RCW ch. 43.101 — Revised Code of Washington Chapter 43.101 RCW — Criminal Justice Training Commission—Education And Training Standards Boards

RCW 43.101.010 Definitions. When used in this chapter: (1) "Applicant" means an individual who has received a conditional offer of employment with a law enforcement or corrections agency. (2) "Certified" means the individual has met the background check requirements under this chapter; completed the basic law enforcement academy, the corrections officer academy, or other training as determined by the commission; and fulfilled any other requirements adopted by the commission in rule, and has been granted a license by the commission to serve as an officer. (3) "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. (4) "Commission" means the Washington state criminal justice training commission. (5) "Commissioned" means the appointing entity has granted authority in accordance with local or state law, to act as a peace officer or corrections officer. However, for railroad police officers commissioned under RCW 81.60.010 through 81.60.060, "commissioned" has the meaning provided in chapter 81.60 RCW. (6) "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. (7) "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. (8) "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. (9) "Criminal justice personnel" means any person who serves as a peace officer, reserve officer, or corrections officer. (10) "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. (11) "Law enforcement personnel" means any person elected, appointed, or employed as a general authority Washington peace officer as defined in RCW 10.93.020 or as a limited authority Washington peace officer as defined in RCW 10.93.020 who as a normal part of their duties has powers of arrest and carries a firearm. For the purposes of this chapter, "law enforcement personnel" does not include individuals employed by the department of corrections. (12) "Limited authority Washington law enforcement agency" has the same meaning as defined in RCW 10.93.020. (13) "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. Limited authority Washington peace officers as defined in RCW 10.93.020, who have powers of arrest and carry a firearm as part of their normal duty, are peace officers for purposes of this chapter. For the purposes of this chapter, "peace officer" does not include reserve officers or individuals employed by the department of corrections. (14) "Reserve officer" has the same meaning as provided in RCW 10.93.020. (15) "Specially commissioned Washington peace officer" has the same meaning as provided in RCW 10.93.020. (16) "Tribal police officer" means any person employed and commissioned by a tribal government to enforce the criminal laws of that government. [ 2025 c 349 s 1; 2024 c 319 s 5; 2023 c 168 s 1. Prior: 2021 c 323 s 1; 2020 c 119 s 2; 2008 c 69 s 2; 2003 c 39 s 27; 2001 c 167 s 1; 1981 c 132 s 2; 1977 ex.s. c 212 s 1; 1974 ex.s. c 94 s 1.] NOTES: Finding— RCW 43.101.020 Commission created—Purpose. (1) There is hereby created and established a state commission to be known and designated as the Washington state criminal justice training commission. (2) 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. [ 2021 c 323 s 2; 1974 ex.s. c 94 s 2.] RCW 43.101.021 Policy. It is the policy of the state of Washington that all commissioned, appointed, and elected law enforcement personnel comply with their oath of office and agency policies regarding the duty to be truthful and honest in the conduct of their official business. [ 2010 c 294 s 1.] RCW 43.101.030 Membership. The commission shall consist of 21 members as follows: (1) The governor shall appoint: (a) One incumbent sheriff and one incumbent chief of police. The governor shall additionally appoint an alternate incumbent chief of police who may perform commission duties in place of the appointed incumbent chief if that person is unavailable; (b) Two officers at or below the level of first line supervisor who: (i) Have at least ten years' experience as law enforcement officers; (ii) Are from two different law enforcement agencies that each have at least 15 officers and are different than the agencies with which the members in (a) of this subsection are affiliated; and (iii) Are affiliated with different labor organizations; (c) One tribal police officer at or below the level of first line supervisor who has at least 10 years' experience as a law enforcement officer; (d) One person employed in a state or county corrections agency; (e) One incumbent county prosecuting attorney or municipal attorney and one public defender; (f) One licensed attorney with background in investigating, advocating, teaching, training, or presiding over matters related to enhancing law enforcement practices and accountability, who has not been employed in law enforcement; (g) One elected official of a local government who is not a sheriff or police chief and has not been employed in the last 10 years as a peace officer or prosecutor in any jurisdiction; (h) One person with civilian oversight or auditing experience over law enforcement agencies; (i) Seven community members who are not employed in law enforcement, including at least two who reside east of the crest of the Cascade mountains and at least three who are from a historically underrepresented community or communities; and (j) 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; (2) The attorney general or the attorney general's designee; (3) The chief of the state patrol or the chief's designee. [ 2021 c 323 s 3; 2020 c 44 s 1; 1999 c 97 s 1; 1981 c 132 s 3; 1979 ex.s. c 55 s 1; 1974 ex.s. c 94 s 3.] RCW 43.101.040 Terms of members—Vacancies. 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 323, Laws of 2021, 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. [ 2021 c 323 s 4; 2009 c 549 s 5167; 1974 ex.s. c 94 s 4.] RCW 43.101.050 Cessation of membership upon termination of office or employment. Any member of the commission appointed pursuant to RCW 43.101.030 as an incumbent official or as an employee in a correctional system, as the case may be, shall immediately upon the termination of his or her holding of said office or employment, cease to be a member of the commission. [ 2009 c 549 s 5168; 1974 ex.s. c 94 s 5.] RCW 43.101.060 Chair and vice chair—Quorum—Meetings. 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. [ 2021 c 323 s 5; 1999 c 97 s 2; 1974 ex.s. c 94 s 6.] RCW 43.101.070 Compensation—Reimbursement of travel expenses. Members of the commission shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060. Attendance at meetings of the commission shall be deemed performance by a member of the duties of his or her employment. [ 2009 c 549 s 5169; 1984 c 287 s 85; 1975-'76 2nd ex.s. c 34 s 126; 1974 ex.s. c 94 s 7.] NOTES: Legislative findings— RCW 43.101.080 Commission powers and duties—Rules and regulations. 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; (2) Grant, deny, suspend, or revoke certification of, or require remedial training for, peace officers and corrections officers under the provisions of this chapter; (3) Grant, deny, suspend, or revoke certification of tribal police officers whose tribal governments have agreed to participate in the tribal police officer certification process; (4) 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; (5) 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; (6) Own, establish, and operate, or contract with other qualified institutions or organizations for the operation of, training and education programs for criminal justice personnel; (7) 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; (8) Direct the development of alternative, innovative, and interdisciplinary training techniques; (9) 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; (10) Allocate financial resources among training and education programs conducted by the commission; (11) 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; (12) 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; (13) 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; (14) 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; (15) 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; (16) Appoint members of a hearings panel as provided under RCW 43.101.380; (17) 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; (18) 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; (19) 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. [ 2021 c 323 s 6; 2020 c 119 s 13; 2018 c 32 s 4; 2015 c 225 s 90; 2011 c 234 s 1; 2008 c 69 s 3; 2005 c 434 s 1; 2001 c 166 s 1; 1982 c 124 s 1; 1975-'76 2nd ex.s. c 17 s 3. Prior: 1975 1st ex.s. c 103 s 1; 1975 1st ex.s. c 82 s 1; 1974 ex.s. c 94 s 8.] NOTES: Finding— RCW 43.101.085 Additional powers and duties. 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; (2) 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; (3) Select and employ an executive director, and empower the director to perform such duties and responsibilities as the commission may deem necessary; (4) 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; (5) Employ such staff as necessary for the implementation and enforcement of this chapter; (6) Take or cause to be taken depositions and other discovery procedures as needed in investigations, hearings, and other proceedings held under this chapter; (7) Enter into contracts for professional services determined by the commission to be necessary for adequate enforcement of this chapter; and (8) Exercise lawful actions necessary to enable the commission to fully and adequately perform its duties and to exercise the lawful powers granted to the commission. [ 2021 c 323 s 7; 2020 c 119 s 1; 2006 c 22 s 1; 2001 c 167 s 7.] NOTES: Effective date— RCW 43.101.095 Peace and corrections officer certification—Background investigation. (1)(a) As a condition of employment, or of holding office, all peace officers and all corrections officers are required to obtain certification and maintain certification as required by this chapter and the rules of the commission. (b) To ensure that sheriffs, police chiefs, and town marshals meet the requirements in RCW 35.21.333 and 36.28.025 to obtain certification within nine months of assuming office, the commission must prioritize their access to any commission training required for certification. (2)(a) Any person being considered for appointment as a sheriff, police chief, or marshal, or seeking employment as a peace officer, reserve officer, corrections officer, or as a limited authority Washington peace officer who if hired would qualify as a peace officer as defined in RCW 43.101.010, must submit to a background investigation to determine that they meet eligibility requirements and to determine the person's suitability for employment. This requirement does not apply to any person whose certification has lapsed as a result of a break of more than 24 consecutive months in the officer's service as a result of being recalled into military service. Employing agencies and appointing authorities may only make a conditional offer of employment pending completion of the background investigation and shall attest in writing to the commission that they have complied with all background investigation requirements prior to making any nonconditional offer of employment. (b) The background investigation must have been completed within the prior six months, and include: (i) 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 or received an application from the person shall retain application records and disclose employment or application information within 30 days of receiving a written request from the employing agency conducting the background investigation, including the reason for the person's separation from the agency, any information regarding the person's application to that agency, and any other information obtained during the background investigation conducted as part of the application process. Complaints or investigations of misconduct must be disclosed regardless of the result of the investigation or whether the complaint was unfounded; (ii) Inquiry to the local prosecuting authority in any jurisdiction in which the person has served as to whether the person is on any potential impeachment disclosure list; (iii) Inquiry into whether the person has any past or present affiliations with extremist organizations, as defined by the commission; (iv) A review of the person's social media accounts; (v)(A) For peace officers, verification of immigrant or citizenship status as either a citizen of the United States of America, lawful permanent resident, or deferred action for childhood arrivals recipient. (B) For corrections officers, verification of immigrant or citizenship status as a citizen of the United States or a person who is legally authorized to work in the United States under federal law. This subsection shall be interpreted and applied consistent with federal law and regulations. This subsection shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations; (vi) A psychological examination administered 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; (vii) 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 (viii) Except as otherwise provided in this section, any test or assessment to be administered as part of the background investigation shall be administered in compliance with standards established in rules of the commission. (c) The commission shall establish standards for the background investigation requirements in this section and any other preemployment background investigation requirement that may be imposed by an employing agency or the commission. (3)(a) The commission shall allow a peace officer or corrections officer to retain status as a certified officer as long as the officer: (i) 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; (ii) timely meets or is exempted from any other requirements under this chapter as administered under the rules adopted by the commission; (iii) is not denied certification by the commission under this chapter; and (iv) has not had certification suspended or revoked by the commission. (b) The commission shall certify peace officers who are limited authority Washington peace officers employed on or before July 1, 2023. Thereafter, the commission may revoke certification pursuant to this chapter. (4) As a condition of certification and of a background investigation, a peace officer or corrections officer must: (a) On a form devised or adopted by the commission, authorize the release to the employing county, city, or agency and to the 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; (b) Consent to and facilitate a review of the officer's social media accounts, however, consistent with RCW 49.44.200, the officer is not required to provide login information. 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; and (c) Indicate, on a form provided by the hiring agency, any prior application materials, including any background investigation conducted while seeking employment with any other law enforcement agency, including where the person began but did not complete a full background investigation. (5) The employing county, city, or agency and the 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. (6) 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. (7) Prior to certification or appointment of a sheriff, police chief, or marshal, the employing agency or appointing authority shall attest to the commission that the agency or appointing authority has received or conducted a completed background investigation, that no information has been found that would disqualify the person from certification, and that the person was determined by the background investigation and under commission rules to have met eligibility requirements and to be suitable for employment as a peace officer or corrections officer, or appointment as a sheriff, chief, or marshal. Persons determined by the background investigation to have engaged in conduct meeting the criteria set forth in RCW 43.101.105(2) shall be considered unsuitable for employment as a peace officer. (8) All files, papers, and other information obtained as part of the background investigation are confidential and exempt from public disclosure under chapter 42.56 RCW. The verification by the commission that the background investigation has been completed, and whether it has been passed or failed, is a public record. The commission must retain background investigation files it receives. (9) The requirements of this section apply to persons applying to serve as a new officer, a lateral transfer within the state or from another state from a law enforcement or corrections agency to a different law enforcement or corrections agency, or an officer moving from a corrections division to a law enforcement division or vice versa within the same agency unless exempted by the commission, or a person appointed or elected as a sheriff, chief, or marshal. (10) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission, employing agencies, potential employing agencies, or appointing authorities in good faith. [ 2026 c 258 s 13; 2026 c 103 s 5; 2025 c 349 s 2; 2024 c 330 s 10; 2023 c 168 s 3; 2021 c 323 s 8; 2018 c 32 s 5; 2011 c 234 s 2; 2009 c 139 s 1; 2008 c 74 s 8; 2005 c 434 s 2; 2001 c 167 s 2.] NOTES: Reviser's note: RCW 43.101.098 Corrections officers—Work authorization. A corrections officer must be a citizen of the United States or a person who is legally authorized to work in the United States under federal law. This section shall be interpreted and applied consistent with federal law and regulations. This section shall not be construed to permit an employer to override or bypass work authorization requirements stated in section 274a.2 of Title 8 of the Code of Federal Regulations. [ 2026 c 103 s 6.] NOTES: Retroactive application— RCW 43.101.105 Denial, suspension, or revocation of peace and corrections officer certification. (1) To help prevent misconduct, enhance peace officer and corrections officer accountability through the imposition of sanctions commensurate to the wrongdoing when misconduct occurs, and enhance public trust and confidence in the criminal justice system, upon request by an officer's employer or on its own initiative, the commission may deny, suspend, or revoke certification of, or require remedial training for, an officer as provided in this section. The commission shall provide the officer with written notice and a hearing, if a hearing is timely requested by the officer under RCW 43.101.155. Notice and hearing are not required when a peace officer voluntarily surrenders certification. (2) The commission must deny or revoke the certification of an applicant or officer if the applicant or officer: (a)(i) Has been convicted of: (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; and (iii) The offense is not one for which the officer was granted a full and unconditional pardon; and (iv) The offense was not adjudicated as a juvenile and the record sealed; (b) Has been terminated by the employing agency or otherwise separated from the employing agency after engaging in, or was 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 terminated by the employing agency or otherwise separated from the employing agency after witnessing, or 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 agency policy or law; (d) Has been terminated by the employing agency or otherwise separated from the employing agency after knowingly making, or 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 other lawful law enforcement purpose; or (e) Is prohibited from possessing weapons by state or federal law or by a permanent court order entered after a hearing, provided that this subsection shall not be interpreted to require or permit the denial or revocation based solely on an applicant's or officer's prohibition from possessing weapons under federal law if the prohibition is solely based on the applicant's or officer's immigration status and the applicant or officer would otherwise lawfully possess weapons in their capacity as a peace officer or corrections officer under federal law pursuant to 18 U.S.C. Sec. 925(a)(1) or other applicable federal law after being hired as a peace officer or corrections officer. (3) The commission may deny, suspend, or revoke certification or require remedial training of an applicant or officer if the applicant or officer: (a) 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; (b) Was previously issued a certificate through administrative error on the part of the commission; (c) Knowingly falsified or omitted material information on an application to the employer or for training or certification to the commission; (d) Interfered with an investigation or action for denial or revocation of certification by: (i) Knowingly making a materially false statement to the commission; (ii) Failing to timely and accurately report information to the commission as required by law or policy; or (iii) In any matter under review or investigation by or otherwise before the commission, tampering with evidence or tampering with or intimidating any witness; (e) 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; (f) Committed sexual harassment as defined by state law; (g) Through fraud or misrepresentation, has used the position of peace officer or corrections officer for personal gain; (h) 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; (i) Has affiliation with one or more extremist organizations; (j) Whether occurring on or off duty, has: (i) Been found to have committed a felony, without regard to conviction; (ii) 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; (iii) 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 (iv) Engaged in any conduct or pattern of conduct that: Fails to meet the ethical and professional standards required of a peace officer or corrections officer; disrupts, diminishes, or otherwise jeopardizes public trust or 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; (k) Has been suspended or discharged, has resigned or retired in lieu of discharge, or has separated from the agency after the alleged misconduct occurred, for any conduct listed in this section; or (l) Has voluntarily surrendered the person's certification as a peace officer or corrections officer. (4) In addition to the penalties set forth in subsection (3) of this section, the commission may require mandatory retraining or placement on probation for up to two years, or both. In determining the appropriate penalty or sanction, the commission shall consider: The findings and conclusions, and the basis for the findings and conclusions, of any due process hearing or disciplinary appeals hearing following an investigation by a law enforcement agency regarding the alleged misconduct, if such hearing has occurred prior to the commission's action; any sanctions or training ordered by the employing agency regarding the alleged misconduct; and whether the employing agency bears any responsibility for the situation. (5) 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). (6) The fact that the commission has suspended an officer's certification is not, in and of itself, a bar to the employing agency's maintenance of the officer's health and retirement benefits. (7) Any suspension or period of probation imposed by the commission shall run concurrently to any leave or discipline imposed by the employing agency for the same incident. (8) A law enforcement agency may not terminate a peace officer based solely on imposition of suspension or probation by the commission. This subsection does not prohibit a law enforcement agency from terminating a peace officer based on the underlying acts or omissions for which the commission took such action. (9) 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, if the reserve officer is certified pursuant to RCW 43.101.095. [ 2026 c 103 s 7; 2021 c 323 s 9; 2011 c 234 s 3; 2005 c 434 s 3; 2001 c 167 s 3.] NOTES: Effective date— RCW 43.101.115 Denial or revocation of peace or corrections officer certification—Readmission to academy—Reinstatement. (1) 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. (2) 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. (3) A person whose certification is mandatorily denied or revoked pursuant to RCW 43.101.105(2) is not eligible for certification at any time. (4) Any officer who is required to obtain and maintain certification and who has had their certification denied, revoked, or voluntarily surrendered and not reinstated in this state or any other state may not serve in any role as a peace officer, corrections officer, limited authority Washington peace officer, specially commissioned officer, or reserve officer. (5) 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. (6) 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. (7) 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. [ 2026 c 258 s 14; 2021 c 323 s 10; 2001 c 167 s 4.] NOTES: Findings— RCW 43.101.121 Denial or revocation of certification—Subsequent certification as corrections officer or peace officer. An individual whose peace officer certification is denied or revoked pursuant to this chapter may not thereafter be certified as a corrections officer without first satisfying the requirements of eligibility for certification or reinstatement of certification. A corrections officer whose corrections officer certification is denied or revoked pursuant to this chapter may not thereafter be certified as a peace officer without first satisfying the requirements of eligibility for certification or reinstatement of certification. [ 2020 c 119 s 11.] RCW 43.101.125 Lapsed peace officer certification—Reinstatement—Rules. A peace officer's certification lapses automatically when there is a break of more than 24 consecutive months in the officer's service as a law enforcement officer. A break in law enforcement service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the peace officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement. [ 2025 c 349 s 3; 2001 c 167 s 5.] RCW 43.101.126 Lapsed corrections officer certification—Reinstatement—Rules. A corrections officer's certification lapses automatically when there is a break of more than 24 consecutive months in the officer's service as a corrections officer. A break in corrections service which is due solely to the pendency of direct review or appeal from a disciplinary discharge, or to the pendency of a work-related injury, does not cause a lapse in certification. The officer may petition the commission for reinstatement of certification. Upon receipt of a petition for reinstatement of a lapsed certificate, the commission shall determine under this chapter and any applicable rules of the commission if the corrections officer's certification status is to be reinstated, and the commission shall also determine any requirements which the officer must meet for reinstatement. The commission may adopt rules establishing requirements for reinstatement. [ 2025 c 349 s 4; 2020 c 119 s 6.] RCW 43.101.135 Separation of peace or corrections officer—Notification to commission—Investigation—Civil penalty. (1)(a) 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. (b) 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. (2) In addition to those circumstances under subsection (1) of this section and whether or not disciplinary proceedings have been concluded, the employing agency shall: (a) 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 (b) 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. (3) 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 and complete the investigation and provide all relevant information to the commission as if the officer were still employed by the agency. (4) 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. (5) At its discretion, the commission may: (a) Initiate decertification proceedings upon conclusion of any investigation or disciplinary proceedings initiated by the employing agency; (b) Separately pursue action against the officer's certification under RCW 43.101.105; or (c) 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. (6) 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. (7) An employing agency may not enter into any agreement or contract with an officer, or union: (a) 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 (b) 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. (8) The commission shall maintain all information provided pursuant to this section in a permanent file. (9) 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. [ 2021 c 323 s 11; 2001 c 167 s 6.] RCW 43.101.145 Written complaint to deny, suspend, or revoke peace or corrections officer certification—Immunity of complainant. (1) Any individual 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. (2) 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. (3) 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 conduct that would constitute a violation of RCW 43.101.105 (2) or (3). The commission must consider the agency's policies and procedures and the officer's job duties and assignment in determining what constitutes a pattern. (4) 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. [ 2021 c 323 s 12; 2001 c 167 s 8.] RCW 43.101.155 Denial, suspension, or revocation of peace or corrections officer certification—Statement of charges—Notice—Hearing. (1) 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 60 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 60-day period constitutes a default, whereupon the commission may enter an order under RCW 34.05.440. (2) 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 and written notice of the hearing to the officer, and provide public notice on the commission website, specifying the time, date, and place of hearing. [ 2021 c 323 s 13; 2001 c 167 s 9.] RCW 43.101.157 Tribal police officer certification. (1) 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. To ensure clarity regarding the requirements with which the tribal government and its police officers must comply should the tribal government request certification, a tribal government may first request consultation with the commission. (2) 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. [ 2021 c 323 s 14; 2006 c 22 s 2.] NOTES: Effective date— RCW 43.101.170 Training and education obtained at approved existing institutions. In establishing standards for training and education, the commission may, so far as consistent with the purposes of *RCW 43.101.160, permit required training and education of any criminal justice personnel to be obtained at existing institutions approved for such training by the commission. [ 1974 ex.s. c 94 s 17.] NOTES: *Reviser's note: RCW 43.101.190 Grants, funds, or gifts—Administration—Utilization of federal funds. (1) The commission, or the executive director acting on its behalf, is authorized to accept any money or property donated, devised, or bequeathed to the commission, and accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies, for the purpose of carrying out the provisions of this chapter. (2) The commission is prohibited from considering any input on the commission's policy decisions or curricula from any person who has donated, devised, or bequeathed property under this section. The commission may determine the value of any property donated, devised, or bequeathed for the purpose of recognizing donations under this section. To the extent feasible, the commission shall coordinate any money or property donated, devised, or bequeathed to the commission with any grant applications or any other sources of funding or gifts. (3) The services provided by the state through the establishment and maintenance of the programs of the commission are primarily intended for the benefit of the criminal justice agencies of the counties, cities, and towns of this state. To the extent that funds available to the state under the Crime Control Act of 1973 are utilized by the commission, it is the determination of the legislature that, to the maximum extent permitted by federal law, such funds as are so utilized shall be charged against that portion of United States law enforcement assistance administration funds which the state is required to make available to units of local government pursuant to section 303(a)(2) of Part C of the Crime Control Act of 1973. [ 2024 c 335 s 1; 1974 ex.s. c 94 s 19.] RCW 43.101.200 Law enforcement personnel—Basic law enforcement training required—Commission to provide. (1) Except as provided in subsection (2) of this section, all law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080. For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first 15 months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment. Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990. (2)(a) All law enforcement personnel who are limited authority Washington peace officers and whose employment commences on or after July 1, 2023, shall commence basic training during the first 12 months of employment unless the basic training requirement is otherwise waived or extended by the commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after July 1, 2023. (b)(i) The commission shall review the training files of all law enforcement personnel who are limited authority Washington peace officers, whose employment commenced prior to July 1, 2023, and who have not successfully completed training that complies with standards adopted by the commission, to determine what, if any, supplemental training is required to appropriately carry out the officers' duties and responsibilities. (ii) Nothing in this section may be interpreted to require law enforcement personnel who are limited authority Washington peace officers, whose employment commenced prior to July 1, 2023, to complete the basic law enforcement training academy as a condition of continuing employment as a limited authority Washington peace officer. (iii) Law enforcement personnel who are limited authority Washington peace officers are not required to complete the basic law enforcement academy or an equivalent basic academy upon transferring to a general authority Washington law enforcement agency or limited authority Washington law enforcement agency, as defined in RCW 10.93.020, if they have: (A) Been employed as a special agent with the Washington state gambling commission, been a natural resource investigator with the department of natural resources, been a liquor enforcement officer with the liquor and cannabis board, been an investigator with the office of the insurance commissioner, or been a park ranger with the Washington state parks and recreation commission, before or after July 1, 2023; and (B) Received a certificate of successful completion from the basic law enforcement academy or the basic law enforcement equivalency academy and thereafter engaged in regular and commissioned law enforcement employment with an agency listed in (b)(iii)(A) of this subsection without a break or interruption in excess of 24 months; and (C) Remained current with the in-service training requirements as adopted by the commission by rule. (3) Except as provided in RCW 43.101.170, the commission shall provide the aforementioned training and shall have the sole authority to do so. The commission shall provide necessary facilities, supplies, materials, and the board and room of noncommuting attendees for seven days per week, except during fiscal year 2024 and during the 2025-2027 fiscal biennium, when the employing, county, city, or state law enforcement agency shall reimburse the commission for 25 percent of the cost of training its personnel. Additionally, to the extent funds are provided for this purpose, the commission shall reimburse to participating law enforcement agencies with 10 or less full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training: PROVIDED, That such reimbursement shall include only the actual cost of temporary replacement not to exceed the total amount of salary and benefits received by the replaced officer during the training period: PROVIDED FURTHER, That limited authority Washington law enforcement agencies as defined in RCW 10.93.020 shall reimburse the commission for the full cost of training their personnel. [ 2025 c 424 s 954; 2025 c 349 s 5; 2024 c 376 s 908. Prior: 2023 c 475 s 931; 2023 c 168 s 2; prior: 2021 c 334 s 977; 2021 c 323 s 31; 2019 c 415 s 969; 2017 3rd sp.s. c 1 s 973; 2015 3rd sp.s. c 4 s 957; 2013 2nd sp.s. c 4 s 982; 2011 1st sp.s. c 50 s 949; 1997 c 351 s 13; prior: 1993 sp.s. c 24 s 920; 1993 sp.s. c 21 s 5; 1989 c 299 s 2; 1977 ex.s. c 212 s 2.] NOTES: Reviser's note: RCW 43.101.205 Training on interaction with persons with substance use disorders. (1) Beginning July 1, 2022, all law enforcement personnel required to complete basic law enforcement training under RCW 43.101.200 must receive training on law enforcement interaction with persons with substance use disorders, including persons with co-occurring substance use disorders and mental health conditions, and referral to treatment and recovery services and the unique referral processes for youth, as part of the basic law enforcement training. The training must be developed by the commission in collaboration with the University of Washington behavioral health institute and agencies that have expertise in the area of working with persons with substance use disorders, including law enforcement diversion of such individuals to community-based care. In developing the training, the commission must also examine existing courses certified by the commission that relate to persons with a substance use disorder, and should draw on existing training partnerships with the Washington association of sheriffs and police chiefs. (2) The training must consist of classroom instruction or internet instruction and shall replicate likely field situations to the maximum extent possible. The training should include, at a minimum, core instruction in all of the following: (a) Proper procedures for referring persons to the recovery navigator program in accordance with RCW 71.24.115; (b) The etiology of substance use disorders, including the role of trauma; (c) Barriers to treatment engagement experienced by many with such disorders who have contact with the legal system; (d) How to identify indicators of substance use disorder and how to respond appropriately in a variety of common situations; (e) Conflict resolution and de-escalation techniques for potentially dangerous situations involving persons with a substance use disorder; (f) Appropriate language usage when interacting with persons with a substance use disorder; (g) Alternatives to lethal force when interacting with potentially dangerous persons with a substance use disorder; (h) The principles of recovery and the multiple pathways to recovery; and (i) Community and state resources available to serve persons with substance use disorders and how these resources can be best used by law enforcement to support persons with a substance use disorder in their communities. (3) In addition to inco