Report on good cause exception application caseload and approvals

              Charles Easaw
, Chair
Kim Pipersburgh
Vice Chair
Janet Napolitano
Governor
Dennis Seavers
Executive Director
ARIZONA BOARD OF FINGERPRINTING
Mail Code 185 • Post Office Box 6129 • Phoenix, Arizona 85005- 6129 • Telephone ( 602) 265- 0135 • Fax ( 602) 265- 6240
www. azbof. gov   info@ azbof. gov
November 24, 2008
The Honorable Janet Napolitano
Governor
Office of the Governor
Executive Tower, Eighth Floor
1700 West Washington
Phoenix, AZ 85007
The Honorable James P. Weiers
Speaker ofthe House
Arizona House of Representatives
1700 West Washington, Room 221
Phoenix, AZ 85007
The Honorable Tim Bee
President of the Senate
Arizona Senate
1700 West Washington, Room 204
Phoenix, AZ 85007
Dear Governor Napolitano, Speaker Weiers, and President Bee:
RECEIVED
.. : 1.;
OFFICE Of 1HI:. pl( t~ IDENT
Enclosed is a report from the Arizona Board of Fingerprinting (" Board"), issued under A. R. S. Â 
41- 619.54( D), as amended by Arizona Session Laws 2005 ( First Regular Session), Chapter 246, Â  5.
This report summarizes the caseload and number of approvals for good cause exceptions that the Board
issued from October 1,2007, to September 30, 2008.
I respectfully request that you read the methodology described in Section One. These comments
identify important statistical issues and assumptions that should be taken into consideration when
interpreting the data and that affected the content of this report.
Please note that the contents of this report are public record, so you are welcome to share it.
However, the raw data used to generate the report are confidential and exempt from A. R. S. Title 39,
Chapter 1 ( Â  39- 101 et seq., pertaining to public records).
I will make myself available to answer any questions, comments, or concerns that you may have
regarding this report or the Board's activities. You may contact me at ( 602) 265- 3747 or
dennis. seavers@ azbof. gov.
Sincerely,
Dennis Seavers
Executive Director
Enclosure: 2008 Report on Good Cause Exception Application Caseload and Approvals
Arizona Board of Fingerprinting
2008 Report on Good Cause Exception Application Caseload
and Approvals
SECTION ONE - INTRODUCTION AND METHODOLOGY
Arizona Session Laws 2005 ( First Regular Session), Chapter 246, Section 5, established a
reporting requirement for the Arizona Board of Fingerprinting (" Board"). Each year, on
or before December 1, the Board is required to report the number of good cause
exception applications received and granted between October 1 and September 30. The
report must break these data down according to the programs listed in A. R. S. Â  41Â 619.51(
6). Each program listing must also include a list of the offenses in A. R. S. Â  41Â 1758.03(
B) and ( C) for which an applicant submitted a good cause exception application
and the Board granted a good cause exception.
The report that follows complies with the legislative requirements. However, the reader
is strongly encouraged to read the methodology section below. Without reading this
section, the reader might draw conclusions that are not warranted by the data.
Methodology
This report draws on two data sets: ( 1) good cause exception applications received
between October 1,2007, and September 30,2008; and ( 2) good cause exceptions
resolved between October 1,2007, and September 30,2008. These two sets of data are
not coextensive, although there may be some overlap among the cases. Some of the
applications received in the relevant time period may not have been concluded by
September 30,2008, and some of the applications concluded in the time period may have
been received prior to October 1, 2007.
There are 22 statutory programs for which individuals need fingerprint clearance cards,
as described in Table 1 on the next page.
Arizona Board of Fingerprinting
Statutory Report
Page 1 of8
Table 1
Stat! l! otY P! oIram! Grouped by Types of Work
Program Group Statutory Program Agency *
Child day care or child nutrition 41- 1964,46- 141 Econ. Sec.
46- 321 Education
36- 897.01, - 897.03 Health Svcs.
36- 882, - 883.02 Health Svcs.
Child care home provider 41- 1967.01 Econ. Sec.
Child welfare and adolescent behavior health treatment 8- 322 Supr. Crt.
46- 141 Econ. Sec.
36- 425.03 Health SVC5.
41- 2814 Juv. Corr.
Child Protective Services emplovment 8- 802 Econ. Sec.
Individuals with developmental disabilities 36- 594.01 Econ. Sec.
Domestic violence and homeless shelters 36- 3008,46- 141 Econ. Sec.
Residential or nursing care institutions and home health agencies
36- 411 Health SVC5.
Teacher certification 15- 534 Education
Charter school employment 15- 183 Education
JOBS/ JTPA 46- 141 Econ. Sec.
Exceptional Student Services 15- 763.01 Econ. Sec.
* The state agency fisted is the agency that provides funding or regufates the program. The Department of
Education, as referred to here, includes the State Board of Education and the Board of Charter Schools.
When a person applies for a fingerprint clearance card, he or she normally applies under
one or more of the programs listed in A. R. S. Â  41- 1758( 5). 1 Since the person can apply
for a fingerprint clearance card ( and later, a good cause exception) under more than one
program, separate listings under two programs may actually pertain to the same
application. For example, John Smith might apply for a fingerprint clearance card under
the programs for teacher certification and charter school employment. A. R. S. Â  41Â 619.54(
D) (" the reporting statute") requires the Board to list applications received and
granted, broken down by the programs under which individuals applied for a good cause
exception. In the case of John Smith's fingerprint- clearance- card application, this report
would list him once under the program for teacher certification and once under the
program for charter school employment. Readers should be aware that aggregating the
totals under each program will not yield the total number of applications received. In the
example of John Smith, aggregating the totals under each program would make it appear
as though John Smith had two applications- one for teacher certification and one for
charter school employment.
I This list of programs is identical to the list in A. R. S. Â  41- 619.51( 6) and is represented in Table 1.
Arizona Board of Fingerprinting
Statutory Report
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Tabf82
lIIustration   of Applicants SelectIng Multiple Programs for One Application
Applicant Day Care Teacher Certification Charter School Employment Total
John Smith X X 2
Jane Roberts X X 2
Jack Walters X X 2
Total 2 3 1 6
Table 2 above illustrates how a single application may appear under multiple programs.
If the reader were to add up the total number of applications under each program, he or
she would get a sum that is higher than the actual number of applications. In Table 2,
adding up the total number of applications under each program would give a sum of six
applications, when in fact there are only three applications. Readers should be cautious
not to treat the totals under each program as totals of discrete applications.
The reporting statute requires the Board to provide data on the offenses for which there
were good- cause- exception applications submitted and received. The term " offense," in
the context of criminal law, entails a conviction. However, the denial or suspension of a
fingerprint clearance card may be based on an arrest, which ultimately may not yield a
conviction? When the denial or suspension of a fingerprint clearance card is based on an
arrest, the final disposition of the arrest may not be known. In many cases, documentary
evidence is not available because ofthe length of time that has elapsed since the arrest
took place, coupled with courts' limited schedule for retaining records. Law- enforcement
agencies and courts do not always report data to the Department of Public Safety as
required, so disposition information may not be available. Also, ~ pplicants themselves
may not remember the disposition ofthe arrest, particularly when they have extensive
criminal records, arrests that took place many years ago, or backgrounds of substance
abuse. For the purpose ofthis report, when the disposition of an arrest is not known, the
arres~ is excluded from the data because it is not clear whether an offense occurred. The
alternative would have been to include charges where an offense did not occur.
The reporting statute requires the Board to report on the offenses listed in A. R. S. Â  41Â 1758.03(
B) and ( C). However, individuals who commit offenses listed in subsection B
are necessarily prevented from receiving a good cause exception. Therefore, there are no
data to report on offenses listed in subsection B.
2 See A. R. S. Â  4l- 1758.03( L) (" The division [ i. e., the fmgerprinting division of the Department of Public
Safety] shall not issue a fingerprint clearance card to a person if the division cannot determine, within thirty
business days after receipt of the person's state and federal criminal history record information, whether the
person is awaiting trial on ot has been convicted of committing any ofthe offenses listed in subsection B or
C of this section. If the division is unable to make the determination required by this section and does not
issue a fingerprint clearance card to a petson, the person may request a good cause exception pursuant to
section 41- 619.55") and A. R. S. Â  4l- 1758.04( C) (" The division shall suspend the fingerprint clearance
card of a person who is arrested for an offense listed in section 41- 1758.03, subsection B or C").
Arizona Board of Fingerprinting
Statutory Report
Page 3 of8
SECTION TWO- DATA
1. The reporting statute requires the Board to indicate the number of good cause
exception applications it received. The Board received 1,791 applications.
2. The reporting statute requires the Board to indicate that number of good cause
exceptions granted. Table 3 below shows the disposition of applications closed.
Table 3
DIsposition of ApplJcations CIo8ed
Disposition Number of Applications
Denial 108
Approval 1,375
DPS issuance * 44
Ineligible 1
Applicant withdrew 396
Total 1,924
* In some cases, based on information it received subsequent to the denial or
suspension of a fingerprint clearance card, DPS is able to issue the card without the
applicant having to receive a good cause exception.
3. The reporting statute requires the Board to provide the number of applications
received, broken down by the programs listed in A. R. S. Â  41- 619.51( 6). Table 4 on the
next page shows the number of applications, broken down by groups of programs.
Arizona Board of Fingerprinting
Statutory Report
Page 4 of8
Table 4
HumberOfAppIIc! tIonlJ ReceIved by P!' oQ!!!! G!!? Up
Program Group Statutory Program No. Apps. Rec'd
Child day care or child nutrition 41- 1964,46- 141 65
46- 321 69
36- 897.01, - 897.03 160
36- 882, - 883.02 160
Child care home provider 41- 1967.01 47
Child welfare and adolescent behavior health treatment 8- 322 240
46- 141 210
36- 425.03 195
41- 2814 195
Child Protective Services emDlovment 8- 802 23
Individuals with developmental disabilities 36- 594.01 272
Domestic violence and homeless shelters 36- 3008,46- 141 45
Residential or nursing care institutions and home health 539
aaencies 36- 411
Teacher certification 15- 534 253
Charter school emDlovment 15- 183 81
JOBS/ JTPA 46- 141 22
Exceptional Student Services 15- 763.01 21
* The state agency listed is the agency that provides funding or regulates the program. The Department of
Education, as referred to here, includes the State Board of Education and the Board of Charter Schools.
4. The reporting statute requires the Board to provide the number of applications
granted, broken down by the programs listed in A. R. S. Â  41- 619.51( 6). Table 5 on the
next two pages indicates the disposition of applications closed.
Arizona Board of Fingerprinting
Statutory Report
Page 5 of8
TibiaS
P! epoeItIon! of AppItcatfon8 by Program Gf'O! IP
Program Group Statutory Program Disposition No. Apps
Child day care or child nutrition 41- 1964, 46- 141 Denial 5
Approval 63
DPS issuance 0
Ineligible 0
Applicant withdrew 21
46- 321 Denial 7
Approval 62
DPS issuance 0
Ineligible 0
Applicant withdrew 13
36- 897.01, - 897.03 Denial 16
ApprovaL 135
DPS issuance 2
Ineligible 0
Applicant withdrew 45
36- 882, - 883.02 Denial 16
Approval 135
DPS issuance 2
Ineliqible 0
Applicant withdrew 45
Child care home provider 41- 1967.01 Denial 2
Approval 34
DPS issuance 0
Ineliqible 0
Applicant withdrew 14
Child welfare and adolescent behavior 8- 322 Denial 18
health treatment Approval 198
DPS issuance 6
Ineliqible 0
Applicant withdrew 39
46- 141 Denial 15
Approval 169
DPS issuance 6
Ineligible 0
Applicant withdrew 38
36- 425.03 Denial 14
Approval 157
DPS issuance 6
Ineligible 0
Applicant withdrew 34
41- 2814 Denial 14
Approval 157
DPS issuance 6
Ineligible 0
Applicant withdrew 34
Arizona Board of Fingerprinting
Statutory Report
Page 6 of8
Child Protective Services employment 8- 802 Denial 2
Approval 22
DPS issuance 0
Inelioible 0
Applicant withdrew 7
Individuals with developmental 36- 594.01 Denial 14
disabilities Approval 180
DPS issuance 7
Inelioibie 0
Applicant withdrew 79
Domestic violence and homeless shelters 36- 3008,46- 141 Denial 4
Approval 37
DPS issuance 0
Ineligible 0
Applicant withdrew 8
Residential or nursing care institutions 36- 411 Denial 29
and home health agencies Approval 398
DPS issuance 8
Ineligible 0
Applicant withdrew 112
Teacher certification 15- 534 Denial 16
Approval 213
DPS issuance 5
Ineligible 0
Applicant withdrew 24
Charter school employment 15- 183 Denial 5
Approval 73
DPS issuance 2
Ineligible 0
Applicant withdrew 15
JOBS/ JTPA 46- 141 Denial 1
Approval 17
DPS issuance 1
Inelioible 0
Applicant withdrew 0
Exceptional Student Services 15- 763.01 Denial 1
Approval 14
DPS issuance 0
Inelioible 0
Applicant withdrew 5
* The state agency listed is the agency that provides funding or regulates the program. The Department of
Education, as referred to here, includes the State Board of Education and the Board of Charter Schools.
5. The reporting statute requires the Board to indicate the offenses where an
individual applied for and, additionally, received a good cause exception. Table 6 below
lists the offenses, with an indication of whether or not the Board granted someone who
committed that offense a good cause exception.
Arizona Board of Fingerprinting
Statutory Report
Page 7 of8
T'"
0--.. OemQOod c. u. e ExceptIo!! AppIIc! tIO!!!
Offense Clearance Card Statute
Good Cause Exception
Granted
Manslaughter 41- 1753.03( C)( 1)
Endangerment 41- 1753.03( C)( 2) X
Threatening or intimidating 41- 1753.03( C)( 3) X
Assault 41- 1753.03( C)( 4) X
Assaults on officers or firefighters 41- 1753.03( C)( 8) X
Indecent exposure 41- 1753.03( C)( 10) X
Public sexual indecency 41- 1753.03( C)( 11 ) X
Theft 41- 1753.03( C)( 13) X
Shoplifting 41- 1753.03( C)( 15) X
Forgery 41- 1753.03( C)( 16) X
Criminal possession of a forgery device 41- 1753.03( C)( 17) X
Criminal impersonation 41- 1753.03( C)( 19) X
Fraudulent use of a credit card 41- 1753.03( C)( 23) X
Misconduct involving weapons 41- 1753.03( C)( 28) X
Concealed weapon violation 41- 1753.03( C)( 32) X
Possession, use, or sale of marijuana, dangerous drugs,
41- 1753.03( C)( 36) X
or narcotic druas
A criminal offense involving criminal trespass and
41- 1753.03( C)( 45) X
buralarv under title 13, chaoter 15
A criminal offense under title 13, chapter 23 41- 1753.03( C)( 46) X
Child neglect 41- 1753.03( C)( 47) X
Misdemeanor offenses involving contributing to the
41- 1753.03( C)( 48) X
delinauencv of a minor
Offenses involving domestic violence 41- 1753.03( C)( 49) X
Arson 41- 1753.03( C)( 50) X
Kidnapping 41- 1753.03( C)( 51) X
Felony offenses involving sale, distribution [ etc]
41- 1753.03( C)( 53) X
mariiuana, danaerous druas or narcotic druas
Robbery 41- 1753.03( C)( 53) X
Aggravated assault 41- 1753.03( C)( 54) X
Negligent homicide 41- 1753.03( C)( 56) X
Criminal damage 41- 1753.03( C)( 57) X
Taking identity of another person or entity 41- 1753.03( C)( 59) X
Cruelty to animals 41- 1753.03( C)( 62) X
Prostitution 41- 1753.03( C)( 63) X
Welfare fraud 41- 1753.03( C)( 65) X
Arizona Board of Fingerprinting
Statutory Report
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