CJTC oversight

AN ACT Relating to state oversight and accountability of the 1
criminal justice training commission; amending RCW 43.101.010, 2
43.101.080, and 43.101.380; and adding a new section to chapter 3
43.101 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.101.010 and 2025 c 349 s 1 are each amended to 6
read as follows: 7
When used in this chapter: 8
(1) "Applicant" means an individual who has received a 9
conditional offer of employment with a law enforcement or corrections 10
agency. 11
(2) "Certified" means the individual has met the background check 12
requirements under this chapter; completed the basic law enforcement 13
academy, the corrections officer academy, or other training as 14
determined by the commission; and fulfilled any other requirements 15
adopted by the commission in rule, and has been granted a license by 16
the commission to serve as an officer. 17
(3) "Chief for a day program" means a program in which 18
commissioners and staff partner with local, state, and federal law 19
enforcement agencies, hospitals, and the community to provide a day 20
of special attention to chronically ill children. Each child is 21
H-2615.2
HOUSE BILL 2220
State of Washington 69th Legislature 2026 Regular Session
By Representatives Leavitt, Burnett, Richards, Abell, Reeves, and
Davis
Prefiled 12/30/25. Read first time 01/12/26. Referred to Committee
on Community Safety.
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selected and sponsored by a law enforcement agency. The event, "chief 1
for a day," occurs on one day, annually or every other year and may 2
occur on the grounds and in the facilities of the commission. The 3
program may include any appropriate honoring of the child as a 4
"chief," such as a certificate swearing them in as a chief, a badge, 5
a uniform, and donated gifts such as games, puzzles, and art 6
supplies. 7
(4) "Commission" means the Washington state criminal justice 8
training commission. 9
(5) "Commissioned" means the appointing entity has granted 10
authority in accordance with local or state law, to act as a peace 11
officer or corrections officer. However, for railroad police officers 12
commissioned under RCW 81.60.010 through 81.60.060, "commissioned" 13
has the meaning provided in chapter 81.60 RCW. 14
(6) "Convicted" means at the time a plea of guilty, nolo 15
contendere, or deferred sentence has been accepted, or a verdict of 16
guilty or finding of guilt has been filed, notwithstanding the 17
pendency of any future proceedings, including but not limited to 18
sentencing, posttrial or postfact-finding motions and appeals. 19
"Conviction" includes all instances in which a plea of guilty or nolo 20
contendere is the basis for conviction, all proceedings in which 21
there is a case disposition agreement, and any equivalent disposition 22
by a court in a jurisdiction other than the state of Washington.23
(7) "Correctional personnel" means any employee or volunteer who 24
by state, county, municipal, or combination thereof, statute has the 25
responsibility for the confinement, care, management, training, 26
treatment, education, supervision, or counseling of those individuals 27
whose civil rights have been limited in some way by legal sanction.28
(8) "Corrections officer" means any corrections agency employee 29
whose primary job function is to provide for the custody, safety, and 30
security of adult persons in jails and detention facilities in the 31
state. "Corrections officer" does not include individuals employed by 32
state agencies. 33
(9) "Criminal justice personnel" means any person who serves as a 34
peace officer, reserve officer, or corrections officer.35
(10) "Finding" means a determination based on clear and 36
convincing evidence for a revocation or suspension of certification, 37
or a preponderance of the evidence for a probation or retraining, 38
whether alleged misconduct occurred; did not occur; occurred, but was 39
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consistent with law and policy; or could neither be proven or 1
disproven. 2
(11) "Law enforcement personnel" means any person elected, 3
appointed, or employed as a general authority Washington peace 4
officer as defined in RCW 10.93.020 or as a limited authority 5
Washington peace officer as defined in RCW 10.93.020 who as a normal 6
part of their duties has powers of arrest and carries a firearm. For 7
the purposes of this chapter, "law enforcement personnel" does not 8
include individuals employed by the department of corrections.9
(12) "Limited authority Washington law enforcement agency" has 10
the same meaning as defined in RCW 10.93.020. 11
(13) "Peace officer" has the same meaning as a general authority 12
Washington peace officer as defined in RCW 10.93.020. Commissioned 13
officers of the Washington state patrol, whether they have been or 14
may be exempted by rule of the commission from the basic training 15
requirement of RCW 43.101.200, are included as peace officers for 16
purposes of this chapter. Fish and wildlife officers with enforcement 17
powers for all criminal laws under RCW 77.15.075 are peace officers 18
for purposes of this chapter. Limited authority Washington peace 19
officers as defined in RCW 10.93.020, who have powers of arrest and 20
carry a firearm as part of their normal duty, are peace officers for 21
purposes of this chapter. For the purposes of this chapter, "peace 22
officer" does not include reserve officers or individuals employed by 23
the department of corrections. 24
(14) "Probation," "probationary periods," or "probationary terms" 25
means a determination by a hearing panel that a certified officer may 26
work under supervision based on agreed-upon terms.27
(15) "Reserve officer" has the same meaning as provided in RCW 28
10.93.020. 29
(((15))) (16) "Retraining" means the teaching or reteaching of 30
skills and conduct required to succeed as a certified officer and 31
imposed by the commission's hearings panel in a final order pursuant 32
to RCW 43.101.105.33
(17) "Revocation" means to remove a certified officer's 34
certification in a final order pursuant to RCW 43.101.105.35
(18) "Specially commissioned Washington peace officer" has the 36
same meaning as provided in RCW 10.93.020. 37
(((16))) (19) "Suspension" means a determination by a hearing 38
panel on agreed-upon terms in a final order pursuant to RCW 39
43.101.105 that a certified officer's certification will be withheld 40
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and the officer will be temporarily prevented from performing the 1
duties of a certified officer during the determined period.2
(20) "Tribal police officer" means any person employed and 3
commissioned by a tribal government to enforce the criminal laws of 4
that government. 5
Sec. 2. RCW 43.101.080 and 2021 c 323 s 6 are each amended to 6
read as follows: 7
The commission shall have all of the following powers and duties:8
(1) Conduct training, including the basic law enforcement academy 9
and in-service training, and assume legal, fiscal, and program 10
responsibility for all training conducted by the commission;11
(2) Grant, deny, suspend, or revoke certification of, or require 12
remedial training for, peace officers and corrections officers under 13
the provisions of this chapter; 14
(3) Grant, deny, suspend, or revoke certification of tribal 15
police officers whose tribal governments have agreed to participate 16
in the tribal police officer certification process;17
(4) Related to its duties under subsections (2) and (3) of this 18
section, provide for the comprehensive and timely investigation of 19
complaints where necessary to ensure adherence to law and agency 20
policy, strengthen the integrity and accountability of peace officers 21
and corrections officers, and maintain public trust and confidence in 22
the criminal justice system in this state; 23
(5) Establish, by rule and regulation, curricula and standards 24
for the training of criminal justice personnel where such curricula 25
and standards are not prescribed by statute; 26
(6) Own, establish, and operate, or contract with other qualified 27
institutions or organizations for the operation of, training and 28
education programs for criminal justice personnel;29
(7) Review and approve or reject standards for instructors of 30
training programs for criminal justice personnel, and employ 31
personnel from law enforcement agencies on a temporary basis as 32
instructors without any loss of employee benefits to those 33
instructors from those agencies; 34
(8) Direct the development of alternative, innovative, and 35
interdisciplinary training techniques; 36
(9) Review and approve or reject training programs conducted for 37
criminal justice personnel and rules establishing and prescribing 38
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minimum training and education standards, including continuing 1
education; 2
(10) Allocate financial resources among training and education 3
programs conducted by the commission; 4
(11) Purchase, lease, or otherwise acquire, subject to the 5
approval of the department of enterprise services, a training 6
facility or facilities and allocate training facility space among 7
training and education programs conducted by the commission;8
(12) Prepare and make available any forms, registers, courses of 9
study, laws and rules for the training, management, and 10
administration of law enforcement agencies, and such other material 11
and resources as may be necessary for the discharge of the duties of 12
peace officers and officials charged with the administration of the 13
laws relating to the provision of public safety and law enforcement 14
services, and distribute the same to city and county officials, 15
police chiefs, and sheriffs;16
(13) Issue diplomas certifying satisfactory completion of any 17
training or education program conducted or approved by the commission 18
to any person so completing such a program; 19
(((13))) (14) Provide for the employment of such personnel as may 20
be practical to serve as temporary replacements for any person 21
engaged in a basic training program as defined by the commission;22
(((14))) (15) Establish rules and regulations prescribing minimum 23
standards relating to physical, mental, and moral fitness which shall 24
govern the recruitment of criminal justice personnel where such 25
standards are not prescribed by statute or constitutional provision;26
(((15))) (16) Require county, city, port, or state law 27
enforcement and corrections agencies that make a conditional offer of 28
employment to an applicant as a fully commissioned peace officer, a 29
reserve officer, or a corrections officer to administer a background 30
investigation in accordance with the requirements of RCW 43.101.095 31
to determine the applicant's suitability for employment as a fully 32
commissioned peace officer, reserve officer, or corrections officer;33
(((16))) (17) Appoint members of a hearings panel as provided 34
under RCW 43.101.380; 35
(((17))) (18) Issue public recommendations to the governing body 36
of a law enforcement agency regarding the agency's command decisions, 37
inadequacy of policy or training, investigations or disciplinary 38
decisions regarding misconduct, potential systemic violations of law 39
or policy, unconstitutional policing, or other matters;40
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(((18))) (19) Promote positive relationships between law 1
enforcement and the residents of the state of Washington through 2
commissioners and staff participation in the "chief for a day 3
program." The executive director shall designate staff who may 4
participate. In furtherance of this purpose, the commission may 5
accept grants of funds and gifts and may use its public facilities 6
for such purpose. At all times, the participation of commissioners 7
and staff shall comply with chapter 42.52 RCW and chapter 292-110 8
WAC; 9
(((19))) (20) Adopt, amend, repeal, and administer rules and 10
regulations pursuant to the administrative procedure act, chapter 11
34.05 RCW, and the open public meetings act, chapter 42.30 RCW.12
NEW SECTION. Sec. 3. A new section is added to chapter 43.101 13
RCW to read as follows: 14
(1) By July 1, 2027, and July 1st of every odd-numbered year 15
thereafter, the chief, administrator, or sheriff of every law 16
enforcement agency and police department shall submit a report to the 17
criminal justice training commission. The biennial reports must 18
include: 19
(a) The total number and date of certification of each peace 20
officer employed; 21
(b) An aggregate of police department or agency peace officer 22
training records which must include: 23
(i) Mandatory and required peace officer training requirements, 24
including the number of required hours of training for each required 25
subject; and 26
(ii) The aggregate total of peace officers required to complete 27
each training subject and number of officer trainings successfully 28
completed by each required subject; and 29
(c) The aggregate number of peace officers, managers, or 30
administration employees decertified, and the reasoning for 31
decertification. 32
(2) By July 1, 2028, and July 1st of every even-numbered year 33
thereafter, and in compliance with RCW 43.01.036, the commission 34
shall submit a report to the governor and the legislature with a 35
summary of the reports required under subsection (1) of this section.36
Sec. 4. RCW 43.101.380 and 2025 c 349 s 6 are each amended to 37
read as follows: 38
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(1) The procedures governing adjudicative proceedings before 1
agencies under chapter 34.05 RCW, the administrative procedure act, 2
govern hearings before the commission and govern all other actions 3
before the commission unless otherwise provided in this chapter. The 4
standard of proof in actions before the commission is clear and 5
convincing evidence for a revocation or suspension of certification, 6
or a preponderance of the evidence for a probation or retraining.7
(2)(a) In all hearings requested under RCW 43.101.155, an 8
administrative law judge appointed under chapter 34.12 RCW shall be 9
the presiding officer and shall make all necessary rulings in the 10
course of the hearing, but is not entitled to vote. ((In addition))11
(b) For hearings in relation to a certification action of a 12
Washington peace officer or corrections officer , a ((five)) six-13
member hearings panel shall hear the case and make the commission's 14
final administrative decision. A simple majority must be attained to 15
enable any action. For hearings in relation to a certification action 16
of a tribal police officer, a five-member hearings panel shall hear 17
the case and make the commission's final administrative decision.18
(3) The commission shall appoint a panel to hear certification 19
actions as follows: 20
(a) When a hearing is requested in relation to a certification 21
action of a Washington peace officer, the commission shall appoint to 22
the panel: (i) One police chief or sheriff from an agency not a 23
current or past employer of the peace officer; (ii) ((one)) two 24
certified Washington peace officer s who ((is)) are at or below the 25
level of first line supervisor and who ((has)) have at least ten 26
years' experience as a peace officer; (iii) one civilian member of 27
the commission as appointed under RCW 43.101.030(1) (f) and (h) 28
through (j); (iv) one member of the public who is not a prosecutor, 29
defense attorney, judge, or law enforcement officer; and (v) one 30
person with expertise and background in police accountability who is 31
not a current or former peace officer or corrections officer.32
(b) When a hearing is requested in relation to a certification 33
action of a Washington corrections officer, the commission shall 34
appoint to the panel: (i) A person who heads either a city or county 35
corrections agency or facility or of a Washington state department of 36
corrections facility; (ii) ((one)) two corrections officer s who 37
((is)) are at or below the level of first line supervisor and who 38
((has)) have at least ten years' experience as a corrections officer; 39
(iii) one civilian member of the commission as appointed under RCW 40
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43.101.030(1) (f) and (h) through (j); (iv) one member of the public 1
who is not a prosecutor, defense attorney, judge, or law enforcement 2
officer; and (v) one person with expertise and background in police 3
accountability who is not a current or former peace officer or 4
corrections officer. 5
(c) When a hearing is requested in relation to a certification 6
action of a tribal police officer, the commission shall appoint to 7
the panel (i) one tribal police chief; (ii) one tribal police officer 8
who is at or below the level of first line supervisor, and who has at 9
least ten years' experience as a peace officer; (iii) one civilian 10
member of the commission as appointed under RCW 43.101.030(1) (f) and 11
(h) through (j); (iv) one member of the public who is not a 12
prosecutor, defense attorney, judge, or law enforcement officer; and 13
(v) one person with expertise and background in police accountability 14
who is not a current or former peace officer or corrections officer.15
(d) Persons appointed to hearings panels by the commission shall, 16
in relation to any certification action on which they sit, have the 17
powers, duties, and immunities, and are entitled to the emoluments, 18
including travel expenses in accordance with RCW 43.03.050 and 19
43.03.060, of regular commission members. 20
(4) In decertification matters where there was a due process 21
hearing or a disciplinary appeals hearing following an investigation 22
by a law enforcement agency, or a criminal hearing regarding the 23
alleged misconduct, the hearings panel need not redetermine the 24
underlying facts but may make its determination based solely on 25
review of the records and decision relating to those proceedings and 26
any investigative or summary materials from the administrative law 27
judge, legal counsel, and commission staff. However, the hearings 28
panel may, in its discretion, consider additional evidence to 29
determine whether misconduct occurred. The hearings panel shall, upon 30
written request by the subject peace officer or corrections officer, 31
allow the peace officer or corrections officer to present additional 32
evidence of extenuating circumstances. 33
(5) The commission is authorized to proceed regardless of whether 34
an arbitrator or other appellate decision maker overturns the 35
discipline imposed by the officer's employing agency or whether the 36
agency settles an appeal. No action or failure to act by a law 37
enforcement agency or corrections agency or decision resulting from 38
an appeal of that action precludes action by the commission to 39
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suspend or revoke an officer's certificate, to place on probation, or 1
to require remedial training for the officer. 2
(6) The hearings, but not the deliberations of the hearings 3
panel, are open to the public. The transcripts, admitted evidence, 4
and written decisions of the hearings panel on behalf of the 5
commission are not confidential or exempt from public disclosure, and 6
are subject to subpoena and discovery proceedings in civil actions.7
(7) Summary records of hearing dispositions must be made 8
available on an annual basis on a public website. 9
(8) The commission's final administrative decision is subject to 10
judicial review under RCW 34.05.510 through 34.05.598.11
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