How do we enter a Stipulation on Continuance or Pre-Trial Diversion in JIS so it is not reported to WSP as a conviction?
The Washington State Patrol (WSP) Criminal History Division was having difficulty distinguishing between Stipulation on Continuance or Pre-Trial Diversion agreements, where there should be no conviction recorded, and Deferred Sentence cases that should be listed as a conviction. This problem was occurring due to the courts' use of the Other Deferral (OD) Finding/Judgment code on both types of cases.
The use of the OD code for both conviction and non-conviction data in JIS caused non-conviction data to be added as convictions on the defendants' WSP Criminal History Records in error, which resulted in undo prejudice to defendants. The solution to help prevent non-conviction data from being documented as convictions was to change the way that the Data Exchange Program sends data to WSP.
Effective September 4, 2012:
- Other Deferral (OD) Finding/Judgment Code and Finding Date when the Plea field contains a Guilty (G) Plea Code WILL BE SENT TO WSP.
- Other Deferral (OD) Finding/Judgment Code with a Plea field that contains a Not Guilty (NG) entry or is Blank will NOT be sent to WSP.
When entering a Stipulation on Continuance or a Pre-Trial Diversion, be sure to either enter a Not Guilty (NG) plea on the Plea/Sentence (PLS) screen or leave the Plea field blank. Use the Case Condition Code fields to track requirements of the agreement. Do NOT use the Sentence fields as those fields are only for cases where a sentence is imposed.
NOTE: It is recommended that Deferred Sentences on Criminal Traffic (CT) cases use the Awaiting Sentence (AS) Finding/Judgment code, instead of the Other Deferral (OD) code. This process is recommended because the OD code is not sent to the Department of Licensing (DOL), but the AS code is. RCW 46.20.270 requires courts to immediately notify DOL of that finding:
â¦(1) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
â¦(3) For the purposes of this title and except as defined in RCW 46.25.010, "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine or court cost, a plea of guilty or nolo contendere, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW
Effective January 20, 2014, Awaiting Sentencing (AS) Finding/Judgement Code and Finding Date will also be sent to WSP when the Plea field contains a Guilty (G) Plea Code.
RN id: 2281