This section modifies existing section 43.101.010. Here is the modified chapter for context.
When used in this chapter:
"Applicant" means an individual who has received a conditional offer of employment with a law enforcement or corrections agency pending certification as a peace officer or corrections officer.
"Commission" means the Washington state criminal justice training commission.
"Criminal justice personnel" means any person who serves as a peace officer, reserve officer, or corrections officer.
"Law enforcement personnel" means any person elected, appointed, or employed as a general authority Washington peace officer as defined in RCW 10.93.020.
"Correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
"Chief for a day program" means a program in which commissioners and staff partner with local, state, and federal law enforcement agencies, hospitals, and the community to provide a day of special attention to chronically ill children. Each child is selected and sponsored by a law enforcement agency. The event, "chief for a day," occurs on one day, annually or every other year and may occur on the grounds and in the facilities of the commission. The program may include any appropriate honoring of the child as a "chief," such as a certificate swearing them in as a chief, a badge, a uniform, and donated gifts such as games, puzzles, and art supplies.
"Convicted" means at the time a plea of guilty , nolo contendere, or deferred sentence has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. "Conviction" includes all instances in which a plea of guilty or nolo contendere is the basis for conviction, all proceedings in which there is a case disposition agreement, and any equivalent disposition by a court in a jurisdiction other than the state of Washington.
8.
"Peace officer" has the same meaning as a general authority Washington peace officer as defined in RCW 10.93.020. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.15.075 are peace officers for purposes of this chapter.
"Corrections officer" means any corrections agency employee whose primary job function is to provide for the custody, safety, and security of adult persons in jails and detention facilities in the state. "Corrections officer" does not include individuals employed by state agencies.
"Finding" means a determination based on a preponderance of the evidence whether alleged misconduct occurred; did not occur; occurred, but was consistent with law and policy; or could neither be proven or disproven.
"Reserve officer" means any person who does not serve as a peace officer of this state on a full-time basis, but who, when called by an agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state and includes:
Specially commissioned Washington peace officers as defined in RCW 10.93.020;
Limited authority Washington peace officers as defined in RCW 10.93.020;
Persons employed as security by public institutions of higher education as defined in RCW 28B.10.016; and
Persons employed for the purpose of providing security in the K-12 Washington state public school system as defined in RCW 28A.150.010 and who are authorized to use force in fulfilling their responsibilities.
"Tribal police officer" means any person employed and commissioned by a tribal government to enforce the criminal laws of that government.
This section modifies existing section 43.101.020. Here is the modified chapter for context.
There is hereby created and established a state commission to be known and designated as the Washington state criminal justice training commission.
The purpose of the commission shall be to establish and administer standards and processes for certification, suspension, and decertification of peace officers and corrections officers. The commission shall provide programs and training that enhance the integrity, effectiveness, and professionalism of peace officers and corrections officers while helping to ensure that law enforcement and correctional services are delivered to the people of Washington in a manner that fully complies with the Constitutions and laws of this state and United States. In carrying out its duties, the commission shall strive to promote public trust and confidence in every aspect of the criminal justice system.
The purpose outlined in subsection (2) of this section is the first priority of the commission. In addition, the commission shall provide training programs for other criminal justice personnel.
This section modifies existing section 43.101.030. Here is the modified chapter for context.
The commission shall consist of seventeen members as follows:
The governor shall appoint :
;
b. **One** officer at or below the level of first line supervisor from a law enforcement agency **with** at least ten years experience as a law enforcement officer
;
c. **One** person employed
in a state or county corrections agency;
d. **One** incumbent county prosecuting attorney or municipal attorney
and one public defender;
e. **One** elected official of a local government
who is not a sheriff and has not been employed in the last 10 years as a peace officer or prosecutor in any jurisdiction;
f. **One person with civilian oversight or auditing experience over law enforcement agencies;**
g. **Five** private **persons**, **including at least** one **who resides** east of the crest of the Cascade mountains and **at** least **two who are** from a historically underrepresented community or communities
; and
h. **One** tribal chair, board member, councilmember, or **enrolled member** from a federally recognized tribe with an active certification agreement under RCW 43.101.157
who is not a sheriff and has not been employed in the last 10 years as a peace officer or prosecutor in any jurisdiction;
The attorney general or the attorney general's designee;
The special agent in charge of the Seattle office of the federal bureau of investigation or the agent's designee; and
The chief of the state patrol or the chief's designee.
This section modifies existing section 43.101.040. Here is the modified chapter for context.
All members appointed to the commission by the governor shall be appointed for terms of six years, such terms to commence on July first, and expire on June thirtieth**. However, for** members first appointed as a result of chapter . . ., Laws of 2021 (this act), the governor shall appoint members to terms ranging from two years to six years in order to stagger future appointments. Any member chosen to fill a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of the member the appointee is to succeed. Any member may be reappointed for additional terms.
This section modifies existing section 43.101.060. Here is the modified chapter for context.
The commission shall elect a chair and a vice chair from among its members. Nine members of the commission shall constitute a quorum.
The commission shall meet at least quarterly. Additional meetings may be called by the chair and shall be called by the chair upon the written request of six members.
This section modifies existing section 43.101.080. Here is the modified chapter for context.
The commission shall have all of the following powers:
1.
Conduct training, including the basic law enforcement academy and in-service training, and assume legal, fiscal, and program responsibility for all training conducted by the commission;
Grant, deny, suspend, or revoke certification of, or require remedial training for, peace officers and corrections officers under the provisions of this chapter;
Grant, deny, suspend, or revoke certification of tribal police officers whose tribal governments have agreed to participate in the tribal police officer certification process;
Related to its duties under subsections (2) and (3) of this section, provide for the comprehensive and timely investigation of complaints where necessary to ensure adherence to policy and law, strengthen the integrity and accountability of peace officers and corrections officers, and maintain public trust and confidence in the criminal justice system in this state;
Establish, by rule and regulation, curricula and standards for the training of criminal justice personnel where such curricula and standards are not prescribed by statute;
Own, establish, and operate, or contract with other qualified institutions or organizations for the operation of, training and education programs for criminal justice personnel
;
Review and approve or reject standards for instructors of training programs for criminal justice personnel, and employ personnel from other law enforcement agencies on a temporary basis as instructors without any loss of employee benefits to those instructors from those agencies;
Direct the development of alternative, innovative, and interdisciplinary training techniques;
Review and approve or reject training programs conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards , including continuing education;
Allocate financial resources among training and education programs conducted by the commission;
Purchase, lease, or otherwise acquire, subject to the approval of the department of enterprise services, a training facility or facilities and allocate training facility space among training and education programs conducted by the commission;
Issue diplomas certifying satisfactory completion of any training or education program conducted or approved by the commission to any person so completing such a program;
Provide for the employment of such personnel as may be practical to serve as temporary replacements for any person engaged in a basic training program as defined by the commission;
Establish rules and regulations prescribing minimum standards relating to physical, mental**,** and moral fitness which shall govern the recruitment of criminal justice personnel where such standards are not prescribed by statute or constitutional provision;
Require county, city, port, or state law enforcement and corrections agencies that make a conditional offer of employment to an applicant as a fully commissioned peace officer, a reserve officer, or a corrections officer to administer a background investigation
in accordance with the requirements of RCW 43.101.095 to determine the applicant's suitability for employment as a fully commissioned peace officer, reserve officer, or corrections officer;
Appoint members of a hearings board as provided under RCW 43.101.380;
Issue public recommendations to the governing body of a law enforcement agency regarding the agency's command decisions, inadequacy of policy or training, investigations or disciplinary decisions regarding misconduct, potential systemic violations of law or policy, unconstitutional policing, or other matters;
Promote positive relationships between law enforcement and the residents of the state of Washington through commissioners and staff participation in the "chief for a day program." The executive director shall designate staff who may participate. In furtherance of this purpose, the commission may accept grants of funds and gifts and may use its public facilities for such purpose. At all times, the participation of commissioners and staff shall comply with chapter 42.52 RCW and chapter 292-110 WAC
;
This section modifies existing section 43.101.085. Here is the modified chapter for context.
In addition to its other powers granted under this chapter, the commission has authority and power to:
1.
Contract for services as it deems necessary in order to carry out its duties and responsibilities;
Cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, and city government, and other commissions affected by or concerned with the business of the commission;
Select and employ an executive director, and empower the director to perform such duties and responsibilities as the commission may deem necessary;
Issue subpoenas and statements of charges, and administer oaths in connection with investigations, hearings, or other proceedings held under this chapter**, or designate individuals to do so**;
Employ such staff as necessary for the implementation and enforcement of this chapter;
Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter;
Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter;
and
This section modifies existing section 43.101.095. Here is the modified chapter for context.
As a condition of employment , all Washington peace officersand corrections officers are required to obtain certification as a peace officer or corrections officer or exemption therefrom and maintain certification as required by this chapter and the rules of the commission.
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Any applicant who has been offered a conditional offer of employment as a peace officer or reserve officer or offered a conditional offer of employment as a corrections officer after July 1, 2021, including any person whose certification has lapsed as a result of a break of more than 24 consecutive months in the officer's service must submit to a background investigation to determine the applicant's suitability for employment. Employing agencies may only make a conditional offer of employment pending completion of the background check and shall verify in writing to the commission that they have complied with all background check requirements prior to making any nonconditional offer of employment.
The background check must include:
A check of criminal history, any national decertification index, commission records, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct and the reason for separation from employment. Law enforcement or correctional agencies that previously employed the applicant shall disclose employment information within 30 days of receiving a written request from the employing agency conducting the background investigation, including the reason for the officer's separation from the agency. Complaints or investigations of misconduct must be disclosed regardless of the result of the investigation or whether the complaint was unfounded;
Inquiry to the local prosecuting authority in any jurisdiction in which a peace officer has served as to whether the officer is on any potential impeachment disclosure list;
Verification of immigrant or citizenship status as either a citizen of the United States of America or a lawful permanent resident**;**
A psychological examinationadministered by a psychiatrist licensed in the state of Washington pursuant to chapter 18.71 RCW or a psychologist licensed in the state of Washington pursuant to chapter 18.83 RCW, in compliance with standards established in rules of the commission;
A polygraph or similar assessment administered by
an experienced professional with appropriate training and in compliance with standards established in rules of the commission; and
vi. Any other test or assessment **that may be required in rule by** the commission.
c. The employing county, city, **port,** or state law enforcement agency may require that each **person** who is required to take a psychological examination and a polygraph or similar test pay a portion of the testing fee based on the actual cost of the test or **$400**, whichever is less. County, city, **port,** and state agencies may establish a payment plan if they determine that the **person** does not readily have the means to pay the testing fee.
3.
The commission shall allow a peace officer or corrections officer to retain status as a certified peace officer or corrections officer as long as the officer: (a) Timely meets the basic training requirements, or is exempted therefrom, in whole or in part, under RCW 43.101.200 or under rule of the commission; (b) timely meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (c) is not denied certification by the commission under this chapter; and (d) has not had certification suspended or revoked by the commission.
As a condition of certification, a peace officer or corrections officer must, on a form devised or adopted by the commission, authorize the release to the employing agency and commission of the officer's personnel files, including disciplinary, termination , civil or criminal investigation , or other records or information that are directly related to a certification matter or decertification matter before the commission. The release of information may not be delayed, limited, or precluded by any agreement or contract between the officer, or the officer's union, and the entity responsible for the records or information.
The employing agency and commission are authorized to receive criminal history record information that includes nonconviction data for any purpose associated with employment or certification under this chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
For a national criminal history records check, the commission shall require fingerprints be submitted and searched through the Washington state patrol identification and criminal history section. The Washington state patrol shall forward the fingerprints to the federal bureau of investigation.
This section modifies existing section 43.101.105. Here is the modified chapter for context.
. Notice and hearing are not required when a peace officer voluntarily surrenders certification.
The commission must deny or revoke certification of a peace officer or corrections officer if the applicant or officer:
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(A) A felony offense;
(B) A gross misdemeanor domestic violence offense;
(C) An offense with sexual motivation as defined in RCW 9.94A.030;
(D) An offense under chapter 9A.44 RCW; or
(E) A federal or out-of-state offense comparable to an offense listed in (a)(i)(A) through (D) of this subsection (2); and
ii.(A) **The offense was not disclosed at the time of application for initial certification; or**
(B) The officer was a certified peace officer or corrections officer at the time of the offense**;**
b. **Has been found by a court to have engaged in the use of force which resulted in death or serious injury and the use of force violated the law;**
c. **Has been found by a court to have witnessed another officer's use of excessive force and:**
i. **Was in a position to intervene to end the excessive use of force and failed to do so; or**
ii. **Failed to report the use of excessive force in accordance with policy or procedure;**
d. **Has been found by a court to have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of being a peace officer or corrections officer including, but not limited to, committing perjury, filing false reports, hiding evidence, or failing to report exonerating information. This subsection (2)(d) does not apply to representations made in the course and for the purposes of an undercover investigation; or**
e. **Is prohibited from possessing weapons by state or federal law or by a permanent court order entered after a hearing.**
The commission may deny, suspend, or revoke certification or require remedial training of an officer if the applicant or officer:
Failed to timely meet all requirements for obtaining a certificate of basic law enforcement or corrections training, a certificate of basic law enforcement or corrections training equivalency, or a certificate of exemption from the training;
Was previously issued a certificate through administrative error on the part of the commission;
Knowingly falsified or omitted material information on an application to the employer or for training or certification to the commission;
Interfered with an investigation or action for denial or revocation of certification by:
Knowingly making a materially false statement to the commission;
Failing to timely and accurately report information to the commission as required by law or policy; or
In any matter under investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness;
Engaged in a use of force that could reasonably be expected to cause physical injury, and****the use of force violated the law or policy of the officer's employer;
Committed sexual harassment as defined by state law;
Through fraud or misrepresentation, has used the position of peace officer or corrections officer for personal gain;
Following any record relating to an incident in which a finding was made by any law enforcement agency, corrections agency, oversight agency, or other local government agency with authority to investigate that an officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religion, creed, color, national origin, immigration status, disability, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status;
Whether occurring on or off duty, has:
Been found to have committed a felony, without regard to conviction;
Engaged in a pattern of acts showing an intentional or reckless disregard for the rights of others, including but not limited to violation of an individual's constitutional rights under the state or federal constitution or a violation of RCW 10.93.160;
Engaged in unsafe practices involving firearms, weapons, or vehicles which indicate either a willful or wanton disregard for the safety of persons or property; or
Engaged in any conduct or pattern of conduct that: Indicates an inability to meet the ethical and professional standards required of a peace officer or corrections officer; tends to disrupt, diminish, or otherwise jeopardize public trust; undermines public confidence in the law enforcement profession and correctional system; or demonstrates an inability or unwillingness to uphold the officer's sworn oath to enforce the constitution and laws of the United States and the state of Washington;
Has been suspended or discharged, or has resigned or retired in lieu of discharge, for any conduct listed in this section; or
Has voluntarily surrendered the person's certification as a peace officer or corrections officer.
In addition to the penalties set forth in subsection (3) of this section, the commission may issue one or more of the following sanctions on the officer: Reprimand, mandatory retraining, and placement on probation for up to two years. The commission may suspend a peace officer or corrections officer certification pending a decertification hearing in appropriate circumstances.
The commission shall deny certification to any applicant who lost certification as a result of a break in service of more than 24 consecutive months if that applicant failed to comply with the requirements set forth in RCW 43.101.080(15) and 43.101.095(2).
Any of the misconduct listed in subsections (2) and (3) of this section is grounds for denial, suspension, or revocation of certification of a reserve officer to the same extent as applied to a peace officer.
This section modifies existing section 43.101.115. Here is the modified chapter for context.
A person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy or basic corrections academy under RCW 43.101.105(3)(a) is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission.
A person whose certification is denied or revoked based upon prior administrative error of issuance, failure to cooperate, or interference with an investigation is eligible for certification upon meeting standards established in rules of the commission, which rules shall provide for a probationary period of certification in the event of reinstatement of eligibility.
A person whose certification is mandatorily denied or revoked pursuant to RCW 43.101.105(2) is not eligible for certification at any time.
A person whose certification is denied or revoked for reasons other than provided in subsections (1) through (3) of this section may, five years after the revocation or denial, petition the commission for reinstatement of the certificate or for eligibility for reinstatement. The commission may hold a hearing on the petition to consider reinstatement, and the commission may allow reinstatement based upon standards established in rules of the commission. If the certificate is reinstated or eligibility for certification is determined, the commission shall establish a probationary period of certification.
A person whose certification is revoked based solely upon a criminal conviction may petition the commission for reinstatement immediately upon a final judicial reversal of the conviction. The commission shall hold a hearing on request to consider reinstatement, and the commission may allow reinstatement based on standards established in rules of the commission. If the certificate is reinstated or if eligibility for certification is determined, the commission shall establish a probationary period of certification.
The commission's rules and decisions regarding reinstatement shall align with its responsibilities to enhance public trust and confidence in the law enforcement profession and correctional system.
This section modifies existing section 43.101.135. Here is the modified chapter for context.
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Upon separation of a peace officer or corrections officer from an employing agency for any reason, including termination, resignation, or retirement, the agency shall notify the commission within 15 days of the separation date on a personnel action report form provided by the commission.
If the employer accepts an officer's resignation or retirement in lieu of termination, the employing agency shall report the reasons and rationale in the information provided to the commission, including the findings from any internal or external investigations into alleged misconduct.
In addition to those circumstances under subsection (1) of this section and whether or not disciplinary proceedings have been concluded, the employing agency shall:
Notify the commission within 15 days of learning of the occurrence of any death or serious injury caused by the use of force by an officer or any time an officer has been charged with a crime. Employing agencies must have a policy requiring officers to report any pending criminal charges and any conviction, plea, or other case disposition immediately to their agency; and
Notify the commission within 15 days of an initial disciplinary decision by an employing agency for alleged behavior or conduct by an officer that is noncriminal and may result in revocation of certification pursuant to RCW 43.101.105.
To better enable the commission to act swiftly and comprehensively when misconduct has occurred that may undermine public trust and confidence in law enforcement or the correctional system, if the totality of the circumstances support a conclusion that the officer resigned or retired in anticipation of discipline, whether or not the misconduct was discovered at the time, and when such discipline, if carried forward, would more likely than not have led to discharge, or if the officer was laid off when disciplinary investigation or action was imminent or pending which could have resulted in the officer's suspension or discharge, the employing agency shall conduct the investigation and provide all relevant information to the commission as if the officer were still employed by the agency.
Upon request of the commission, the employing agency shall provide such additional documentation or information as the commission deems necessary to determine whether the separation or event provides grounds for suspension or revocation .
At its discretion, the commission may:
Immediately suspend certification, pending proceedings through the employing agency;
Initiate decertification proceedings upon conclusion of any investigation or disciplinary proceedings initiated by the employing agency;
Separately pursue revocation of certification under RCW 43.101.105; or
Wait to proceed until any investigation, disciplinary proceedings, or appeals through the employing agency are final before taking action. Where a decertification decision requires a finding that the officer's conduct violated policy and the employing agency has begun its investigation into the underlying event, the commission shall await notification of a finding by the employing agency before beginning the decertification process.
No action or failure to act by an employing agency or decision resulting from an appeal of that action precludes action by the commission to suspend or revoke an officer's certification.
An employing agency may not enter into any agreement or contract with an officer, or union:
Not to report conduct, delay reporting, or preclude disclosure of any relevant information, including a promise not to check the box on a commission notice that indicates the officer may have committed misconduct, in exchange for allowing an officer to resign or retire or for any other reason; or
That allows the agency to destroy or remove any personnel record while the officer is employed and for 10 years thereafter. Such records must include all misconduct and equal employment opportunity complaints, progressive discipline imposed including written reprimands, supervisor coaching, suspensions, involuntary transfers, investigatory files, and other disciplinary appeals and litigation records.
The commission shall maintain all information provided pursuant to this section in a permanent file.
In addition to disciplinary action authorized in RCW 43.101.105, the commission may impose a civil penalty not to exceed $10,000 for the failure by an officer or an employing agency to timely and accurately report information pursuant to this section.
This section modifies existing section 43.101.145. Here is the modified chapter for context.
Any individual, including commission staff or a member of the commission, a peace officer**,** or a duly authorized representative of a law enforcement agency**,** may submit a written complaint to the commission stating that an officer's certificate should be denied**, suspended,** or revoked, and specifying the grounds for the complaint. Filing a complaint does not make a complainant a party to the commission's action.
Except as provided in subsection (3)(b) of this section, the commission has sole discretion whether to investigate a complaint, and the commission has sole discretion whether to investigate matters relating to certification, denial of certification, or revocation of certification on any other basis, without restriction as to the source or the existence of a complaint. All complaints must be resolved with a written determination, regardless of the decision to investigate.
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The commission may initiate an investigation in any instance where there is a pattern of complaints or other actions that may not have resulted in a formal adjudication of wrongdoing, but when considered together demonstrate a pattern of similar conduct.
The commission shall initiate an investigation when an officer is the subject of three complaints of excessive use of force in the previous five years.
A person who files a complaint in good faith under this section is immune from suit or any civil action related to the filing or the contents of the complaint.
This section modifies existing section 43.101.155. Here is the modified chapter for context.
If the commission determines, upon investigation, that there is cause to believe that a peace officer's or corrections officer's certification should be denied**, suspended,** or revoked under RCW 43.101.105, the commission must prepare and serve upon the officer a statement of charges. Service on the officer must be by mail or by personal service on the officer unless the officer has consented to service in some other manner, including electronic notification. Notice of the charges must also be mailed to or otherwise served upon the officer's agency of separation and any current agency employer. The statement of charges must be accompanied by a notice that to receive a hearing on the denial or revocation, the officer must, within 14 days of the statement of charges, request a hearing before the hearings panel appointed under RCW 43.101.380. Failure of the officer to request a hearing within the 14-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440.
If a hearing is requested, the officer is required to provide an email address that constitutes the officer's legal address for purposes of any subsequent communication from the commission. Unless otherwise agreed to by the mutual agreement of the parties or for good cause, within two weeks of receipt of the officer's request for a hearing, the commission shall set a date for the hearing**, which** must be held within 90 days thereafter. On the date the hearing is set, the commission shall transmit electronic notice of the hearing to the officer, and provide public notice on the commission website, specifying the time, date, and place of hearing.
This section modifies existing section 43.101.157. Here is the modified chapter for context.
Tribal governments may voluntarily request certification for their police officers. Tribal governments requesting certification for their police officers must enter into a written agreement with the commission. The agreement must require the tribal law enforcement agency and its officers to comply with all of the requirements for granting, denying, and revoking certification as those requirements are applied to peace officers certified under this chapter and the rules of the commission.
Officers making application for certification as tribal police officers shall meet the requirements of this chapter and the rules of the commission as those requirements are applied to certification of peace officers. Application for certification as a tribal police officer shall be accepted and processed in the same manner as those for certification of peace officers.
This section modifies existing section 43.101.230. Here is the modified chapter for context.
Tribal police officers and employees who are engaged in law enforcement activities and who do not qualify as "criminal justice personnel" or "law enforcement personnel" under RCW 43.101.010 may be provided training under this chapter if: (a) The tribe is recognized by the federal government, and (b) the tribe pays to the commission the full cost of providing such training. The commission shall place all money received under this section into the criminal justice training account.
This section modifies existing section 43.101.390. Here is the modified chapter for context.
The commission and individuals acting on behalf of the commission are immune from suit in any civil or criminal action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.
Without limiting the generality of the foregoing, the commission and individuals acting on behalf of the commission are immune from suit in any civil action based on the certification, denial of certification, suspension, or decertification of peace officers, reserve officers, or corrections officers resulting from information or the lack of information provided by the employing agency.
This section modifies existing section 43.101.420. Here is the modified chapter for context.
The commission shall offer a training session on personal crisis recognition and crisis intervention services to criminal justice, corrections, and other public safety employees. The training shall be implemented by the commission in consultation with appropriate public and private organizations that have expertise in crisis referral services and in the underlying conditions leading to the need for crisis referral.
The training shall consist of a minimum of one hour of classroom or internet instruction, and shall include instruction on the following subjects:
The description and underlying causes of problems that may have an impact on the personal and professional lives of public safety employees, including mental health issues, chemical dependency, domestic violence, financial problems, and other personal crises;
Techniques by which public safety employees may recognize the conditions listed in (a) of this subsection and understand the need to seek assistance and obtain a referral for consultation and possible treatment; and
A listing of examples of public and private crisis referral agencies available to public safety employees.
The training developed by the commission shall be made available by the commission to all employees of state and local agencies that perform public safety duties. The commission may charge a reasonable fee to defer the cost of making the training available.
This section modifies existing section 34.12.035. Here is the modified chapter for context.
The chief administrative law judge shall designate an administrative law judge with subject matter expertise to serve, as the need arises, as presiding officer in :
State patrol disciplinary hearings conducted under RCW 43.43.090**; and**
Decertification hearings conducted under RCW 43.101.380.
This section modifies existing section 40.14.070. Here is the modified chapter for context.
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Other than those records detailed in subsection (4) of this section, county, municipal, and other local government agencies may request authority to destroy noncurrent public records having no further administrative or legal value by submitting to the division of archives and records management lists of such records on forms prepared by the division. The archivist, a representative appointed by the state auditor, and a representative appointed by the attorney general shall constitute a committee, known as the local records committee, which shall review such lists and which may veto the destruction of any or all items contained therein.
A local government agency, as an alternative to submitting lists, may elect to establish a records control program based on recurring disposition schedules recommended by the agency to the local records committee. The schedules are to be submitted on forms provided by the division of archives and records management to the local records committee, which may either veto, approve, or amend the schedule. Approval of such schedule or amended schedule shall be by unanimous vote of the local records committee. Upon such approval, the schedule shall constitute authority for the local government agency to destroy the records listed thereon, after the required retention period, on a recurring basis until the schedule is either amended or revised by the committee.
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Except as otherwise provided by law, and other than the law enforcement records detailed in subsection (4) of this section, no public records shall be destroyed until approved for destruction by the local records committee. Official public records shall not be destroyed unless:
The records are six or more years old;
The department of origin of the records has made a satisfactory showing to the state records committee that the retention of the records for a minimum of six years is both unnecessary and uneconomical, particularly where lesser federal retention periods for records generated by the state under federal programs have been established; or
The originals of official public records less than six years old have been copied or reproduced by any photographic, photostatic, microfilm, miniature photographic, or other process approved by the state archivist which accurately reproduces or forms a durable medium for so reproducing the original.
An automatic reduction of retention periods from seven to six years for official public records on record retention schedules existing on June 10, 1982, shall not be made, but the same shall be reviewed individually by the local records committee for approval or disapproval of the change to a retention period of six years.
The state archivist may furnish appropriate information, suggestions, and guidelines to local government agencies for their assistance in the preparation of lists and schedules or any other matter relating to the retention, preservation, or destruction of records under this chapter. The local records committee may adopt appropriate regulations establishing procedures to be followed in such matters.
Records of county, municipal, or other local government agencies, designated by the archivist as of primarily historical interest, may be transferred to a recognized depository agency.
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i. Records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenders contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020 that are not required in the current operation of the law enforcement agency or for pending judicial proceedings shall, following the expiration of the applicable schedule of the law enforcement agency's retention of the records, be transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval. Upon electronic retention of any document, the association shall be permitted to destroy the paper copy of the document.
ii. Any sealed record transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval, including records sealed after transfer, shall be electronically retained in such a way that the record is clearly marked as sealed.
iii. The Washington association of sheriffs and police chiefs shall be permitted to destroy both the paper copy and electronic record of any offender verified as deceased.
c. Any record transferred to the Washington association of sheriffs and police chiefs pursuant to (b) of this subsection shall be deemed to no longer constitute a public record pursuant to RCW 42.56.010 and shall be exempt from public disclosure. Such records shall be disseminated only to criminal justice agencies as defined in RCW 10.97.030 for the purpose of determining if a sex offender met the criteria of a sexually violent predator as defined in chapter 71.09 RCW and the end-of-sentence review committee as defined by RCW 72.09.345 for the purpose of fulfilling its duties under RCW 71.09.025 and 9.95.420.
Electronic records marked as sealed shall only be accessible by criminal justice agencies as defined in RCW 10.97.030 who would otherwise have access to a sealed paper copy of the document, the end-of-sentence review committee as defined by RCW 72.09.345 for the purpose of fulfilling its duties under RCW 71.09.025 and 9.95.420, and the system administrator for the purposes of system administration and maintenance.
Public records may not be donated under this subsection unless:
a. The records are seventy years old or more;
b. The local records committee has approved the destruction of the public records; and
c. The state archivist has determined that the public records have no historic interest.
This section modifies existing section 43.101.380. Here is the modified chapter for context.
The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern hearings before the commission and govern all other actions before the commission unless otherwise provided in this chapter. The standard of proof in actions before the commission is a preponderance of the evidence.
In all hearings requested under RCW 43.101.155 , an administrative law judge appointed under chapter 34.12 RCW shall be the presiding officer, shall make all necessary rulings in the course of the hearing, and shall issue a proposed recommendation, but is not entitled to vote. In addition, a three-member hearings panel shall hear the case and make the commission's final administrative decision.
The commission shall appoint a panel to hear certification actions as follows:
b.
When a hearing is requested in relation to a certification action of a Washington corrections officer, the commission shall appoint to the panel: (i) A person who heads either a city or county corrections agency or facility or of a Washington state department of corrections facility; (ii) one civilian member of the commission as appointed under RCW 43.101.030(1) (f) through (h); and (iii) one person with expertise and background in police accountability who is not a current or former peace officer or corrections officer .
c. When a hearing is requested in relation to a certification action of a tribal police officer, the commission shall appoint to the panel (i) one tribal police chief; (ii) **one civilian member of the commission as appointed under RCW 43.101.030(1) (f) through (h); and (iii) one person with expertise and background in police accountability who is not a current or former peace officer or corrections officer**.
d. Persons appointed to hearings panels by the commission shall, in relation to any certification action on which they sit, have the powers, duties, and immunities, and are entitled to the emoluments, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of regular commission members.
In decertification matters where there was a criminal hearing, a due process hearing, a disciplinary appeals hearing,**or a finding entered by a law enforcement agency following an investigation, the hearings panel need not redetermine the underlying facts but may make its determination based solely on review of the records and decision relating to those proceedings and any investigative or summary materials from the administrative law judge, legal counsel, and commission staff**. However, the hearings panel may, in its discretion, consider additional evidence to determine whether misconduct occurred . The hearings panel shall, upon written request by the subject peace officer or corrections officer, allow the peace officer or corrections officer to present additional evidence of extenuating circumstances.
The commission is authorized to proceed regardless of whether an arbitrator or other appellate decision maker overturns the discipline imposed by the officer's employing agency or whether the agency settles an appeal. No action or failure to act by a law enforcement agency or corrections agency or decision resulting from an appeal of that action precludes action by the commission to suspend or revoke an officer's certificate or to require remedial training for the officer.
The hearings, but not the deliberations of the hearings panel, are open to the public. The transcripts, admitted evidence, and written decisions of the hearings panel on behalf of the commission are not confidential or exempt from public disclosure, and are subject to subpoena and discovery proceedings in civil actions.
Summary records of hearing dispositions must be made available on an annual basis on a public website.
The commission's final administrative decision is subject to judicial review under RCW 34.05.510 through 34.05.598.
This section modifies existing section 43.101.400. Here is the modified chapter for context.
Except as provided under subsection (2) of this section, all files, papers, and other information obtained by the commission as part of an initial background investigation pursuant to RCW 43.101.095(2) and (4) are confidential and exempt from public disclosure. Such records are not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except as provided in RCW 43.101.380(6) or which become part of the record in a suspension or decertification matter.
Records which are otherwise confidential and exempt under subsection (1) of this section may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of which must be included in the file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement or corrections agency, which may review and copy its employee-officer's file; or (c) by a representative of or investigator for the commission.
Records which are otherwise confidential and exempt under subsection (1) of this section may also be inspected at the offices of the commission by a duly authorized representative of a law enforcement or corrections agency considering an application for employment by a person who is the subject of a record. A copy of records which are otherwise confidential and exempt under subsection (1) of this section may later be obtained by an agency after it hires the applicant. In all other cases under this subsection, the agency may not obtain a copy of the record.
4.
The commission shall maintain a database that is publicly searchable, machine readable, and exportable, and accompanied by a complete, plain-language data dictionary describing the names of officers and employing agencies, all conduct investigated, certifications denied, notices and accompanying information provided by law enforcement or correctional agencies, including the reasons for separation from the agency, decertification or suspension actions pursued, and final disposition and the reasons therefor for at least 30 years after final disposition of each incident. The dates for each material step of the process must be included. Any decertification must be reported to the national decertification index.
No later than December 1, 2022, the criminal justice training commission shall submit a written report to the governor and the appropriate committees of the legislature detailing progress of implementation of this act.