wa-law.org > bill > 2025-26 > HB 2220 > Substitute Bill
The commission shall have all of the following powers and duties:
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 law and agency policy, 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 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;
Prepare and make available any forms, registers, courses of study, laws and rules for the training, management, and administration of law enforcement agencies, and such other material and resources as may be necessary for the discharge of the duties of peace officers and officials charged with the administration of the laws relating to the provision of public safety and law enforcement services, and distribute the same to city and county officials, police chiefs, and sheriffs;
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 panel 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;
Adopt, amend, repeal, and administer rules and regulations pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public meetings act, chapter 42.30 RCW.
By July 1, 2027, and July 1st of every odd-numbered year thereafter, the chief, administrator, or sheriff of every law enforcement agency and police department shall submit a report to the criminal justice training commission. The biennial reports must include:
The total number and date of certification of each peace officer employed;
An aggregate of police department or agency peace officer training records which must include:
Mandatory and required peace officer training requirements, including the number of required hours of training for each required subject; and
The aggregate total of peace officers required to complete each training subject and number of officer trainings successfully completed by each required subject; and
The aggregate number of peace officers, managers, or administration employees decertified, and the reasoning for decertification.
By July 1, 2028, and July 1st of every even-numbered year thereafter, and in compliance with RCW 43.01.036, the commission shall submit a report to the governor and the legislature with a summary of the reports required under subsection (1) of this section.
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.
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In all hearings requested under RCW 43.101.155, an administrative law judge appointed under chapter 34.12 RCW shall be the presiding officer and shall make all necessary rulings in the course of the hearing, but is not entitled to vote, except as provided in (b) of this subsection. In addition, a six-member hearings panel shall hear the case and make the commission's final administrative decision. A simple majority must be attained to enable any action.
If the hearings panel is unable to reach a decision by a simple majority, the administrative law judge presiding over the hearing shall enter an initial order under RCW 34.05.461.
The commission shall appoint a panel to hear certification actions as follows:
When a hearing is requested in relation to a certification action of a Washington peace officer, the commission shall appoint to the panel: (i) One police chief or sheriff from an agency not a current or past employer of the peace officer; (ii) two certified Washington peace officers who are at or below the level of first line supervisor and who have at least ten years' experience as a peace officer; (iii) one civilian member of the commission as appointed under RCW 43.101.030(1) (f) and (h) through (j); (iv) one member of the public who is not a prosecutor, defense attorney, judge, or law enforcement officer; and (v) one person with expertise and background in police accountability who is not a current or former peace officer or corrections officer.
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) two corrections officers who are at or below the level of first line supervisor and who have at least ten years' experience as a corrections officer; (iii) one civilian member of the commission as appointed under RCW 43.101.030(1) (f) and (h) through (j); (iv) one member of the public who is not a prosecutor, defense attorney, judge, or law enforcement officer; and (v) one person with expertise and background in police accountability who is not a current or former peace officer or corrections officer.
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) two tribal police officers who are at or below the level of first line supervisor, and who have at least ten years' experience as a peace officer; (iii) one civilian member of the commission as appointed under RCW 43.101.030(1) (f) and (h) through (j); (iv) one member of the public who is not a prosecutor, defense attorney, judge, or law enforcement officer; and (v) one person with expertise and background in police accountability who is not a current or former peace officer or corrections officer.
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 due process hearing or a disciplinary appeals hearing following an investigation by a law enforcement agency, or a criminal hearing regarding the alleged misconduct, 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, to place on probation, 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.
The commission must adopt rules to implement this section.