Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to pass a bill that expands the responsibilities of the state's law enforcement oversight agency.

Highlights:

• Defines "finding" as 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 nor disproven (Sec. 1-10).

• Establishes a state commission to be known and designated as the Washington State Criminal Justice Training Commission (Sec. 2-1).

• Specifies the governor will appoint members to terms ranging from two years to six years to stagger future appointments (Sec. 4).

• Authorizes the commission to have the authority and power over the following (Sec. 7):

• Contract for services as it deems necessary 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;

• Do all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it.

• Requires corrections officers 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 (Sec. 8-1).

• Establishes a person denied a certification based upon dismissal or withdrawal from a basic law enforcement academy or basic corrections academy is eligible for readmission and certification upon meeting standards established in rules of the commission, which rules may provide for probationary terms on readmission (Sec. 10-1).

• Authorizes the commission to do the following (Sec. 11-5):

• 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

• Establishes 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 of the existence of a complaint. All complaints must be resolved with a written determination, regardless of the decision to investigate (Sec. 12-2).

Full Bill Text