (prison, jail, probation, suspended sentencing, and “other” sentencing) for sexual assault-related convictions are included in the analysis. Not included in this section are community service and restitution sentences for sexual assault-related convictions (data for all seven sentence types are available by offense type in Tables 9 and 11). Despite a lack of sentencing information being provided for the overturned conviction and the reversed and remanded convictions identified in Chart 1, the convictions are included in the calculations in Chart 2. Chart 2 shows the ten-year trends for each of the five most frequent sentences resulting from sexual assault-related convictions. The percentage of conviction charges assigned to prison sentences fluctuated, but increased, over the period from 46.0 percent in CY 2003 to 50.8 percent in CY 2012. The number of convicted offenders receiving jail sentences decreased over the tenyear period from 8.0 percent in CY 2003 to 2.4 percent in CY 2012. The sentencing outcome used most frequently was probation sentencing, ranging from 67.0 percent of convictions in CY 2009 to 88.3 percent of all convictions in CY 2007. Sentences were suspended for 47.1 percent of The Reporting of Sexual Assault in Arizona, CY 2003-2012 19 Arizona Criminal Justice Commission convictions in CY 2003 and decreased to 45.2 percent in CY 2012. “Other” unspecified sentences fell overall from 49.4 percent in CY 2003 to 15.1 percent in CY 2012. Chart 2. Percentage of Sexual Assault-Related Disposition Conviction Charges* by Sentence Types, CY 2003-2012 100.0% Percentage of Charges 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Calendar Year Prison Jail Probation Suspended Sentence Unspecified Sentence * Convictions overturned or reversed and remanded were included in the percentage calculations. Sexual Assault-Related Vs. Other Offense Arrest Charge Outcomes New to the report is the following comparison of sexual assault-related arrest charges to other offense arrest charges that are made available in the ACCH from CY 2003 to CY 2012. More specifically, Table 15 looks at the total and percentage breakdown of each category by the disposition outcome in the ACCH as of January 2014. According to Table 15, a total of 6,085 arrest charges for sexual assault-related offenses were entered into the ACCH. Arrest charges for offenses not sexual assault-related totaled 4,858,180 in the ACCH over the ten-year period. When analyzing the disposition outcomes for all of the arrest charges across the two charge types, the percentages by outcome do not vary dramatically from sexual assault-related charges and other arrest charges. Practically the same rate of sexual assault-related arrest charges (32.7 percent) are court dismissed as for other arrest charges (32.8 percent) according to ACCH data. Pleas to other charges are also occurring at roughly the same rate. Despite the lack of extreme variation, there are still some notable differences for certain outcomes between sexual assault-related arrest charges and other arrest charges. Sexual assault-related arrest charges are more likely to be referred by law enforcement but are slightly less likely to be filed by prosecutors when the case is referred (Table 15). A bigger percentage of sexual assaultrelated arrest charges (1.8 percent) are later acquitted or found not guilty than other arrest charges (0.3 percent). Convictions are less likely to result from sexual assault-related arrest charges (27.4 percent) than from other arrest charges (28.2 percent). The Reporting of Sexual Assault in Arizona, CY 2003-2012 20 Arizona Criminal Justice Commission When assessing the completeness of sexual assault-related arrest charges from other arrest charges in the ACCH, it is found that sexual assault-related arrest charges (21.3 percent) are less likely to be missing disposition information in the ACCH than other arrest charges (23.5 percent). Table 15. Sexual Assault-Related vs. Other Arrest Charges by Outcome, CY 2003-2012 Sexual Assault-Related Arrest Charges Not Referred Other Arrest Charges 56 (0.9%) 63,399 (1.3%) 949 (15.6%) 639,092 (13.2%) Deferred Prosecution 0 (0.0%) 17,501 (0.4%) Pending Due to Mental Incompetency 0 (0.0%) 16 (0.0%) 1,987 (32.7%) 1,595,191 (32.8%) 107 (1.8%) 14,175 (0.3%) 0 (0.0%) 6 (0.0%) 24 (0.4%) 14,301 (0.3%) Conviction* 1,666 (27.4%) 1,370,618 (28.2%) No Disposition Information 1,296 (21.3%) 1,143,881 (23.5%) 6,085 4,858,180 Not Filed Dismissed by the Court Acquitted/Not Guilty Not Responsible by Reason of Insanity Plea to Other Charges Total Submitted to ACCH * Includes convictions pardoned, vacated, or reversed in appellate court. DISCUSSION According to data in the ACCH, the number of sexual assault-related arrest charges has decreased by 6.0 percent from 636 charges in CY 2003 to 598 charges in CY 2012. The total number of arrest charges reached a high of 753 in CY 2009. Similarly, the number of arrests involving at least one sexual assault-related charge decreased from 335 in CY 2003 to 307 in CY 2012. As a result, the average number of sexual assault-related charges per arrest remained the same at the beginning and the end of the reporting period at 1.9 charges per arrest in CY 2003 and CY 2012. Also important to note, the total number of sexual assault-related arrest charges flagged for domestic violence increased over the ten-year period from 27 charges in CY 2003 to 77 in CY 2012, a 185.2 percent increase over the period. Of all sexual assault-related arrest charges reported over the ten-year period, 21.3 percent of the charges were missing subsequent case disposition information in the ACCH as of January 2014. When looking at those arrested for a sexual assault-related charge, the vast majority were white/Caucasian males. In CY 2012, 99.7 percent of arrestees were male and 72.2 percent were white/Caucasian. Just under 30.0 percent of arrestees in CY 2012 were 24 years of age or younger, 27.1 percent were between 25 and 34 years of age, and 23.0 percent were between 35 The Reporting of Sexual Assault in Arizona, CY 2003-2012 21 Arizona Criminal Justice Commission and 44 years of age. Additionally, 16.5 percent of arrestees in CY 2012 were between the ages of 45 and 59 while 3.8 percent were 60 years of age or older. From CY 2003 to CY 2012, sexual assault-related disposition charges were most likely to result in a court dismissal. Nonetheless, when considering each year individually convictions were more likely to occur in CY 2009 and CY 2011 while court dismissals were more likely to occur during the remaining eight years. In CY 2012, 36.6 percent of sexual assault-related disposition charges resulted in court dismissals and 34.9 percent resulted in a conviction (including 26 convictions affirmed in appellate court in CY 2012). Overall, convictions for sexual assault-related charges increased from 87 in CY 2003 to 126 in CY 2012, an increase of 44.8 percent. Information from the ACCH repository also included sentencing data associated with sexual assault-related convictions. From CY 2003 to CY 2012, prison sentences for sexual assault-related convictions fluctuated from a low of 42.3 percent in CY 2007 to a high of 58.7 percent in CY 2009. In CY 2012, the percentage of convictions leading to a prison sentence was 50.8 percent. The percentage of convictions leading to a jail sentence in CY 2003 was 8.0 percent but dropped to 2.4 percent in CY 2012. A probation sentence was assigned in at least two-thirds of convictions over the ten-year period, and in CY 2012, 73.8 percent of convictions resulted in a probation sentence. Additional sentencing information included community service, restitution, and “other” unspecified sentences. The use of community service decreased from 1.1 percent of convictions in CY 2003 to no convictions in CY 2012. Restitution was not ordered for any convictions until CY 2008, and in CY 2012 the percentage of convictions resulting in a restitution order was 3.2 percent. Finally, the “other” unspecified sentence category was recorded for 49.4 percent of convictions in CY 2003 but dropped to a ten-year low of 15.1 percent of convictions in CY 2012. The percentage of convictions for sexual assault-related offenses where sentences were suspended ranged from a low of 33.1 percent in CY 2004 to a high of 48.0 percent in CY 2006 and CY 2010. Data Availability Utilizing information from arrest and disposition reporting forms is a promising approach for understanding patterns of criminal offending and the overall performance of the criminal justice system. However, not all of the information necessary to meet the requirements of A.R.S. §412406 is currently captured by the ACCH repository. The repealing of A.R.S. §13-1406.01 continues to hamper ACJC’s ability to determine when a sexual assault involves a spouse, as required by A.R.S. §41-2406.C. Also mandated in A.R.S. §41-2406.C, identifying spousal sexual assault cases that are “estranged” is not information that is available on the arrest and disposition reporting forms. The only ACCH field that details the victim/offender relationship is the domestic violence indicator. According to A.R.S. §13-3601, domestic violence is not restricted to instances where the victim and offender are married and can include any of the following:  The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household;  The victim and the defendant have a child in common;  The victim or the defendant is pregnant by the other party; The Reporting of Sexual Assault in Arizona, CY 2003-2012 22 Arizona Criminal Justice Commission  The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, stepgrandchild, brother-in-law, or sister-in-law;  The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant; or  The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. [Factors for consideration are] the type of relationship, the length of the relationship, the frequency of the interaction between the victim and the defendant, and if the relationship has terminated, the length of time since the termination.6 Despite spousal relationship status not being available, sexual assault-related charges flagged for domestic violence were analyzed in separate sections of this report. The analysis is included to enhance the reader’s understanding of sexual assault within the context of domestic relationships. Further complicating ACJC’s ability to report all of the information required by A.R.S. §41-2406.C, specifically the information on false reporting of sexual assault involving a spouse, are the fingerprinting and arrest submission requirements for individuals arrested in Arizona, as identified in A.R.S. §41-1750. A first charge of false reporting of sexual assault involving a spouse (A.R.S. §13-2907.03) is a class one misdemeanor and is not an offense type that requires fingerprinting and submission of the arrest and subsequent case information to the ACCH repository. In CY 2010, one arrest charge was submitted using the A.R.S. §13-2907.03 criminal code and no subsequent disposition information was available in the January 2014 extract. Over the remaining ten-year period, no arrest charges were entered into the ACCH using the A.R.S. §13-2907.03 code. Data Quality Finally, the report reveals that there is a relatively large amount of missing case disposition information in the ACCH and the disposition information for sexual assault-related charges is not immune to the problem of missing disposition information. From CY 2003 to CY 2012, 21.3 percent of sexual assault-related arrest charges were missing disposition information in the ACCH, just below the 23.5 percent mark set for all other arrest charges available in the ACCH over the same period. Identifying and capturing the missing disposition information would not only improve the quality of ACCH data but also our understanding of sexual assault case processing within Arizona’s criminal justice system. 6 Arizona domestic violence criteria, as outlined in A.R.S. §13-3601.A. The Reporting of Sexual Assault in Arizona, CY 2003-2012 23 Arizona Criminal Justice Commission APPENDIX The Reporting of Sexual Assault in Arizona, CY 2003-2012 24 Arizona Criminal Justice Commission 13-1406. Sexual assault; classification; increased punishment A. A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. B. Sexual assault is a class 2 felony, and the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. If the victim is under fifteen years of age, sexual assault is punishable pursuant to section 13-705. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13701, subsections C, D and E. If the sexual assault involved the intentional or knowing administration of flunitrazepam, gamma hydroxy butyrate or ketamine hydrochloride without the victim's knowledge, the presumptive, minimum and maximum sentence for the offense shall be increased by three years. The additional sentence imposed pursuant to this subsection is in addition to any enhanced sentence that may be applicable. The term for a first offense is as follows: Minimum 5.25 years Presumptive 7 years Maximum 14 years The term for a defendant who has one historical prior felony conviction is as follows: Minimum 7 years Presumptive 10.5 years Maximum 21 years The term for a defendant who has two or more historical prior felony convictions is as follows: Minimum Presumptive Maximum 14 years 15.75 years 28 years C. The sentence imposed on a person for a sexual assault shall be consecutive to any other sexual assault sentence imposed on the person at any time. D. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, if the sexual assault involved the intentional or knowing infliction of serious physical injury, the person may be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until at least twenty-five years have been served or the sentence is commuted. If the person was at least eighteen years of age and the victim was twelve years of age or younger, the person shall be sentenced pursuant to section 13-705. 13-1423. Violent sexual assault; natural life sentence A. A person is guilty of violent sexual assault if in the course of committing an offense under section 13-1404, 13-1405, 13-1406 or 13-1410 the offense involved the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or involved the intentional or knowing infliction of serious physical injury and the person has a historical prior felony conviction for a sexual offense under this chapter or any offense committed outside this state that if committed in this state would constitute a sexual offense under this chapter. The Reporting of Sexual Assault in Arizona, CY 2003-2012 25 Arizona Criminal Justice Commission B. Notwithstanding section 13-703, section 13-704, section 13-705, section 13-706, subsection A and section 13-708, subsection D, a person who is guilty of a violent sexual assault shall be sentenced to life imprisonment and the court shall order that the person not be released on any basis for the remainder of the person's natural life. 13-2907.03. False reporting of sexual assault involving a spouse; classification A person who intentionally makes a false report of sexual assault involving a spouse knowing the report is false or a person who coerces another person to make a false report of sexual assault involving a spouse knowing the report is false is guilty of a class 1 misdemeanor. 13-3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure A. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies: 1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. 2. The victim and the defendant have a child in common. 3. The victim or the defendant is pregnant by the other party. 4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parentin-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law. 5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant. 6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship: (a) The type of relationship. (b) The length of the relationship. (c) The frequency of the interaction between the victim and the defendant. (d) If the relationship has terminated, the length of time since the termination. The Reporting of Sexual Assault in Arizona, CY 2003-2012 26 Arizona Criminal Justice Commission B. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection. C. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence. D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm. E. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody. F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner's or possessor's request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor. The Reporting of Sexual Assault in Arizona, CY 2003-2012 27 Arizona Criminal Justice Commission G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section. H. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection. I. A person who is arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. J. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including: 1. An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12-1809. 2. The emergency telephone number for the local police agency. 3. Telephone numbers for emergency services in the local community. 4. Websites for local resources related to domestic violence. K. A peace officer is not civilly liable for noncompliance with subsection J of this section. L. If a person is convicted of an offense involving domestic violence and the victim was pregnant at the time of the commission of the offense, at the time of sentencing the court shall take into consideration the fact that the victim was pregnant and may increase the sentence. M. An offense that is included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum sentence otherwise authorized for that violation shall be increased by up to two years. N. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall determine if a minor is present. If a minor is present, the peace officer shall conduct a child welfare check to determine if the child is safe and if the child might be a victim of domestic violence or child abuse. 41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions A. The department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. The department shall: The Reporting of Sexual Assault in Arizona, CY 2003-2012 28 Arizona Criminal Justice Commission 1. Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for a felony offense or an offense involving domestic violence as defined in section 13-3601 or a violation of title 13, chapter 14 or title 28, chapter 4. 2. Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program. 3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability. 4. Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law. 5. Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government. 6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints. 7. Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system. 8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section. 9. Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information. 10. Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system. 11. Operate and maintain the Arizona automated fingerprint identification system established by section 41-2411. 12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards. The Reporting of Sexual Assault in Arizona, CY 2003-2012 29 Arizona Criminal Justice Commission B. The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice. C. The chief officers of criminal justice agencies of this state or its political subdivisions shall provide to the central state repository fingerprints and information concerning personal identification data, descriptions, crimes for which persons are arrested, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for felony offenses or offenses involving domestic violence as defined in section 13-3601 or violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state. D. The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the department such information as necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program. E. The chief officers of criminal justice agencies of this state or its political subdivisions shall comply with the training and proficiency testing guidelines as required by the department to comply with the federal national crime information center mandates. F. The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the department information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender or disability. G. The director shall authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows: 1. With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, on request by the chief officers of such agencies or their designated representatives, specifically for the purposes of the administration of criminal justice and for evaluating the fitness of current and prospective criminal justice employees. 2. With any noncriminal justice agency pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of the subject's fingerprints and the prescribed fee. Each statute, ordinance, or executive order that authorizes noncriminal justice agencies to receive criminal history record information for these purposes shall identify the specific categories of licensees, employees, contract employees or volunteers, and shall require that fingerprints of the specified individuals be submitted in conjunction with such requests for criminal history record information. 3. With the board of fingerprinting for the purpose of conducting good cause exceptions pursuant to section 41-619.55 and central registry exceptions pursuant to section 41619.57. 4. With any individual for any lawful purpose on submission of the subject of record's fingerprints and the prescribed fee. The Reporting of Sexual Assault in Arizona, CY 2003-2012 30 Arizona Criminal Justice Commission 5. With the governor, if the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to ensure that the laws are faithfully executed or as needed to carry out the other responsibilities of the governor's office. 6. With regional computer centers that maintain authorized computer-to-computer interfaces with the department, that are criminal justice agencies or under the management control of a criminal justice agency and that are established by a statute, ordinance or executive order to provide automated data processing services to criminal justice agencies specifically for the purposes of the administration of criminal justice or evaluating the fitness of regional computer center employees who have access to the Arizona criminal justice information system and the national crime information center system. 7. With an individual who asserts a belief that criminal history record information relating to the individual is maintained by an agency or in an information system in this state that is subject to this section. On submission of fingerprints, the individual may review this information for the purpose of determining its accuracy and completeness by making application to the agency operating the system. Rules adopted under this section shall include provisions for administrative review and necessary correction of any inaccurate or incomplete information. The review and challenge process authorized by this paragraph is limited to criminal history record information. 8. With individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement if the agreement specifically authorizes access to data, limits the use of data to purposes for which given and ensures the security and confidentiality of the data consistent with this section. 9. With individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to an agreement with a criminal justice agency if the agreement specifically authorizes access to data, limits the use of data to research, evaluative or statistical purposes and ensures the confidentiality and security of the data consistent with this section. 10. With the auditor general for audit purposes. 11. With central state repositories of other states for noncriminal justice purposes for dissemination in accordance with the laws of those states. 12. On submission of the fingerprint card, with the department of economic security to provide criminal history record information on prospective adoptive parents for the purpose of conducting the preadoption certification investigation under title 8, chapter 1, article 1 if the department of economic security is conducting the investigation, or with an agency or a person appointed by the court, if the agency or person is conducting the investigation. Information received under this paragraph shall only be used for the purposes of the preadoption certification investigation. 13. With the department of economic security and the superior court for the purpose of evaluating the fitness of custodians or prospective custodians of juveniles, including parents, relatives and prospective guardians. Information received under this paragraph The Reporting of Sexual Assault in Arizona, CY 2003-2012 31 Arizona Criminal Justice Commission shall only be used for the purposes of that evaluation. The information shall be provided on submission of either: (a) The fingerprint card. (b) The name, date of birth and social security number of the person. 14. On submission of a fingerprint card, provide criminal history record information to the superior court for the purpose of evaluating the fitness of investigators appointed under section 14-5303 or 14-5407, guardians appointed under section 14-5206 or 14-5304, or conservators appointed under section 14-5401. 15. With the supreme court to provide criminal history record information on prospective fiduciaries pursuant to section 14-5651. 16. With the department of juvenile corrections to provide criminal history record information pursuant to section 41-2814. 17. On submission of the fingerprint card, provide criminal history record information to the Arizona peace officer standards and training board or a board certified law enforcement academy to evaluate the fitness of prospective cadets. 18. With the internet sex offender web site database established pursuant to section 133827. 19. With licensees of the United States nuclear regulatory commission for the purpose of determining whether an individual should be granted unescorted access to the protected area of a commercial nuclear generating station on submission of the subject of record's fingerprints and the prescribed fee. 20. With the state board of education for the purpose of evaluating the fitness of a certificated teacher or administrator or an applicant for a teaching or an administrative certificate provided that the state board of education or its employees or agents have reasonable suspicion that the certificated person engaged in conduct that would be a criminal violation of the laws of this state or was involved in immoral or unprofessional conduct or that the applicant engaged in conduct that would warrant disciplinary action if the applicant were certificated at the time of the alleged conduct. The information shall be provided on the submission of either: (a) The fingerprint card. (b) The name, date of birth and social security number of the person. 21. With each school district and charter school in this state. The state board of education and the state board for charter schools shall provide the department of public safety with a current list of e-mail addresses for each school district and charter school in this state and shall periodically provide the department of public safety with updated e-mail addresses. If the department of public safety is notified that a person who is required to have a fingerprint clearance card to be employed by or to engage in volunteer activities at a school district or charter school has been arrested for or convicted of an offense listed in section 41-1758.03, subsection B or has been arrested for or convicted of an offense that amounts to unprofessional conduct under section 15-550, the department of public The Reporting of Sexual Assault in Arizona, CY 2003-2012 32 Arizona Criminal Justice Commission safety shall notify each school district and charter school in this state that the person's fingerprint clearance card has been suspended or revoked. 22. With the child protective services division of the department of economic security as provided by law, which currently is the Adam Walsh child protection and safety act of 2006 (42 United States Code section 16961), for the purposes of investigating or responding to reports of child abuse, neglect or exploitation. Information received pursuant to this paragraph from the national crime information center, the interstate identification index and the Arizona criminal justice information system network shall only be used for the purposes of investigating or responding as prescribed in this paragraph. The information shall be provided on submission to the department of public safety of either: (a) The fingerprints of the person being investigated. (b) The name, date of birth and social security number of the person. 23. With a nonprofit organization that interacts with children or vulnerable adults for the lawful purpose of evaluating the fitness of all current and prospective employees, contractors and volunteers of the organization. The criminal history record information shall be provided on submission of the applicant fingerprint card and the prescribed fee. H. The director shall adopt rules necessary to execute this section. I. The director, in the manner prescribed by law, shall remove and destroy records that the director determines are no longer of value in the detection or prevention of crime. J. The director shall establish a fee in an amount necessary to cover the cost of federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes. An additional fee may be charged by the department for state noncriminal justice fingerprint processing. Fees submitted to the department for state noncriminal justice fingerprint processing are not refundable. K. The director shall establish a fee in an amount necessary to cover the cost of processing copies of department reports, eight by ten inch black and white photographs or eight by ten inch color photographs of traffic accident scenes. L. Except as provided in subsection O of this section, each agency authorized by this section may charge a fee, in addition to any other fees prescribed by law, in an amount necessary to cover the cost of state and federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes. M. A fingerprint account within the records processing fund is established for the purpose of separately accounting for the collection and payment of fees for noncriminal justice fingerprint processing by the department. Monies collected for this purpose shall be credited to the account, and payments by the department to the United States for federal noncriminal justice fingerprint processing shall be charged against the account. Monies in the account not required for payment to the United States shall be used by the department in support of the department's noncriminal justice fingerprint processing duties. At the end of each fiscal year, any balance in the account The Reporting of Sexual Assault in Arizona, CY 2003-2012 33 Arizona Criminal Justice Commission not required for payment to the United States or to support the department's noncriminal justice fingerprint processing duties reverts to the state general fund. N. A records processing fund is established for the purpose of separately accounting for the collection and payment of fees for department reports and photographs of traffic accident scenes processed by the department. Monies collected for this purpose shall be credited to the fund and shall be used by the department in support of functions related to providing copies of department reports and photographs. At the end of each fiscal year, any balance in the fund not required for support of the functions related to providing copies of department reports and photographs reverts to the state general fund. O. The department of economic security may pay from appropriated monies the cost of federal fingerprint processing or federal criminal history record information checks that are authorized by law for employees and volunteers of the department, guardians pursuant to section 46-134, subsection A, paragraph 15, the licensing of foster parents or the certification of adoptive parents. P. The director shall adopt rules that provide for: 1. The collection and disposition of fees pursuant to this section. 2. The refusal of service to those agencies that are delinquent in paying these fees. Q. The director shall ensure that the following limitations are observed regarding dissemination of criminal justice information obtained from the central state repository or through the Arizona criminal justice information system: 1. Any criminal justice agency that obtains criminal justice information from the central state repository or through the Arizona criminal justice information system assumes responsibility for the security of the information and shall not secondarily disseminate this information to any individual or agency not authorized to receive this information directly from the central state repository or originating agency. 2. Dissemination to an authorized agency or individual may be accomplished by a criminal justice agency only if the dissemination is for criminal justice purposes in connection with the prescribed duties of the agency and not in violation of this section. 3. Criminal history record information disseminated to noncriminal justice agencies or to individuals shall be used only for the purposes for which it was given. Secondary dissemination is prohibited unless otherwise authorized by law. 4. The existence or nonexistence of criminal history record information shall not be confirmed to any individual or agency not authorized to receive the information itself. 5. Criminal history record information to be released for noncriminal justice purposes to agencies of other states shall only be released to the central state repositories of those states for dissemination in accordance with the laws of those states. 6. Criminal history record information shall be released to noncriminal justice agencies of the federal government pursuant to the terms of the federal security clearance information act (P.L. 99-169). R. This section and the rules adopted under this section apply to all agencies and individuals collecting, storing or disseminating criminal justice information processed by manual or The Reporting of Sexual Assault in Arizona, CY 2003-2012 34 Arizona Criminal Justice Commission automated operations if the collection, storage or dissemination is funded in whole or in part with monies made available by the law enforcement assistance administration after July 1, 1973, pursuant to title I of the crime control act of 1973, and to all agencies that interact with or receive criminal justice information from or through the central state repository and through the Arizona criminal justice information system. S. This section does not apply to criminal history record information contained in: 1. Posters, arrest warrants, announcements or lists for identifying or apprehending fugitives or wanted persons. 2. Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public if these records are organized on a chronological basis. 3. Transcripts or records of judicial proceedings if released by a court or legislative or administrative proceedings. 4. Announcements of executive clemency or pardon. 5. Computer databases, other than the Arizona criminal justice information system, that are specifically designed for community notification of an offender's presence in the community pursuant to section 13-3825 or for public informational purposes authorized by section 13-3827. T. Nothing in this section prevents a criminal justice agency from disclosing to the public criminal history record information that is reasonably contemporaneous to the event for which an individual is currently within the criminal justice system, including information noted on traffic accident reports concerning citations, blood alcohol tests or arrests made in connection with the traffic accident being investigated. U. In order to ensure that complete and accurate criminal history record information is maintained and disseminated by the central state repository: 1. The arresting authority shall take legible ten-print fingerprints of all persons who are arrested for offenses listed in subsection C of this section including persons who are arrested and released pursuant to section 13-3903, subsection C. The arresting authority may transfer an arrestee to a booking agency for ten-print fingerprinting. The arresting authority or booking agency shall obtain a process control number and provide to the person fingerprinted a document that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court. 2. The mandatory fingerprint compliance form shall contain the following information: (a) Whether ten-print fingerprints have been obtained from the person. (b) Whether a process control number was obtained. (c) The offense or offenses for which the process control number was obtained. (d) Any report number of the arresting authority. (e) Instructions on reporting for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting. The Reporting of Sexual Assault in Arizona, CY 2003-2012 35 Arizona Criminal Justice Commission (f) Instructions that direct the person to provide the form to the court at the person's next court appearance. 3. Within ten days after a person is fingerprinted, the arresting authority or agency that took the fingerprints shall forward the fingerprints to the department in the manner or form required by the department. 4. On the issuance of a summons for a defendant who is charged with an offense listed in subsection C of this section, the summons shall direct the defendant to provide tenprint fingerprints to the appropriate law enforcement agency. 5. At the initial appearance or on the arraignment of a summoned defendant who is charged with an offense listed in subsection C of this section, if the person does not present a completed mandatory fingerprint compliance form to the court or if the court has not received the process control number, the court shall order that within twenty calendar days the defendant be ten-print fingerprinted at a designated time and place by the appropriate law enforcement agency. 6. If the defendant fails to present a completed mandatory fingerprint compliance form or if the court has not received the process control number, the court, on its own motion, may remand the defendant into custody for ten-print fingerprinting. If otherwise eligible for release, the defendant shall be released from custody after being ten-print fingerprinted. 7. In every criminal case in which the defendant is incarcerated or fingerprinted as a result of the charge, an originating law enforcement agency or prosecutor, within forty days of the disposition, shall advise the central state repository of all dispositions concerning the termination of criminal proceedings against an individual arrested for an offense specified in subsection C of this section. This information shall be submitted on a form or in a manner required by the department. 8. Dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who is arrested for an offense specified in subsection C of this section or section 8-341, subsection V shall be reported to the central state repository within forty days of the date of the disposition. This information shall be submitted on a form or in a manner specified by rules approved by the supreme court. 9. The state department of corrections or the department of juvenile corrections, within forty days, shall advise the central state repository that it has assumed supervision of a person convicted of an offense specified in subsection C of this section or section 8-341, subsection V, paragraph 3. The state department of corrections or the department of juvenile corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions. This information shall be submitted on a form or in a manner required by the department of public safety. 10. Each criminal justice agency shall query the central state repository before dissemination of any criminal history record information to ensure the completeness of the information. Inquiries shall be made before any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry shall still be made and the response shall be provided as soon as possible. The Reporting of Sexual Assault in Arizona, CY 2003-2012 36 Arizona Criminal Justice Commission V. The director shall adopt rules specifying that any agency that collects, stores or disseminates criminal justice information that is subject to this section shall establish effective security measures to protect the information from unauthorized access, disclosure, modification or dissemination. The rules shall include reasonable safeguards to protect the affected information systems from fire, flood, wind, theft, sabotage or other natural or man-made hazards or disasters. W. The department shall make available to agencies that contribute to, or receive criminal justice information from, the central state repository or through the Arizona criminal justice information system a continuing training program in the proper methods for collecting, storing and disseminating information in compliance with this section. X. Nothing in this section creates a cause of action or a right to bring an action including an action based on discrimination due to sexual orientation. Y. For the purposes of this section: 1. "Administration of criminal justice" means performance of the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of criminal offenders. Administration of criminal justice includes enforcement of criminal traffic offenses and civil traffic violations, including parking violations, when performed by a criminal justice agency. Administration of criminal justice also includes criminal identification activities and the collection, storage and dissemination of criminal history record information. 2. "Administrative records" means records that contain adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and that are designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities. 3. "Arizona criminal justice information system" or "system" means the statewide information system managed by the director for the collection, processing, preservation, dissemination and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information. 4. "Central state repository" means the central location within the department for the collection, storage and dissemination of Arizona criminal history records and related criminal justice information. 5. "Criminal history record information" and "criminal history record" means information that is collected by criminal justice agencies on individuals and that consists of identifiable descriptions and notations of arrests, detentions, indictments and other formal criminal charges, and any disposition arising from those actions, sentencing, formal correctional supervisory action and release. Criminal history record information and criminal history record do not include identification information to the extent that the information does not indicate involvement of the individual in the criminal justice system or information relating to juveniles unless they have been adjudicated as adults. 6. "Criminal justice agency" means either: (a) A court at any governmental level with criminal or equivalent jurisdiction, including courts of any foreign sovereignty duly recognized by the federal government. The Reporting of Sexual Assault in Arizona, CY 2003-2012 37 Arizona Criminal Justice Commission (b) A government agency or subunit of a government agency that is specifically authorized to perform as its principal function the administration of criminal justice pursuant to a statute, ordinance or executive order and that allocates more than fifty per cent of its annual budget to the administration of criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the federal government. 7. "Criminal justice information" means information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports, wanted persons information and system network log searches. Criminal justice information does not include the administrative records of a criminal justice agency. 8. "Disposition" means information disclosing that a decision has been made not to bring criminal charges or that criminal proceedings have been concluded or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of an appellate review of criminal proceedings or executive clemency. 9. "Dissemination" means the written, oral or electronic communication or transfer of criminal justice information to individuals and agencies other than the criminal justice agency that maintains the information. Dissemination includes the act of confirming the existence or nonexistence of criminal justice information. 10. "Management control": (a) Means the authority to set and enforce: (i) Priorities regarding development and operation of criminal justice information systems and programs. (ii) Standards for the selection, supervision and termination of personnel involved in the development of criminal justice information systems and programs and in the collection, maintenance, analysis and dissemination of criminal justice information. (iii) Policies governing the operation of computers, circuits and telecommunications terminals used to process criminal justice information to the extent that the equipment is used to process, store or transmit criminal justice information. (b) Includes the supervision of equipment, systems design, programming and operating procedures necessary for the development and implementation of automated criminal justice information systems. 11. "Process control number" means the Arizona automated fingerprint identification system number that attaches to each arrest event at the time of fingerprinting and that is assigned to the arrest fingerprint card, disposition form and other pertinent documents. 12. "Secondary dissemination" means the dissemination of criminal justice information from an individual or agency that originally obtained the information from the central state The Reporting of Sexual Assault in Arizona, CY 2003-2012 38 Arizona Criminal Justice Commission repository or through the Arizona criminal justice information system to another individual or agency. 13. "Sexual orientation" means consensual homosexuality or heterosexuality. 14. "Subject of record" means the person who is the primary subject of a criminal justice record. 41-2406. Sexual assault records; reports A. The department of public safety shall provide a copy of each applicable disposition reporting form relating to sexual assaults pursuant to section 13-1406 and false reporting of sexual assault pursuant to section 13-2907.03 to the Arizona criminal justice commission. B. The Arizona criminal justice commission shall maintain the following records regarding sexual assaults pursuant to section 13-1406 and false reporting of sexual assault pursuant to section 132907.03 that are submitted to the commission by the department of public safety: 1. The number of police reports that are filed. 2. The number of charges that are filed and what charges are filed. 3. The number of convictions that are obtained. 4. The sentences that are imposed for each conviction. C. For the purposes of subsection A of this section, the records shall identify the total number of police reports, charges, convictions and sentences for all sexual assaults and the number of police reports, charges, convictions and sentences for those sexual assaults that involved a spouse. For those sexual assaults that involved a spouse, the report shall identify whether the victim and the victim's spouse were estranged. The records shall also identify the total number of police reports, charges, convictions and sentences for all false reports that relate to sexual assault of a spouse pursuant to section 13-2907.03. D. The commission shall annually submit the report required by subsection B of this section to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records. The commission may submit this report electronically. The Reporting of Sexual Assault in Arizona, CY 2003-2012 39