HomeMy WebLinkAbout4201 Resolution - Police Department 2022 Strategic PlanCITY OF PASCO, WA
POLICE DEPARTMENT STRATEGIC PLAN
JUNE 21, 2022
600 COOLIDGE DR., STE. 150FOLSOM, CA 95630 PHONE: (916) 458-5100FAX: (916) 983-2090
WWW.CITYGATEASSOCIATES.COM
P O LIC E S E R V IC ES
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City of Pasco, Washington
Police Department Strategic Plan
Preamble page i
PREAMBLE
The City of Pasco in the City Council 2020–2021 Goals set forth six goals, each with multiple
objectives to guide the work of the City. The goals are: Quality of Life, Financial Sustainability,
Community Safety, Community Transportation Network, Economic Vitality, and Community
Identity.
One objective under Community Safety is:
◆ Develop a comprehensive and transparent Pasco Police Department Strategic Plan
to evaluate future service levels of the Department to ensure sustainability, public
safety, professionalism, and crime control.
In 2015, the Pasco Police Department formulated a high-level Strategic Plan to guide its
development as the City grew. The Mission, Vision, and Values from that plan continue to serve
the Department well and are incorporated into this 2021 plan.
OUR MISSION
We are dedicated to serving our community with excellent law enforcement services.
OUR VISION
We will ensure Pasco is a safe place to work, live, and visit. We will do this by engaging with our
community to strengthen their trust in us. We will maximize technology and best practices to solve
crime and make Pasco a safer community. We will create a culture for our employees to maximize
their talents and will recognize their value in accomplishing our mission.
ORGANIZATIONAL VALUES
PASSION: We are passionate about policing Pasco with the highest of ethics and integrity
while being transparent with our community
PRIDE: We take pride in our Department and the professional service we provide that instills
confidence from the community.
DEDICATED TO SERVE: We serve our diverse community by treating everyone with
dignity and respect while honoring our oath with humility and empathy.
This 2021 assessment and plan is very detailed and serves as an Applied Strategic Plan that deeply
reviews each aspect of the Department using data, gap analysis, and resultant findings to drive
phased recommendations over several fiscal years. This detailed plan is the roadmap of how the
Department can evolve, using what staffing and resources, to drive the why set forth by the Council
Goals which represent the community and the Department’s Mission, Vision, and Values.
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City of Pasco, Washington
Police Department Strategic Plan
Table of Contents page iii
TABLE OF CONTENTS
Section Page
Preamble ........................................................................................................................................................................ i
Our Mission .................................................................................................................................................i
Our Vision ...................................................................................................................................................i
Organizational Values .................................................................................................................................i
Table of Contents ........................................................................................................................................................iii
Executive Summary ..................................................................................................................................................... 1
Policy Choices Framework ........................................................................................................................ 1
Citygate’s Assessment—General Summary............................................................................................... 2
Summary of Findings and Recommendations by Topic ................................................................... 2
Next Steps .................................................................................................................................................. 5
Section 1—Introduction ............................................................................................................................................ 11
1.1 Report Organization ........................................................................................................................ 11
1.1.1 Goals of the Report ............................................................................................................. 12
1.2 Methodology ................................................................................................................................... 13
Section 2—City and Department Background ........................................................................................................ 15
2.1 City Background and Organizational History ................................................................................. 15
2.2 Agency Background and Organizational Overview ........................................................................ 17
2.2.1 Organization Chart ............................................................................................................. 18
2.2.2 Agency Benchmarking Comparison ................................................................................... 20
2.2.3 Recommended Organization Chart..................................................................................... 23
2.3 Pasco Crime Data ............................................................................................................................ 25
2.3.1 Crime Analysis and Data Analytics .................................................................................... 30
2.4 Strategic Plan .................................................................................................................................. 31
2.5 Leadership and Culture ................................................................................................................... 31
2.6 Employee Strengths, Weaknesses, Opportunities, and Threats (SWOT) Survey ........................... 32
2.7 Summary and Recommendations .................................................................................................... 33
Section 3—Community Engagement ....................................................................................................................... 35
3.1 Existing Community Engagement Practices ................................................................................... 35
3.2 Police-Community Relations .......................................................................................................... 36
3.3 Community Listening Summary ..................................................................................................... 37
3.3.1 The Four Questions ............................................................................................................ 38
3.3.2 Listening Session Common Themes .................................................................................. 39
3.4 Community Survey ......................................................................................................................... 40
Section 4—Field Operations Division ...................................................................................................................... 43
4.1 Organization, Staffing, and Scheduling .......................................................................................... 43
4.2 Supervision ..................................................................................................................................... 45
4.3 Demand for Service ........................................................................................................................ 46
4.3.1 Calls for Service Analysis .................................................................................................. 47
4.3.2 Call Volume Analysis ......................................................................................................... 47
4.3.3 Response Time Analysis .................................................................................................... 48
City of Pasco, Washington
Police Department Strategic Plan
Table of Contents page iv
4.3.4 Fractile and Average Response Time Measurement .......................................................... 49
4.3.5 Elements of Response Time ............................................................................................... 50
4.3.6 Response Time Methodology ............................................................................................. 50
4.3.7 Response Time—Call Handling and Officer Travel Time ................................................. 51
4.3.8 Demand for Service Summary ........................................................................................... 52
4.4 Workload Analysis .......................................................................................................................... 54
4.5 Traffic Deployment and Analysis ................................................................................................... 57
4.6 Community Service Officers (Alternative Response Mechanisms) ................................................ 59
Section 5—Alternative Response – Community Mental Health / Homelessness.................................................. 63
5.1 Community Mental Health .............................................................................................................. 63
5.2 Department Pilot Project ................................................................................................................. 65
5.3 Homelessness Outreach .................................................................................................................. 68
Section 6—Support Operations Division ................................................................................................................. 73
6.1 Investigation Services Division (Unit) ............................................................................................ 73
6.1.1 Case Management .............................................................................................................. 73
6.1.2 Victim / Witness Assistance Program ................................................................................ 74
6.1.3 Investigation Services Summary ........................................................................................ 76
6.2 Resource Division (Unit) ................................................................................................................ 76
6.2.1 Area Resource Officers Program ........................................................................................ 77
6.2.2 School Resource Officers ................................................................................................... 78
6.2.3 Resource Division (Unit) Summary ................................................................................... 80
6.3 Street Crimes Division (Unit) ......................................................................................................... 80
6.3.1 Case Management .............................................................................................................. 81
6.4 Communications ............................................................................................................................. 83
6.5 Records ........................................................................................................................................... 83
6.6 Property and Evidence .................................................................................................................... 87
6.7 Other Support Division Units.......................................................................................................... 89
6.7.1 Administrative Support Services ........................................................................................ 89
6.7.2 Accreditation ...................................................................................................................... 91
6.7.3 Online Reporting ................................................................................................................ 93
6.7.4 Volunteers in Police Services – Cadets and Reserve Officers ............................................ 93
6.8 Facilities .......................................................................................................................................... 95
6.9 Information Technology ................................................................................................................. 97
Section 7—Professional Standards Division .......................................................................................................... 101
7.1 Professional Standards Introduction.............................................................................................. 101
7.2 Internal Affairs Unit – Professional Standards Division ............................................................... 101
7.3 Training and Quartermaster .......................................................................................................... 103
7.4 Asset Management ........................................................................................................................ 107
7.5 De-Escalation, Crisis Intervention Training, Response ................................................................ 108
7.6 Legislation..................................................................................................................................... 109
7.6.1 Summary and Recommendations ..................................................................................... 112
Section 8—Fiscal Overview .................................................................................................................................... 113
8.1 City and Police Department Fiscal Overview ............................................................................... 113
8.1.1 City Fiscal Overview ........................................................................................................ 113
8.1.2 City Economic Development ............................................................................................ 114
City of Pasco, Washington
Police Department Strategic Plan
Table of Contents page v
8.1.3 Department Fiscal Overview ............................................................................................ 115
8.1.4 Department Status Quo Future Cost ................................................................................. 116
8.2 Cost Model .................................................................................................................................... 117
Section 9—Summary of Recommendations, Costs, and Findings ....................................................................... 121
9.1 Short- to Mid-Term Recommendations ........................................................................................ 121
9.1.1 Police Department Personnel Recommendations ............................................................. 121
9.1.2 Other Department Support Recommendations ................................................................. 122
9.1.3 Non-Personnel Support Recommendations ...................................................................... 122
9.2 Cost of Citygate Recommendations .............................................................................................. 123
9.2.1 Recommendations and Funding Priorities ........................................................................ 123
9.3 Findings ........................................................................................................................................ 126
9.4 Recommendations ......................................................................................................................... 130
Appendices
A—Estimated Personnel Costs for Recommended Position Additions
B—Workload Analysis
C—Community Survey Analysis
D—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Table of Tables
Table 1—Recommendations and Funding Priorities ..................................................................................................... 6
Table 2—Pasco Jurisdiction Population Trends .......................................................................................................... 17
Table 3—Sworn Officer to Population Comparison.................................................................................................... 20
Table 4—Command Structure Comparison................................................................................................................. 21
Table 5—Agency Turnover and New Hires – 2013–2021 .......................................................................................... 24
Table 6—UCR Part I Violent Crimes – 2009–2020 .................................................................................................... 27
Table 7—Field Operations Division Shift Squad Schedule ......................................................................................... 44
Table 8—Identified High Priority Calls Used to Measure Response Time – August 2018 through May 2021 .......... 49
Table 9—Public-Generated Police Activity for 2019 and 2020 .................................................................................. 53
Table 10—9-1-1-Generated and Officer-Initiated (All Activity, 2019) ...................................................................... 55
Table 11—Investigation Services Division Cases – 2016–2021 ................................................................................. 74
Table 12—School Resource Officers Call Volume – 2020–2021 ............................................................................... 79
Table 13—Street Crimes Unit – Total Cases Assigned – 2016–2021 ......................................................................... 82
Table 14—Records Requests – 2017–2021 ................................................................................................................. 86
Table 15—External Complaints – 2020 .................................................................................................................... 102
Table 16—Internal Complaints – 2020 ..................................................................................................................... 103
Table 17—In-Person Training Costs – 2017–2022 ................................................................................................... 103
Table 18—Estimated Department Status Quo Operations Costs Through CY 36–37 (Every Five Years) at Current
Population-to-Cost Ratio ........................................................................................................................................... 116
Table 19—Fully Burdened Personnel Costs by Position ........................................................................................... 119
Table 20—Police Department Full-Time Equivalent Recommendations.................................................................. 121
Table 21—Total Estimated Operational Cost of Recommendations – Five-Year Strategy ....................................... 123
Table 22—Recommendations and Funding Priorities ............................................................................................... 124
City of Pasco, Washington
Police Department Strategic Plan
Table of Contents page vi
Table of Figures
Figure 1—9-1-1 Patrol Calls for Service Forecast ...................................................................................................... 16
Figure 2—Pasco Police Department Organization Chart – 2020 ................................................................................ 19
Figure 3—Pasco Police Department Functional Organization Chart – 2021–2022 .................................................... 19
Figure 4—Pasco Recommended Police Department Organization Chart ................................................................... 23
Figure 5—UCR Part 1 Violent Crime Rates – 1986–2020 .......................................................................................... 25
Figure 6—UCR Part 1 Violent Crime Real Numbers – 1986–2020 ............................................................................ 26
Figure 7—UCR Part 1 Violent Crime Rates – 2009–2020 .......................................................................................... 26
Figure 8—UCR Part 1 Violent Crime Real Numbers – 2009–2020 ............................................................................ 27
Figure 9—UCR Part 1 Property Crime Rates – 2009–2020 ........................................................................................ 29
Figure 10—Part I Property Crime Real Numbers – 2009–2020 .................................................................................. 29
Figure 11—Calls for Service – Distinct Incidents and YoY Growth by Month .......................................................... 47
Figure 12—Top 25 Call Types – 2019 and 2020 ........................................................................................................ 48
Figure 13—High Priority 90% Call Handling Time and 90% Travel Time ................................................................ 51
Figure 14—Domestic Violence Coordinator Activity Statistics – 2016–2020 ............................................................ 75
Figure 15—Workload Trend for Property and Evidence – 2015–2021 ....................................................................... 88
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 1
EXECUTIVE SUMMARY
The City of Pasco (City) retained Citygate Associates, LLC (Citygate) to conduct a Public Safety
Strategic Plan for the Police Department (Department). This plan included reviewing the adequacy
of current and future deployment systems, staffing levels throughout the Department, sustainable
alternatives, mental health response, and organizational structure. The methodology utilized in this
Strategic Plan is discussed in Section 1 of this report. Citygate’s assessment includes a detailed
analysis of the response time, crime, and call data, which was available from the Department, that
drives staffing recommendations, as well as an analysis of the staffing of supervision,
management, and support functions in the Department. The Department provided incident and
other workload measures data. The Strategic Plan encompasses Citygate’s recommendations for
Department success over the next five years.
Overall, there are 39 key findings and 42 specific action item recommendations. These findings
and recommendations are presented throughout Sections 2 through 8 and are summarized in this
Executive Summary.
POLICY CHOICES FRAMEWORK
As the City Council understands, there are no mandatory federal or state regulations directing the
level of police field service staffing, response times, and outcomes. The International Association
of Chiefs of Police (IACP) recommends methods for determining appropriate staffing levels based
on local priorities. The National Emergency Number Association (NENA) provides standards for
9-1-1 call answering, and the Association of Public-Safety Communications Officials International
(APCO) and the International Academies of Emergency Dispatching (IAED) provide best
practices that illuminate staffing needs for Communications Centers that provide dispatch services.
Citygate recognizes and understands the City of Pasco collaborates with the Southeast
Communications Center (SECOMM) for dispatch services.
Using a data-driven framework as advocated in this report, the City can engage the community on
adapting public safety services in the future to use alternative and focused strategies while
addressing community-wide, neighborhood, and social issues relative to the services provided.
Personnel costs are the most significant cost center in any department budget. One of the City
Council’s greatest challenges is managing the scarce fiscal resources and allocating them across
the vast needs of municipal government safety operations. The recommendations in this Strategic
Plan are made based on best practices, Citygate’s experience, and guidelines established by
professional industry organizations. The City’s fiscal capabilities must be considered when
weighing these recommendations. Since there are no law enforcement national standards, the City
is well advised to use the advice and counsel of City management and the Police Chief for guidance
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 2
to determine where to allocate available resources to meet the service delivery expectations of the
community.
CITYGATE’S ASSESSMENT—GENERAL SUMMARY
Citygate’s overall assessment of the Police Department is very positive. The members of the
Department are extremely dedicated to the community they serve and display a level of
professional competence of which the City can be proud. No organization is perfect, and many of
the findings and recommendations in this report are items the Department is well aware of and is
already taking steps to implement. The Department has a Police Chief and Executive Management
staff who are familiar with the organization and the community and understand the greater Tri-
Cities area and the expanded growth that is impacting the City and will continue to do so. The
Chief and Executive Management’s understanding of where Pasco is today and where Pasco will
be in the future will serve the City well.
Thirty-six Washington State legislative bills impacting law enforcement were signed into law
during 2021. Due to these legislative changes, the City of Pasco and the Pasco Police Department
requested Citygate conduct a detailed review and analysis of the new bills. As part of the analysis,
Citygate developed an impact and implementation matrix the Department will be able to utilize
moving forward. The matrix is located in Appendix D. The legislative findings also drive the
assessment and recommendations for each section of the Strategic Plan.
Summary of Findings and Recommendations by Topic
The following is a summary of Citygate’s findings and recommendations by topic. A
comprehensive list of all findings and recommendations is provided in Section 9.
Recommendations are also summarized in a table at the end of this Executive Summary.
Capstone Organizational Findings
The Department has a tradition of focusing on front-line patrol staff positions. Current
headquarters positions are responsible for a multitude of ancillary assignments. Overall, Citygate
finds many aspects of the Department thinly staffed. Even before the City grows further, the thin
staffing means the possibility of single-point failure, where only one or two specialists being lost
to injury or time off means that work cannot be accomplished effectively, if at all. There also needs
to be staffing depth in Patrol and supervision to allow for normal or injury absences without
causing inadequate daily staffing or supervision. Finally, safe, effective policing means quality
supervision at serious incidents and training programs, with quality control oversight.
The Department has an opportunity to invest in alternative service delivery mechanisms,
implement support positions, enhance front-line supervision, and create a middle management
rank. These opportunities represent positive organizational infrastructure support for the future of
the organization. Department infrastructure growth supports current and impending state
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 3
legislation and best practice policing. Citygate’s strategic findings and recommendations provide
a road map for City leadership and the organization, reflective of the City’s Comprehensive Plan,
as well as best practice policing in the 21st century.
Field Operations
Having supervisors (Police Sergeants) out in the field and unburdened by administrative tasks is
critical for any police agency. Department analysis shows that current patrol supervisory staffing
levels are insufficient. In addition to a lack of adequate front-line supervision, the Department does
not have a middle management rank. Increasing front-line supervision and implementing a middle
management rank would allow the Department to establish minimum staffing levels for
supervision. The Department should consider the implementation of civilian positions as a cost-
effective service option that would allow sworn staff to focus on community safety functions. The
Department should also consider the implementation of a formalized traffic unit. Call volume,
committed time, and identified computer-aided dispatch (CAD) information represent several of
many factors associated with effective and efficient policing models.
The Department and City Council have not historically used response time goals for patrol staffing,
given that the City was smaller. Currently, the City is large enough (and is still growing) for
adopted response time goals.
Response time goals typically have at least four measures:
◆ First unit response to 9-1-1 high priority calls where harm to persons is underway
or is very likely to soon occur without prompt officer response and de-escalation
techniques
◆ Second officer response to the high priority life and injury situations where, for
officer and public safety, two officers at a minimum are required to gain entry or
access to the persons involved
◆ Medium priority incidents where an officer response is still needed quickly, but not
immediately or with red lights and siren
◆ Incidents that are already over but need reporting and documentation from a sworn
officer or community service officer, or through online tools.
The use of response time goals along with overall demands on an officer’s time on patrol allow a
department to ensure enough officers are on duty and are spaced across the community (beats or
districts) for high priority immediate response, while also having multiple officers in the area to
provide a backup second officer as needed, to handle low priority incidents and for proactive
community policing time.
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 4
Investigation Services
Supervisory span of control in the Investigation Services Division is high. The volume of
domestic/child/sexual assault cases warrants a specialized unit within Investigation Services. The
Department has an opportunity to implement a full-time Victim Advocate position and has filled
last year’s Crime Analyst vacancy. The current Victim Advocate supports three agencies so the
Pasco Police Department’s benefits from this position are limited. The Department should consider
the high span of control for the current Area Resource Supervisor and establishing a separate
Public Information Officer (PIO) position aligned with the Chief’s Office. City growth will require
additional resources in the School Resource Officer program. These recommendations include
increased sworn and civilian personnel at the front-line, supervisory, and middle management
ranks. As the Department moves forward, workload measurement indicators should be developed
and tracked. Additionally, with the passage of Washington State legislation (Engrossed Substitute
House Bill) ESHB 1113, School Resource Officer programs will have more responsibilities that
require more training and supervision.
Support Operations
The Department should consider establishing a succession plan for the Records Unit. The
Department should consider the implementation of a Records Unit Supervisor and establishing
ongoing workload measurement indicators to track current and future workload. The Department
should also consider shifting the current backup Evidence Technician who works in the Records
Unit to a more appropriate bureau and unit.
The Department should continue to engage in Citizen’s Academies, community forums, and
community engagement events. One of the benefits of community involvement is growth in the
Volunteers in Policing Program. Volunteers can provide thousands of annual hours throughout all
Department bureaus and units.
The Department does not have a management analyst who can provide the required data to support
the organization. Citygate recommends implementation of a Management Analyst position. This
position could provide critical assistance with budgeting, finance, internal and external reporting,
grant management, payroll and re-imbursement assistance, asset allocation, and internal tracking.
Professional Standards Division
Internal Affairs investigation responsibilities at the front-line supervisory level are shared by the
Training Sergeant and Patrol Sergeants. Front-line supervisors should handle informal
administrative complaints as part of their supervisory responsibilities and should assist the
Sergeants with formal complaints initiated at the front-line supervisory level. Based on 21st
Century Policing and current and impending state legislative changes, the Department should
enhance the Internal Affairs Unit and the Training Unit. Establishing an Administrative Division
including Training and a Professional Standards Division to provide accountability aligns with
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 5
best practices for managing policy, procedure, Internal Affairs complaints, citizen complaints,
training, equipment, de-escalation policy and review, high-liability management, recruitment, and
retention. In day-to-day operations, these positions would be under the direction of a Captain and
the Deputy Chief. However, an Internal Affairs office would be a direct link to the Chief of Police,
with additional support through the proposed Executive Assistant position. In addition, the
Department is also considering opportunities to provide and host a Regional Training Facility.
Administrative Units will need to have updated software platforms for a variety of accountability
concerns including, but not limited to, Force Options Simulator training, barcoded Quartermaster
systems, and Training Management platforms for tracking assets and training.
Economic Development
The major economic industries in the City consist of agriculture, manufacturing, transportation,
technology, healthcare, retail, wholesale, and government. Per the City’s Comprehensive Plan,
approximately 22,000 residential units currently exist, with an expected need for an additional
15,200 approximate units due to probable population increases. The City has available land space
to support the on-going, industrial, commercial, and residential growth. Another 2,800 acres were
just added to the Urban Growth Plan. Population is addressed in the Demand for Service section
of this report (Section 4.3).
NEXT STEPS
The purpose of this Strategic Plan is to compare the City’s current performance against the local
risks to be protected and nationally recognized best practices. This analysis of performance forms
the basis from which to make recommendations for changes, if any, in police operations,
equipment, and staffing. Recommendations take time and fiscal capacity, more so as the impacts
of COVID-19 continue to unfold on local and state economies. Citygate suggests the following
steps moving forward:
◆ Review the content, findings, and recommendations of this report.
◆ Adopt response performance goals as recommended.
◆ Direct staff to return with a year-over-year, prioritized deployment improvement
and support services review, as needed, and modify it based on budget priorities for
the five-year implementation plan. The following table (1) lists all
recommendations in summary form, (2) identifies those that can be implemented at
no cost (other than staff time), and (3) for the remaining recommendations requiring
a General Fund expense to implement, identifies the funding priority level. While
funding priorities are identified, these recommendations are not presented in
priority order.
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 6
Table 1—Recommendations and Funding Priorities
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
1 Add a middle management rank X
1
Add three Lieutenants initially (two in Field
Operations, one in new Professional Standards
Division)
X
2 Add four Police Sergeants to Field Operations X
3 Re-engage the social media program X
4 Establish response time goals X
5 Establish a culture of data measures for work activity X
6 Consider adding six Patrol Officers across shifts X
7 Consider establishing a formal Traffic Unit X
7 Add one Sergeant X
8 Consider establishing Community Service Officers
within the organization X
9 Continue multi-agency partnerships for mental health
and homeless strategies X
10 Identify internal and external outcomes for mental
health and homelessness X
11 Continue with 40-hour Crisis Intervention Team Training
and incorporate additional annual training X
12 Continue to participate in the establishment of
Countywide homeless strategic plans X
13 Consider adding one Sergeant to Investigation Services
to supervise new Special Victims Unit X
13
Consider adding one Detective to the Special
Victims Unit and transfer three of seven
Detectives to Unit
X
14 Consider adding one Sergeant to Support Services to
supervise new School Resource Officer Unit X
15 Consider seeking additional funding from the school
district to support SRO positions X
16
Consider combining the School Resource Officers and
the Area Resource Officers under a newly formed
Bureau
X
16 Add one Lieutenant to manage Bureau X
17 Consider caseload metrics for Street Crimes Unit
efficacy measurements X
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 7
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
18 Consider investigative staffing increases based on
population growth and workload X
19 Consider conversion of the current Records Lead to a
Records Supervisor X
19 Consider adding one Police Services Specialist
to Records X
20 Consider adding Volunteers in Policing to assist
Records staff X
21 Consider investing in updated Crime Scene
Investigation drying lockers X
22 Consider converting the current Administrative
Assistant II to Executive Assistant X
22 Consider backfilling Administrative Assistant II
position X
22
Consider adding one Administrative Support
Services position (.5 for Field Operations
Division, .5 for Support Operations Division)
X
22 Consider adding one Administrative Support
Services position for Investigation Services X
23 Consider enhancing software coding to increase
electronic reporting efficiency X
24 Consider accessing the viability of online reporting X
25 Consider developing and training Citizen Volunteers X
26 Develop facilities able to meet all aspects of
organizational and community needs X
27 Keep capital improvement planning an ongoing priority X
28 Place lock boxes next to holding and interview rooms X
29 Purchase the online reporting module of the new Tyler
CAD/RMS system X
30 Replace Detective workstations with laptops X
31 Consider establishing a Department-wide training plan X
32 Consider the purchase of an equipment barcoding
system X
33 Complete comprehensive fee and charge reviews at
one- to three-year increments X
34 Explore revenue options such as a tax levy and grants X
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 8
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
35
Analyze future Capital Improvement Plan needs,
ensuring those recommendations are in the City’s future
Capital Improvement Plans
X
36 Complete the process of creating a formal long-term
financial forecast model. X
37 Review current IT equipment functionality and overall
support X
38
Formalize financial policies and procedures
documentation. Conduct training and establish
monitored compliance
X
39
Continue with improved support, communication, and
interaction between the Finance Department and the
Police Department
X
40 Consider hiring a Management Analyst dedicated to
budget and finance-related duties X
Note that the following two recommended positions are outside of the Police Department
41 Hire a mechanic to address the workload increase from
purchasing more vehicles X
42
Hire an administrative support position to support the
Finance Department and Human Resources
Department with Police Department workload increases
X
The estimated costs to implement these recommendations total approximately $4.7 million
consisting of adding 22 positions to the Police Department discussed in the above matrix, 18
vehicles, and support costs such as personnel equipment, services and supplies, as well as general
overhead and internal service charges. This amount does not include estimates for general program
expansion/revision recommendations listed above due to the uncertainty of the levels and costs
that would be involved. Outside of the Police Department, the addition of one mechanic position
and one administrative support position (to support the Finance and Human Resources
Departments) are also recommended. The hiring of these positions should be staggered to coincide
with the hiring of the Police Department positions.
Citygate recognizes the addition of four full-time employees in the 2021–2022 mid-cycle budget.
These positions have been discussed with the Police Department throughout the project study and
support Citygate’s findings and recommendations. Although the mid-cycle approvement of a
Police Captain is not within the recommended positions, Citygate supports this position and has
had on-going conversation with the organization regarding the benefits of this position and the
enhancements to an Administrative Division within the Department. The added organizational
infrastructure will benefit the City, community, and Department moving forward. Citygate
City of Pasco, Washington
Police Department Strategic Plan
Executive Summary page 9
recognizes the importance of recommended positions as the City of Pasco concurrently invests in
facilities, training capabilities, space needs assessments, and Capital Improvement Planning for
future needs. The Police Department and City are commended for pursuing these opportunities,
which represent future organizational infrastructure support for continued growth and community
needs.
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City of Pasco, Washington
Police Department Strategic Plan
Section 1—Introduction page 11
SECTION 1—INTRODUCTION
Citygate is pleased to present this Strategic Plan for the City of Pasco’s Police Department. This
introductory section will discuss the organization of the Strategic Plan, the project scope of work,
and the methodology used by Citygate.
1.1 REPORT ORGANIZATION
This report is organized into the following sections.
Executive Summary: A summary of current services and findings and
recommendations summary by topic. A discussion of next steps is also provided
with a table that summarizes recommendations and their funding priority level.
Section 1 Introduction: An introduction to the report’s organization; goals, including project
scope; and project methodology.
Section 2 City and Department Background: A discussion of City and agency background,
history, and organization. The City’s crime data, Strategic Plan, leadership and
culture, as well as a SWOT survey are also discussed.
Section 3 Community Engagement: An explanation of existing community engagement
practices, police-community relations, and a summary of the community listening
sessions and the community survey.
Section4 Field Operations Division: A review of the Field Operations Division organization,
staffing, scheduling, and supervision. Demand for service, response time, workload
and traffic deployment analyses, and alternative response mechanisms are also
discussed.
Section 5 Alternative Response – Community Mental Health / Homelessness: An explanation
of community mental health, a Department pilot project, and the Department’s
homeless outreach efforts.
Section 6 Support Operations Division: A review of the Investigation Services Unit, the
Resource and Street Crimes Divisions, Communications, Records, Property and
Evidence, and other Support Division Units including Administrative Support,
Accreditation, Online Reporting, and Volunteers in Police Services. Facilities and
the IT Department are also discussed.
Section 7 Professional Standards Division: A review of Internal Affairs, training, asset
management, and the impact of current legislation.
City of Pasco, Washington
Police Department Strategic Plan
Section 1—Introduction page 12
Section 8 Fiscal Overview: An overview of the City and Department’s fiscal condition,
economic development, and an estimated cost model for adding recommended
positions.
Section 9 Summary of Recommendations, Cost, and Findings: A comprehensive list of all
personnel FTE recommendations and their associated costs that appear in this
report, as well as a summary list of all findings and recommendations that appear
throughout the report.
Appendices A—Estimated Personnel Costs for Recommended Position Additions
B—Workload Analysis
C—Community Survey Analysis
D—Washington State Law Enforcement 2021 Legislative Bills—Impact and
Implementation Analysis
In this report, the term “Department” will be used when referring to the police agency itself, and
the term “City” will be used when referring to the City of Pasco.
1.1.1 Goals of the Report
In this report, Citygate cites findings and makes recommendations, as appropriate, related to each
finding. Findings and recommendations throughout this report are sequentially numbered. A
complete list of these findings and recommendations is provided in Section 9 of this report.
This document provides technical information about how police services are provided and legally
regulated and how the Department currently operates. This information is presented in the form of
recommendations and policy choices for consideration by the Department and City. The result is
a sound technical foundation upon which to understand the advantages and disadvantages of the
choices facing Department and City leadership regarding the best way to provide police services
and, more specifically, at what level of desired outcome and expense.
Project Scope
The scope of this police services Strategic Plan included the following elements:
◆ Assess and evaluate current and future service demands, service levels, and
standards for service delivery, including, but not limited to, staffing (including
support staff), equipment needs, types and location of facilities, and crime
prevention.
◆ Using empirical and objective methods, identify efficient staffing levels, minimum
staffing levels for service demand, and metrics for determining the need for
additional staffing based on major long-range planning documents.
City of Pasco, Washington
Police Department Strategic Plan
Section 1—Introduction page 13
◆ Utilizing these same methods, prioritize current and recommended services and
service levels.
◆ Identify multiple fiscally sustainable alternatives and corresponding service levels
to meet service demands for officer response with community policing as a focus
of deployment.
◆ Model financial costs of each alternative developed to include current and future
staff, facility needs, and impacts to the municipal court and jail.
◆ Review current financial resources, including growth-related revenue projections,
and evaluate options to provide additional sustainable long-term resources that
could be dedicated to support the alternatives presented.
◆ For each alternative, include an evaluation of organizational structure and provide
recommendations regarding supervision and command staff as population and
operational staff increase.
◆ Assess the logistical adequacy of current facilities and their ability to continue to
house staffing, as well as evaluate interim and long-term options.
◆ Evaluate the use and potential expansion of volunteers and recommend supervision
and management of volunteer programs.
◆ Assess the use of Mobile Outreach Professionals (embedded mental health) and
provide recommendations for deployment.
◆ Review state legislative impacts on organizational impacts and daily operations,
and provide input on training, staffing, and impacts associated with current and
ongoing legislative reforms affecting the Pasco Police Department and the Pasco
community.
1.2 METHODOLOGY
In preparing this Strategic Plan, Citygate consultants engaged in the following processes:
1. Reviewed available documents and records relating to the management, operation,
and budgeting of the Department.
2. Conducted interviews with sworn and professional staff throughout the
Department.
3. Issued and analyzed SWOT documents.
4. Conducted interviews with key City stakeholders.
City of Pasco, Washington
Police Department Strategic Plan
Section 1—Introduction page 14
5. Conducted interviews with key community stakeholders.
6. Conducted a Community Survey in partnership with the Department.
7. Conducted two Community Forums in partnership with the Department.
8. Conducted an on-site visit.
9. Reviewed available computer-aided dispatch (CAD) and workload measurement
data.
10. Conducted an in-depth legislative review, interviews, and review of organizational
impacts.
11. Considered best practices in other agencies for applicability to the City of Pasco.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 15
SECTION 2—CITY AND DEPARTMENT BACKGROUND
2.1 CITY BACKGROUND AND ORGANIZATIONAL HISTORY
The City of Pasco was incorporated in 1891 and currently encompasses 30-plus square miles of
total land. Located in Franklin County and adjacent to Benton County, Kennewick, and Richland,
it comprises one of the principal cities of the Tri-Cities area. According to 2020 population
estimates by the Office of Financial Management, the population of Pasco was 77,100, with
continued year-over-year growth. According to census data, between 1970 and 2020 the City
experienced tremendous growth, which the City of Pasco expects to continue for the next two
decades. Growth has been compounded at more than 21 percent over the past 10 years.
Pasco’s demographic breakdown is 38.1 percent White (not Hispanic or Latino), 55.5 percent
Hispanic or Latino, 5.2 percent multi-racial, 2.4 percent Asian, 2.2 percent Black or African
American, .2 percent Native Hawaiian or Pacific Islander, and 1.4 percent American Indian and
Alaska Native.1
There are several colleges and universities in the Tri-Cities impacting the greater metropolitan
area. Residential, commercial, and industrial growth, including local, regional, and national
companies supporting local, state, and national economies, continues. The City of Pasco provides
many advanced opportunities for current and future growth, for a variety of housing opportunities,
as well as business, commercial, and industrial commerce. Local, regional, state, and national
economic development also includes the Port of Pasco and the Pasco Airport. Capital
improvement, land development, and the General Plan seem to coincide with income, diversity,
and education growth in the Tri-Cities.
◆ Citygate estimates population growth at approximately 0.2 percent per month
through June 2025, to approximately 85,538.
◆ Citygate examined 19 months of Police 9-1-1 call for service data from August
2018 through February 2020, stopping short of including data from the onset of the
pandemic. From that small data set, the projection of 9-1-1 calls for service
generates a projected statistical range of 9-1-1 calls between 2,074 and 3,598, with
a midpoint estimate of 2,836 by June 2025.2
1 https://www.census.gov/quickfacts/pascocitywashington
2 95 percent confidence estimate, where the volume of calls for service should range between, for the month ending
June 2025.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 16
◆ The actual call for service growth in the years ahead will depend on the
demographics of the newer population, as well as the results of ongoing, effective
community policing.
◆ While 9-1-1 calls for service and officer-initiated incidents averaged 4,720 calls per
month over the past 33 months, Citygate uses 9-1-1 calls to project urgent or
emergent requests. Officer-initiated activity quantities are more variable over time
due to many factors and thus do not statistically trend well.
◆ Currently, approximately 41 Patrol Officers are handling approximately 4.5 9-1-1
calls per day per Officer. This number is in constant fluctuation based on a variety
of factors such as retirements, sick leave, state-allowed Family Leave Act usage,
disability, transfers, and other personnel-loss-related issues.
◆ Based on the forecast range in the following figure, the expected public call
workload might increase to a high of 5.5 calls per day per officer by June 2025.
◆ Linear regression suggests it is very likely 9-1-1 calls for service will slowly
increase above the current baseline.
◆ Currently, 9-1-1 calls for service only account for approximately 45 percent of
logged Patrol Officer activity.
The aforementioned data is reflected in the following figure:
Figure 1—9-1-1 Patrol Calls for Service Forecast
Click to edit Master title style
23
Population Versus Call Growth
2,836
2,372
2,074
2,143
3,598
73,590
75,441
77,248
79,052
80,898
82,786
84,719
6 6,000
6 8,000
7 0,000
7 2,000
7 4,000
7 6,000
7 8,000
8 0,000
8 2,000
8 4,000
8 6,000
8 8,000
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Aug-18Nov-18Feb-19May-19Aug-19Nov-19Feb-20May-20Aug-20Nov-20Feb-21May-21Aug-21Nov-21Feb-22May-22Aug-22Nov-22Feb-23May-23Aug-23Nov-23Feb-24May-24Aug-24Nov-24Feb-25May-25PopulationDistinct EventsPa trol Calls for Service Forecast
Forecast Starting from Feb 1 2020, 95% Confidence Inter val
9.54% Symmetric Mean Absolute % Error (SMAPE)
Forec ast Distinct Events 95% L ower Co nfidence Bound 95% Uppe r Confidence Bo und Popul ation Esti mate
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 17
The population growth year after year has been between 2.4 and 3 percent. Table 2 represents
Pasco population trends from 1970 through 2020. June 2021 population was estimated by the City
of Pasco to be 79,580 residents, with an estimated growth rate of 3 percent annually equating to a
2035 population of approximately 125,000 residents.
Table 2—Pasco Jurisdiction Population Trends
Source Year Population
Census 1970 13,920
Census 1980 19,428
Census 1990 20,337
Census 2000 32,066
Census 2010 59,781
OFM1 2011 61,000
OFM 2012 62,670
OFM 2013 65,600
OFM 2014 67,770
OFM 2015 68,240
OFM 2016 70,560
OFM 2017 71,680
OFM 2018 73,590
OFM 2019 75,290
OFM 2020 77,100
1 OFM = Office of Financial Management
2.2 AGENCY BACKGROUND AND ORGANIZATIONAL OVERVIEW
When Citygate began this project, the Police Department was organized into two divisions (Field
Operations and Support Operations) as well as the Office of the Chief. The Field Operations
Division included Patrol, Traffic, K9, Mental Health Outreach, Homeless Liaison, and
administrative duties. The Support Operations Division included the Investigation Services Unit,
Crime Scene Investigations, Property and Evidence, Records, Area Resource Officers, School
Resource Officers, and supplemental units including, but not limited to, Volunteers in Policing.
Each of the two divisions was commanded by a Police Captain.
The Field Operations Division consisted of six patrol teams providing patrol service 24 hours a
day, seven days a week. The six patrol teams split the week with three teams working the A
schedule, and three teams working the B schedule. Each side of the week was managed by its own
Police Sergeant, who reported to the Field Operations Division Captain. The Captains reported to
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 18
the Deputy Chief who also managed accreditation. Traffic Enforcement, Mobile Outreach (Mental
Health), and Homeless Liaison assignments are all collateral duties within the Field Operations
Division.
The Support Operations Division was divided into sub-divisions (referred to as Bureaus in this
report) including the Records Division, the Street Crimes Unit, the Investigation Services Division,
and the Resource Division.
The Records Division currently has a lead and four Records Assistants. The Street Crimes Unit is
supported by a Sergeant and four Detectives. The Crime Analyst position reports to the Street
Crimes Unit Sergeant.
The Investigation Services Division is currently supervised by one Sergeant who has seven
Detectives and one Evidence Technician.
The Resource Division has one Sergeant who supervises four Area Resource Officers and five
School Resource Officers. This Sergeant is also responsible for a variety of collateral duties
including primary Public Information Officer responsibilities.
The Support Operations Division also had primary responsibility for recruitment, hiring and
retention, training, public relations, community engagement, Volunteers in Policing, and internal
affairs.
During this study, the Department has added several positions allowing for the recommended
creation of a Professional Standards Division.
2.2.1 Organization Chart
The Police Department’s organization chart at the beginning of our collaboration with the City of
Pasco is shown in the following figure.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 19
Figure 2—Pasco Police Department Organization Chart – 2020
The Police Department’s organization chart based on 2021–2022 mid-cycle budget updates is
shown in the following figure.
Figure 3—Pasco Police Department Functional Organization Chart – 2021–2022
Chief
Advisory
Committee
Captain
Professional
Standards
Sergeant
Training
Training
Coordinator
Equipment &
Supply
Volunteers
K9
Policy
Sergeant
Professional
Standards
Backgrounds
Internal
Investigations
Early
Warning
SIU
Policy
Accreditation
CALEA
WASPC
Data Entry
Annual
Report
Captain
Field
Operations
Sergeant
Days
A
Officers
Traffic
Sergeant
Swings
A
Officers
Sergeant
Nights
A
Officers
Traffic Cam
Enforcement
Sergeant
Days
B
Officers
HLO
Sergeant
Swings
B
Officers
Sergeant
Nights
B
Officers
Sergeant
Field
Services
ARO
SRO
PIO
Recruiting
Media
Productions
Captain
Support
Operations
Sergeant
ISD
Crime
Analyst
Detectives
Evidence
Tech
SIU
Sergeant
SCU
Detectives
Task Force
SIU
Records
Lead
PSS
Executive
Assistant
Deputy
Chief
Admin II
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 20
2.2.2 Agency Benchmarking Comparison
Benchmarking is a common practice when analyzing staffing levels and allocations in police
departments. For this study, Citygate used the Benchmark Cities Survey from the Overland Park,
Kansas Police Department. The following benchmarks were completed prior to the four newly
budgeted full-time positions. This commonly used benchmark originated in 1997 when several
police chiefs from agencies throughout the country came together to establish the Benchmark
Cities Survey. The survey of 30 police departments is updated annually and provides a series of
data points about each of the participating agencies that can be used for comparison purposes.3
The following table compares the current population and agency size data from the Benchmark
Cities Survey to the Pasco Police Department. Although not members of the Benchmark Cities
Survey, Citygate included population and agency data from Richland, Kennewick, and Yakima
Police Departments given their geographical proximity to Pasco.
Table 3—Sworn Officer to Population Comparison
Agency Population Authorized
Sworn
Citizens Per
Officer
Officers Per
1,000
Benchmark Averages 175,460 239 734.1 1.4
Kennewick, WA 84,347 108 781.0 1.3
Richland, WA 58,225 68 856.3 1.2
Yakima, WA 93,637 143 654.8 1.5
Pasco, WA 2021 75,432 82 919.9 1.1
The sworn ratio comparisons in this table reflect a staffing model referred to as “per-capita” police
staffing. There are several staffing models recognized by the International Association of Chiefs
of Police (IACP).4 5 These staffing models include the per-capita model, the minimum staffing
level model, the authorized level or budget model, and the workload-based staffing model. There
are other models discussed in the policing lexicon, but Citygate will only review these four.
The per-capita model, reflected in the previous table, is based on the city or other jurisdiction’s
population size, and it compares the number of sworn officers to the population, expressed with a
ratio of officers per 1,000 people. For example, a city with a population of 100,000 and a police
department of 100 sworn officers would be staffing at a ratio of 1.00, meaning one Police Officer
per 1,000 people. The primary advantage to the per-capita model is its simplicity. The primary
3 Source: https://www.opkansas.org/city-services/police-fire-safety/police-special-services/benchmark-cities-survey.
4 Jeremy M. Wilson and Alexander Weiss, Police Chief Magazine, vol. 80, 2013
5 James McCabe, “An Analysis of Police Department Staffing: How Many Officers Do You Really Need?”
(International City/County Management Association)
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 21
disadvantage is that there is no definitive standard. Variables such as agency size and crime rates
in the region affect the optimum ratio.
Another model of measuring sworn staffing levels of a police agency is the minimum staffing level
model which involves the command staff of the police agency determining appropriate staffing
levels on patrol based on officer safety concerns as determined by supervisory input and the need
to provide adequate public safety. This model is more common in smaller agencies and in regions
where collective bargaining agreements are involved.
The next model of police staffing is the authorized level or budget model, which is like the
minimum staffing model in that a city determines its minimum staffing based on the prior year’s
budget allocation or level. This common approach to staffing is simple. However, it is not based
on workload demand nor, necessarily, the needs of the community.
The last staffing model being reviewed is the workload-based staffing model. Considered by
Citygate to be the best practice model, it can be described as a data-driven approach to police
staffing. The workload-based staffing model attempts to calculate the demand for services by
analyzing the calls for service generated through 9-1-1 calls and other community-based referrals.
This method is said to be data-driven or evidence-based because it uses a mathematical calculation
to assess proper staffing levels. However, Citygate notes that this model must be used while
considering the overall operational needs of the organization.
The per-capita ratios presented in Table 3 give the reader a sense of where the Pasco Police
Department is in comparison to other similar agencies. Citygate recognizes that the City of Pasco
has historically looked at “per-capita” policing when reviewing staffing models. Again, Citygate
recommends data-driven solutions, such as the workload-based staffing model, whenever possible,
and therefore recommendations regarding staffing in this report are based on workload demands
for service, among other factors.
The following table compares Pasco Police Department’s command structure to other agencies
and reflects how many “boots on the ground” the agency has in varying positions.
Table 4—Command Structure Comparison
Agency Sworn Executive Mid-Level First-Line
Supervisors
Front-Line
Officers
Benchmark Averages 241 7 2.9% 9 3.7% 29 12.0% 197 81.7%
Kennewick, WA 108 5 4.6% 2 1.9% 13 12.0% 84 77.8%
Richland, WA 68 5 7.4% 1 1.5% 8 11.8% 54 79.4%
Yakima, WA 143 4 2.8% 6 4.2% 16 11.2% 117 81.8%
Pasco, WA 2021 86 5 5.8% 0 0.0% 11 12.8% 70 81.4%
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 22
The City’s number of front-line officers is just above comparable agencies. However, many first-
line supervisors, which are counted in a different category, are performing front-line officer duties
both in Field Operations and in Support Operations. In addition, the number of front-line
supervisors may seem acceptable based on comparison agencies, but Citygate is recommending
organization infrastructure in today’s policing environment that requires additional supervisory
positions to maintain best practice policing. Only six of the current front-line supervision positions
are assigned to Field Operations, yet these six supervisors are responsible for 24-hour coverage,
seven days a week, across Field Operations. Two Sergeants are assigned to Investigation Services,
one Sergeant is assigned to Professional Standards duties, one Sergeant is assigned to School
Resource / Area Resource Operations, and one Sergeant is assigned to Training/Quartermaster.
These supervisors are responsible for multiple ancillary assignments in addition to their primary
areas of responsibility. Additional Citygate comments regarding this will be in respective sections
throughout this report.
Citygate is also recommending a middle-management rank, which is currently non-existent in the
City, but is present in all comparison agencies as well as in best practice policing agencies based
on 21st Century Policing requirements. Additional Citygate comments regarding this will be in
respective sections throughout this report.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 23
2.2.3 Recommended Organization Chart
Citygate’s recommended organizational chart is shown in the following figure:
Figure 4—Pasco Recommended Police Department Organization Chart
Finding #1: A mid-management level does not exist in the organization.
Finding #2: Front-line supervision for Field Operations is limited to one
Sergeant Citywide who also performs headquarters duties. During
absences, there are no minimum supervisor staffing levels.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 24
Recommendation #1: Consider creating a mid-management rank to support
operations, support services, professional standards, and
Department administration. We recommend the addition
of three Lieutenants initially, two in Field Operations (as
Patrol Watch Commanders) and one for a new
Professional Standards Division.
Recommendation #2: Increase the number of Patrol Sergeants (by adding four
Sergeants) and, in conjunction with mid-management
recommendations, establish minimum staffing levels.
The following table depicts staffing trends for the Department since 2013.
Table 5—Agency Turnover and New Hires – 2013–2021
Description 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Avg.
Resigned 1 6 3 5 3 5 2 2 3 30 3.3
Retired 0 1 3 2 1 0 1 2 2 12 1.3
Dismissed 0 1 0 1 1 0 0 0 0 3 0.3
Total 1 8 6 8 5 5 3 4 5 45 5
New Hires 5 3 4 7 6 1 2 3 5 36 4
Net Gain/Loss 4 -5 -2 -1 1 -4 -1 -1 0 -9 -1
As the previous table illustrates, turnover (resigned, retired, dismissed) has somewhat stabilized
over the past three years). Recruitment and retention remain a priority for agencies across the
nation and the Department will need to maintain focus on how to recruit and retain qualified
individuals to serve community needs while monitoring future vacancies. Citygate
recommendations for alternative policing models may assist the Department with accomplishing
this, which is significant because the City is expected to continue to experience population growth.
Growth and the addition of new personnel to sustain community needs can lead to an inexperienced
workforce, which is directly related to the need to build supervision, management, organizational
infrastructure, training, and administrative positions within the Department. An inexperienced
workforce in public safety may subject jurisdictions to potentially higher liability costs.
Deploying experienced Police Officers and experienced Department employees will continue to
be a challenge the Pasco Police Department will need to address. General law enforcement
experience levels may be greater than two years when hiring lateral Police Officers versus hiring
and training brand new officers. A strategy focused on recruitment and retention to reduce turnover
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 25
and increase overall Police Officer experience is critical and requires supervision, management,
and City-wide support.
2.3 PASCO CRIME DATA
Cities across the country report crime data to the Federal Bureau of Investigation annually for key
crime types. This publicly available data can be useful for understanding crime trends, particularly
in cases where there is enough volume to make meaningful determinations.
The following figures show Uniform Crime Reporting (UCR) data.6 Violent crimes displayed in
the following figure for Pasco demonstrate an increase between 2016 and 2019, after declines
between 2009 and 2016. Overall, 10-year records show declining violent crime. Recent increases
in violent crime are being noted across the country. The decline in 2020 may be based on the
COVID-19 pandemic and will need further tracking.
The following figure shows UCR Part 1 violent crime rates (per 100,000 people per year) for Pasco
compared to the State of Washington and the United States from 1986 through 2020.
Figure 5—UCR Part 1 Violent Crime Rates – 1986–2020
6 Beginning January 1, 2021, the Federal Bureau of Investigation transitioned to the use of the National Incident-
Based Reporting System (NBIRS). According to the FBI, “As recommended by our law enforcement partners and
approved by the FBI, the UCR Program retired the SRS and transitioned to a NIBRS -only data collection on January
1, 2021. Law enforcement agencies are encouraged to start implementing NIBRS now. The FBI remains committed
to assisting all agencies in making the switch.”
0
200
400
600
800
1000
1200
19861987198819891990199119921993199419951996199719981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020Part 1 Violent Crime Rates in Pasco 1986-2020
United States Washington Pasco
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 26
The following figure shows the same UCR Part 1 violent crime data displayed in real numbers for
Pasco from 1986 through 2020.
Figure 6—UCR Part 1 Violent Crime Real Numbers – 1986–2020
The following figure, which is similar to Figure 5, shows the same UCR Part 1 violent crime rates
(per 100,000 people per year) for Pasco compared to the State of Washington and the United States
from 2009 through 2020.
Figure 7—UCR Part 1 Violent Crime Rates – 2009–2020
215
188190195184
220
234
208199
182
157
142138138
121124
151
105
142
98
159150
166
218
183
209
195
160
176
161
148157166176183
0
50
100
150
200
250
19861987198819891990199119921993199419951996199719981999200020012002200320042005200620072008200920102011201220132014201520162017201820192020Part 1 Violent Crime in Pasco 1986-2020
in Real Numbers
400
306
343
311
244 260
236
210 219 226 234 237
336 314
295 298 290 286 286 304 303 315
294
432
405
387 388
369 362 374
398 395 383 379
150
200
250
300
350
400
450
500
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Part 1 Violent Crime Rate in Pasco 2009-2020
Pasco WA USRate per 100,000 people by year
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 27
The following figure, which is similar to Figure 6, shows the same UCR Part 1 violent crime data
displayed in real numbers for Pasco from 2009 through 2020.
Figure 8—UCR Part 1 Violent Crime Real Numbers – 2009–2020
The detail for this figure appears in the following table:
Table 6—UCR Part I Violent Crimes – 2009–2020
Year Homicide Rape Robbery Aggravated
Assault Total
2009 1 29 45 143 218
2010 3 22 38 120 183
2011 2 25 32 150 209
2012 1 13 42 139 195
2013 0 25 28 107 160
2014 4 25 30 117 176
2015 3 25 40 93 161
2016 2 26 34 86 148
2017 1 23 43 90 157
2018 5 33 34 94 166
2019 1 41 40 94 176
2020 3 26 60 94 183
218
183
209
195
160
176
161
148 157 166 176 183
0
50
100
150
200
250
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Part 1 Violent Crime in Pasco 2009-2020
in Real Numbers
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 28
Of note from the previous data are the following comments and observations:
◆ Citygate recognizes there will always be some measure of violent crime.
◆ One of the 2020 Homicides was cleared as Justifiable Homicide.
◆ The Federal Bureau of Investigation discontinued using the legacy definition of
rape in 2017 for UCR reporting. National rape estimates rose 2.7 percent in 2018
from 2017, and 18.1 percent from 2014 to 2018.7
◆ Robberies remained fairly stable between 2009 and 2019 but increased
substantially in 2020.
◆ Aggravated Assaults trended downward through 2015 and remained at a stable rate
through 2019 and increased in 2020.
◆ Although Robberies, Aggravated Assaults, and Homicides rose in 2020, the
impacts of COVID-19 on violent crime are undetermined.
◆ The City of Pasco has experienced extensive population growth during the time
period reflected in this data.
◆ Pasco Violent Crime has decreased relative to ten-year state and national averages
while experiencing tremendous population growth. The City should maintain a
focus on the cause and locations of violent crime using current and relevant data,
based on organizational objectives and goals.
Property crimes displayed in the following figures for Pasco demonstrate a 10-plus year decline
between 2009 and 2020. Overall, ten-year records show declining violent crime.
The following figure shows UCR Part 1 Property crime rates (per 100,000 people per year) for
Pasco compared to the State of Washington and the United States from 2009 through 2020.
7 https://ucr.fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-2018/topic-pages/rape
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 29
Figure 9—UCR Part 1 Property Crime Rates – 2009–2020
The following figure shows UCR Part 1 property crime rates in real numbers for Pasco from 2009
through 2020.
Figure 10—Part I Property Crime Real Numbers – 2009–2020
Theft is a common crime in the City of Pasco, as it is in most cities. Call-volume data confirms
this as calls for service associated with theft were the seventh most frequent calls in 2019 and
2020. Many thefts can be associated with retail business and involve “shoplifting” where the
violator has been detained by a loss prevention employee of the store. Many police agencies have
established retail theft programs designed to partner with stores within their communities to
address minor thefts and eliminate the need for a Police Officer to respond to every shoplifting
call. The Department should evaluate the level of retail theft incidents and collaborate with the
City Prosecutor’s office to determine if a retail theft program is a viable and efficient option for
the City moving forward. Effective service delivery mechanisms that provide cost-effective
2865
2422
2618 2695
2492
2185 2191
2340
1999
1806 1770
1942
3680 3699 3579 3689 3716 3699
3484 3502
3168
2967
2682
3041 2946 2905 2868 2734
2574 2501 2452 2363
2210 2110
1500
1750
2000
2250
2500
2750
3000
3250
3500
3750
4000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Part 1 Property Crime Rate in Pasco 2009 -2020
Pasco WA USRate per 100,000 people by year
1561
1448
1597
1689 1635
1481 1495
1651
1433
1329 1333
1497
1000
1250
1500
1750
2000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Part 1 Property Crime in Pasco 2009-2020
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 30
solutions and enhance effectiveness and efficiency can also increase the ability of sworn staff to
focus on identified areas for their first responders.
2.3.1 Crime Analysis and Data Analytics
Citygate utilized CAD data provided for August 2018 through April 2021 that was obtained
through the Southeast Communication Center (SECOMM). Previous data provided from 2015
forward was incomplete and unreliable due to missing calls and missing timeframes. Patrol
demands for staffing, workload analysis, and response time analysis were based on Patrol Officer
and Patrol Sergeant unit identifiers. The 33 months of data includes the COVID-19 pandemic,
which has undoubtedly affected the Department in a variety of ways. The ability to continue to
track data will provide the Department with a more robust and reliable analysis.
In Citygate’s overall review of the Department’s organizational design, we felt it appropriate to
discuss the Department’s current data analysis capabilities and the need to maintain increased data
analyst support organization-wide for all types of policing efforts, both sworn and non-sworn. The
Department has a non-sworn Crime Analyst position which provides a high level of data analysis
within the new Records Management System (RMS) being implemented.
The Department’s existing analysis capability for patrol incidents uses dispatch data including
date, response time, and time records for events. This is currently completely reliant on
Communications Center provided data. Understanding the true nature of response times requires
the ability to ascertain call handling time, which includes Communications Center response time
and officer travel time. The ability to evaluate robust data, will allow the Department to maintain
focus and efficiency moving forward. These skills will also allow the Department to monitor the
efficiency of necessary date and time stamps and ensure the appropriateness of necessary nature
codes associated with events.
Citygate recognizes there are many activities associated with policing that are not logged,
associated to CAD activity, nor documented. This is not abnormal to the Pasco Police Department
and is consistent with police departments across the country based on Citygate’s experience.
Crime analysis is especially important given the changing state and federal requirements necessary
to provide law enforcement services to the Pasco community. Such analysis/data support requires
an analyst with the following essential skills: direct database querying, the ability to guide
comprehensive and evolving CAD and records management system procedures, data governance,
efficiency in the reduction of analytical burden within the organization, link analysis, Excel
efficiencies, budgeting, and the ability to navigate and manage multiple Department and City
platforms associated with service delivery.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 31
2.4 STRATEGIC PLAN
Citygate reviewed the City of Pasco Comprehensive Plan. Citygate’s recommended organizational
chart for the Pasco Police Department, which is detailed within this report, reflects current and
future expected growth and Department services necessary to support the Comprehensive Plan.
Several Comprehensive Plan focuses include:
1. Providing exceptional and proactive public safety services
2. Housing, commercial, and industrial development
3. Capital facilities
4. Transportation
Each of these four strategic organizational focus areas are further broken down with specific
objectives for improving community services. In addition to continued growth and focus areas
identified in the Comprehensive Plan, the organization will need to maintain vigilance on the
COVID-19 pandemic and other local, state, and national issues facing 21st Century Policing.
Citygate believes the goals and objectives outlined in the Comprehensive Plan provide a solid
foundation upon which the Department can now start to build organizational infrastructure as
outlined within this report. The implementation of a Strategic Plan requires building internal
infrastructure capacity within the Department.
2.5 LEADERSHIP AND CULTURE
Citygate found the Pasco Police Department to be comprised of passionate and dedicated
employees who take pride in their organization and working with the community. These values
were expressed in a multitude of Department staff interviews, stakeholder interviews, and our
organizational review. They were also supported by the survey results Citygate analyzed and the
Community Forum input Citygate received.
Staffing is a consistent organizational theme, both with sworn and civilian staff, based on
employee input as discussed in this report. This theme is associated with some long-term,
traditional, policing philosophies the organization has had for decades. Citygate’s findings and
recommendations address this.
City and Department organizational culture have previously focused on sworn, front-line Police
Officer positions. Sworn Police Officers are vital to any law enforcement organization and to the
maintenance of public safety in a community, as law enforcement’s priority is responding to
public-generated calls for service. However, it is also critical to focus on a variety of other factors
including, but not limited to, adequate executive staff, middle management, supervision, support
staff, and the number of ancillary assignments held in various positions across the organization.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 32
The Department will need to address this moving forward, especially with continuous City growth
and expansion. These additions and upgrades are directly related to adapting to state and national
legislative changes while providing services focused on management, supervision, accountability,
training, and customer service. Cohesion at the supervisory and executive level is critical.
Considering growth of supervision and a variety of Department services, the implementation of
middle management, and additional Citygate recommendations throughout this report will be
critical for the Pasco Police Department Strategic Plan to maintain pace with providing progressive
police services.
Citygate would like to thank and commend all Pasco Police Department employees, the City of
Pasco, and the Pasco community for the time, approachability, and accessibility presented during
this study. Although it may seem obvious that employees must make themselves available and
provide the time necessary to conduct this type of analysis, unfortunately, that is not always the
case. Pasco is well represented, and we appreciated staff representing themselves as City and
resident stewards.
2.6 EMPLOYEE STRENGTHS, WEAKNESSES, OPPORTUNITIES, AND THREATS (SWOT)
SURVEY
Listening to a broad, cross-section of the Department was just as important as listening to the
community, and Citygate heard consistent themes from inside the Department as we did from the
community. Citygate interviewed Sergeants and command staff individually. We also interviewed
non-sworn supervisors and staff. Citygate conducted a group interview with the Pasco Police
Officers’ Association’s (PPOA) elected board members, and we issued online SWOT (Strengths,
Weaknesses, Opportunities, and Threats) questionnaires to every member of the Department, both
sworn and civilian.
Citygate understood the Department was proud of its tradition of continuous improvement, and it
was in this spirit of continuous improvement that the Citygate team encouraged recipients to
complete this survey in the most honest, candid, and thorough way possible. Responses were kept
confidential, and no individually identifying information was shared with the Department. With
assistance from the agency, Citygate received 75 SWOT survey responses. The response rate was
extremely high (in fact, the highest Citygate has seen in a police department review) and is a credit
to staff engagement in the process. The number of responses was consistent with both sworn and
non-sworn staff across the organization.
A consistent theme across all methods of Department listening was pride in service. Members are
proud of the Department, of its contribution to the community, and of the work they do individually
in helping the Department be successful. This feeling of pride and cultural competency was as
strong with the non-sworn members as it was with sworn members.
City of Pasco, Washington
Police Department Strategic Plan
Section 2—City and Department Background page 33
The Pasco Police Department still polices in some traditional manners. Citygate focuses on this
organizational infrastructure within this report and in our findings and recommendations. The
organization has spent years focusing on front-line patrol without building necessary
organizational infrastructure. Twenty-first Century Policing requires more front-line supervision
on patrol, supervision in a variety of organizational areas, and a need to create a mid-management
level that strengthens operations and support services across the organization. This is supported by
new legislation at the state and national levels.
Staff feel they are supported by the community, provide great customer service, are transparent,
and positively engage the community. Across the organization, staff believes everyone has too
many responsibilities. However, staff feel they can accomplish their responsibilities through
reliance on teamwork, regional partnerships, community engagement opportunities, and leadership
opportunities.
2.7 SUMMARY AND RECOMMENDATIONS
The City of Pasco and the Pasco Police Department need to identify the future policing strategy
that best serves the Pasco community. Citygate offers recommendations in this report we believe
will support the needs of the organization and community moving forward. Pasco’s future will be
different than the City is today, and will require capital improvement funding and budget
allocation, timeframe expectations based on current decision-making models, establishing
identified schedules and budgets based on priority objectives, and meeting staffing, space, and
equipment demands.
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City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 35
SECTION 3—COMMUNITY ENGAGEMENT
3.1 EXISTING COMMUNITY ENGAGEMENT PRACTICES
The main theme of community engagement from the Department’s point of view as exhibited
during interviews and described in the SWOT surveys is that the Department is doing well, but
members also believe better messaging about the Police Department’s relationship with and role
in the community can be enhanced in a variety of areas.
The Department relies on social media, speaking engagements, and special event attendance as its
primary means of engaging the public, which is common among police departments. The
Department relies on a core group of individuals within the organization to keep up with social
media engagement with the community.
Traditional methods of engagement may not reach important sections of the Department’s service
population. This is especially true when conversations regarding change in policing in America
are occurring. Positive policing developments occur daily, with all staff. Staff should continue to
be entrusted to promote those occurrences to shed light and educate the public on what is occurring.
The Department should consider providing all employees with initial, baseline media and social
media training, which allows employees to promote the Department daily. In addition to
addressing daily occurrences, the Department has staff that are more than capable of speaking to
today’s policing concerns. Social capital can enhance both individual and group relationships
through conversation.
Currently, most of the social media engagement is coordinated through a Sergeant and a cadre of
officers in the Department. Citygate recognizes that community engagement efforts have been
affected by the COVID-19 pandemic. The Department should consider re-investing in the social
media team supported through collateral duties across the organization while expanding the current
platform. This team can fall under a supervisor, receive ongoing training, and deploy skill sets that
provide real-time and updated information to the community. Properly trained front-line staff can
enhance Department efficiencies in maintaining communication with Pasco residents.
Finding #3: The COVID-19 pandemic has affected maximizing the use of social
media and available staff for community connectivity and
promotion of community and organizational values and needs.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 36
Recommendation #3: Re-engage in training and increase staff capability on
utilizing social media, media outlets, and press skills to
benefit the organization daily. Enhanced messaging
output will strengthen community partnerships while
promoting organizational values and meeting community
needs.
3.2 POLICE-COMMUNITY RELATIONS
Because the effectiveness of police operations often depends at least in part on the public’s
willingness to provide information to and otherwise help the police department, police leaders
increasingly see legitimacy and procedural justice as necessary conditions of success, and as
worthy goals.8
Further, success in policing is enhanced when the police can gain and maintain support from the
public. In individual encounters with residents, research has shown the police benefit when people
are willing to accept and defer to the appropriate use of police authority, rather than starting the
encounter with feelings of hostility and resistance. If people have a high degree of respect for their
local police and the law, they are more likely to obey the law, including relatively minor traffic
laws.9
According to Professor Tom Tyler in Procedural Justice and Police Legitimacy: Using Training
as a Foundation for Strengthening Community-Police Relationships, procedural justice can be
viewed as a way of attaining legitimacy and can be defined in terms of four issues:
1. People want to have a chance to explain their situation or tell their side of the story
to a Police Officer. This opportunity to make arguments and present evidence
should (when possible) occur before the police make decisions about what to do.
2. People react to evidence authorities with whom they are dealing are neutral. This
involves officers making decisions based upon consistently applied legal principles
and the facts of an incident, not an officer’s personal opinions and biases.
3. People are sensitive to whether they are treated with dignity and politeness, and to
whether their rights are respected. The issue of interpersonal treatment consistently
emerges as a key factor in reactions to interactions with legal authorities. People
8 Craig Fischer, ed., “Legitimacy and Procedural Justice: A New Element of Police Leadership” (Washington, D.C.:
U.S. Department of Justice, Bureau of Justice Assistance, 2014), p. 2,
https://www.policeforum.org/assets/docs/Free_Online_Documents/Leadership/legitimacy%20and%20procedural%2
0justice%20-%20a%20new%20element%20of%20police%20leadership.pdf.
9 Fischer, “Legitimacy and Procedural Justice,” p. 8.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 37
believe they are entitled to being treated with respect and react very negatively to
dismissive or demeaning interpersonal treatment.
4. People focus on cues that communicate information about the intentions and
character (their trustworthiness) of the legal authorities with whom they are dealing.
People react favorably when they believe the authorities with whom they are
interacting are benevolent and caring and are sincerely trying to do what is best for
the people with whom they are dealing. Authorities communicate this type of
concern when they listen to people’s accounts and explain or justify their actions in
ways that show an awareness of and a sensitivity to people’s needs and concerns.10
In Legitimacy and Procedural Justice: A New Element of Police Leadership, Tom Tyler argues
there is an additional benchmark for evaluating police practices: the impact of a policy and practice
upon perceived police legitimacy within the community.11
Therefore, legitimacy is not simply a police program, initiative, or a set of policies. The concept
applies to all police departments regardless of whether a department has leaders who have read
about and tried to incorporate the concept of legitimacy throughout the department. Every
department can be said to have a certain degree of legitimacy in the eyes of its residents, and that
level of legitimacy can be measured, for example, by conducting public surveys.12
In view of what Citygate has learned from our organizational review, internal interviews with
members of the Police Department, SWOT surveys, community survey analysis, community
forum input, and stakeholder interviews, the Department is focused on maintaining the highest
level of community service possible. Efforts of the Department to establish Commission on
Accreditation of Law Enforcement Compliance (CALEA) and Washington Association of Sheriffs
and Police Chiefs (WASPC) accreditation, legislation, and policy compliance, while serving the
Pasco community, are evidence of this. These efforts may be enhanced through organizational
infrastructure recommendations identified in this report.
3.3 COMMUNITY LISTENING SUMMARY
Citygate conducted listening sessions and a community survey as part of the comprehensive review
of the Department. Qualitative data is another way for stakeholders to provide input on the needs
of Pasco as well as provide a narrative for the quantitative findings. The Department worked with
10 Daniela Gilbert, Vaughn Crandall, and Stewart Wakeling, “Procedural Justice and Police Legitimacy: Using
Training as a Foundation for Strengthening Community -Police Relationships” (Washington, D.C.: U.S. Department
of Justice, Bureau of Justice Assistance, 2015), p. 18,
https://bja.ojp.gov/sites/g/files/xyckuh186/files/bwc/pdfs/procedural -justice-and-police-legitimacy-paper-cpsc-feb-
2015.pdf.
11 Fischer, “Legitimacy and Procedural Justice,” p. 8.
12 Fischer, “Legitimacy and Procedural Justice,” p. 14.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 38
Citygate to ensure the success of the community survey (described in the next subsection) and the
community forums. Department staff was instrumental in assuring these processes and their
successful implementation. The survey and the community forums were provided in both English
and Spanish. The community forums were managed via Zoom and provided a follow-up email
address for participant input. The Department provided adequate advanced notice for community
involvement.
The first community forum was held on a weeknight between 6:00 pm and 7:30 pm. Twenty-two
individuals registered for the forum and four individuals attended. Input received from community
members during the forum is highlighted below.
The second community forum was held on a Saturday between 10:00 am and 11:30 am. Eight
individuals registered for the community forum meeting and four individuals attended. Input
received from community members during the forum is highlighted below.
Citygate did not receive any follow-up emails based on the community forum meetings.
Given the small number of participants, the findings are not statistically significant to the entire
City’s resident, employment, and student populations. However, there was overlap and common
themes were shared across the discussions. Citygate is confident the report reflects significant
views from this small portion of the Pasco community when combined with the community
surveys, organizational overview, stakeholder interviews, and the other measures Citygate utilized
during the organizational review process.
3.3.1 The Four Questions
During the scheduled listening sessions, participants were asked to provide input regarding the
following police services topics:
1. Service experiences you may have had with the Pasco Police Department.
2. Services you believe are essential for the Pasco Police Department to provide.
3. Services and future programs that need to be added to the Pasco Police Department
or shifted to and done in cooperation with other community-based groups.
4. Aspirations for the future of policing in Pasco to guide the Department’s continuous
improvement and responsiveness to community expectations.
Information obtained during the sessions is summarized and organized by the following themes.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 39
3.3.2 Listening Session Common Themes
Service Experiences You May Have Had with the Pasco Police Department
◆ Residents appreciate professionalism, transparency, and volunteerism within the
Police Department.
◆ Social media is an important way for community members to stay informed.
◆ Not all community residents understand the various social media resource
platforms available.
◆ Community members like to see a visible presence of Police Officers.
Services You Believe are Essential for the Pasco Police Department to Provide
◆ Proactively hire for growth as opposed to reacting to growth.
◆ Maintain School Resource Officers.
◆ Mental Health response should include a Police Officer, as incidents may become
volatile.
◆ Consistent with the survey results, community residents are not necessarily
informed on current legislation, Department practices, and mental health outreach.
◆ Consider expanding the information in briefing logs and social media, making them
accessible to the public with appropriate information releases.
Services and Future Programs that Need to be Added to the Pasco Police Department or Shifted
to and Done in Cooperation with Other Community-Based Groups
Community Member Recommendations for Enhanced Services
◆ Developing relationships with youth over long periods of time. Fostering these
relationships may also be a critical recruitment piece.
◆ Certain non-uniformed responses can benefit the community.
◆ Maintain local talent.
Community Member Recommendations for Alternative Services
◆ Maybe the police should not respond to every type of call.
◆ Civilian, non-uniformed responses may be a benefit.
◆ Continue to maintain a partnership with Lourdes Health to utilize mental health
professionals in the field.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 40
◆ Mental health and homelessness responses require continued evaluation and
approaches.
Aspirations for the Future of Policing in Pasco to Guide the Department’s Continuous
Improvement and Responsiveness to Community Expectations
◆ An organization that demographically reflects the community.
◆ A Department built from local talent, utilizing the appropriate discretion during
recruitment and retention processes.
◆ An organization dedicated to training, on-going education, and supported by the
community.
◆ Community safety.
◆ Officers responding in a manner consistent with the expectations of the community.
3.4 COMMUNITY SURVEY
In addition to the community forums, Citygate worked with the Department to develop and
distribute a community survey as part of the comprehensive review of the Police Department.
Citygate conducted the internet-based community survey between July 13, 2021, and July 29,
2021.
The survey was provided in both English and Spanish and was comprised of a variety of questions
designed to rate service priorities and expectations, identify community awareness of certain
policing topics, identify overall community satisfaction of the Police Department, and identify
respondent demographics.
The Department utilized a variety of marketing methods to distribute the survey, which was
available to the community for approximately three weeks. Department staff was instrumental in
successfully marketing the survey. Completed surveys went directly to Citygate, who conducted
the survey analysis. Citygate received a total of 890 validated surveys, which represents a very
large community engagement response.
Apart from several basic demographic questions, the survey mostly consisted of closed-ended
inquiries. For each of the main closed-ended questions, respondents were directed to rate the
degree to which they prioritize various Police Department service components, from “Extremely
Critical” (5) to “Unimportant” (1). Additionally, one open-ended request was available to provide
the community with an opportunity to fully express their opinions regarding future policing
expectations.
City of Pasco, Washington
Police Department Strategic Plan
Section 3—Community Engagement page 41
There are a broad set of responses regarding current and future policing expectations. According
to survey respondents, while each has their own specific experiences, community members in
Pasco support the Police Department and feel safe in their neighborhood and in the City.
Community engagement, personal relationships, and community-related programs ranked well
above all other community expectations. Maintaining these expectations will require increased
Department-wide staff and an adequate pace to keep up with current and expected growth.
The full survey analysis report is provided in Appendix C.
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City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 43
SECTION 4—FIELD OPERATIONS DIVISION
The Field Operations Division is the largest division of the Department. As in most police
departments, it is the foundational division of the organization from which the core service of
public safety and emergency first response are provided. The uniformed Police Officers on patrol
are the visible agents of the City and the Department. They interact with the community daily. The
primary mission of the Field Operations Division is to respond to calls for service, enforce state
and local laws, enforce traffic laws, investigate traffic collisions, investigate criminal activity,
prevent crime, engage with the community, develop and enhance community partnerships, and
assist with other special assignments as necessary.
4.1 ORGANIZATION, STAFFING, AND SCHEDULING
Local, state, and national scrutiny of law enforcement, which includes on-going legislative
changes, requires organizational infrastructure support to meet local, state, and national demands
for law enforcement services that support organizational and community expectations.
Twenty-first Century Policing requires a variety of skills including, but not limited to, community
policing, de-escalation, crisis intervention, early intervention systems, data systems, internal
affairs processes, supervision and management, recruitment, hiring, and retention. All of these are
equally dependent on front-line supervision and middle and Executive Management support for
an organization to be successful.
Building community relationships may require bridging gaps that have existed for an extended
period of time. Department supervision and management may ensure that isolation, suspicion, and
disenfranchisement are overcome while enhancing community collaboration. Properly directed
supervision and management reinforces accountability and legitimacy, and enhances community
services, efficiency, and partnerships.
Developing collaboration requires trust, transparency, listening, partnerships, and problem
solving. Institutionalizing these strategies requires organizational transformation. These processes
can be reinforced through staff, supervision, and management. Supporting and implementing
strategic plans requires consistency with mission, vision, and values throughout the organization
and relative to span of control.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 44
Employee safety and wellness should be a top priority for the organization. Staffing is one
component directly related to employee safety and wellness, which should extend across staff, not
just front-line Police Officers. Wellness outcomes can be directly related to community needs.13
The Pasco Police Department’s Field Operations Division is commanded by a police Captain who
reports directly to the Deputy Police Chief and is assisted by police Sergeants. The Division is
organized into two teams (A and B) according to the days they work. Each team is made up of
three shift squads, and is managed by one Sergeant. The shift squads provide patrol service 24
hours a day, seven days a week as follows.
Table 7—Field Operations Division Shift Squad Schedule
Shift
Team A
Monday to Thursday
Team B
Thursday to Sunday
Day shift 7:00 am – 5:40 pm 7:00 am – 5:40 pm
Swing shift 3:30 pm – 2:10 am 3:30 pm – 2:10 am
Grave shift 9:20 pm – 8:00 am 9:20 pm – 8:00 am
Day shift currently consists of nine officers, swing-shift currently consists of seven officers, and
graveyard shift consists of five officers. These numbers are in addition to the assigned Sergeants
and can change daily. The number of scheduled officers per shift are not always filled. For
example, during this project, one of the grave shifts only had four assigned officers on duty.
When the COVID-19 pandemic emerged in the early part of 2020, law enforcement agencies
across the country were forced to examine current response protocols and implement measures to
mitigate exposure of their officers to COVID-19. The Department was no exception. A consistent
review of implemented protocols for possible permanent policy revisions should be considered.
Citygate spent several hours on a ride-a-long with the Department. Our first-hand experience
reinforced the need for increased staffing across the organization based on current and future
community demands. Front-line and supervisory staff was depleted based on limited availability
due to standard schedules, and varying shifts had to be held over to cover minimal levels of public
safety services. The Department has limited staff to place throughout the City. Replenishing a
small number of retirees or limited budgeted positions does not resolve the current and future needs
of a vastly growing community. City geography requires extended travel time for this limited staff
to respond to community and Department needs. Population demands will continue to increase,
which means calls for service and travel times will increase. If staffing is not increased, travel
13 COPS, (2019). Law Enforcement Best Practices, lessons Learned From the Field, Community Oriented Policing
Services, U.S. Department of Justice, (1-168), https://cops.usdoj.gov/RIC/Publications/cops-w0875-pub.pdf
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 45
demands associated to both community and employee needs will be adversely affected. Legislative
demands will also have an impact on service demands. This is directly related to the ability to
respond to and serve the public based on public-generated calls for service and officer-initiated
activity. Legislative priorities, community safety, employee wellness, and response time
expectations should be factored into appropriate staffing levels.
4.2 SUPERVISION
Law enforcement is complex and multifaceted. First responders are often required to be everything
to everybody. Supervisors are the first point of contact for employees to successfully navigate a
changing and complex environment. Navigating this successfully, safely, and efficiently requires
competent front-line supervision, supported by the organization, City, and the community. Front-
line supervision and middle management build public trust and legitimacy while communicating
expectations and providing feedback related to expected performance. A supervisor’s ability to be
physically out in the field supervising Police Officers on 9-1-1 calls and officer-initiated activity
is extremely important. While they cannot respond to every call, Patrol Sergeants should be
situationally aware of critical calls, and able to provide direct supervision when necessary. On
occasion, Patrol Sergeants respond to calls for service as either the primary or secondary unit
assigned. These responsibilities become more difficult when supervisors are not able to observe
activity due to the limited number of supervisors available or if they are assigned to a span of
control not consistent with organizational or community objectives, or because the supervisor’s
responsibility for administrative and ancillary assignments takes the supervisor away from the
operations, requiring supervisory availability. There are key qualities and characteristics expected
from a front-line supervisor which help achieve organizational objectives and missions supported
through organizational structure. To be successful these individuals must receive on-going
leadership training and be accessible and available to staff they are supervising.14
The ability to transition into front-line supervision successfully and efficiently may be enhanced
with the addition of a middle management rank within the organization. As is common with every
law enforcement organization, Pasco Patrol Sergeants are sometimes tasked with additional
administrative duties that keep them in the office and not in the field directly supervising Police
Officers. Violations of policy, potential inappropriate use-of-force incidents, complaints, as well
as personal and City liability are greatly reduced when a supervisor is present given the nature of
policing. Citygate also recognizes the importance of administrative assignments and ancillary
duties. The addition of patrol supervision and middle management provides the organizational
infrastructure balance moving into the future to meet community, City, and Department objectives
in 21st Century Policing.
14 (COPS, (2019). Law Enforcement Best Practices, lessons Learned From the Field, Community Oriented Policing
Services, U.S. Department of Justice, (1-168), https://cops.usdoj.gov/RIC/Publications/cops-w0875-pub.pdf
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 46
4.3 DEMAND FOR SERVICE
In assessing the demands for service of the Department’s Field Operations Division, Citygate
assessed three categories of activity that consume the officers’ time: public-generated calls for
service, officer-initiated activity, and administrative activities. Each category is briefly defined as
follows:
◆ Public-Generated Calls for Service are incidents where members of the public
contact the Police Department communications center (dispatch) and ask for
assistance. The most common example of this is a 9-1-1 call as described in this
report. This activity is tracked in CAD.
◆ Officer-Initiated Activity is any activity a Patrol Officer initiates and is sometimes
referred to as “pro-activity.” The most common example of this is a traffic
enforcement stop. This activity is also tracked in CAD.
◆ Administrative Activity is any activity the Patrol Officer attends to other than a call
for service or officer-initiated activity, such as appearing in court, report writing,
attending roll call briefings, and attending a Department meeting where the officer
is on duty but is out of service and unavailable to handle calls. This activity is
mostly not tracked in CAD and therefore requires Citygate’s estimation based on
Department policy and Citygate’s experience with other agencies.
As noted in the Pasco Crime Data subsection of this report, Citygate was provided City data going
back to 2015. However, the data was incomplete, missing numerous months, and unreliable.
Citygate utilized County data from August 2018 through May 2021. The original data received
from the City contained approximately 2,000 nature codes when event types and subtypes were
reviewed. The smaller sample of County data reduced this to approximately 400 nature codes. The
Department should consider simplifying the number of nature codes, which will allow for a more
efficient review and analysis of data moving forward. Necessary reporting distinctions that may
not need to be in CAD may be maintained in the Records Management System (RMS). Simplified
coding can reduce analytical burden.
Citygate CAD analysis reveals the following:
◆ 166,448 unique events
◆ 16.6 percent of these were non-arrivals
◆ 138,779 incidents were officers arrived on scene (at least one unit)
◆ 42.6 percent were public-generated
◆ 54.5 percent were officer-initiated
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 47
◆ 2.9 percent was remaining time made up of:
➢ Logged administrative time
➢ Logged training time
4.3.1 Calls for Service Analysis
The following figure shows year over year incidents for 2019 and 2020. In 2020, there was a 10
percent decline from 2019 in overall incidents. The impacts of COVID-19 are undetermined. May
2021 is not a complete month of data and moving forward the Department and City should review
2021 in full.
Figure 11—Calls for Service – Distinct Incidents and YoY Growth by Month
4.3.2 Call Volume Analysis
The following figure represents both public-generated calls for service and officer-initiated
activity. Citygate reviewed a variety of different call responses within the City of Pasco. The
following chart represents the top 25 responses for the Police Department during 2019 and 2020.
This does not represent how priority responses should be managed. It represents what front-line
sworn staff spends the majority of their time on during this two-year period. Distinct Incidents and Distinct Incidents PY
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 48
Figure 12—Top 25 Call Types – 2019 and 2020
4.3.3 Response Time Analysis
In reviewing Pasco Police Department’s response time, it is important to understand that there are
no legal mandates or national standards that establish what the agency’s response time should be.
Every community has its own unique set of geographical circumstances and therefore response
time goals should be established by the City Council based on Pasco’s unique situation. Citygate
also recognizes that the City of Pasco is reliant on County dispatch services.
Citygate worked with the Department to identify high priority calls for service response time
measurements. This data set included 33 months of measured data, and these measured calls are
highlighted later in this report. Citygate has other client experience showing increases in domestic
violence and mental health related calls for service. The following table shows identified high
priority calls utilized to measure response time over the 33-month period of utilized data.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 49
Table 8—Identified High Priority Calls Used to Measure Response Time – August 2018
through May 2021
Nature Category Distinct Arrivals
Bomb Threat 3
Missing Person Abducted 7
Robbery 50
Assault with a Weapon 55
Disturbance with a Weapon 131
Accident 367
Domestic Assault 603
Suicide 609
Weapons 818
Domestic Disturbance 1,356
Total 3,999
4.3.4 Fractile and Average Response Time Measurement
Police response times have historically been presented as averages, which is measured by adding
the total response times of a given set of incidents and dividing that total by the number of
incidents. The shortcoming of the average response time measurement is that it only identifies a
single point on a continuum and cannot show how widely the data is spread across that continuum.
The current best practice nationally is to transition measuring the percent completion of a specified
response goal. Citygate uses 90 percent as the standard. The best way to illustrate this concept is
to say “the community can expect a response of X minutes or less, 90 percent of the time,” or
“Nine times out of ten, the public can expect a response in X minutes or less.” Mathematically this
is referred to as a “fractile” measure.15
Average response times do not properly account for calls with response times far exceeding
threshold in which positive outcomes could be expected. Average time measurement also does not
reveal which response times should be considered as too slow. The fractile measure does. Citygate
believes the fractile measurement is a more accurate reflection of the service delivery of this
Department.
15 A fractile is that point below which a stated fraction of values lie. The fraction is oftern given in percent; the term
percentile may then be used.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 50
The following list summarizes average versus 90th percentile data:
◆ 90th percentile response times should be read as:
➢ “Responses occur within X minutes 90 percent of the time or less”
➢ “Nine times out of 10, the public can expect a response in X minutes or
less”
◆ 90th percentile helps illustrate:
➢ The effect of outliers
➢ A more realistic estimate for the public than a simple average
➢ A starting point for developing response plans and metrics.
4.3.5 Elements of Response Time
Response times are calculated by three measures including call handling time, officer travel time,
and total response time. Each element is further defined as follows:
◆ Call handling time is the time it takes for the dispatcher to receive a 9-1-1 call,
assess the nature and priority of the call, and “dispatch” units (Police Officers) to
the scene. This is reflected in the following analysis as the “Ring to Queued” time.
◆ Officer travel time is the time it takes from when the call is “dispatched” until the
time the first unit arrives on the scene. This is reflected in the following analysis as
“Queued to Arrive” time.
◆ Total Response Time is the total time it takes from when the 9-1-1 call is answered
in the communications center until the first and/or second unit arrives on the scene.
This is reflected in the following analysis as “Ring to Arrive” time.
Because these are independent measures there will be cases where the sum of the parts will not
equate to the whole. The composition of incidents for each measure is different in nearly all cases.
4.3.6 Response Time Methodology
In calculating response times for the Department, Citygate acknowledges that not all calls for
service require an emergency response. For example, the response to a report of a minor crime
such as vandalism or simple larceny (theft) when no suspects are present will be entirely different
than the response to an armed robbery in progress. Thus, Citygate focused the response time
analysis of this study to those calls considered “high priority” and most likely to warrant an
emergency response. Also, to eliminate outliers, Citygate measured incidents where the total
response time was less than or equal to 15 minutes.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 51
Because the number of calls being analyzed is relatively small, Citygate has elected to only show
response time for the first arriving unit whenever that analysis is done for an individual nature
code. Response time for the second arriving unit is available in the aggregate.
4.3.7 Response Time—Call Handling and Officer Travel Time
Call handling time and officer travel time for the first arriving unit appear in the following figure.
This measure is an aggregate across all high priority nature codes.
As mentioned, Citygate measured response times for those nature codes that were most likely to
require an emergency response. Response time analysis for those “High Priority” nature codes
appears in the following figure.
Figure 13—High Priority 90% Call Handling Time and 90% Travel Time
The Department and City Council have not historically used response time goals for patrol staffing,
given that the City was smaller. Currently, the City is large enough (and is still growing) for
adopted response time goals.
Response time goals typically have at least four measures:
◆ First unit response to 9-1-1 high priority calls where harm to persons is underway
or is very likely to soon occur without prompt officer response and de-escalation
techniques
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 52
◆ Second officer response to the high priority life and injury situations where, for
officer and public safety, two officers at a minimum are required to gain entry or
access to the persons involved
◆ Medium priority incidents where an officer response is still needed quickly, but not
immediately or with red lights and siren
◆ Incidents that are already over but need reporting and documentation from a sworn
officer or community service officer, or through online tools.
The use of response time goals along with overall demands on an officer’s time on patrol allow a
department to ensure enough officers are on duty and are spaced across the community (beats or
districts) for high priority immediate response, while also having multiple officers in the area to
provide a backup second officer as needed, to handle low priority incidents and for proactive
community policing time.
Thus, as departments grow, they deploy enough Patrol units across the geography such that too
few officers on duty are not concentrated into any one high-demand service area, leaving large
sections of a city without an officer for life-threatening, immediate-need responses.
The next subsection will review overall demands on a Patrol Officer’s time, and aside from 9-1-1
responses, determine if there is also time for officer-initiated, community policing activities.
4.3.8 Demand for Service Summary
To conduct an analysis of the Department’s current staffing levels, Citygate used the following
table based on public-generated police activity for 2019 and 2020, which included Patrol Officers
and patrol Sergeants. Citygate used 2019 as the baseline to eliminate any short-term activity
anomalies associated with COVID-19. All activity (public-generated calls for service and officer-
initiated activity) recorded in CAD contains “committed time” data. This is the amoun t of time a
Police Officer spends on a particular activity.
That data, combined with information on the minimum and full staffing levels provided by the
Department, allows Citygate to plot the staffing to committed hours as a percentage on a temporal
table. This data, along with the workload analysis in this report, can be used to realign shift
deployments and identify future staffing needs.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 53
Table 9—Public-Generated Police Activity for 2019 and 2020
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 54
4.4 WORKLOAD ANALYSIS
Citygate was challenged with available data and therefore measuring total committed time was
difficult. Logged committed time accounted for approximately 32 percent of worked hours in 2019
and 2020. This subsection shows committed versus worked hours, separated into tables by how
the hours were initiated. Logged training and administrative time makes up approximately 1,500
hours over the two-year period. Citygate recognizes these figures are too low to be real. Many
agencies struggle with Patrol Officers accurately logging training and administrative hours in
CAD. More accurate recording of completed assignments and workload will provide a better
understanding of utilization and committed time relative to service demand and capacity.
Citygate acknowledges that not all committed time is logged into CAD. For example, it is very
common for Patrol Officers to remain available while parked and writing a report. Using this
example, the officer is available to take calls but is not logging any administrative time, even
though he is writing a report, and therefore this would show as uncommitted time. Citygate’s
advice is to log the report-writing time and remain in service. Being in service and report writing
do not need to be mutually exclusive activities. In Citygate’s experience, the percentage of time
committed to administrative tasks while on duty is estimated to be between 20 to 35 percent of a
Police Officer’s available on-duty time but is nonetheless only partially measurable from the data
available today.
The following table represents a sample of workload analysis from available 2019 data. It
represents a combination of both public-generated calls for service and officer-initiated activity.
Appendix B contains additional tables showing the committed hours for public-generated calls for
service and officer-initiated activity separated out.
For the following table, please note the following:
◆ The left-most chart shows the average number of committed hours by day and hour,
divided by 52 weeks in the year.
◆ The middle chart shows the average number of distinct units that responded in 2019
by day and hour, divided by 52 weeks in the year.
◆ The right-most chart is the ratio of average distinct number of officers responding
to average committed time per hour and day.
Citygate acknowledeges that many factors impact staffing levels on a day-to-day basis. In
analyzing the staffing-to-committed-hours data, Citygate applied two thresholds for illustration
purposes. When committed hours (calls for service) reach 50 percent of available staffing, a yellow
triangle () is indicated. If committed hours reach 60 percent of available staffing, a red diamond
() is indicated. Committed hours above 80 percent are noted with a purple circle ().
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 55
Community, Department, and City expectations, values, missions, goals, and objectives require
responses to calls for service to be a priority while also prioritizing self-initiated activity.
Table 10—9-1-1-Generated and Officer-Initiated (All Activity, 2019)
When performing the analysis of staffing to committed time, Citygate assessed actual committed
time logged in CAD from public-generated calls for service and officer-initiated activity.
However, as Citygate has acknowledged, not all committed time is logged into CAD. Citygate has
considered that a large percentage of work-related activities often go undocumented.
Public-generated calls for service are the foremost expectation and demand on front-line police
services. Current capacity to handle these calls for service is already challenged and the
Department will continue to experience challenges with the expected growth of the City. In
addition to public-generated calls for service, appropriate staffing requires the ability to address
community engagement as part of officer-initiated activity. The analysis in Table 10 shows that
when public-generated calls for service and officer-initiated activity are combined, average
committed time approaches or surpasses significant levels on which the organization should be
focused.
In addition to the basic demand for public-generated calls for service and officer-initiated
activities, there needs to be recognition of additional required activities that consume a Police
Officer’s time. These tasks are considered administrative in nature and impact the amount of time
the officer is available for proactive policing (officer-initiated activity) and/or responding to
public-generated calls for service. These administrative activities include report writing, court
appearance on duty, roll-call briefing, on-duty training, equipment maintenance, meeting with
supervisors, incident debriefing, etc. In Citygate’s experience, and as previously stated, the
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 56
percentage of time committed to administrative responsibilities while on duty is expected to be
between 20 to 35 percent of a Police Officer’s available on-duty time.
Finding #4: The Department and City have not adopted response time goals to
guide the need for field patrol capacity. It is a best practice to have
these goals.
Finding #5: Not all administrative workload measures are currently tracked in
Departmental data systems.
Finding #6: The Department has a shortage of front-line patrol staffing as
evidenced by routine shift staffing challenges and the Department’s
limited staff to place throughout the City. Also, the analysis of
public-generated calls for service and officer-initiated activity, when
combined, reveals that average committed time approaches or
surpasses significant levels on which the organization should be
focused.
Recommendation #4: The Department and City should establish and use
response time goals as part of the budget and policing
oversight duties. These should include at a minimum:
High Priority First Officer – Reduce dispatch
processing to 2:00 minutes or less, 90 percent of the time.
First officer arrived at location within 6:00-minute
notification and travel time, 90 percent of the time. Total
response time from 9-1-1 answer is 8:00 minutes, 90
percent of the time.
High Priority Second Officer – 8:00-minute notification
and travel time. Total response time of 10:00 minutes, 90
percent of the time.
Medium Priority 9-1-1 Incidents – Dispatch processing
time of 3:00 minutes, and officer notify and travel time of
10:00 minutes. Total response time of 13:00 minutes, 90
percent of the time.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 57
Report/Documentation Needed – 4:00-minute dispatch
time and officer or community service unit response of
20:00 minutes. Total response time is 24:00 minutes, 90
percent of the time.
Recommendation #5: Establish a culture of data measures for all work-related
activities including, but not limited to, administrative
duties, court time, break periods, on-duty training,
equipment processing, vehicle maintenance, and many
other related tasks associated with responsibilities
requiring on-duty time.
Recommendation #6: The Department should add six front-line Patrol Officer
positions across shifts while consistently measuring
available data, conducting on-going workload analysis
associated with current and anticipated growth,
evaluating alternative resource and service delivery
mechanisms, and accessing goals and objectives.
4.5 TRAFFIC DEPLOYMENT AND ANALYSIS
The Department deploys a limited traffic unit, which is collateral to patrol responsibilities, and
focused on a primary function of responding to calls for service. Collateral Traffic Officers report
to a patrol Sergeant. Both officers are assigned to dayshift and/or swing shift, covering both sides
of the week. During this study, both positions were vacant due to transfers and injuries within the
Department. Detail response is determined by SECOMM dispatch and therefore, traffic collateral
assignments become a secondary detail. The collateral officers are also responsible for equipment
calibration and documentation (radar and lidar), and the Target Zero Program through the
Washington State Department of Transportation and the United States Department of
Transportation National Highway Traffic Safety Administration (NHTSA), which are all
important aspects of maintaining equipment and training records.
During this study, the Department advised it had one officer capable of managing fatality and
major injury accidents. Outside of this limited expertise, the Department relies on the Washington
State Patrol. Current Detectives and evidence processing personnel only have skills to operate
Department technology such as the FARO machine. The Department should expand operator
capabilities to include major traffic accident investigation skills internally.
Traffic units are a typical facet of contemporary policing and patrol operations in jurisdictions of
this size in many states. In 2019, there were over 15,000 traffic related incidents. In 2020, there
were over 10,000 traffic related incidents, which are expected to be on a decline due to COVID-19.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 58
Both years reflect traffic related calls as top-10 public-generated calls for service and the number
one officer-initiated activity.
Addressing traffic safety is traditionally an expectation communities have for their police
department. Traffic enforcement, engineering, and education should be a City priority based on
current and anticipated growth.
Positive police-community relationships are essential to maintaining public safety and order.
These relationships help reduce fear and biases while building mutual understanding and trust
between the police and the community. The importance of police-community relations in modern
policing is widely accepted as the foundation for professional policing.
Traffic safety efforts can reinforce these principles by accomplishing high congestion traffic
control, accident reduction enforcement, special event traffic control, aggressive driving response,
impaired driving enforcement, expert testimony, and applying expertise to traffic collision
reconstruction and significant accident investigations.
High visibility traffic enforcement supports the other critical traffic safety efforts of engineering,
education, and enforcement, while creating opportunities to engage with drivers and passengers as
well as pedestrians. These exchanges between the Department and members of the community
provide a foundation to reduce the risk of death or injury, and can strengthen police legitimacy if
conducted in a procedurally-just fashion.
There are many issues facing law enforcement today regarding traffic stops, but the vital role of
traffic enforcement cannot be forgotten. Thousands of people are killed every year in traffic
collisions. The Federal Bureau of Investigation’s Criminal Justice Information Services Division
reported 16,425 estimated murders in 2019, an estimated increase from 2018.16 At the same time
the NHTSA reported 36,835 fatalities in 2018 and 36,096 fatalities in 2019.17
In an associated study, the NHTSA collected data regarding the presence or absence of specific
drugs identified by trauma centers and medical examiners serving five metropolitan areas. Since
the study carried into the COVID-19 pandemic, a convenience sample was used consisting of more
than 3,000 participants. The participants included drivers, passengers, bicyclists, pedestrians,
motorcyclists, electric scooter and moped riders, and all-terrain vehicle operators. Participants
entered the study based on serious injury or death. COVID-19 has changed driving patterns. The
study reflected that for all road users (described participants) before COVID-19, 51 percent of
participants had at least one of the identified drug categories in their system. During COVID-19
(identified as March 16, 2020, forward), 63.6 percent of participants had at least one of the
16 “Murder,” Criminal Justice Information Services Division, 2019 Crime in the United States (FBI, September 13,
2019), https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/murder.
17 “2019 Fatality Data Show Continued Annual Decline in Traffic Deaths,” (NHTSA, October 1, 2020),
https://www.nhtsa.gov/press-releases/2019-fatality-data-show-continued-annual-decline-traffic-deaths.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 59
identified drug categories present. This study shows that drugs and alcohol are related to injury
and fatality accidents.18
In addition to impacting injury and fatality collisions, an emphasis on traffic safety may fill a
variety of other necessary roles which may include, but are not limited to, quality reporting
assurance for insurance claims, providing citizens with due process hearings, abandoned vehicle
processes related to quality-of-life issues, and ensuring compliant tow contracting.
The Department should consider expanding a traffic safety unit program that prioritizes time and
places emphasis on education, engineering, and enforcement solutions. This will require a Sergeant
and increased dedicated traffic staff, both sworn and the consideration of civilian support positions.
This will become increasingly important as the City continues to experience growth. In addition
to establishing a Traffic Unit, the Department should consider establishing a Major Accident
Investigation Team (MAIT).
Finding #7: The Department currently has traffic enforcement assigned to patrol
and it operates much like a patrol collateral assignment with limited
assigned officers.
Recommendation #7: The Department should consider establishing a formal
Traffic Unit, adding one Sergeant, with increased staff,
supervision, and future civilian positions to ensure focus
on engineering, education, and enforcement to maintain
safety with current and future growth aligned with
Department response necessities.
4.6 COMMUNITY SERVICE OFFICERS (ALTERNATIVE RESPONSE MECHANISMS)
Civilian Community Service Officers can serve a vital, supportive, and cost -effective role in law
enforcement while also allowing sworn staff to focus on City and Department priorities. Civilian
assets capable of managing and responding to identified responsibilities and events, can maintain
organizational service objectives while allowing Police Officers to maintain availability for higher
priority incidents, self-initiated activity, and community engagement. In various organizations,
Community Service Officers are used for non-suspect related incidents including but not limited
to burglaries, theft, vandalism, vehicle theft, non-injury collisions, missing persons, road hazards,
18 “2019 Fatality Data,” (2020).
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 60
traffic control, abandoned vehicles, and crime scene investigation assistance. The Department
should review Community Service Officer roles in a variety of agencies, identify how this role
could benefit the Department, and work with the Pasco Police Officers Association to implement
job and class specifications and policies moving forward if the role is determined as a viable option
to serve the Pasco community.
Community Service Officers provide law enforcement support not requiring a full commission
status, while providing budget-conscious service delivery mechanisms meeting community and
organizational expectations and allowing sworn first responders to maintain focus on primary first
response priorities in the community. These positions may also lead to long-term recruitment and
retention of positions throughout the organization.
There are multiple Washington State Law Enforcement agencies utilizing Community Service
Officers. The following outline of potential capabilities is not all-inclusive but is meant to provide
some samples of potential future accomplishments.
Community Service Officer duties may include:
◆ Evidence and property management
◆ Parking enforcement
◆ Computer data entry
◆ A variety of sworn patrol support functions
◆ Accident investigations
◆ Warrant processes
◆ Crime scene investigation
◆ Assisting residents and businesses involved in non-criminal calls
◆ Service navigation
◆ Engagement with communities and neighborhoods
◆ Supporting at-risk youth programming
◆ Focus on patrol support, equity building, community engagement, youth diversion,
and education.
Finding #8: The Department does not currently utilize Community Service
Officers.
City of Pasco, Washington
Police Department Strategic Plan
Section 4—Field Operations Division page 61
Recommendation #8: The Department should consider implementing
Community Service Officers into the organization as an
alternative service mechanism supporting community
and Department needs.
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City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 63
SECTION 5—ALTERNATIVE RESPONSE – COMMUNITY MENTAL
HEALTH / HOMELESSNESS
5.1 COMMUNITY MENTAL HEALTH
Law enforcement agencies have been tasked, absent other community resources, with responding
to and intervening with people experiencing mental health issues. Historically, the only police
solution has led to arrest versus alternative treatments and ongoing support.
The Substance Abuse and Mental Health Services Administration indicated in a study that 63 to76
percent of adult individuals that have been incarcerated, along with 50 to 70 percent of juveniles
within the justice system, met the criteria for a mental disorder. These individuals are often first
encountered by police and fire and emergency medical services first responders. The International
Association of Chiefs of Police, in partnership with others, has been attempting to address these
issues. Areas of improvement include, but are not limited to, legislation, mental health program
expansion, first responder actions, collaboration across systems, and re-entry programs. There is a
need for continuous Police Officer updating to understand the predictive behavior of persons in
health and mental health crisis.19
The Pasco community, like many, is affected by poverty, housing costs, homelessness, a medically
uninsured population, and people experiencing mental health crises. City first responder objectives
and goals should align with these issues. City and County strategic plans can guide services aimed
at reducing jail capacity and providing alternatives including, but not limited to, crisis response,
drug court, behavioral court, and co-responder teams providing expertise in the field. Service
themes may include child and family services, adult services, medication services, urgent care,
crisis services, transitional housing units, substance abuse treatment, and family reunification.
Behavioral health includes the prevention and treatment of mental illness, suicide, and addiction.
Mental health encompasses emotional, psychological, and social well-being.
To date, while there is some committee-level collaboration and planning, there is no strategic plan
in place for law enforcement and allied emergency health providers to addresses multi-partner
operations with a fiscal strategy moving forward. Police are tasked with providing clarity and focus
for law enforcement’s evolving role to deescalate incidents and provide for patient and bystander
safety, rather than arrest, but this has recently changed based on Washington State legislation.
Training and education will continue to be vital to integrate with identified areas of focus and
improve access strategies. The Department, with City support, should be engaged and educated in
19 “Improving Police Response to Persons Affected by Mental Illness” (International Association of Chiefs of
Police, 2016), https://www.theiacp.org/sites/default/files/2018-
08/ImprovingPoliceResponsetoPersonswithMentalIllnessSymposiumReport.pdf .
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 64
all potential processes and planning associated with community mental health and homelessness.
This will require increased City focus on local, regional, and state costs associated with mandated
legislative training components.
Identification of clients in high frequency need of services can lead to positive outcomes and case
reductions to the 9-1-1 police and emergency medical services system. Identifying these service
needs can reduce emergency department visits as well as private and ambulance transports
associated with behavioral issues that can be addressed by the support of alternative resources.
The 2017 Community Health Improvement Plan (CHIP) identified improving the mental and
behavioral health system as a priority issue. Each priority was assigned goals and SMART
(Specific, Measurable, Achievable, Realistic, Time Bound) objectives. Mental and behavioral
health system goals included enhanced awareness, elimination of system gaps, increased
integration, and system coordination. The Mobile Outreach Team (described in the next
subsection) was one response to these goals and objectives while also providing a service to
individuals who struggle with access to care pathways. Franklin and Benton Counties Community
Health Assessment in 2019 identified the top three health-related needs as behavioral health
challenges (mental health, substance use, and suicide), healthcare costs, and social detriments
(poverty, housing, homelessness, and food insecurity). The assessment was provided to assist with
providing a focus on changing community health care needs and looking at statewide comparisons
in the identified areas of focus. Health equity can provide opportunities to gain the highest level
of health and positive outcomes for community residents. Community stakeholder-identified
assets and resources will include collaboration, innovative approaches, and school services.20
On-going care pathway issues identified through the Community Health Assessment may include
lack of treatment options for mental health and substance abuse, program funding, housing options,
integration of mental health services in schools, shelter availability, lack of detox , and the lack of
in-patient treatment availability. Addressing these issues will require collaboration and
communication between organizations and municipalities.21
The State of Washington utilizes the Greater Columbia Administrative Services Organization,
which contracts with Lourdes Health Network (currently managed by LifePoint), as the County-
designated crisis services agency. Lourdes Health Network began managing the County crisis
services contract in 2016, which includes a strategic plan for crisis services; however, the strategic
20 (Benton – Franklin Health District, 2019). Benton – Franklin Health District (2019) Benton and Franklin Counties
Community Health Needs Assessment, (1-95),
https://www.bfhd.wa.gov/UserFiles/Servers/Server_10765972/File/Agency%20Reports/2019%20CH NA%20with%
20Appendix%20-%20SIGNED.pdf
21 (Benton – Franklin Health District, 2019). Benton – Franklin Health District (2019) Benton and Franklin Counties
Community Health Needs Assessment, (1-95),
https://www.bfhd.wa.gov/UserFiles/Servers/Server_10765972/File/Agency%20Reports/2019%20CHNA%20with%
20Appendix%20-%20SIGNED.pdf
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 65
plan was not made available to Citygate. Crisis commitments in Washington State have extended
to five days, and the crisis center (located in Richland) currently supports 22 beds. They also have
a triage clinic supporting sixteen beds. When diversion is necessary, they work outward
geographically to locate services.
Lourdes Health Network is the leading mental health provider in Franklin and Benton Counties.
Recent years have included transitional ownership. Current services include mental health
outreach, crisis, substance abuse, Program of Assertive Community Treatment (PACT) Team, case
management, a homelessness pathway program, and high utilization hospitalization tracking
through Consistent Care.
Currently, there is no County detox facility. In addition to state legislative changes, the Lourdes
Health Network Substance Use Disorder program is being cut by LifePoint. There is a pre-booking
diversion option for mental health, but it is rarely used due to the Mobile Outreach Team program.
The current Mental Health Diversion template could be a starting point for substance use diversion
under SB 5476. This would require facility and programming support conversations about funding
opportunities moving forward.
The Lourdes Homeless Path Program was also scheduled to be cut by LifePoint, in September
2021.
5.2 DEPARTMENT PILOT PROJECT
All sworn Washington State Police Officers have the legislative authority to commit an individual.
Navigating custody authorizations, a Hot Spotters program utilized to identify frequent system
clients, and a lawsuit against the State of Washington over competency orders, led to the state
application of lawsuit funds being placed back into the mental health system coordinated with local
law enforcement. The system funding incorporated first and second County jail phases and a third
phase, Crisis Intervention Team (CIT Plus Program) field-level commitment. As a recipient of
these additional funds, Lourdes Health Network received the True Blood Confinement Dollars
Grant. The grant enabled the establishment of the Mobile Outreach Team in 2018, phasing mental
health professionals in the field with first responders. The Mobile Outreach Team services Benton
County, Franklin County, the cities of Pasco, Richland, Kennewick, Prosser, Connell, West
Richland, and the Port of Pasco. Benton County Jail services are on an on-call basis. Currently,
there are no services committed to the Franklin County Jail. Mobile Outreach Team Designated
Crisis Responders have also supported the Pasco Fire Department, the Special Weapons and
Tactics Team, and Washington State Patrol. Currently in the Tri-County area, with Mobile
Outreach Program collaboration, Designated Crisis Responders complete detainers and holds.
The True Blood Confinement Dollars Grant provided $1,000,000 for the first 18 months,
$1,000,000 for the second 18 months (through July 2021), and a prorated approximately $758,000
to $780,000 for July 2021 through July 2022 when the grant will expire. In July of 2022 when the
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 66
grant expires, the benefitting agencies will need to determine if the Mobile Outreach Program will
continue. The Pasco Police Department, in collaboration with other agencies, will need to
determine if they will continue to operate under a shared system following the same established
model, a version of the current system based on varying commitments, or individual agency
contracts for services. The current program is fully funded through the grant. Citygate addresses
costs associated with a Designated Crisis Responder fully encumbered salary in the Fiscal
Overview section of this report.
The current memorandum of understanding identifies the Mobile Outreach Team’s target
population as clients suffering from severe chronic mental illness and/or significant substance use
disorders. These are individuals who would historically be arrested and placed in the County jail
to await competency services. The Mobile Outreach Team is not restricted by age, gender,
impairment, disability, or insurance type.
At the time of this report, Lourdes Health Network was transitioning from six to seven designated
crisis responders, which would have included a working supervisor. However, actual numbers
have fluctuated between two and three actual staff. Responders receive elevated training, which
can result in an elevated service aspect, including, but not limited to, training on the management
of aggressive behavior. The designated crisis responders work Monday through Friday when fully
staffed. Full staffing has been difficult to achieve within the program. When fully staffed, three
people work day-shift hours from approximately 8:00 am to 6:00 pm, and three work swing-shift
hours from approximately 4:00 pm to midnight, splitting between Pasco, Richland, and
Kennewick. However, they are all available to respond to other jurisdictions. When this occurs,
the Pasco Police Officer working with the clinician will drive them to the allied agency and either
drop them off or decide to stand-by. One program benefit according to some Pasco staff and
Lourdes Health Network staff is that the Designated Crisis Responders are rotated through Patrol
Officers, which has increased training, education, and response. The Department, in collaboration
with Lourdes Health Network and allied agency partners, should consistently review client needs
to ensure Designated Crisis Responders are deployed during the most vulnerable hours, indicated
by data, while being integrated with available client services.
There is an elevated Lourdes Health Network Planning Committee. However, it is unclear on what
filters down to the Mobile Outreach Team operational level. Currently, there is no known strategic
plan in place for the Mobile Outreach Team. The Department does not track program outcomes
internally. CAD coding also makes internal tracking difficult. Moving forward, the Department
should evaluate the need for additional CAD coding to evaluate identified outcome measurements.
Lourdes Health Network currently tracks the following measurements for grant purposes:
unduplicated clients, total contacts, peer support services, prior charges, average charges, the
number of detentions, police department referrals, individual clinician work, and the amount of in-
car time with officers. Moving forward, Lourdes Health Network sees value in tracking potential
charges that were diverted based on services provided. Lourdes Health Network identified that
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 67
outcome measurements meet the current grant requirements. However, outcome measurements do
not support an established strategic plan moving forward. Measurements, which have been
minimized due to the lack of a strategic plan, are challenging to utilize when attempting to identify
long-term goals and outcomes. Outcomes seen in other communities have included decreased
emergency department visits, decreased jail bookings, reduction of repeat clients, long-term
services, organization-wide commitment and education, enhanced training and skillsets across first
responders, knowledge of available and desired services, addiction clinician skill availability, and
flexibility within available responses for mental health, mobile crisis, homelessness, and
legislative mandates. Data is an important aspect from which to drive response system changes.
As the grant expires and the Department evaluates future services, outcomes should be reevaluated
based on community needs and City goals and objectives.
The current Mobile Outreach Program can be seen as an effective Mobile Crisis Unit. Some Mobile
Crisis Units operate with only civilian clinicians, who respond to certain crises already cleared
through public safety as a non-police response or a transition to another supportive team while
sworn officers respond to higher-acuity incidents. In Pasco, the established program appears to be
working successfully, based on Designated Crisis Responder capabilities, program input, and
Department input. Civilian response teams in the field provide additional complications that must
be addressed such as safety issues without law enforcement presence and rapidly changing
circumstances. Moving forward, it may be possible for Lourdes Health Network to access the need
for established clinicians who can address service needs on lower acuity calls with fire and
emergency medical services. This would require training and accountability associated to
significant 9-1-1 screening capabilities through the Communications Center.
Homeless outreach is not the Mobile Outreach Team’s main priority, but the Team addresses
homelessness and associated issues based on incident responses. As noted, Lourdes Health
Network has some available services to support clients suffering from homelessness and
homelessness-related factors.
The Department should remain fully engaged in how the crisis continuum relates to Department
responsibilities, legislation, objectives, missions, values, and goals. It is also critical for the
Department to collaborate with the Communications Center and all key stakeholders. The Mobile
Outreach Program can provide triage, assessment, and intervention at critical behavioral health
crisis points. This can support City and County alternative service delivery objectives while
enhancing police service delivery mechanisms and efficiency.
The City should continue to collaborate with Franklin County, Benton County, and non-profit
partners to identify and implement future processes locally across municipalities while also
collaborating on data input and connectivity. It is essential for outcomes to be related to service
connections. Internally, the Department needs to identify staff who are engaged and c apable of
filling these roles that require Department and Citywide support.
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 68
The City needs to identify internal funding capacity and opportunities as well as external grant
opportunities. Local and regional partnerships may enhance these opportunities. Future funding
and sustainability will need to rely on a collaborative strategic plan that addresses identified service
needs across related issues, outcome objectives and goals, a coordinated care system,
transformation and improvement, capacity building, and partnerships.
As previously discussed, there is some current collaboration and planning. However, there is no
strategic plan in place for law enforcement and allied emergency health providers that addresses
multi-partner operations with a fiscal strategy moving forward for the Mobile Outreach Program.
There is currently no City of Pasco Strategic Plan in place to navigate mental health outreach or
homelessness. Clarity and focus for law enforcement’s evolving role to deescalate incidents and
provide for patient and bystander safety, rather than arrest, will remain a high priority. On-going
training and education will be vital to integrate with the City and county priority focus areas,
promote continued integration, and improve access strategies. The Department should be engaged
and educated in all processes including but not limited to Lourdes Health Network planning, crisis
strategic plans, assertive community treatment models, and Lourdes Health Network leadership
committees or coalitions. Organizational and workgroup charts should be updated for all
stakeholders to reflect key personnel.
Identifying clients in high frequency need of services can lead to positive outcomes and case
reductions to the 9-1-1 police and emergency medical services system.
Almost 50 percent of the community survey respondents stated they were unaware of the
progressive work being conducted by the Department in collaboration with Lourdes Health
Network. The Department should continue to educate the public on available services and
programs.
The City has identified the following goals and objectives: “Look for sustainable funding
opportunities to continue partnerships with Lourdes Health Network Services to continue utilizing
embedded Mobile Outreach Professionals.”
5.3 HOMELESSNESS OUTREACH
The Department has four assigned Homeless Liaison Officers. Two are assigned to the start of the
week and the other two are assigned to the end of the week, covering the day-shift and swing-shift.
These positions are collateral assignments with the main priority of patrol responsibilities. These
four positions were initially funded through a five-year 2017 Community Oriented Policing
(COPS) Grant. Currently, a Countywide strategic plan, a Citywide strategic plan, and a Department
plan do not exist to address the homeless crisis facing cities and communities. The Department is
tracking limited internal data, but not data associated with any Citywide or Countywide
strategically-identified measurements associated with inputs and outputs that would support
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 69
identified goals and objectives. The City does not currently have identified budgeted funds for
addressing homelessness and quality of life issues associated with homelessness.
The U.S. Department of Housing and Urban Development (HUD) conducts a homelessness point-
in-time (PIT) count once a year. The PIT count includes sheltered and unsheltered individuals
across the country. In January 2019, HUD reported that 567,715 individuals were experiencing
homelessness. The PIT count showed half of the people experiencing homelessness are
unsheltered. Compared to those sheltered, unsheltered individuals are shown to be at a higher risk
of illness or disease, are four times as likely as sheltered people to report a physical health
condition, are nearly one and a half times as likely to report a mental health condition, are more
than five times as likely to report a substance abuse condition, and are 25 times as likely to report
all three conditions at once. COVID 19 is expected to cause these categories to rise.
Police departments are often the bridge between homeless community members and available
supportive services.
The Centers for Disease Control and Prevention (CDC) has called for a unified community
approach to COVID 19 where law enforcement, housing authorities, health providers, and other
local stakeholders work together to support people experiencing homelessness. There are examples
of police partnerships that can guide the way to helping people experiencing homelessness and
responses to a public health crisis. A holistic approach to public health and homelessness through
the assistance of the Department and City partnerships may offer connections to emergency
shelter, comprehensive case management, and medical care to those in need.22
The City will need to evaluate how homelessness is currently addressed and how it will be
addressed moving forward, especially with a rapidly growing population. The City should consider
placing homelessness and homeless-related issues under a Quality-of-Life umbrella managed
through the City Manager’s office. These issues are not primarily focused on law enforcement.
They may include associated problems such as abandoned shopping carts, illegal dumping, or
public health concerns, and they often involve navigating solutions that require assistance from
Community Development, Housing, the Fire Department, Public Works, Code Enforcement, and
Parks and Recreation. Homeless strategies involve the consideration of public health and safety,
housing opportunities and displacement support, affordable housing, strengthening systems of care
and support, public policy and community engagement, system navigation, and collaborative
efforts to increase regional capacities. A strategy under the umbrella of the City Manager’s office
may provide more efficient and effective responses for meeting identified strategic needs.
22 The Center for Court Innovation (December 2020) Sharing the Solutions: Police Partnerships, Homelessness, and
Public, (13:12), Health, https://cops.usdoj.gov/html/dispatch/12-2020/sharing_the_solutions.html
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 70
The Washington State Department of Commerce is responsible for a five-year state strategic plan
and annual reports to the state legislature on state efforts to address homelessness. The State
Department of Commerce reports that there is a high per-capita homeless population in
Washington State, which started to increase in 2013 based on housing costs. Understanding
homelessness requires understanding the base of housing assistance, land use planning,
infrastructure, and job development opportunities. Local, state, federal, and private expenditures
should be measured for those served and identified outcomes. Counties should be measuring
toward recognized benchmarks.23
Finding #9: The Mobile Outreach Program is operating as a Mobile Crisis Unit.
The current program is a collateral assignment secondary to patrol
response obligations.
Finding #10: Multi-partner, County, and City strategic plans including
operational and financial sustainability are not in place to address
mental health issues or homelessness.
Finding #11: Lourdes Health network tracks some outcome measurements for
grant-reporting responsibilities. The Department does not have
internally identified objectives for tracking mental health outreach
and homeless outreach objectives and outcomes.
Finding #12: Service gaps remain in the criminal justice and mental health care
pathways.
Finding #13: Current policy states sworn staff receive mental health training at
the academy and then Crisis Intervention Training annually,
internally, with a stated goal of attaining the 40-hour class for 25-
percent of commissioned officers.
23 Washington State Department of Commerce (2018) Homeless Assistance,
https://www.commerce.wa.gov/serving-communities/homelessness/state-strategic-plan-annual-report-and-audits/
City of Pasco, Washington
Police Department Strategic Plan
Section 5—Alternative Response – Community Mental Health / Homelessness page 71
Recommendation #9: Work with existing multi-agency partners to develop
regional and City mental health and homeless strategic
plans that align City and County goals, objectives,
programming, and funding sources in a care pathway that
increases patient success, organizational efficiency, and
decreases adverse community impacts while aligning
with law enforcement programming, data collection, and
funding sources.
Recommendation #10: Establish clear mental health and homeless internal and
external outcome measurements that support City
objectives and goals, regional strategic plan objectives
and goals, and ensure these outcome objectives are
consistently reviewed and accessed to provide positive
alternative service delivery mechanisms to the Pasco
community
Recommendation #11: The Department is working on 40 hours of Crisis
Intervention Training for all sworn staff and is updating
current policy to reflect this. The Department should
continue to ensure this goal is accomplished while also
identifying and implementing any annual updated and on-
going training needs.
Recommendation #12: The City should consider an umbrella homeless strategy
under a City department outside of the Police
Department, which continues to receive Police
Department support while also receiving coordinated
support through Community Development, Housing, the
Fire Department, Public Works, Code Enforcement,
Parks and Recreation, and Quality of Life mechanisms.
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City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 73
SECTION 6—SUPPORT OPERATIONS DIVISION
The Support Operations Division of the Department is the second and smaller division of the
organization. It primarily consists of the organization’s investigative units. While Patrol Officers
conduct preliminary investigations and some follow-up investigations of minor offenses, the
agency’s investigative units are responsible for follow-up investigations of more serious crimes.
The Division is commanded by a Police Captain and is divided into four sub-divisions, or work
units: the Investigation Services Division (Unit); the Street Crimes Division (Unit); the Resource
Division (Unit), which at the time of this analysis in 2021 was located within Support Operations
but was moved to Patrol in January 2022; and the Records Division (Unit). Each of these sub-
divisions is led by a Police Sergeant, except for the Records Division, which is led by a Lead
Public Services Specialist.
6.1 INVESTIGATION SERVICES DIVISION (UNIT)
The Investigation Services Division (Unit) investigates general crimes up to and including
homicide cases. The Unit is currently organized with seven Detective Police Officers, one full-
time Evidence Technician, and a backup position filled by one of the full-time Records Clerks.
The Unit is supervised by a Detective Sergeant. The current staffing level was achieved in 2018
when two additional Detectives were assigned to the Unit.
6.1.1 Case Management
Cases are assigned to the Detectives by the Detective Sergeant, who also manages the Detective’s
caseload using the I-LEADS Case Management Module of the agency’s Records Management
System software.
Cases are assigned evenly among the Detectives; however, the Supervisor does assign some to
specific Detectives with specialized skillsets gained through experience and training. These cases
include primarily child sex crime cases but can also include missing persons, sex registrant, arson,
and cases involving extensive forensic technology requirements.
In the criminal investigations arena, when the number of cases needing specialized training and/or
experience reaches a certain point, it is best practice to consider creating a specialized investigative
unit. Like the medical field, where “general practitioners” provide routine medical care to patients,
for specific ailments, they refer their patients to “specialists” in areas such as orthopedics, or
oncology, or rheumatology, etc. As a result, investigative units are sometimes divided into
specialized case units. One of the more common specialized investigative units is a Special
Victim’s Unit (SVU). An SVU is a separate investigative work unit that follows up on criminal
cases involving a specified set of victims, which is determined by the Police Chief.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 74
The most common types of criminal cases Citygate sees assigned to a SVU are:
◆ Sexual assault cases
◆ Domestic violence cases
◆ Crimes against children
◆ Crimes against elders
While these are the most common types of SVU cases, a thorough analysis of all cases assigned
to investigations should be considered. Citygate assessed all cases assigned to Investigation
Services in recent years and applied this analysis to them, dividing them into general crimes and
special victim crimes. The results are reflected in the caseload data in the following table, showing
case data from 2016 to May of 2021.
Table 11—Investigation Services Division Cases – 2016–2021
Unit 2016 2017 2018 2019 2020 2021*
Total Cases Assigned 322 175 288 272 254 258
General Crimes Assigned 71 101 153 131 94 123
Special Victims Assigned 251 74 135 141 160 135
Active 8 0 6 4 7 105
Arrest or DA Referral 72 57 107 130 110 63
*2021 Case data is projected based on cases to date as of May 1, 2021. Active cases will likely be lower.
6.1.2 Victim / Witness Assistance Program
The Department has partnered with Franklin and Benton Counties to provide a part-time Domestic
Violence Coordinator. To fund this position, the Department receives federal grant funding
administered through the Washington State Department of Commerce’s Office of Crime Victims
Advocacy. The federal grant is called the Violence Against Women STOP Grant Program.
The Domestic Violence Coordinator splits time between the Department (24 hours per week) and
the Benton and Franklin County Prosecutors’ Offices. The following statistical case data
summarizes the Coordinator’s workload.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 75
Figure 14—Domestic Violence Coordinator Activity Statistics – 2016–2020
The Domestic Violence Coordinator activity statistics reflected in the previous figure are a
summary of workload data provided to Citygate by the Coordinator and is not a reflection of the
number of domestic violence calls for service nor cases handled by the Department. Rather, it is a
summary of the Coordinator’s activity as it pertains to the Department domestic violence calls and
cases. The figure includes the following Coordinator responsibilities:
◆ Initial phone contacts and attempts to contact victims
◆ In-person victim/advocate contact
◆ Protective order assistance
◆ Attempts to contact victims
◆ Follow-up domestic violence information sent
◆ Exchange of information regarding each case
◆ Court hearing assistance
◆ Translating assistance
◆ Other miscellaneous assistance
Citygate assesses that the Domestic Violence Coordinator Program provides a vital service to the
community. However, the current Domestic Violence Coordinator is limited in her ability to serve
a wider victim population by the number of hours she dedicates to the Department, and the scope
of service restrictions of the STOP Grant.
514
1241
1427 1492 1431
0
200
400
600
800
1000
1200
1400
1600
2016 2017 2018 2019 2020
Domestic Violence Coordinator Activity Statistics
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 76
As the Department implements other recommendations of this report about the SVU, it should
consider expanding the Domestic Violence Coordinator Program to include all crime victims in
need of assistance, beyond that which the STOP Grant allows. The SVU should be organized with
one full-time Victim Advocate initially, and as cases grow expand to two Victim Advocates.
6.1.3 Investigation Services Summary
Based on Citygate’s review of the cases assigned to Investigation Services and the fact that the
Supervisor is de facto creating a specialized unit by assigning certain cases to Detectives with
specific experience, primarily in child sex cases, the Department should consider establishing a
Special Victim’s Unit.
This would also address the supervisory span of control issue, at eight to one, that Citygate assesses
is considerably high.
As later discussed in Section 6.7 and shown in Citygate’s recommended organization chart in
Section 2.2.3, Citygate also recommends adding one full-time Administrative Support staff person
for the Investigation Services Division.
Finding #14: The number of cases requiring specialized training and/or
experience justifies creating a specialized investigations unit.
Recommendation #13: Consider creating a Special Victim’s Unit that handles
sexual assault cases, domestic violence cases, crimes
against children, and crimes against the elderly. Add one
Detective Sergeant to supervise the new Unit, transfer
three of the seven Detectives to the Unit and add one
Detective (Police Officer) to the Unit.
6.2 RESOURCE DIVISION (UNIT)
The Resource Division (Unit) is organized under the Support Operations Division. Although
labeled a “division” it is a work unit. The Resource Division is supervised by a Police Sergeant
who reports directly to the Patrol Division Commander (Police Captain). The Unit is further
divided into two sub-units that include the Area Resource Officer Program and the School
Resource Officer Program which will be assessed separately.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 77
6.2.1 Area Resource Officers Program
The Area Resource Officer Program’s primary focus is crime prevention and community
engagement. There are four Police Officers assigned as Area Resource Officers (ARO) with each
ARO assigned to a geographical zone of the City. Each “zone” of the City has an established Mini-
Station from which the AROs work. The stated purpose of the Mini-Stations is to “create a more
personalized relationship with the community and the police department.”
The AROs are the primary ambassadors for the Department regarding several crime-prevention
programs which include:
◆ Neighborhood Watch – A nationally recognized crime-prevention program
centered around organizing the community to engage with each other as well as the
police department to prevent crime at a very local level.
◆ Business Watch – A program similar to Neighborhood Watch but focused on local
business which includes communicating business crime alerts and presenting crime
prevention classes to businesses.
◆ Citizen’s Academy – A community-engagement program designed to give
members of the community an inside look at how the Department conducts
business. Participants attend a nine-week training program where they are
introduced to various functions of the Department such as crime scene
investigations, patrol procedures, use of force, etc.
◆ Crime Free Multi-Housing – A program designed to help owners, managers, and
tenants of rental properties reduce illegal activity on their property.
◆ Sex Offender Watch – A program where AROs conduct periodic compliance
checks with registered sexual offenders who reside within the City limits.
Citygate finds that the Area Resource Officer Unit is effectively engaged within the community.
However, it is difficult to measure success when it comes to community engagement, and the ARO
program does not have well established workload indicators to measure. Establishing reliable
workload indicators will help the Police Chief determine when additional staff should be deployed
to this work unit.
The nature of most crime prevention programs, including the programs deployed in Pasco, should
not be considered duties that only a commissioned Police Officer can perform. The Department
should consider expanding crime prevention programs leveraging Community Service Officers,
who are non-commissioned, but are uniformed officers of the Department.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 78
6.2.2 School Resource Officers
The Department partners with the Pasco School District to provide a School Resource Officer
program that consists of five School Resource Officers (SROs) assigned to cover eight schools
(four high schools and four middle schools). According to a Pasco School District representative
Citygate spoke to, the total student body population for the District is over 18,000 (including the
elementary schools).
The primary purpose of any School Resource Officer Program, and Pasco is no exception, is to
help ensure a safe learning environment for all students. SROs, who are fully qualified
commissioned (sworn) Police Officers do this by fostering positive relationships with students.
Positive relationships include counseling and mentoring students as well as educating and
enforcement when necessary.
The strength and effectiveness of the partnership was highlighted in a January 2020 Newsletter
published by the Pasco School District that states:
“Many in the law enforcement community view the school resource officer as a bridge between
law enforcement and our community’s youth. The relationships that these officers develop with
our students are essential to fostering a community-based policing approach. These relationships
also play a vital role in the prevention of school violence, and many times, these officers find
themselves serving as mentors and informal counselors for these students.” 24
Case Management
The following table shows call volume for SROs from 2016 through June 1, 2021.
24 https://www.psd1.org/cms/lib/WA01001055/Centricity/Domain/1028/Issue%20160%20%201 -29-20.pdf
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 79
Table 12—School Resource Officers Call Volume – 2020–2021
School Resource
Officer
Number
of
Students
2016–
2017*
2017–
2018*
2018–
2019*
2019–
2020*
2020–
2021*1 Total*
Pasco High Officer Baker 2,375 136 119 353 329 343 1,280
Chiawana High Officer King 3,071 136 159 352 352 413 1,412
Delta High (STEM) Officer Santiago 404 13 22 25 32 74 166
New Horizons –
Continuation Officer Santiago 349 0 19 33 19 34 105
Ochoa Middle Officer Sweeney 1,016 57 72 287 196 139 751
Stevens Middle Officer Sweeney 1,116 35 44 224 180 137 620
Mcloughlin Middle Officer Cano 1,141 71 61 51 49 132 364
Ray Reynolds Middle Officer Cano 1,135 0 0 0 13 120 133
Total 10,607 448 496 1,325 1,170 1,392 4,831
* Number of calls for service
1 School Year 2020-2021 CFS Data is projected from call data as of June 1st
Best practices in SRO staffing can vary depending on the geographical size of the jurisdiction and
the complexity of the types of calls handled by the officers. According to the National Association
for School Resources (NASRO), one SRO is recommended for every school. Citygate believes
that while current SRO staffing should be increased, one SRO for every school, including
elementary schools, would be fiscally constraining to the District since SROs are funded by the
School District. That said, Citygate does recommend seeking additional SRO staffing for all
middle and high school with a student body population of at least 1,000 students.
Given the fact that the Department has five SROs currently handling eight campuses (including
the STEM (science, technology, engineering and math) and continuation high schools), and
Citygate’s suggestion with regards to additional staffing of the middle schools, the Department
should note that the number of current SROs is reaching the limit of recommended supervisory
span of control.
In addition, the Unit Supervisor already supervises nine Police Officers (five SROs and four Area
Resource Officers). A span of supervisory control of nine to one is thin when the work involved
is within the same unit. Combined with the fact that the SROs have a different mission than the
Area Resource Officers, additional supervision is justified. Additionally with the passage of
Washington State legislation (Engrossed Substitute House Bill) ESHB 1113, the School Resource
Officer programs will need to have increased responsibilities, training, and supervision.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 80
6.2.3 Resource Division (Unit) Summary
In summary, the Resource Division (Unit) is two distinct work units supervised by one Police
Sergeant with a supervisor span of control of nine to one. Citygate finds this unreasonable. The
Department should spit these units and increase supervision and management.
Finding #15: The Resource Division Supervisor has a span of control of nine to
one.
Finding #16: Two School Resource Officers are tasked with covering four middle
schools, each with a student body population in excess of 1,000
students.
Recommendation #14: Split the Resource Division into two separate work units
to include the School Resource Officer Unit and the Area
Resource Officer Unit. Add one Police Sergeant to
supervise the newly formed School Resource Officer
Unit.
Recommendation #15: Seek additional funding from the Pasco School District to
allow for one SRO at each middle school and high school
that has a student body population over 1,000 (two Police
Officers).
Recommendation #16: Combine the two newly formed units (School Resource
Officer Unit and Area Resources Officer Unit) with the
Records Unit for a new Bureau, the Community
Resources Bureau. Add one Police Lieutenant to manage
this Bureau, and act as the Department’s Public
Information Officer, reporting to the Support Services
Division Captain.
6.3 STREET CRIMES DIVISION (UNIT)
The Street Crimes Division Unit (SCU) is organized under the Support Operations Division and
consists of four Detectives (Police Officers) supervised by one Detective Sergeant (Police
Sergeant). There are three additional Detectives who are assigned to the SCU for administrative
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 81
purposes only as they are under the operational control of regional multi-agency task forces that
are managed outside of the Department. Those task forces include:
◆ Tri-City Metro Drug Task Force – Regional Multi-agency task force from
Benton and Franklin Counties which focuses on mid-level drug trafficking
operations.
◆ The FBI Violent Crimes Task Force – Federally-led multi-agency task force
focused on the area’s violent and gang crime.
◆ Drug Enforcement Agency (DEA) Drug Task Force – Task force led by DEA
focused on higher level drug trafficking operations.
The SCU is Pasco’s version of what many agencies would refer to as a crime suppression or anti-
crime team. The Unit uses proactive policing techniques to seek out problem areas of the City and
solve them. Detectives within the Unit are encouraged to proactively engage in higher profile
patrol calls for service and work to solve violent and complex crime issues.
The Unit spends most of its time responding to or investigating gang-related crime such as burglary
rings, etc. The Unit also performs some street-level drug enforcement as well as assisting other
crime suppression and/or anti-crime law enforcement units such as the aforementioned task forces.
Currently the SCU Sergeant is the only one in the work unit due to staffing shortages in Patrol,
and one person is insufficient to adequately support Patrol Officers and provide beat and
geographic accountability. The SCU staffing will return to five when the current new hire Officers
complete their field training.
6.3.1 Case Management
The following table shows total cases assigned for the Street Crimes Unit from 2016 through May
2021.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 82
Table 13—Street Crimes Unit – Total Cases Assigned – 2016–2021
Cases 2016 2017 2018 2019 2020 2021*
Total Cases
Assigned 98 82 77 45 87 29
Active 2 0 5 5 2 4
Cleared by
Arrest 54 49 39 34 46 13
Other Arrest 651 699 346 460 218 264
Referred to
Prosecutor 14 5 1 3 3 1
Most Frequent
Case METH METH METH METH METH DV-VIOL
Assets Seized unavailable unavailable unavailable $180,000 $350,000 $14,971
Search Warrants
Written unavailable unavailable unavailable unavailable 35 40
Guns Seized unavailable unavailable unavailable unavailable 20 16
*2021 data is through June 3, 2021
Case assignment in the SCU comes from the Detectives themselves. They proactively take higher
profile calls for service from patrol and conduct follow-up beyond patrol capability given their
9-1-1 response requirements.
The SCU Supervisor provided the statistical data in the previous table; however, there is no
standardized set of workload indicators or metrics by which to measure the overall effectiveness
of the Unit. Citygate, however, believes the SCU is performing an essential crime suppression
function for the Department.
As the City grows, the Department should consider expanding this team to six Detectives. Given
normal staffing issues associated with vacations and sick leave, etc. it is difficult to conduct some
crime suppression operations with fewer than four officers.
Finding #17: The Street Crimes Unit is an effective anti-crime unit operating in
Pasco. However, no caseload metrics have been established to
monitor when the Unit should be expanded.
Finding #18: Staffing disruptions due to sick leave, vacations, etc. create
operational risk in conducting crime suppression tasks such as a
rolling surveillance and/or a buy bust operation.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 83
Recommendation #17: Command staff should develop caseload metrics to
measure the efficacy of the Street Crimes Unit and the
volume of work to trigger Unit expansion decisions.
Recommendation #18: An increase in staffing of the Street Crimes Unit should
be considered as the City grows to sustain crime
suppression operations during staffing disruptions due to
sick leave, vacations, etc.
6.4 COMMUNICATIONS
The communications function plays a vital role in effective law enforcement agencies. The first
point of contact for citizens requesting assistance is often 9-1-1 operators. The efficiency of
collecting and disseminating information is directly related to the safety of personnel, the safety
of citizens, and the outcomes of in-progress crime.
The Department does not have an in-house Public Safety Dispatch Center. Dispatch services are
contracted through the Southeast Communications Center (SECOMM).
6.5 RECORDS
The Records Unit within any law enforcement
agency is a primary responsibility that, among
other things, touches every police report. The list
of duties includes being the first point of contact
for walk-in customers and anyone who wants to
call the Department but is unsure who to contact.
The Unit also provides customer service to those
who reach out to the Department, as well as other
City, County, state, and federal agencies who
request assistance. Additional responsibilities
include firearms transfers, processing all
Concealed Weapons Permits for City residents, court orders (for three courts), vehicle impound
requests, misdemeanor warrant processing, records checks, public records requests, fingerprint
processing, NIBRS (National Incident-Based Reporting System) reporting, interacting with
evidence.com, touching all reports where a case number is pulled, and more. Within the last year,
the Records Unit passed an audit of access that covered criminal, non-criminal, and IT access.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 84
It should be noted that sex offender registration processing takes place at the Franklin County
Sheriff’s Office.
Several statutes that govern the Records Unit include:
◆ Washington State Secretary of State (SOS) recommends the use of retention
schedules (2017) in conjunction with the Local Government Common Records
Retention Schedule (CORE). The SOS offers an online resource for managing law
enforcement records.
◆ WAC 434.663.600 refers to the imaging of documents for retention.
◆ RCW Chapter 10.97 refers to the Criminal Records Privacy Act.
◆ RCW 13.50.050 refers to the maintenance, access, and destruction of juvenile
offense records.
◆ RCW 46.52.080 refers to the confidentiality of reports and information to be
disclosed (evidence).
◆ Pasco Police Department Policy Chapter 82 refers to the operations of Central
Records.
The current staffing model includes a Police Services Specialist (PSS) Lead and four PSS staff.
One of the PSS staff serves as a backup Evidence Technician (leaving 3½ PSS staff).
However, in August 2021, one of the PSS staff resigned and moved to an agency for better benefits.
In years past, the Records Unit was staffed with a Supervisor and seven PSS.
Staffing is problematic when considering long-term viability and succession planning. The PSS
Lead is set to retire around 2026. She will have 36 years with the City. The PSS staff stay for one
to three years, then move on. There are opportunities to build a long-term staffing model and
provide succession planning. If the PSS Lead were to leave soon, the Records Unit would sustain
a loss difficult to overcome. The disruption would be felt throughout the Department for over a
year. Current PSS staff have approximately one year of service with the Department. During
Citygate’s study of the organization, Records Unit staff decreased due to one resignation.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 85
The staffing problem lies in two areas: salary and
benefits, and workload. A review of local salaries and
benefits for similar positions would provide guidance
on adjustment recommendations. With the current
staffing model, only the bare minimum required
responses to state and local mandates can be
performed. Additionally, training and career
development suffers.
Part of the scope of work for this project includes the
assessment and evaluation of current and future service demands and service levels relating to
staffing. The Records Unit (front counter) is open Monday through Friday, 8:00 am to 5:00 pm.
The PSS Lead works Monday through Friday 7:30 am to 4:00 pm and will fluctuate her schedule
based on the need (vacations, sick calls, etc.). The remaining PSS staff work in pairs; two begin
work at 6:00 am and 7:00 am, and two start at 8:30 am. On Mondays, the workload is intense
processing citations and arrests from the weekend. This process requires two PSS staff full-time
to process workflow of generally 100 documents. Tuesday through Friday, the morning document
processing is generally 30 to 40 documents and is manageable. Most of the staff are cross-trained
for most of the tasks, except for the two staff who process the morning citations and arrest reports.
The PSS Lead spends much time supporting the PSS staff. Additionally, she develops and
disseminates monthly crime statistics and NIBRS reports (uploading a batch file to the state system
and then reporting and sharing it with the Pasco Crime Analyst who shares it with command staff),
performs records purging, and works on projects and other responsibilities as needed. The PSS
Lead lacks the time and resources to develop staff, provide strategic planning for the Unit, or plan
training.
The PSS staff are helpful and productive. However, there are limited opportunities for
contemporary training. Training offers to “sharpen the saw” and increase retention. Citygate
recommends annual training or updated training for all Records Unit staff.
In addition to citation and report processing, evidence.com processing and Public Records Act
(PRA) requests are time-intensive. PSS staff must create an event for each citation or report that
involves any form of evidence. PRAs can come from several sources including the City Clerk,
emails for PRAs, the GovRequest website, 3-1-1, and Track-It. PRA responses are governed by
the Washington State Public Records Act RCW Chapter 42.56. Police report requests are directed
to the records@pasco-wa.gov email address and are handled individually. In an era of
transparency, information gathering, and insurance report requests, the PRA and records request
tasks are increasing annually. To increase efficiency, it may be beneficial to identify a single
contact for all such requests. Many police departments across the country are experiencing such
increases in PRAs and similar record requests.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 86
The Records Unit staffing shortage could improve with the use of volunteers. While there is a
front-end cost for volunteer staff (background checks, training, etc.) the benefits may be worth the
effort. The recruiting and onboarding timeline could be reduced by putting more resources in
background processing. It may be beneficial to create a list of responsibilities such as email and
phone responses, filing, and fingerprinting that increase efficiency while decreasing staff
responsibilities and stress.
The Records Unit operates its RMS (Records Management System) through Intergraph. However,
the Department will migrate to the Tyler CAD/RMS system in the first quarter of 2022. The
migration to Tyler will provide better integration with records processes and dispatch
recordkeeping.
While examining staffing efficiencies, Citygate observed the operational workflow of the Records
Unit. Citygate applauds the efforts of the Records Unit staff for making the most out of technology
resources. Citations and reports are electronic and are entered directly into the RMS. Most tasks
are completed electronically. Some tasks require validation or supporting documentation, where
printing and scanning are required such as court orders, secondary notices, and warrant
confirmations. For the most part, however, tasks are completed using technology.
The purging of documents is a labor-intensive task mandated by the Secretary of State (SOS) and
the stated retention policy. However, consideration should be given to the SOS Records
Management Advice of September 2020, essentially stating that paper records can be destroyed
after scanning/imaging as long as certain steps are followed. Citygate recommends consideration
be given to developing a Citywide policy on adopting the SOS records management advice.
During the workload analysis of Records Unit staff, it was unsurprising to learn that orders,
warrants, and requests had declined in the COVID-19 pandemic era. However, with the anticipated
housing and business expansion in Pasco, coupled with the deceleration of the pandemic, the
Records Unit can expect a sharp increase in records requests and processing. The following table
shows the volume of court orders, warrants, and report requests from 2017 through June 2021.
Table 14—Records Requests – 2017–2021
Year Court Orders Warrants Report
Requests
2017 1194 1241 1651
2018 1275 1214 1129
2019 1323 1264 1351
2020 918 1079 772
2021* 654 799 506
*2021 data is through June 2021
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 87
The Records Unit staff are working at capacity. However, there are opportunities for increasing
efficiency and regulatory compliance. A volunteer or two could support phone and email responses
and walk-up counter inquires. Also, a CSO position could assist with warrant processing during
daytime and off-peak hours. Additionally, they could assist PSS staff with annual records purging
and filing. Every 30 days, the PSS Lead must perform warrant validations to ensure data is entered
correctly into the County and state systems and make the necessary corrections. The errors can
come from local staff or custody staff at the Franklin County Jail during the booking process. A
typical validations report contains about 100 pages of gun serial numbers, stolen car data, court
errors, and similar information. The validation process can take 1–1.5 days of uninterrupted time.
Additionally, each arrest report must be reviewed to ensure accuracy.
Based on Citygate’s review of the Record Unit’s responsibilities and review of staff longevity and
efficiency, the Department should consider re-establishing the Records Supervisor position, and
maintaining the PSS Lead position. Additionally, include a volunteer or two to remove smaller
tasks such as email responses, phone calls, and walk-up contacts. These changes would enhance
the Department’s ability to retain staff and develop a succession plan, while increasing staff
efficiency.
Finding #19: The limited number of staff coupled with limited opportunities
warrant the re-establishment of a Records Supervisor position and
volunteer additions.
Finding #20: A Citywide policy addressing Secretary of State records
management is not in place.
Recommendation #19: Consider adding a Records Unit Supervisor to manage
strategic planning for the Records Unit, develop and
mentor personnel, and develop succession planning.
Recommendation #20: Consider adding volunteer staff and/or Community
Service Officer positions to support Records Unit
operations.
6.6 PROPERTY AND EVIDENCE
The Department’s Property and Evidence Section is organized under the Investigation Services
Division (Unit) and is staffed with one full-time Evidence Technician who reports to the Detective
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 88
Sergeant. In addition, the Department has cross-trained a Police Services Specialist from Records
to serve as a backup to the Evidence Technician. The following figure shows the workload trend
for the Property and Evidence Section from 2015 through April 2021.
Figure 15—Workload Trend for Property and Evidence – 2015–2021
Citygate assesses that current staffing of one full-time Evidence Technician is sufficient for the
workload at present levels. However, utilizing a Police Services Specialist as a backup is not a
viable long-term staffing solution. The Department should monitor the workload in the Property
and Evidence section and consider adding a second full-time Evidence Technician as the workload
increases. Citygate also advises the Department to consider hiring a part-time Evidence Technician
who can be trained fully on property room and evidence handling procedures in lieu of the Police
Services Specialist.
Finding #21: The Department maintains a limited drying room for processing
evidence.
Finding #22: The Department does not have temporary evidence storage lockers.
Recommendation #21: The Department should consider investing in several
drying lockers.
4108
4625 5000
5417
4776
4115 4345
0
1000
2000
3000
4000
5000
6000
2015 2016 2017 2018 2019 2020 2021
Items of Evidence or Property Booked
* 2021 is through April 30, 2021
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 89
6.7 OTHER SUPPORT DIVISION UNITS
6.7.1 Administrative Support Services
The Department currently has one Administrative Assistant II responsible for supporting the entire
organization. The Administrative Assistant II currently supports every supervisor, manager, and
all executive managers, across all processes within all units and divisions.
These responsibilities include, but are not limited to, accounts payable, time sheets, payroll
processes, facilities, overtime tracking, supplies and purchasing, continuous collaboration with the
Finance Department, background processes and file contents, pre-employment processing and
scheduling, grant monitoring and reporting, re-imbursement requests, traffic enforcement
responsibilities, per diem and travel arrangements for training, Blue Team and IA Pro, monitoring
civilians in the organization without position authority, City Council agenda packets, Commission
on Accreditation for Law Enforcement (CALEA) and Washington State Sheriff and Police Chief’s
Association (WASPC) compliance assurance, retention and purging, memorandum of
understanding updates, budgeting, contracts, managing Outlook calendars across the organization,
and Public Records Act responsibilities including body worn and vehicle cameras. Citygate’s
review of the organization made it absolutely clear the current Administrative Assistant is tasked
with a multitude of responsibilities. As the Department grows to meet community demands,
capacity will be at maximum without also growing this portion of organizational infrastructure.
The Department currently has an Accreditation Specialist. This is a separate role than those that
encompass Administrative Assistant duties and responsibilities. Based on role and responsibility,
the Accreditation Specialist reports directly to the Professional Standards Captain while the
Administrative Assistant II has become responsible for supporting the entire organization.
Organizational infrastructure growth should be a consideration across all sworn and civilian units
within the Department. Efficient operational management of police departments requires
established expertise from support staff. Support staff have specialized organizational understating
and expertise in Citywide operational needs, reporting, processes, and a variety of practices. These
skill sets not only assure efficiency within an organization, but they are also rarely a high-level
commodity or known skill set for sworn staff. This knowledge and expertise allow sworn staff to
focus on identified organizational priorities.
Currently, there is no succession plan in place to maintain the knowledge and expertise of the only
Administrative Assistant supporting the Department.
Citygate is a proponent of the Chief of Police having a dedicated Executive Assistant based on
role and responsibilities. In the Department, this role has become a Department-wide staff support
mechanism for the entire organization. An established Executive Assistant should continue to
maintain a high level of interaction with Blue Team and IA Pro since this should be directly linked
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Police Department Strategic Plan
Section 6—Support Operations Division page 90
to the Chief and Deputy Chief’s office. In addition, an Executive Assistant role could include
supervisory responsibilities for added administrative professional staff throughout the organization
while also establishing a succession plan for the organization moving forward.
Citygate is recommending a conversion of the current Administrative Assistant II to an Executive
Assistant position within the organization. The Executive Assistant can also support the Deputy
Chief. Citygate is recommending backfilling this Administrative Assistant II position full-time and
adding administrative support throughout the organization, including: adding one full-time
Administrative Support staff person to support the Operations Bureau Captain (half-time) and the
Support Services Bureau Captain (half-time); and adding one full-time Administrative Support
staff person for the Investigation Services Division. In total, these recommendations represent the
conversion of one administrative position and the hiring of three administrative positions. These
recommendations are noted in our short- to mid-term recommendations in the Executive Summary
and Section 9. The Department should also consider additional Administrative Support staff
personnel in the future for a variety of units and divisions including training, personnel, and
equipment, patrol, investigations, and overall support. These positions, although assigned to a
variety of day-to-day managers, can be trained, mentored, and evaluated by the Executive
Assistant to ensure succession planning. Citygate recognizes these recommendations will require
collaboration with the Pasco Police Officers Association and compliance with the Regional Code
of Washington and the Washington State Public Employment Relations Commission. Citygate
also recommends a Management Analyst for budget and financial support (see Fiscal Section and
proposed organizational chart).
Finding #23: There is currently one Administrative Assistant responsible for
supporting the entire Police Department.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 91
Recommendation #22: The current Administrative Assistant II should be re-
classified and upgraded to an Executive Assistant. The
Department should consider phasing in additional
administrative support staff positions to maintain future
efficiency and organizational excellence moving forward.
This includes backfilling the Administrative Assistant II
position full-time, adding one full-time Administrative
Support staff person to support the Operations Bureau
Captain (half-time) and the Support Services Bureau
Captain (half-time), and adding one full-time
Administrative Support staff person for the Investigation
Services Division.
For the most part, the Department has moved away from paper reporting for payroll services and
is connected to the Finance Department through a New World software platform. However, the
Department still uses paper overtime slips to connect multiple time entries. This appears to be
inefficient in 21st Century Policing and the system should be capable of accepting added coding
mechanisms. Policies should reflect any changes within these systems.
Finding #24: The Department is still using paper systems for certain overtime
coding.
Recommendation #23: The Finance Department should incorporate coding that
eliminates the need for paper overtime reports. This will
enhance efficiency.
6.7.2 Accreditation
An Accreditation Specialist handles the Department’s day-to-day accreditation efforts in
congruence with Department Policy 11.4.3. The Specialist is non-commissioned, has several
responsibilities, and reports to the Professional Standards Captain. While accreditation of CALEA
and WASPC are primary responsibilities, the Accreditation Specialist’s attention is diverted in
several directions.
The Accreditation Specialist is responsible for organizing and approving assessments, annual
reports, inspections, and reviews, assessing changes to the accreditation process and updates,
maintaining accreditation files, maintaining proof of compliance, streamlining workflow
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 92
processes, creating forms, and providing English-Spanish translations. The Accreditation
Specialist also maintains an MS Excel spreadsheet for the Chief’s Administrative Assistant, Patrol
Services, Support Services, and Support Training to track officers’ activity.
For training, the Accreditation Specialist assists with training approval and organizing training
files. She can provide proof of an officer’s attendance in a specific class. She is helping with
developing a centralized location to pull reports, check lesson plans, and attend rosters. This
process is currently being manually tracked through PowerDMS. The tracking of agency training
can be effectively tracked by using contemporary training software designed specifically to track
and assign software. Some of the software providers include:
◆ Police Track Systems
◆ Training Integrated Management Software (TIMS)
◆ L.E.A. Data Technologies Training Database
The Department received a recent CALEA Accreditation report dated August 4, 2021. Three off-
site CALEA representatives conducted a remote examination of the 738 standards that CALEA
examines using Law Enforcement Manual Version 6.11. Standards issues are listed on page three
of the CALEA Report. Twenty-five standards issues are at various stages of completion.
The Department was also accredited by WASPC for the year 2020. In essence, the Department
followed all the WASPC standards in Sections I–VI, except for the following:
◆ Section III – Performance: 5) Did the agency successfully experience an ACCESS
business or CJIS security audit within the past year? – No. The audit was not due
until May 2020 (after the WASPC audit). Note: the Department is currently
compliant.
◆ Section VI – Other Issues: 1) Are you aware of any standard that your agency is
not in compliance with from the previous year? If yes, please explain. – Yes. The
Department was not in compliance during the 2019 assessment. Two officers on
the ACCESS roster were expired but remediated shortly thereafter. Both officers
attended the requisite class on October 1st and were recertified.
The Accreditation Specialist does have a desk manual, which is updated on a regular basis to
include tasks and responsibilities along with policy and procedure updates. The Accreditation
Specialist also has a monthly to-do sheet to review and revise as necessary. Best practices
recommend that each position in the Department has a desk manual and that it be updated annually.
Desk manuals ensure operational continuity when people promote or transfer positions.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 93
6.7.3 Online Reporting
The Department does not have an online reporting system. Moving forward this is an alternative
service delivery mechanism that may enhance organizational efficiency, while also providing the
residents of Pasco with an efficient system to meet community needs. Online reporting
opportunities should identify specific reporting circumstances while the Department identifies
what should be included in online reporting and public education platforms. These reports require
follow up by Records Unit staff, including distribution to sworn personnel and Investigation
Services. The format should not allow submission until all information is appropriately completed.
Lack of information on a report, based on software platforms, creates additional follow-up for
Records Unit staff. If the Department moves toward an online reporting system, policies and
procedures will need to be updated. Consistent reviews and potential updates to online reporting
processes should occur to ensure enhanced workload efficiency, effectiveness, and efficient use of
community resources.
Finding #25: The Department does not have an online reporting system.
Recommendation #24: Access online reporting options to enhance
organizational efficiency and provide an alternative
service delivery mechanism to Pasco residents.
6.7.4 Volunteers in Police Services – Cadets and Reserve Officers
Law enforcement agencies augment staffing with the use of volunteers. Volunteers provide
services to assist commissioned officers and civilian personnel, and provide valuable
administrative and computer work, translation skills, and more. Civilian volunteers can assist in
many areas, including the Records Unit, Investigation Services Unit, Property and Evidence Unit,
Crime Prevention, Area Resource Unit, and Professional Standards. As of December 2021, the
Reserve Officer Program was ended. Due to the new Washington legislative and CALEA
requirements, the Department was not able to fulfill obligations to meet standards.
Volunteers represent a valuable resource that can assist the organization with a variety of
objectives associated with work hours, efficiency, and events. Management responsibilities
associated with Volunteers in Police Services (VIPS) include background investigations, hiring,
training, and equipment coordination.
The Department is engaged in a multitude of special events on an annual basis. Staffing and
special-event staffing is always cumbersome but requires an ability to maintain coverage for
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Police Department Strategic Plan
Section 6—Support Operations Division page 94
safety, traffic management, and parking management. VIPS can not only be vital to internal
efficiency but can also provide a valuable resource for a variety of public events.
The Department makes use of a graveyard Patrol Sergeant as a Volunteer Coordinator. The
Sergeant has other ancillary duties as well. The Department does not have civilian personnel as
volunteers but will occasionally use Explorers or Reserve Officers as volunteers to assist with tasks
like fingerprinting and large events. Citygate recommends a permanent Volunteer Coordinator to
focus on the development and utilization of all Department volunteers. This recommendation will
provide additional support for all levels of operations but will also help develop future staff
(commissioned and non-commissioned). The Patrol Sergeant can help support the new Volunteer
Coordinator position by creating a desk manual.
For clarification, Explorers (Cadets) are people who are interested in the law enforcement
profession but are not old enough to be a Reserve Officer. A Reserve Officer may be person who
is interested in the law enforcement profession but has a full-time job and wants to occasionally
contribute to public safety. Or a Reserve Officer may be in school and is interested in the law
enforcement profession but is unsure if they are ready for a full-time career commitment. The
Reserve Officer and Explorer positions allow the Department to prepare for the future of the
Department.
The City Human Resources description for the position of a Reserve Police Officer, in part, states
they “…are volunteers assigned to support general department functions necessary to maintain
public peace and order, to protect life and property, to prevent crime, to apprehend suspected
violators of the law, and otherwise to assure the enforcement of state laws and city ordinances.”
The Revised Code of Washington (RCW) and the Washington Amended Code (WAC) delineate
the legal and regulatory guidance when referring to Reserve Officers.
◆ RCW 43.101.095 refers to Reserve Officer certification, background, and basic
training requirements.
◆ WAC 139-05 refers to the academy curricula for Reserve Officers, and their 24-
hour annual training requirement.
◆ Chapter 16 of the Department Policy Manual refers to the Reserve Officer Program.
◆ Chapter 45 of the Department Policy Manual refers to Volunteers and Explorers.
The administrative portion of the Reserve Program was managed by a Reserve Lieutenant who
recently passed away, so a void exists. The Reserve Of ficers self-coordinate their activities. The
Patrol Sergeant / Volunteer Coordinator coordinates their training. The Reserve Officers perform
their own backgrounds, execute the hiring process, and perform their own administrative
paperwork. Citygate recommends oversight of the Reserve Program by a full-time Volunteer
Coordinator. In the short-term, a Sergeant (or civilian supervisor) should supervise the
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 95
backgrounds and hiring processes to ensure congruence with Department policy and state
mandates. Reserve Officers augment patrol duties. They help at parades, City events, state track
meets (crowds of 10,000), contract with schools to provide security with crowds of 5,000 to 7,000,
boat races in the summer to support the 15–20 Police Officers who work security and enforcement,
watch crime scenes, and other support roles.
The Explorer (Cadet) Program is supervised by the Patrol Sergeant / Volunteer Coordinator, with
several officers acting as advisors to assist with the Explorers. The Patrol Sergeant coordinates the
events Explorers will attend. Chapter 45 of the Department Policy Manual identifies the
volunteers’ functions and training required to perform the duties they are assigned. Some of the
volunteer functions include fingerprinting, clerical, crime prevention, and the Explorer Program.
Regarding volunteer training, the Department treats Reserve Officers the same as commissioned
officers when it comes to training. Both Reserve Officers and Commissioned Officers are required
by state mandate to complete 24 hours of annual training.
Finding #26: The Department relies on some volunteers to augment some police
services. The Volunteers in Police Services program has great
potential moving forward for the Department and the community.
Recommendation #25: Consider training and utilizing Volunteers in Police
Services in various assignments throughout the
Department to assist with a variety of workload tasks.
Consider creating a Volunteer Coordinator position in
Administrative Support Services to provide full
dedication to developing volunteers, identifying
necessary training, tracking hours, and establishing a
hiring pool for various positions within the organization.
6.8 FACILITIES
Police facilities generally have a life expectancy of 25 years; however, most police facilities
continue to operate far beyond their planned life expectancy. They often become overcrowded,
suffer from a lack of sufficient infrastructure, and have outdated security and safety systems. These
conditions impair staff efficiency, adversely impact morale, have serious safety and security
consequences, decrease policing effectiveness, and promote a negative public perception of police
departments and their professionalism.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 96
The International Association of Chiefs of Police (IACP) Facility Planning Model was written to
assist law enforcement agencies with establishing, integrating, planning, and implementing
various stages necessary to accomplish the tasks associated with developing and transitioning to a
new facility that aligns with best practices while serving communities. Functional police structures
require the guidance of police administrators and appropriate position alignment with available
facilities space. The IACP reference provides police leaders with an 18-step Police Facility
Planning Model applicable to all types and sizes of facility projects, regardless of complexity. The
IACP identifies four facility planning phases. They include Project Initiation, Planning and Pre-
design, Budgeting and Funding, and Design and Delivery.
The City’s current police headquarters is meeting organizational demands and there is some
available space for added staff. However, if the organization accepts Citygate recommendations
contained in this report, staff must grow moving forward to meet the complex policing demands,
which will move the organization closer to facility capacity. Growth of the City will create short-
term and long-term impacts on space and service needs. Facility parameters can and will impact
programming. De-centralization may be a mechanism of allowing the organization to operate at
capacity, but de-centralization can also create negative impacts and inefficient operations for the
Department and the community. Pasco is fortunate to have an opportunity to grow the current
campus location and/or enhance the current training facility that is close to the Department
headquarters. These opportunities allow the City to plan and grow to enhance and modify policing
practices and service delivery as service demands dictate while also possibly building and
promoting a regional facility benefitting the entire Tri-Cities area.
A Department training and de-escalation facility containing rifle and pistol ranges, Force Options
Simulator training, possible virtual reality training in the future, a mat room for defensive tactics
training, and a variety of classrooms will not only assist with space mitigation, but also with best
practice industry standards in meeting Department objectives, legislative compliance, reduced City
and organizational liability, employee wellness, and both short-term, and long-term community
desires.
Finding #27: The Department is currently conducting a separate space needs
study.
Finding #28: Capital improvement project planning has not been a Department
priority until recently.
Finding #29: Currently there are not gun lock boxes adjacent to the operations and
investigations interview rooms.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 97
Recommendation #26: The City should consider facilities capable from all
aspects of organizational and community needs
Recommendation #27: Capitol improvement planning should remain an ongoing
priority for the City and Department.
Recommendation #28: The Department should consider placing lock boxes next
to each holding and interview room.
6.9 INFORMATION TECHNOLOGY
The Department Information Technology (IT) services are managed by an Information Services
(IS) Manager housed in City Hall. There are six to seven IT staff to support the City. One IT staff
member is assigned to the Department on a 50 percent schedule, and has responsibility for UAS,
CAD, radios, body-worn cameras, and tasers to name a few. This IT staff member also shares his
time supporting the Fire Department and Municipal Court. IT Services also supports all stationary
and mobile computing hardware and software, associated contracts and maintenance agreements,
scanners, video conference rooms/equipment, evidence collection software (evidence.com), old
and new in-car Axon video systems, email, mobile iPads and phones, and the Department’s
network. The radio system is provided through a contract by Franklin County and is managed by
Day Wireless (the local Motorola dealer).
The Department Investigations Detectives currently use workstations (non-mobile). There have
been discussions in the past about the value and utility of replacing workstations with laptops,
allowing Detectives to take their laptops with them on cases, so they can write search warrants,
report narratives, training, and other relevant activities. The Department may consider moving
from workstations to laptops to increase operational efficiency. It is worth noting that Street
Crimes Detectives can pull the G-Tech tablets from their cars to be used for report writing like a
laptop.
The CAD system is provided by Intergraph System. The Department is switching to the Tyler
CAD/RMS system, which has a separate module that supports online reporting, in the first quarter
of 2022. Citygate supports the use of online reporting to enhance efficiency and customer service.
The Department sits on a Countywide collaborative network between Franklin and Benton
counties, and the cities of Kennewick, Pasco, and Richland, named BiPIN – Bi-County Police
Information Network. According to a Franklin County Board of Commissioners Agenda Summary
Report dated June 1, 2021, the BiPIN Interlocal Cooperation Agreement was first entered into in
1982 to jointly facilitate one criminal justice record management and information system. In
essence, the agencies participating in the Interlocal Agreement continue to jointly utilize a
common law enforcement and jail records management system for the following purposes:
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 98
◆ Increase access to local incident and want/warrant information
◆ Enhance the sharing of information among the criminal justice agencies
◆ Improve availability of operational and management information
◆ Provide for increased responsiveness to crime analysis and investigative support
functions
◆ Reduce the need for redundant data entry and duplicate files
◆ Provide for improved protection against loss or destruction of criminal information
files.
During the SWOT analysis, the question came up about phones issued to Detectives and the
difficulty of adding separate phone applications (app). The IT department uses a City-centralized
phone system. Washington State regulations require tracking of phones pursuant to the Sunshine
Law. Currently, Detectives need approval from their Captain and then an app can be installed
remotely. The current approval process is effective and secure and appears to be the most effective
way to manage adding apps to a phone.
The City contracted with BerryDunn to provide an Information Services Master Plan (Plan) for
the City with the report being published in March 2021. Several Year 1 strategic initiatives are
listed on page four of the Plan. Due to the COVID-19 pandemic, most of the initiatives were
delayed. Additionally, several initiatives were delayed because they were not included in the
budget.
Finding #30: To increase operational efficiency and customer satisfaction, the
Department would benefit from implementing online reporting for
non-suspect calls for service.
Finding #31: Investigative staff responsible for field responses currently have
limited technology capabilities.
Recommendation #29: When implementing the new Tyler CAD/RMS system,
purchasing the online reporting module would be a
prudent decision to free up staff time and increase
operational efficiency.
City of Pasco, Washington
Police Department Strategic Plan
Section 6—Support Operations Division page 99
Recommendation #30: To increase operational efficiency, the Department
should consider replacing Detective workstations with
laptops that can be used in the field.
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City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 101
SECTION 7—PROFESSIONAL STANDARDS DIVISION
7.1 PROFESSIONAL STANDARDS INTRODUCTION
Public trust is essential to the proper functioning of a law enforcement agency within a community.
The Department must provide pathways for the community to engage about officer conduct.
Consistent and responsive processes must be in place to ensure the c ommunity has reliable
methods to communicate about issues of conduct and transparent methods to hold Department
members accountable.
Professional accountability is managed under the direction of the Chief of Police. Responsibilities
currently assigned include managing and conducting the internal affairs investigations process,
Citizen Complaint processes, and data review.
7.2 INTERNAL AFFAIRS UNIT – PROFESSIONAL STANDARDS DIVISION
Public trust is a vital component of the law enforcement mission. Public trust rests on the
responsiveness of the Department to community expectations and needs. The Department must
give appropriate attention to allegations of misconduct while maintaining a culture of
accountability. Trust provides a foundation for public confidence, and it also promotes
communication and transparency with those served. There is an Internal Affairs (I/A) Sergeant
responsible for reviewing critical incident reports of agencies within Franklin County, and other
duties as required.
The Department Policy Manual for disciplinary and internal affairs is found in Chapter 26. It
reminds employees they shall always conduct themselves, both on and off duty, in a manner that
does not reflect negatively on the Department. The policy describes examples of conduct that may
be subject to disciplinary action.
The policy (26.1.2) also delineates the Performance Reward Systems. The system recognizes the
outstanding service of its employees and citizens who distinguish themselves while assisting the
Department.
Department policy requires the documentation of informal and formal complaints which need to
be tracked and audited. Department policy states they will accept and address all misconduct
complaints following policy and applicable federal, state, and local law, municipal and County
rules. The Department’s policy is also to ensure that the community can report misconduct without
concern for reprisal or retaliation and that residents have access to Department processes. All
Department members will accept all complaints and will promptly forward them to the appropriate
supervisor.
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 102
I/A investigations are stored in the IA Pro system and secured and maintained in the office of the
Chief of the Police. The companion software Blue Team Program is used to report, collect, and
track complaints. The I/A Investigator or assigned command officer reports directly to the Chief
of Police when investigating an Internal Affairs Complaint (IAC) according to Policy 26.2.3.
The Department makes their Citizen Complaint Form available to the public online and at the
Records Unit front counter.
The I/A data provided by the Department is shown in the following figure and table.
Table 15—External Complaints – 2020
Early Intervention Systems like IA Pro and Blue Team are management tools that can identify
individual and group dynamics early. Identification of issues makes it possible to support re-
directed behavior and performance toward organizational goals. Early Intervention Systems can
provide officers with the tools necessary to avoid disciplinary processes, promote officer safety
and wellness, and reduce administrative liability.
Early Intervention Systems provide law enforcement organizations with an ability to track actions
and behavior associated with data collected in support of organizational goals, values, and
missions, and directly related to Department policy, procedure, and training while clarifying the
responsibility of supervisors and managers in an organization.
In 2020, the Department investigated fourteen external complaints, a 52 percent decrease from
2019.
9
Unfounded
Complaints
64%
5
Exonerated
Complaints
36%
External Complaints
Unfounded Exonerated
Number Received Status Finding
20EXT-004 Jan 06 2020 Completed Unfounded
20EXT-001 Jan 16 2020 Completed Unfounded
20EXT-002 Feb 10 2020 Completed Unfounded
20EXT-003 Mar 10 2020 Completed Unfounded
20EXT-006 Mar 10 2020 Completed Exonerated
20EXT-005 Apr 20 2020 Completed Unfounded
20EXT-007 May 08 2020 Completed Unfounded
20EXT-009 May 21 2020 Completed Unfounded
20EXT-010 May 26 2020 Completed Exonerated
20EXT-008 Jun 03 2020 Completed Exonerated
20EXT-011 Jul 01 2020 Completed Unfounded
20EXT-012 Aug 08 2020 Completed Exonerated
20EXT-013 Aug 29 2020 Completed Exonerated
20EXT-014 Sep 24 2020 Completed Unfounded
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 103
The following figure and table show that in 2020, the Department received 10 internal complaints.
Data showed internal complaints increased by 25 percent from 2019. The data was helpful in the
decision-making and review of policies and procedures along with Department training.
The Blue Team software allows critical incidents to be forwarded through the proper chain of
command. The use of Blue Team ensures all complaints are reviewed and investigated on time.
Citygate applauds the Department for making use of technology and being mindful about I/A
complaint tracking and employee behavior.
Table 16—Internal Complaints – 2020
7.3 TRAINING AND QUARTERMASTER
Training is under the direction of a Sergeant with one additional part-time support staff
(Accreditation Specialist). The Sergeant reports to the Field Operations Captain. With the
COVID-19 pandemic, training was negatively impacted. As seen in the following table, many in-
person classes were canceled due to COVID-19, and instead classes were presented using webinar
technology.
Table 17—In-Person Training Costs – 2017–2022
Year Training and Tuition Lodging, Meals, Airfare Total
2017–2018 70,208 120,238 190,446
2019–2020 100,691 71,954 172,645
2021–2022 25,415 24,381 49,796
1, 10%
7, 70%
2, 20%
Internal Complaints
Unfounded Sustained Active Investigation
Number Received Status Finding
20INT-002 Jan 14 2020 Completed Unfounded
20INT-001 Feb 26 2020 Completed Sustained
20INT-003 May 08 2020 Completed Sustained
20INT-004 Jun 18 2020 Completed Sustained
20INT-005 Sep 10 2020 Active Admin Closed
20INT-006 Sep 12 2020 Completed Sustained
20INT-007 Sep 14 2020 Completed Sustained
20INT-008 Oct 08 2020 Completed Sustained
20INT-009 Nov 17 2020 Active Sustained
20INT-010 Nov 19 2020 Completed Sustained
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 104
The Washington Administrative Code (WAC)
describes the “Commission” as the Washington
State Criminal Justice Training Commission
(CJTC), where training, hiring, and employment
requirements are codified, and from which it derives
its authority. The Revised Code of Washington
(RCW) sets the requirements for continuing Police
Officer employment (RCW 43.101.095). The
Department Policy Chapter 21 Section 33.1.1 refers
to training and career development. In part, the
policy directs that a training committee shall assist in the development of the training function and
that the committee shall report to the Professional Standards Captain.
As noted in the Internal Affairs Unit review, the Training Sergeant also doubles as the
Quartermaster (equipment issue) and performs Internal Affairs investigations. The areas of
responsibility for this Unit include maintaining Department training data in the PowerDMS
database, ensuring CJTC compliance with mandated training, coordinating all approved training
courses for Department personnel, managing payment and travel accommodations, coordinating
and managing sponsored training, and coordinating and managing monthly training days. The
Department maintains a designated training room and shares an outdoor firing range with Franklin
County (the Department leases a EVOC Facility near the Hanford Nuclear Facility-Hammer).
After this study’s research was performed, the Professional Standards Unit was moved out of
Training to the higher level of a division due to all the responsibilities of the Training Sergeant.
Professional Standards includes Internal Affairs and Backgrounds, both of which interact with
training data on a regular basis. Additionally, the support staff could be dedicated to assist the
training operational workflow to be more efficient.
WAC 139-05-300 in essence states that Police Officers shall complete 24 hours of in-service
training annually. With Officers working 10.67-hour shifts, one training day is made available
monthly. The Training Unit provides each officer with 120 hours annually of perishable skills
training. Citygate applauds the Department’s efforts to enhance the professionalism of their
officers through extensive training.
The Training Sergeant enters the course lesson plan and attendance roster into PowerDMS. This
information can be verified and used by the Accreditation Specialist for accreditation purposes.
The Training Sergeant sends out an email announcement of upcoming courses with dates, times,
and locations. The entry of lesson plans and rosters is a manual process. A training day schedule
consists of an Excel spreadsheet where names, dates, and notes are manually entered. This process
is time consuming and makes research difficult. The Department should consider a training
software application that would automate the workflow, increasing operational efficiency and
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 105
accountability. Additionally, the roster does not require a student’s signature. The Department
should consider the use of a barcode scanner or similar device to track the training and equipment
of each employee. While PowerDMS reporting can identify who attended a course, it is unknown
how often the report is reviewed and circulated by the executive team for verification.
Additionally, if an officer misses a course, their Sergeant will make a note in BlueTeam and
follow-up for resolution.
Citygate asked the Department for current training records to verify attendance and course
completion percentage. Due to a lack of training software management, the Accreditation
Specialist had to perform a manual records check. The manual method took over two weeks to
process, given the Specialist had to put aside existing tasks to accomplish the training records
request. Using a training software management tool, the request could have been completed within
minutes. Citygate encourages the use of software applications to increase operational efficiency.
A review of a spreadsheet of 2020 Sworn Required Training consisting of 79 commissioned
officers’ names with course titles such as Legal Updates, Crisis Intervention training, Crowd
Control, etc. revealed that a substantial number of officers missed three segments of training; 20
officers missed Legal Update training, 24 officers missed Bias Policing training, and
approximately 35 officers missed De-Escalation training. While there are many justified reasons
for missing required training such as existing personal leave, medical condition, or administrative
leave, officers should have been rescheduled to attend missed training upon their return.
Additionally, the current evidence shows there is an “open -loop” concerning training
accountability. Using a training software application, the Training Manager could run a weekly
report to identify those missing class and can reschedule them to attend the next available course.
Officers missing training should be reported monthly to command staff for correction or
explanation.
Section 33.1.3 of the Department Policy Manual describes the
process for outside training reimbursement. The training request
is made to the Training Sergeant, who obtains approval from his
Captain. Once approved, the Training Sergeant gets the Officer
registered for the course. The Officer will receive
reimbursement after successful completion of the course. This
will happen on occasion for courses like the Master Defensive
Tactics Instructor course, where there is no local availability.
The Department provides de-escalation training in compliance with RCW 43.101.450 which in
part states that after December 6, 2018, all law enforcement officers must receive violence de-
escalation training. Additionally, all officers shall periodically receive continuing de-escalation
training to practice their skills, update their knowledge and training, and learn about new
requirements and violence de-escalation strategies. Also, RCW 43.101.455 in part states that the
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 106
Commission shall consult with law enforcement agencies and community stakeholders to develop
the training requirements for violence de-escalation training curricula. Finally, the Washington
Administrative Code (WAC) Chapter 139-11 et seq. delineates the Law Enforcement and
Community Safety Act (LETCSA) and describes the Commission’s involvement with the violence
de-escalation training mentioned in the previous RCW code sections.
The Department would benefit from growing the existing Training Facility into a de-escalation
facility containing Force Options Simulator (FOS) training, virtual reality (V/R) training, a mat
room, and defensive tactics to ensure congruence with state training requirements. The facility
could become a training center to benefit the tri-city agencies, providing cost deferral.
In part, WAC 39-11-020 states that all peace officers (including laterals) certified in Washington
before December 7, 2019, must complete a minimum of forty (40) hours of continuous de-
escalation training and mental health training every three years after receiving their initial peace
officer certification. This section also includes the minimum required training topics. Citygate
applauds the Department’s efforts on ensuring compliance with mandatory de-escalation training.
The Department has a training facility
where classes take place; an old union hall
that has convenient on-site parking.
However, the facility needs deferred
maintenance. Paint, carpet, and updated
technology would make the space appealing
for offering regional training. Once the
facility has been updated, the Department
should consider becoming a regional
training center. With renewed technology
and furniture, the Department could offset
the maintenance cost with minimal training
fees (course facilitation).
The Department does have a succession plan and a Training Committee that reports to the
Professional Standards Captain. However, the Department lacks a “training plan,” which many
agencies use as a checklist for required and recommended training per position. After the interview
with the Accreditation Specialist, Citygate staff provided the Specialist with several versions of
best practices training plans for consideration. One sample provides a list of courses per rank and
describes each course as mandated, essential, or desirable. This information becomes very useful
when interviewing prospective candidates for promotion or lateral assignment like Investigator.
Also, the training plan works like a checklist for the Training Sergeant and Accreditation
Specialist, ensuring mandated training has been completed or scheduled for every employee. The
Department would benefit from instituting a Department-wide training plan.
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 107
7.4 ASSET MANAGEMENT
The Training Sergeant also acts as the Quartermaster issuing and tracking equipment such as
firearms and radios. Because the Quartermaster position rotates, few historical notes and the lack
of a desk manual have provided mixed accountability results. Whil e the accreditation teams look
at inventories, the actual tracking of specific serial numbers and who has which piece of equipment
is unknown in some instances. A copy of the Department inventory is maintained on the network
server, but its accuracy is in question. The Department would benefit from the use of a barcode
system. Many agencies have benefited from employing a barcode system for all their important
assets like radios, all firearms, vests, and alike.
The Department has four pepper ball less-lethal launchers, which are issued to Patrol Sergeants
and a Street Crimes Sergeant. While Sergeants are infrequently the first responders to calls for
service, it may be more effective to move launchers to patrol cars for faster deployment.
The Department has three ballistic shields; only Sergeants have access to the shields. Like pepper
ball launchers, the deployment of a shield would be much faster from the trunk of a Patrol Officer.
Finding #32: The Department does not have a Department-wide Training Plan
that is consistently updated, reviewed, and audited.
Finding #33: The Department uses PowerDMS for tracking and reporting
capability.
Finding #34: The Department does not have a verifiable equipment tracking
system and would benefit from employing a barcode system for the
Quartermaster position.
Recommendation #31: Consider creating a Department-wide training plan
approved by the existing Training Committee, to provide
a standard training requirement for each position or rank.
Recommendation #32: Consider the purchase of a barcode system to effectively
manage the Department’s inventory.
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 108
7.5 DE-ESCALATION, CRISIS INTERVENTION TRAINING, RESPONSE
Although de-escalation requires a wide range of training and capabilities with no outcome
guarantees, it also fosters an environment that will provide the potential likelihood of reduced
confrontation or injury with police and community contacts. Heightened law enforcement scrutiny,
police legitimacy, and changing state and national legislation require cities and organizations to
implement and ensure policies, training, curriculum, oversight, and accountability meeting
community and legislative needs while also reducing relational mistrust. This also requires cities
and departments to place value on employee wellness associated to responsibilities. This requires
department management, supervision, training, curriculum, facilities, and equipment that provide
opportunities for staff to implement critical responses in the field while being held to
accountability and oversight. Public education of these components of policing will enhance
community trust in organizational commitment to provide quality police services.
Responding to persons in crisis increases the possibility of Police Officer injury or death. De-
escalation may apply to all response calls while Crisis Intervention Training may be more specific
to persons suffering from a Mental Health Crisis. However, Crisis Intervention Training may
enhance all responses. The Department is working toward providing all sworn officers with the
full 40-hour Crisis Intervention Training model. De-escalation and Crisis Intervention Training
policies and practices can reduce force, decrease citizen and employee injuries, and enhance
organizational legitimacy.
De-escalation should be comprised of many factors, including, but not limited to, use of force,
deadly force applications, arrest and control tactics, less-lethal options and capabilities, response
to mental illness, verbal communication, and crisis intervention techniques. All of these require
training, which is only enhanced through a best practice training facility supported by the
organization, staff, policies, and procedures. Voluntary community compliance improves
employee safety and wellness, which speaks to the need to maintain on -going communication
within the community regarding policies, practices, and procedures while enhancing public trust.25
The City of Pasco has an opportunity with current or future facilities development to support a de-
escalation center capable of supporting state and federal legislative mandates while ensuring best
practice policing. A future de-escalation center should include defensive tactics, force-options
simulator training, less-lethal weapons training, updated case law training, and live fire ranges for
both pistols and long weapons deployed in the field. Citygate discusses this further under facilities.
25 COPS, (2019). Law Enforcement Best Practices, lessons Learned From the Field, Community Oriented Policing
Services, U.S. Department of Justice, (1-168), https://cops.usdoj.gov/RIC/Publications/cops-w0875-pub.pdf
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 109
7.6 LEGISLATION
Good risk management and leadership ensures congruence between policy, actions, and
legislation. During the 2021 legislative session, the Washington State Legislature was busy
creating new and amending existing legislation, which is a primary component used to develop
policy. Therefore, the results of any legislation signed into law by Governor Jay Inslee will
significantly impact Department operations (and all police agencies in Washington). The
Washington State legislation took effect on July 25, 2021.
After reviewing the 32-page bill status report from WASPC, Citygate noted the following bills
signed into law that will require resources to ensure compliance. Compliance will be pres ent in
two areas: congruence – creating new and amending existing policy to be compliant with the new
laws; and behavior – how the new legislation will impact police response.
Citygate provides a “to-do summary” in Appendix D of this report, as further described at the end
of this section. The following is a brief overview of just a few new laws that will require
collaboration between administration and training.
◆ HB 1001 – CJTC shall develop and implement a law enforcement professional
development outreach grant program to encourage broader diversity of candidates
from underrepresented groups.
◆ SHB 1088 – Each County prosecutor shall develop a written protocol addressing
potential impeachment disclosures pursuant to Brady v. Maryland, 373 U.S. 83
(1963) and subsequent case law.
◆ E2SHB 1089 – The Office of the Washington State Auditor is authorized to conduct
a process compliance audit procedure and review of any deadly force investigation
to determine if the actions of the involved agency (etc.) are in compliance with
RCW 10.114.011. The Department would be prudent to ensure their voice is heard
during policy development with the state Auditor.
◆ SHB 1214 – Specific to SROs – become familiar with new data collection measures
and more.
◆ ESHB 1267 – Development of a new policy and procedure regarding the newly
created Office of Independent Investigations (within the Office of the Governor)
and police use-of-force incidents resulting in potential criminal conduct, with
specific Departmentwide training (in consultation with WASPC). The Department
policy will need amending to be congruent with the policy from the Office of
Independent Investigations. This will also require training.
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 110
◆ E2SHB 1310 – Revise existing policy to be congruent with the new use of force
requirements and new model policy developed by the Attorney General’s Office
(in consultation with WASPC and CJTC).
These and other bills signed into law will require coordination between administration, training ,
and the City Attorney to ensure proper documentation in the form of policy and procedure, and
that all staff are properly trained in the specifics of the new laws. The additional training will need
to be specific and may change cultural norms of many police departments. Good risk management
will require collaboration on policy development and training to reduce risk and ensure
compliance.
Additionally, on a national level, there is a movement afoot regarding “police reform.” Some of
the national legislation includes House Resolution (HR) 1280, known as the George Floyd Justice
in Policing Act of 2021. This bill was passed by the United States House of Representatives on
March 3, 2021. As of the writing of this report, the bill sits in the U.S. Senate with an unknown
disposition. In substance, HR 1280 lowers the criminal intent standard from willful to knowing or
reckless, to convict a law enforcement officer for misconduct in a federal prosecution; limits
qualified immunity as a defense to liability in a private civil action against a law enforcement
officer; and grants administrative subpoena power to the Department of Justice (DOJ) in pattern-
or-practice investigations. Citygate highly recommends the Department staff review the details of
HR 1280 and analyze how the passage of HR 1280 will impact policing operations.
HR 155 known as the “Police Act” is a piece of legislation that spells out licensing requirements
for law enforcement officers. This legislation was introduced into the U.S. House of
Representatives on January 4, 2021. There is no current action on this bill.
S 738 known as the “Police Training and Independent Review Act of 2021” would authorize the
Department of Justice to award grants that require law enforcement officers to be trained on fair
and impartial policing and require independent prosecutors to be appointed to investigate and
prosecute any alleged incidents involving the use of force by a law enforcement officer that results
in death or injury. The bill was introduced in the Senate on March 11, 2021, but there has been no
action since.
“Eight Can’t Wait” is a movement supported by Campaign Zero. The movement has a stated
mission to bring immediate change to police departments. The movement, which arose from the
Ferguson, Missouri, tragedy, developed eight recommended changes proponents say are cost
neutral and can be implemented immediately as policy changes. These include:
1. Ban chokeholds and strangleholds
2. Require de-escalation
3. Require warning before shooting
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 111
4. Require exhaustion of all alternatives before shooting
5. Duty to intervene (in fellow officer excessive use of force)
6. Ban shooting at moving vehicles
7. Require use of force continuum
8. Require comprehensive reporting
Many departments already include the aforementioned items in their polices and training. These
eight recommendations were reviewed by the Department prior to the current Citygate study. The
Department not only addressed these eight areas of compliance but added several additional policy
updates which were progressive with local, state, and national mandates based on legislative
reform.
Citygate cautions that when considering “cost” of implementing such changes, modification to
policy always requires training, compliance measurement, and oversight. Any such change
requires staff time, and eventually, supervisory staff must be added to the training matrix to ensure
training and behavior congruence. Therefore, there is a “cost” to any such implementation.
Citygate applauds the Department for having all “Eight Can’t Wait” changes in the existing Use
of Force Procedural Manual. Specifically, ban chokeholds, the requirement of using de-escalation
techniques, exhaust all alternatives before shooting, duty to intervene, a detailed use of force
continuum (D. Levels of Control), require a warning before shooting, ban shooting at moving
vehicles (with exceptions), and discharging a firearm as a last resort. Chapter 4 covers the
prohibition of chokeholds (prohibited per HB1054). The requirement of comprehensive reporting
on use of force events has been in place for many years.
Supreme Court case law regarding police use of deadly force and state and federal law, based on
applicable Supreme Court decisions, should be openly discussed within the organization and the
community.
Department officers are not required to exhaust all other means prior to using deadly force. This
too, is in keeping with the current case law, and Citygate sees no feasible way such a blanket
requirement can work in 100 percent of the cases. We do believe the sanctity of preserving life
should be the foundation of any police agency’s use of force policy, and there should be effective
training that emphasizes the development of critical thinking skills during all force encounters and
incorporates state and federal law. Citygate recognizes that Washington State has applied
legislation all Washington State law enforcement agencies are attempting to appropriately interpret
and apply in the best interests of community residents.
City of Pasco, Washington
Police Department Strategic Plan
Section 7—Professional Standards Division page 112
7.6.1 Summary and Recommendations
In addition to the aforementioned bills, Citygate accepted an additional task from the Department
to review all current law enforcement-related legislation signed into law by Governor Inslee. It
should be noted that all 36 bills listed and analyzed by Citygate in Appendix D are unfunded
mandates—there are no funds offered by the legislature to pay for training, transition, or
policy/procedure changes. Citygate spoke with the WASPC Legislative Director and Pasco’s City
Attorney to ensure congruence with training and policy amendments.
Citygate applauds the Department for its efforts to ensure regulatory and legal compliance along
with training best practices by working with a third party to review law enforcement training
curricula. The Department has begun working with the Spokane Sheriff’s Office and International
Association of Directors of Law Enforcement Standards and Training (IADLEST) to develop and
review their curricula. A review of the curricula is a best practice to ensure contemporary case law
and police techniques are included in course design.
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 113
SECTION 8—FISCAL OVERVIEW
8.1 CITY AND POLICE DEPARTMENT FISCAL OVERVIEW
8.1.1 City Fiscal Overview
The City operates on a calendar year (CY) basis and transitioned to a biennial budget process in
CY 19. The CY 21–22 General Fund biennial expenditure budget (regular expenditures and other
financing uses) per page 46 of the City’s budget document totals approximately $117.2 million, as
compared to the CY 19–20 General Fund biennial expenditure budget (regular expenditures and
other financing uses) of approximately $119 million per the same budget document page. The
factors leading to this approximately $1.8 million decrease include decreases in anticipated other
financing uses of approximately $11 million, due primarily, to decreased anticipated capital project
costs which are partially offset by increases in anticipated expenditures for regular expenses of
approximately $9.2 million, consisting, primarily, of anticipated increases in salary and benefit
costs of approximately $6.4 million. Anticipated revenues for CY 21–22, per page 46 of the City’s
current budget document, total approximately $113.1 million as compared to approximately
$119.7 million in the previous biennial period. This approximately $6.6 million decrease is caused,
primarily, by an approximately $16 million decrease in other financing sources, consisting,
primarily, of one-time bond proceeds collected in the prior biennial period for capital projects that
will not repeat in the current biennial period, partially offset by anticipated increases in regular
revenues, such as tax-related revenues, of approximately $9.4 million
In 2001, voters approved Initiative747, which allows base property tax levies to increase the lessor
of one percent (excluding new construction) or the Implicit Price Deflator (IPD). The IPD for
setting 2021 property taxes was 0.60152 percent as calculated by the State Department of Revenue
(DOR) using the most recent quarterly numbers reported by the Federal Bureau of Economic
Analysis (BEA). Per state law, cities with populations over 10,000 can take advantage of the full
one percent if a resolution/ordinance of “substantial need” is adopted. The City decided on banking
the statutorily allowed 0.60152 percent, which will allow it to “carryover” this difference into
future years. Per documentation received from City staff, the City’s 2021 assessed value is
approximately $6.8 billion. Property tax levies are calculated per $1,000 of assessed value. The
documentation, produced by Franklin County, which contained the City’s 2021 property tax levy,
reflects that the City’s decision to bank the IPD will result in approximately $66,600 less revenue
for 2021. Additionally, approximately $44,100 of property tax revenue for 2021 could have been
received if the City had opted in addition to the IPD to assess the difference between the IPD and
the one percent statutory cap. In total, the City’s decision to delay the maximum statutory levy will
result in deferred revenues of approximately $110,700 ($66,600 plus $44,100) for 2021. However,
as previously discussed, this loss can be made up in future years.
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 114
Per the City’s CY 21–22 budget document, it is anticipated the City will experience an operating
deficit of approximately $4.1 million at the end of the CY 21–22 biennial period. This anticipated
deficit is caused, primarily, by the use of bond proceeds for current projects collected in a prior
year, which are/are not expected to repeat in future years and will be addressed through the use of
General Fund unassigned reserves, which per the CY 21–22 budget, are anticipated to total
approximately $27 million or approximately 25 percent of General Fund expenditures The
Government Finance Officers Association (GFOA), a nationally recognized organization which
develops municipal finance best practices, recommends that General Fund unassigned reserves, at
a minimum, consist of two months’ operating expenses or approximately 17 percent. Per the
GFOA, the appropriate level of adequate reserves depends on several factors including the
agency’s operational strategies and goals. Consequently, although the City’s current General Fund
reserves exceed the minimum levels recommended by the GFOA, they could be inadequate to
meet the City’s actual needs. An in-depth analysis of the City’s fiscal operations was not part of
this project’s scope, so Citygate would recommend the City consider conducting a general fiscal
operations review to identify fiscal issues that should be addressed.
8.1.2 City Economic Development
The major economic industries in the City consist, primarily, of agriculture, manufacturing,
transportation, technology, healthcare, retail, and government. Per the City’s Comprehensive Plan,
approximately 22,000 residential units currently exists, with an expected need for an additional
approximately 15,200 units due to population growth. Population growth is estimated to be
approximately 97,300 by 2031. A detailed analysis of revenues associated with economic
development is not included in this project scope.
It is consistent within the industry for police department operations to receive most funding
through tax-related revenues, primarily in the General Fund. However, other revenue sources are
typically identified and implemented to help reduce the funding burden on the general taxpayer.
The additional revenues sources include grants, fees and charges, fines and penalties, etc. The City
currently utilizes these sources to reduce the subsidy from the General Fund. However, per
discussion with City staff, fees and charges are not regularly reviewed to ensure full cost recovery
for providing the applicable service. It is considered a best practice per the GFOA to conduct a full
review of fees and charges, regularly, typically every one to three years.26 The City’s current
practice is to review selected fees and charges on a sporadic basis. Although currently the
Department only receives approximately two percent of its funding from direct fees and charges,
ensuring full cost recovery, where applicable, helps provide General Fund revenue, which
improves the overall fiscal condition of the City and therefore, the Department. Other revenue/cost
saving options that should be explored include:
26 https://www.gfoa.org/fpc-user-fees
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 115
◆ Levying property taxable assessed value increases allowed by law
◆ Increasing research into available grants and partnerships with federal, state, and
local agencies such as:
➢ Department of Justice grant opportunities –
https://justicegrants.usdoj.gov/resources/funding
➢ Community Oriented Policing (COPS) – https://cops.usdoj.gov/grants
➢ Justice assistance grant program administered by the Washington State
Department of Commerce – https://www.commerce.wa.gov/serving-
communities/crime-victims-public-safety/justice-assistance-grant/
➢ Community Policing Dispatch e-newsletter of the Office of Community
Oriented Policing Services (COPS Office) which provides a listing of
various grant and loan funding opportunities for law enforcement –
https://cops.usdoj.gov/html/dispatch/02-2020/finding_funding.html
➢ Although grants can be a very effective method to enhance law enforcement
service levels, it should be noted that grants are typically limited in duration,
requiring General Fund or other funding areas to continue to support a
grant-funded program past the grant term. Consequently, grant-funded
programs should be strategically implemented.
◆ Utilizing a tax-override (requires a vote)
◆ Improving current technology use to increase efficiencies and productivity.
8.1.3 Department Fiscal Overview
The Department CY 21–22 biennial operating expenditure budget totals approximately $37.3
million as compared to approximately $35.5 million in the previous biennial period. This equates
to an anticipated increase of approximately $1.8 million or approximately 5.1 percent. The increase
consists primarily of increases in salary/benefit costs. Salary/benefits make up approximately 73
percent of the Department’s total budget. The Department CY 21–22 budget estimate represents
approximately 32 percent of the City’s total General Fund CY 21–22 budget.
The Department has several direct revenue sources to reduce the subsidy amount required from
the General Fund, which includes areas such as fines and penalties, charges for services, grants,
reimbursements, etc. Anticipated revenues from these sources total approximately $3.8 million for
the current biennial budget as compared to approximately $3 million for the prior budget period,
resulting in an increase of approximately $800,000 or 27 percent. This increase consists, primarily,
of anticipated increases of fines and penalties (approximately $747,000 or 47 percent).
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 116
As mentioned previously, Citygate was informed the City reviews and adjusts fees and charges on
a case-by-case basis instead of conducting a comprehensive review. However, staff currently has
a goal to complete a comprehensive review of all fees and charges every two years, which would
be within best practice guidelines, but is uncertain as to when the goal will be achieved.
For CY 21–22, it is estimated the Department will receive approximately $33.5 million or
approximately 90 percent of its budget from General Fund subsidies to support operations. This is
approximately 3.1 percent more than the prior biennial period estimate.
8.1.4 Department Status Quo Future Cost
As a part of its review, Citygate extrapolated future Department costs, assuming an average
population growth of 2.3 percent per historical rates, and that the current per capita cost for police
operations remains constant. The police services cost per capita based on the current population
and CY 21–22 biennial budget totals $483. The following table reflects the estimated Department
operations through CY 36–37 for each biennial period every five years based on the assumption
that the police operations cost per capita remains at the current level. Police direct revenue growth
is assumed to be 10 percent per each five-year period, or two percent annually.
Table 18—Estimated Department Status Quo Operations Costs Through CY 36–37 (Every
Five Years) at Current Population-to-Cost Ratio
Category CY 2026–27 CY 31–32 CY 36–37
Police Department
Revenues 4,135,647 4,549,212 5,004,133
Police Department
Expenditures 41,867,188 46,977,366 59,145,050
Net Operating Loss
(General Fund Subsidy) -37,731,541 -42,428,155 -54,140,918
Finding #35: Currently, a large amount of budget compilation in the Department
is handled by the Police Chief’s Executive Assistant.
Finding #36: The Department has opportunities to increase and enhance the use
of technology.
Finding #37: The City and Department need increased formalization processes to
identify and address fiscal operations.
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 117
Finding #38: The City Finance Department has made great strides to enhance
communications and interaction with the Police Department over
the past few years. The working relationship between the Finance
Department and the Police Department appears to be very positive
based on Citygate’s comprehensive review.
Finding #39: The City’s current capital improvement projects do not reflect
capital improvements for Police Department facilities.
8.2 COST MODEL
Citygate developed a cost model which estimates the fully burdened annual cost of adding each
Citygate recommended position to the Department. The components of the model include:
◆ Base salary
◆ Overtime
◆ Special pays (incentive pay, special assignment pay, etc.)
◆ Benefits (deferred compensation, pension, health-related, workers compensation,
unemployment, etc.)
◆ Support/Startup costs (equipment, vehicle, administrative support, uniforms,
supplies, etc.)
The assumptions used by Citygate to develop the recommended fully burdened annual position
costs are:
◆ Base annual salary estimates are consistent with mid-range of current applicable
City classification pay range. Positions not currently established by the City were
developed using mid-range of other Washington cities and Benton County.
Specifically, hourly rates for Lieutenant/Records Supervisor positions are per City
of Kennewick mid-range; Community Services Officer position is per City of
Seattle mid-range; Domestic / Sexual Abuse Advocate is per City of Renton mid-
range; Management Analyst is based on 80 percent of Pasco Senior Management
Analyst position; Sergeant / Police Officer / Executive Assistant / Administrative
Assistant 1 and 2 / Records Lead PSS / Records Supervisor / Mechanic are per
Pasco Human Resources website mid-range.
◆ Benefits are consistent with current benefits summary documents located on City
website per the applicable position classifications.
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 118
◆ Overtime estimates are based on City experience and will address non-productive
time gaps.
◆ State retirement and social security percentages were used for sworn positions; state
retirement was used for non-sworn positions.
◆ Applicable uniform and equipment costs are based on averages obtained from the
internet.27
◆ Vehicle estimates are based on recent City purchasing costs before the pandemic
affected new vehicle costs.
◆ Base vehicle and vehicle outfitting costs will be addressed through up-front
payments.
◆ Office supplies and general administrative support are based on existing police
department averages.
◆ Increased funding for technology improvements should be prioritized over
additional personnel, where applicable.
◆ Additional personnel and equipment added to the Department per Citygate
recommendations will require additional non-Police Department support in the
form of personnel and non-personnel costs, i.e., fleet maintenance, finance, human
resources, external technology, etc.
Based on the assumptions listed, the following table presents the fully burdened costs for specific
positions.
27 https://www.dailyrecordnews.com/members/cost-of-a-cop-what-is-the-price-to-equip-a-patrol-
officer/article_9f740160-b647-11e5-bac4-73fb1dac98d2.html
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 119
Table 19—Fully Burdened Personnel Costs by Position
Position
Classification
Base
Annual
Salary
Overtime
and
Special
Pays
Total
Salary
Total
Other
Benefits
Total Salary
and Benefits
of the
Position
Total Support
(Equipment/
Uniforms/
Supplies/etc.)
Total
Position
Fully-Loaded
Annual Cost
Lieutenant $120,994 $4,840 $125,833 $38,021 $163,855 $116,200 $280,055
Sergeant 0–12
(Step 6) $114,504 $13,443 $127,947 $37,209 $165,156 $80,200 $245,356
Police Officer 0–
6 (Step 6) $81,931 $11,326 $93,257 $31,609 $124,865 $80,200 $205,065
Community
Service Officer $71,386 $2,500 $73,886 $35,037 $108,923 $54,200 $163,123
Domestic /
Sexual Abuse
Advocate
$67,496 $2,000 $69,496 $31,070 $100,566 $5,000 $105,566
Executive
Assistant $76,003 $1,260 $77,263 $26,679 $103,942 $5,000 $108,942
Management
Analyst $67,018 $500 $67,518 $24,971 $92,489 $5,000 $97,489
Admin Assistant
II (Step 4) $59,509 $500 $60,009 $23,809 $83,818 $5,000 $88,818
Admin Assistant
(Step 4) $47,861 $500 $48,361 $21,913 $70,273 $5,000 $75,273
Records Lead
PSS (Step 4) $62,338 $500 $62,838 $24,055 $86,893 $5,000 $91,893
Records
Supervisor $81,598 $500 $82,098 $26,924 $109,022 $5,000 $114,022
Mechanic
(Step 4) $64,896 $500 $65,396 $24,386 $89,782 $8,000 $97,782
MOT Counselor $48,984 – $48,984 $23,598 $72,582 $54,200 $126,782
Total $964,518 $38,369 $1,002,886 $369,281 $1,372,166 $428,000 $1,800,166
The detailed information relating to the cost model is reflected in Appendix A of this report.
Recommendation #33: Complete comprehensive fee and charge reviews at one-
to three-year increments to ensure full cost recovery
where applicable.
Recommendation #34: Explore revenue options such as a tax levy and grants to
enhance police services, being mindful of grant timing
limitations.
City of Pasco, Washington
Police Department Strategic Plan
Section 8—Fiscal Overview page 120
Recommendation #35: Conduct an analysis of future Capital Improvement Plan
needs for the Department and ensure these
recommendations are included in the City’s Capital
Improvement Plan moving forward.
Recommendation #36: Complete the process of creating a formal long-term
financial forecast model.
Recommendation #37: Review current information technology equipment
functionality and overall support to address operational
inefficiencies and cost savings.
Recommendation #38: Formalize financial policies and procedures
documentation to minimize operational inefficiencies and
inconsistencies. Conduct training and establish monitored
compliance.
Recommendation #39: Continue with improved support, communication, and
interaction between the Finance Department and the
Police Department.
Recommendation #40: Hire a Management Analyst with dedicated
responsibilities for budget and finance-related duties.
Recommendation #41: Hire a mechanic to address the workload increase that
would result from the purchasing of vehicles to address
recommended positions moving forward.
Recommendation #42: Hire an administrative support position to be used part-
time in the Finance Department and part-time in the
Human Resources Department to assist with current and
anticipated workload increases supporting payroll,
accounts payable, recruitment efforts, and benefits
processes, especially for hiring of the recommended
Police Department positions.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 121
SECTION 9—SUMMARY OF RECOMMENDATIONS, COSTS, AND
FINDINGS
9.1 SHORT- TO MID-TERM RECOMMENDATIONS
The following table shows the estimated costs related to the recommendations based on Citygate’s
review, assuming implementation over the next five years. Some of the personnel-related
recommendations are merely transfers of existing personnel and will not result in added cost.
9.1.1 Police Department Personnel Recommendations
Table 20—Police Department Full-Time Equivalent Recommendations
Action Position Cost
Source
Recommendation
Add 1 Police Lieutenant – Create Professional Standards Division Cost 1
Add 2 Police Lieutenants – Field Operations Division – Patrol Watch
Commanders Cost 1
Add 4 Police Sergeants to Field Operations Cost 2
Add 6 Police Officers to Field Operations Division – Patrol based on call
incident data / population growth Cost 6
Add 1 Police Sergeant – Field Operations Division – Create Traffic Unit Cost 7
Add 1 Police Sergeant – Support Operations Division – Investigation Services
Unit – Create Special Victim’s Unit Cost 13
Move 3 Detectives (Police Officers) from Investigation Services Unit to Special
Victim’s Unit No cost 13
Add 1 Police Officer – Support Operations Division – Investigation Services
Unit – Special Victim’s Unit Cost 13
Add 1 Police Sergeant to Support Operations Division – Community Resource
Bureau – School Resource Supervisor Cost 14
Add 1 Police Lieutenant – Support Operations Division – Create Community
Resource Bureau / Public Information Officer Cost 16
Convert Records Lead PSS to Records Supervisor – Support Operations Division Cost 19
Add 1 Records PSS – Operations Support Division, Records Unit Cost 19
Convert Administrative Assistant II to Executive Assistant – Office of the Chief Cost 22
Add 1 Administrative Support – .5 for Field Operations Division, .5 for Support
Operations Division Cost, 1 FTE 22
Add 1 Administrative Assistant – Investigation Services Unit Cost 22
Add 1 Management Analyst – Finance Cost 40
Total 22 FTE Additions in Police Department
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 122
9.1.2 Other Department Support Recommendations
Based on Citygate’s recommended increase of 22 FTEs in the Police Department, the following
other department personnel increases should be considered. It is recommended that the hiring of
these positions be staggered to coincide with the hiring of the Police Department positions.
◆ Add one Mechanic to address addition of 18 added police vehicles. It is
recommended this position be added in year two or three in the five-year period
considering the vehicles will be purchased new and the staggering of hiring the
Police Department positions. Estimated fully burdened cost is $97,782.
◆ Add one Administrative Assistant II to be used part-time in the Finance Department
and part-time in the Human Resources Department to address increased workload
of the hiring of the Police Department positions relating to payroll, accounts
payable, recruiting, and benefits. Estimated fully burdened cost is $88,818.
9.1.3 Non-Personnel Support Recommendations
As discussed in the Cost Model subsection of this report, various support costs such as personnel
equipment, vehicles and applicable vehicle outfitting, services and supplies, and internal service
charges were included to identify the fully burdened personnel cost amounts. The amounts for
these items are reflected in Table 19 in the column titled “Total Support (Equipment, Uniforms
Supplies, etc.).” The uniformed sworn amounts are significantly larger than the non-sworn because
support costs for sworn include larger dollar items such as uniforms, personal equipment, i.e.,
weapons, radios, body camera, etc., in addition to vehicles and the necessary v ehicle outfitting
equipment, as well as services and supplies and internal service charges.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 123
9.2 COST OF CITYGATE RECOMMENDATIONS
The following table represents the estimated total operational cost of Citygate’s recommendations.
Table 21—Total Estimated Operational Cost of Recommendations – Five-Year Strategy
Position Classification
Total Position
Fully-Loaded
Annual Cost
Citygate FTE
Addition
Recommendation
Citygate
Existing FTE
Conversion
Cost Estimated Cost
Police Department Positions
Lieutenant $280,055 4 $1,120,219
Sergeant 0-12 (Step 6) $245,356 8 $1,962,849
Police Officer 0-6 (Step 6) $205,065 6 $1,230,392
Community Service Officer $163,123 0 $0
Domestic / Sexual Abuse Advocate $105,566 0 $0
Executive Assistant $97,489 0 $8,700 $8,700
Management Analyst $108,942 1 $108,942
Administrative Assistant I (Step 4) $75,273 0 $0
Records Lead PSS (Step 4) $91,893 1 $91,893
Records Supervisor $114,022 0 $22,100 $22,100
MOT Counselor $126,782 0 $0
Administrative Assistant II (Step 4) $88,818 2 $266,453
Subtotal Police Department $1,702,385 22 $30,800 $4,722,731
Other Department Positions
Mechanic (Step 4) $97,782 1 $97,782
Administrative Assistant II (Step 4) $88,818 1 $88,818
Subtotal Other Departments $186,600 2 $186,600
Total $1,888,985 24 $30,800 $4,909,331
9.2.1 Recommendations and Funding Priorities
The following table (1) lists all recommendations in summary form, (2) identifies those that can
be implemented at no cost (other than staff time), and (3) for the remaining recommendations
requiring a General Fund expense to implement, identifies the funding priority level. While
funding priorities are identified, these recommendations are not presented in priority order.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 124
Table 22—Recommendations and Funding Priorities
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
1 Add a middle management rank X
1
Add three Lieutenants initially (two in Field
Operations, one in new Professional Standards
Division)
X
2 Add four Police Sergeants to Field Operations X
3 Re-engage the social media program X
4 Establish response time goals X
5 Establish a culture of data measures for work activity X
6 Consider adding six Patrol Officers across shifts X
7 Consider establishing a formal Traffic Unit X
7 Add one Sergeant X
8 Consider establishing Community Service Officers
within the organization X
9 Continue multi-agency partnerships for mental health
and homeless strategies X
10 Identify internal and external outcomes for mental
health and homelessness X
11 Continue with 40-hour Crisis Intervention Team Training
and incorporate additional annual training X
12 Continue to participate in the establishment of
Countywide homeless strategic plans X
13 Consider adding one Sergeant to Investigation Services
to supervise new Special Victims Unit X
13
Consider adding one Detective to the Special
Victims Unit and transfer three of seven
Detectives to Unit
X
14 Consider adding one Sergeant to Support Services to
supervise new School Resource Officer Unit X
15 Consider seeking additional funding from the school
district to support SRO positions X
16
Consider combining the School Resource Officers and
the Area Resource Officers under a newly formed
Bureau
X
16 Add one Lieutenant to manage Bureau X
17 Consider caseload metrics for Street Crimes Unit
efficacy measurements X
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 125
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
18 Consider investigative staffing increases based on
population growth and workload X
19 Consider conversion of the current Records Lead to a
Records Supervisor X
19 Consider adding one Police Services Specialist
to Records X
20 Consider adding Volunteers in Policing to assist
Records staff X
21 Consider investing in updated Crime Scene
Investigation drying lockers X
22 Consider converting the current Administrative
Assistant II to Executive Assistant X
22 Consider backfilling Administrative Assistant II
position X
22
Consider adding one Administrative Support
Services position (.5 for Field Operations
Division, .5 for Support Operations Division)
X
22 Consider adding one Administrative Support
Services position for Investigation Services X
23 Consider enhancing software coding to increase
electronic reporting efficiency X
24 Consider accessing the viability of online reporting X
25 Consider developing and training Citizen Volunteers X
26 Develop facilities able to meet all aspects of
organizational and community needs X
27 Keep capital improvement planning an ongoing priority X
28 Place lock boxes next to holding and interview rooms X
29 Purchase the online reporting module of the new Tyler
CAD/RMS system X
30 Replace Detective workstations with laptops X
31 Consider establishing a Department-wide training plan X
32 Consider the purchase of an equipment barcoding
system X
33 Complete comprehensive fee and charge reviews at
one- to three-year increments X
34 Explore revenue options such as a tax levy and grants X
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 126
Recommendation
No
Cost
Funding
Priority
1
Funding
Priority
2
Funding
Priority
3
35
Analyze future Capital Improvement Plan needs,
ensuring those recommendations are in the City’s future
Capital Improvement Plans
X
36 Complete the process of creating a formal long-term
financial forecast model. X
37 Review current IT equipment functionality and overall
support X
38
Formalize financial policies and procedures
documentation. Conduct training and establish
monitored compliance
X
39
Continue with improved support, communication, and
interaction between the Finance Department and the
Police Department
X
40 Consider hiring a Management Analyst dedicated to
budget and finance-related duties X
Note that the following two recommended positions are outside of the Police Department
41 Hire a mechanic to address the workload increase from
purchasing more vehicles X
42
Hire an administrative support position to support the
Finance Department and Human Resources
Department with Police Department workload increases
X
9.3 FINDINGS
Following is a comprehensive list of all findings contained in this report:
Agency Background and Organization
Finding #1: A mid-management level does not exist in the organization.
Finding #2: Front-line supervision for Field Operations is limited to one Sergeant Citywide who
also performs headquarters duties. During absences, there are no minimum
supervisor staffing levels.
Community Engagement
Finding #3: The COVID-19 pandemic has affected maximizing the use of social media and
available staff for community connectivity and promotion of community and
organizational values and needs.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 127
Field Operations – Workload Analysis
Finding #4: The Department and City have not adopted response time goals to guide the need
for field patrol capacity. It is a best practice to have these goals.
Finding #5: Not all administrative workload measures are currently tracked in departmental
data systems.
Finding #6: The Department has a shortage of front-line patrol staffing as evidenced by routine
shift staffing challenges and the Department’s limited staff to place throughout the
City. Also, the analysis of public-generated calls for service and officer-initiated
activity, when combined, reveals that average committed time approaches or
surpasses significant levels on which the organization should be focused.
Field Operations – Traffic Deployment and Analysis
Finding #7: The Department currently has traffic enforcement assigned to patrol and it operates
much like a patrol collateral assignment with limited assigned officers.
Field Operations – Community Service Officers (Alternative Response Mechanisms)
Finding #8: The Department does not currently utilize Community Service Officers.
Alternative Response – Community Mental Health / Homelessness
Finding #9: The Mobile Outreach Program is operating as a Mobile Crisis Unit. The current
program is a collateral assignment secondary to patrol response obligations.
Finding #10: Multi-partner, County, and City strategic plans including operational and financial
sustainability are not in place to address mental health issues or homelessness.
Finding #11: Lourdes Health network tracks some outcome measurements for grant-reporting
responsibilities. The Department does not have internally identified objectives for
tracking mental health outreach and homeless outreach objectives and outcomes.
Finding #12: Service gaps remain in the criminal justice and mental health care pathways.
Finding #13: Current policy states sworn staff receive mental health training at the academy and
then Crisis Intervention Training annually, internally, with a stated goal of attaining
the 40-hour class for 25-percent of commissioned officers.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 128
Support Operations – Investigations Services Division (Unit)
Finding #14: The number of cases requiring specialized training and/or experience justifies
creating a specialized investigations unit.
Support Operations – Resource Division (Unit)
Finding #15: The Resource Division Supervisor has a span of control of nine to one.
Finding #16: Two School Resource Officers are tasked with covering four middle schools, each
with a student body population in excess of 1,000 students.
Support Operations – Street Crimes Division (Unit)
Finding #17: The Street Crimes Unit is an effective anti-crime unit operating in Pasco. However,
no caseload metrics have been established to monitor when the Unit should be
expanded.
Finding #18: Staffing disruptions due to sick leave, vacations, etc. create operational risk in
conducting crime suppression tasks such as a rolling surveillance and/or a buy bust
operation.
Support Operations – Records
Finding #19: The limited number of staff coupled with limited opportunities warrant the re-
establishment of a Records Supervisor position and volunteer additions.
Finding #20: A Citywide policy addressing Secretary of State records management is not in
place.
Support Operations – Property and Evidence
Finding #21: The Department maintains a limited drying room for processing evidence.
Finding #22: The Department does not have temporary evidence storage lockers.
Support Operations – Other Support Division Units – Administrative Support Services
Finding #23: There is currently one Administrative Assistant responsible for supporting the
entire Police Department.
Finding #24: The Department is still using paper systems for certain overtime coding.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 129
Support Operations – Other Support Division Units – Online Reporting
Finding #25: The Department does not have an online reporting system.
Support Operations – Other Support Division Units – Volunteers in Police Services (VIPS)
Finding #26: The Department relies on some volunteers to augment some police services. The
Volunteers in Police Services program has great potential moving forward for the
Department and the community.
Support Operations – Other Support Division Units – Facilities
Finding #27: The Department is currently conducting a separate space needs study.
Finding #28: Capital improvement project planning has not been a Department priority until
recently.
Finding #29: Currently there are not gun lock boxes adjacent to the operations and investigations
interview rooms.
Support Operations – Other Support Division Units – Information Technology
Finding #30: To increase operational efficiency and customer satisfaction, the Department would
benefit from implementing online reporting for non-suspect calls for service.
Finding #31: Investigative staff responsible for field responses currently have limited technology
capabilities.
Professional Standards Division – Asset Management
Finding #32: The Department does not have a Department-wide Training Plan that is consistently
updated, reviewed, and audited.
Finding #33: The Department uses PowerDMS for tracking and reporting capability.
Finding #34: The Department does not have a verifiable equipment tracking system and would
benefit from employing a barcode system for the Quartermaster position.
Fiscal Overview
Finding #35: Currently, a large amount of budget compilation in the Department is handled by
the Police Chief’s Executive Assistant.
Finding #36: The Department has opportunities to increase and enhance the use of technology.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 130
Finding #37: The City and Department need increased formalization processes to identify and
address fiscal operations.
Finding #38: The City Finance Department has made great strides to enhance communications
and interaction with the Police Department over the past few years. The working
relationship between the Finance Department and the Police Department appears
to be very positive based on Citygate’s comprehensive review.
Finding #39: The City’s current capital improvement projects do not reflect capital
improvements for Police Department facilities.
9.4 RECOMMENDATIONS
Following is a comprehensive list of all recommendations contained in this report:
Agency Background and Organization
Recommendation #1: Consider creating a mid-management rank to support operations,
support services, professional standards, and Department
administration. We recommend the addition of three Lieutenants
initially, two in Field Operations (as Patrol Watch Commanders) and
one for a new Professional Standards Division.
Recommendation #2: Increase the number of Patrol Sergeants (by adding four Sergeants)
and, in conjunction with mid-management recommendations, establish
minimum staffing levels.
Community Engagement
Recommendation #3: Re-engage in training and increase staff capability on utilizing social
media, media outlets, and press skills to benefit the organization daily.
Enhanced messaging output will strengthen community partnerships
while promoting organizational values and meeting community needs.
Field Operations – Workload Analysis
Recommendation #4: The Department and City should establish and use response time goals
as part of the budget and policing oversight duties. These should
include at a minimum:
High Priority First Officer – Reduce dispatch processing to 2:00
minutes or less, 90 percent of the time. First officer arrived at location
within 6:00-minute notification and travel time, 90 percent of the time.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 131
Total response time from 9-1-1 answer is 8:00 minutes, 90 percent of
the time.
High Priority Second Officer – 8:00-minute notification and travel
time. Total response time is 10:00 minutes, 90 percent of the time.
Medium Priority 9-1-1 Incidents – Dispatch processing time of 3:00
minutes, and officer notify and travel time of 10:00 minutes. Total
response time of 13:00 minutes, 90 percent of the time.
Report/Documentation Needed – 4:00-minute dispatch time and
officer or community service unit response of 20:00 minutes. Total
response time is 24:00 minutes, 90 percent of the time.
Recommendation #5: Establish a culture of data measures for all work-related activities
including, but not limited to, administrative duties, court time, break
periods, on-duty training, equipment processing, vehicle maintenance,
and many other related tasks associated with responsibilities requiring
on-duty time.
Recommendation #6: The Department should add six front-line Patrol Officer positions
across shifts while consistently measuring available data, conducting
on-going workload analysis associated with current and anticipated
growth, evaluating alternative resource and service delivery
mechanisms, and accessing goals and objectives.
Field Operations – Traffic Deployment and Analysis
Recommendation #7: The Department should consider establishing a formal Traffic Unit,
adding one Sergeant, with increased staff, supervision, and future
civilian positions to ensure focus on engineering, education, and
enforcement to maintain safety with current and future growth aligned
with Department response necessities.
Field Operations – Community Service Officers (Alternative Response Mechanisms)
Recommendation #8: The Department should consider implementing Community Service
Officers into the organization as an alternative service mechanism
supporting community and Department needs.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 132
Alternative Response – Community Mental Health / Homelessness
Recommendation #9: Work with existing multi-agency partners to develop regional and City
mental health and homeless strategic plans that align City and County
goals, objectives, programming, and funding sources in a care pathway
that increases patient success, organizational efficiency, and decreases
adverse community impacts while aligning with law enforcement
programming, data collection, and funding sources.
Recommendation #10: Establish clear mental health and homeless internal and external
outcome measurements that support City objectives and goals, regional
strategic plan objectives and goals, and ensure these outcome
objectives are consistently reviewed and accessed to provide positive
alternative service delivery mechanisms to the Pasco community
Recommendation #11: The Department is working on 40 hours of Crisis Intervention Training
for all sworn staff and is updating current policy to reflect this. The
Department should continue to ensure this goal is accomplished while
also identifying and implementing any annual updated and on-going
training needs.
Recommendation #12: The City should consider an umbrella homeless strategy under a City
department outside of the Police Department, which continues to
receive Police Department support while also receiving coordinated
support through Community Development, Housing, the Fire
Department, Public Works, Code Enforcement, Parks and Recreation,
and Quality of Life mechanisms.
Support Operations – Investigations Services Division (Unit)
Recommendation #13: Consider creating a Special Victim’s Unit that handles sexual assault
cases, domestic violence cases, crimes against children, and crimes
against the elderly. Add one Detective Sergeant to supervise the new
Unit, transfer three of the seven Detectives to the Unit and add one
Detective (Police Officer) to the Unit.
Support Operations – Resource Division (Unit)
Recommendation #14: Split the Resource Division into two separate work units to include the
School Resource Officer Unit and the Area Resource Officer Unit. Add
one Police Sergeant to supervise the newly formed School Resource
Officer Unit.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 133
Recommendation #15: Seek additional funding from the Pasco School District to allow for one
SRO at each middle school and high school that has a student body
population over 1,000 (two police officers).
Recommendation #16: Combine the two newly formed units (School Resource Officer Unit
and Area Resources Officer Unit) with the Records Unit for a new
Bureau, the Community Resources Bureau. Add one Police Lieutenant
to manage this Bureau, and act as the Department’s Public Information
Officer, reporting to the Support Services Division Captain.
Support Operations – Street Crimes Division (Unit)
Recommendation #17: Command staff should develop caseload metrics to measure the
efficacy of the Street Crimes Unit and the volume of work to trigger
Unit expansion decisions.
Recommendation #18: An increase in staffing of the Street Crimes Unit should be considered
as the City grows to sustain crime suppression operations during
staffing disruptions due to sick leave, vacations, etc.
Support Operations – Records
Recommendation #19: Consider adding a Records Unit Supervisor to manage strategic
planning for the Records Unit, develop and mentor personnel, and
develop succession planning.
Recommendation #20: Consider adding volunteer staff and/or CSO positions to support
Records operations
Support Operations – Property and Evidence
Recommendation #21: The Department should consider investing in several drying lockers.
Support Operations – Other Support Division Units – Administrative Support Services
Recommendation #22: The current Administrative Assistant II should be re-classified and
upgraded to an Executive Assistant. The Department should consider
phasing in additional administrative support staff positions to maintain
future efficiency and organizational excellence moving forward. This
includes backfilling the Administrative Assistant II position full-time,
adding one full-time Administrative Support staff person to support the
Operations Bureau Captain (half-time) and the Support Services
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 134
Bureau Captain (half-time), and adding one full-time Administrative
Support staff person for the Investigation Services Division.
Recommendation #23: The Finance Department should incorporate coding that eliminates the
need for paper overtime reports. This will enhance efficiency.
Support Operations – Other Support Division Units – Online Reporting
Recommendation #24: Access online reporting options to enhance organizational efficiency
and provide an alternative service delivery mechanism to Pasco
residents.
Support Operations – Other Support Division Units – Volunteers in Police Services (VIPS)
Recommendation #25: Consider training and utilizing Volunteers in Police Services in various
assignments throughout the Department to assist with a variety of
workload tasks. Consider creating a Volunteer Coordinator position in
Administrative Support Services to provide full dedication to
developing volunteers, identifying necessary training, tracking hours,
and establishing a hiring pool for various positions within the
organization.
Support Operations – Other Support Division Units – Facilities
Recommendation #26: The City should consider facilities capable from all aspects of
organizational and community needs
Recommendation #27: Capitol improvement planning should remain an ongoing priority for
the City and Department.
Recommendation #28: The Department should consider placing lock boxes next to each
holding and interview room.
Support Operations – Other Support Division Units – Information Technology
Recommendation #29: When implementing the new Tyler CAD/RMS system, purchasing the
online reporting module would be a prudent decision to free up staff
time and increase operational efficiency.
Recommendation #30: To increase operational efficiency, the Department should consider
replacing Detective workstations with laptops that can be used in the
field.
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 135
Professional Standards Division – Asset Management
Recommendation #31: Consider creating a Department-wide training plan approved by the
existing Training Committee, to provide a standard training
requirement for each position or rank.
Recommendation #32: Consider the purchase of a barcode system to effectively manage the
Department’s inventory.
Fiscal Overview
Recommendation #33: Complete comprehensive fee and charge reviews at one- to three-year
increments to ensure full cost recovery where applicable.
Recommendation #34: Explore revenue options such as a tax levy and grants to enhance police
services, being mindful of grant timing limitations.
Recommendation #35: Conduct an analysis of future Capital Improvement Plan needs for the
Department and ensure these recommendations are included in the
City’s Capital Improvement Plan moving forward.
Recommendation #36: Complete the process of creating a formal long-term financial forecast
model.
Recommendation #37: Review current IT equipment functionality and overall support to
address operational inefficiencies and cost savings.
Recommendation #38: Formalize financial policies and procedures documentation to
minimize operational inefficiencies and inconsistencies. Conduct
training and establish monitored compliance.
Recommendation #39: Continue with improved support, communication, and interaction
between the Finance Department and the Police Department.
Recommendation #40: Hire a Management Analyst with dedicated responsibilities for budget
and finance-related duties.
Recommendation #41: Hire a mechanic to address the workload increase that would result
from the purchasing of vehicles to address recommended positions
moving forward.
Recommendation #42: Hire an administrative support position to be used part-time in the
Finance Department and part-time in the Human Resources
City of Pasco, Washington
Police Department Strategic Plan
Section 9—Summary of Recommendations, Costs, and Findings page 136
Department to assist with current and anticipated workload increases
supporting payroll, accounts payable, recruitment efforts, and benefits
processes, especially for hiring of the recommended Police Department
positions.
APPENDIX A
ESTIMATED PERSONNEL COSTS FOR
RECOMMENDED POSITION ADDITIONS
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Appendix A
City of Pasco Police Department Strategic Plan
Estimated Personnel Costs
Position Classification Hourly Rate
Annual Hours
Paid
Productive
Hours
Base Annual
Salary Overtime
Incentive
Pays
Special
Assignment
Pay
Deferred
Comp
Total
Salary
Pension
Percentage
Pension
Employer
Cost
Leave
Cash
Outs
Workers'
Compensation
Rate
Workers'
Compensation
Medicare
(1.45%)Medical Dental Vision Life
FOB Medical
Trust ($75 per
Month)
Unemployment
Rate Unemployment Total Benefits
Total Salary
and Benefit of
the Position
Total Support
(Equipment /
Uniforms /
Supplies / etc.)
Total Position
Fully-loaded
Annual Cost
Lieutenant 58.17 2,080 1,780 120,994 3,630 - 1,210 125,833 11.53%13,951 - 0.0330 4,153 1,754 15,077 1,252 78 9 900 0.0070 847 42,861 163,855 116,200 280,055
Sergeant 0–12 (Step 6)55.05 2,080 1,780 114,504 6,000 3,435 - 4,008 127,947 11.53%13,202 - 0.0330 4,222 1,660 15,077 1,252 78 15 900 0.0070 802 50,652 165,156 80,200 245,356
Police Officer 0–6 (Step 6)39.39 2,080 1,780 81,931 6,000 2,458 - 2,868 93,257 11.53%9,447 - 0.0330 3,077 1,188 15,077 1,252 78 15 900 0.0070 574 42,934 124,865 80,200 205,065
Community Service Officer 34.32 2,080 1,780 71,386 2,500 - - - 73,886 20.51%14,641 - 0.0330 2,438 1,035 15,077 1,252 78 15 - 0.0070 500 37,537 108,923 54,200 163,123
Domestic / Sexual Abuse Advocate 32.45 2,080 1,780 67,496 1,000 1,000 - - 69,496 20.51%13,843 - 0.0165 1,147 979 13,294 1,252 78 5 - 0.0070 472 33,070 100,566 5,000 105,566
Management Analyst 36.54 2,080 1,780 76,003 500 - - 760 77,263 12.86%9,774 - 0.0083 637 1,102 13,294 1,252 78 9 - 0.0070 532 27,939 103,942 5,000 108,942
Executive Assistant 32.22 2,080 1,780 67,018 500 - - - 67,518 12.86%8,618 - 0.0041 279 972 13,294 1,252 78 9 - 0.0070 469 25,471 92,489 5,000 97,489
Administrative Assistant II (Step 4)28.61 2,080 1,780 59,509 500 - - - 60,009 12.86%7,653 - 0.0041 248 863 13,294 1,252 78 5 - 0.0070 417 24,309 83,818 5,000 88,818
Administrative Assistant I (Step 4)23.01 2,080 1,780 47,861 500 - - - 48,361 12.86%6,155 - 0.0021 100 694 13,294 1,252 78 5 - 0.0070 335 22,413 70,273 5,000 75,273
Records Lead PSS (Step 4)29.97 2,080 1,780 62,338 500 - - - 62,838 12.86%8,017 - 0.0010 65 904 13,294 1,252 78 9 - 0.0070 436 24,555 86,893 5,000 91,893
Records Supervisor 39.23 2,080 1,780 81,598 500 - - - 82,098 12.86%10,494 - 0.0005 42 1,183 13,294 1,252 78 9 - 0.0070 571 27,424 109,022 5,000 114,022
Mechanic (Step 4)31.20 2,080 1,780 64,896 500 65,396 12.86%8,346 - 0.0003 17 941 13,294 1,252 78 5 - 0.0070 454 24,886 89,782 8,000 97,782
Note: long 2–6%
10–25 years;
edu 3% AA, 6%
BA; bilingual 4%
per hour used
Per CY18 line
item report
Per state website
Mobile Outreach Team Personnel
Position Classification Hourly Rate
Annual Hours
Paid
Productive
Hours
Base Annual
Salary Overtime
Incentive
Pays
Special
Assignment
Pay
Deferred
Comp
Total
Salary
Pension
Percentage
Pension
Employer
Cost
Leave
Cash
Outs
Workers'
Compensation
Rate
Workers'
Compensation
Medicare
(1.45%)Medical Dental Vision Life
FOB Medical
Trust ($75 per
Month)
Unemployment
Rate Unemployment Total Benefits
Total Salary
and Benefit of
the Position
Total Support
(Equipment /
Uniforms /
Supplies / etc.)
MOT Counselor 23.55 2,080 1,780 48,984 - - - 48,984 12.86%6,299 - 0.0330 1,616 710 13,294 1,252 78 5 - 0.0070 343 23,598 72,582 54,200
Hourly rate per job advertisement from Lourdes Health for MOT position
Sworn Uniformed – Patrol Amount Amount
Uniform (including vest)1,800$ Uniform (including vest)1,800$
Equipment Equipment
Gun and accessories(duty gear, taser, etc.)2,200$ Gun and accessories (duty gear, taser, etc.)2,200$
Radio 700$ Radio 700$
Other -$ Other -$
Vehicle (assumes $44k unit base cost)44,000$ 78,000$
Vehicle outfitting equipment (up-front unit cost)26,000$ 28,000$
Office-related supplies and training 3,500$ 3,500$
Estimated Department Admin and City Operational
overhead support department management and
General Fund support departments 2,000$ 2,000$
Total Annual M & O per sworn-uniformed FTE 80,200$ 116,200$
Non-Sworn Uniformed – CSO Amount Amount
Uniform 1,000$ Uniform (including vest)1,800$
Equipment Equipment
Gun and accessories -$ Gun and accessories (duty gear, taser, etc.)2,200$
Radio 700$ Radio 700$
Other -$ Other -$
Vehicle (including MDT) (assumes $39k unit base
cost)39,000$ 42,000$
Vehicle outfitting equipment (up-front unit cost)9,000$ -$
Office-related supplies/equipment and training 2,500$ 3,500$
Estimated Department Admin and City Operational
overhead support department management and
General Fund support departments 2,000$ 2,000$
Total annual M & O per non-sworn uniformed FTE 54,200$ 52,200$
Non-Sworn Non-Uniformed – Admin Support Amount
Office-related supplies/equipment and training 3,000$
Estimated Department Admin and City Operational
overhead support department management and
General Fund support departments 2,000$
Total annual M & O per non-sworn non-uniformed
FTE 5,000$
Estimated Department Admin and City Operational
overhead support department management and
General Fund support departments
Total annual M & O per sworn-uniformed FTE
uniform/equipment source: https://www.dailyrecordnews.com/members/cost-of-a-cop-what-is-the-price-to-equip-a-patrol-officer/article_9f740160-b647-11e5-bac4-73fb1dac98d2.html .
Sworn Uniformed – Executive Team (Capt/Lts)
M & O Support Costs Estimates
Vehicle outfitting equipment (up-front unit cost)
Vehicle outfitting equipment (up-front unit cost)
Vehicle (including MDT) (assumes $78k unit base
cost)
Estimated Department Admin and City Operational
overhead support department management and
General Fund support departments
Total Annual M & O per sworn-uniformed FTE
Sworn Uniformed – Detectives/Administrators
Vehicle (including MDT) (assumes $42k unit base
cost)
Office-related supplies and training
Office-related supplies and training
Hourly rates Lieutenant / Records Supervisor per City of Kennewick mid-range; CSO per City of Seattle mid-range;
Domestic/Sexual Abuse Advocate per City of Renton mid-range; Management Analyst based on 80% of Pasco
Senior Management Analyst position; Sergeant / Police Officer / Executive Assistant / Administrative Assistant I
and II / Records Lead PSS / Records Supervisor per Pasco HR website mid-range
Per H/R website per applicable labor agreements City pays both state retirement
and social security for police
sworn personnel, which is
included in percentage rate above
Five-year vehicle lease purchase,
uniforms, safety equipment, office
equipment/supplies, City overhead.
Most of this cost eliminated after initial
hiring.
Page 1 of 1
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APPENDIX B
WORKLOAD ANALYSIS
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City of Pasco, Washington
Police Department Strategic Plan
Workload Analysis page 1
WORKLOAD ANALYSIS
The following tables represent a sample of workload analysis from available 2019 data. Table 1
reflects public-generated calls for service, along with committed hours based on Patrol unit (not
officer quantities) response availability. Table 2 represents officer-initiated activity, along with
committed hours based on unit response availability.
In each cluster of tables that follow, please note the following:
◆ The left-most chart shows the average number of committed hours by day and hour,
divided by 52 weeks in the year.
◆ The middle chart shows the average number of distinct units that responded in 2019
by day and hour, divided by 52 weeks in the year.
◆ The right-most chart is the ratio of average distinct number of officers responding
to average committed time per hour and day.
Citygate acknowledeges that many factors impact staffing levels on a day-to-day basis. In
analyzing the staffing-to-committed-hours data, Citygate applied two thresholds for illustration
purposes. If committed hours reach 60 percent of available staffing, a red diamond () is indicated.
Committed hours above 80 percent are noted with a purple circle ().
Table 1—9-1-1-Generated Activity by Distinct Patrol Unit (2019)
City of Pasco, Washington
Police Department Strategic Plan
Workload Analysis page 2
Table 2—Officer-Initiated Activity (2019)
APPENDIX C
COMMUNITY SURVEY ANALYSIS
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City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 1
COMMUNITY SURVEY SUMMARY
Citygate Associates, LLC (Citygate) conducted an internet-based community survey between
July 13, 2021, and July 29, 2021, for our Strategic Plan engagement for the City of Pasco (City),
Washington Police Department (Department). The City invited the community to participate in
this survey. In total, there were 890 valid responses.
Survey Summary
Launch Date July 13, 2021
Close Date July 29, 2021
Total Valid Responses 890
Apart from several basic demographic questions, the survey mostly consisted of closed-ended
inquiries. For each of the main closed-ended questions, respondents were directed to rate the
degree to which they prioritize various Police Department service components, from “Extremely
Critical” (5) to “Unimportant” (1). Additionally, one open-ended requests were made to provide
the community with an opportunity to fully express their opinions regarding future policing.
NOTABLE OBSERVATIONS
There are a broad set of responses regarding current and future policing expectations. According
to survey respondents, while each has their own specific experiences, community members in
Pasco support the Police Department and feel safe in their neighborhood and the City.
Community engagement, personal relationships, and community-related programs ranked well
above all other community expectations. Maintaining these expectations will require increased
Department-wide staff and adequate pace with current and expected growth.
ORGANIZATION OF SUMMARY
The results for the survey are organized in the following order:
Demographic Results Summary
◆ A summary of the demography of respondents.
Multiple-Choice Response Summary
◆ A summary of responses regarding the simple multiple-choice questions
throughout the survey.
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 2
Police Service Component Priority Summary
◆ Scores for each police service component priority, organized from highest to
lowest mean score.
General Open-Ended Response Summary
◆ A summary of open-ended responses.
DEFINITION OF TERMS
The following terms are encountered in the information that follows:
◆ Mean: An arithmetic mean that is the sum of the responses for each statement
divided by the number of responses for each statement.
◆ Standard Deviation: Standard deviation indicates how spread out the responses
are from the arithmetic mean. A standard deviation close to zero indicates that
most responses are close to the mean response and that a greater degree of
agreement exists among customers regarding the statement. A greater standard
deviation indicates that there is a wider spread of variation in the responses and
that a greater degree of disagreement exists among customers regarding the
statement.
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 3
DEMOGRAPHIC RESULTS
Which of the following best describes you?
Response
# of
Responses
Response
Ratio
White 652 74.4%
Hispanic or Latino 156 17.8%
Black or African American 5 0.6%
American Indian or Alaska Native 5 0.6%
Asian 12 1.4%
Native Hawaiian or Other Pacific Islander 1 0.1%
Two or More Races 45 5.1%
Total 876 100.0%
This information is represented graphically in the following image:
74.4%
17.8%
0.6%0.6%
1.4%0.1%5.1%White
Hispanic
Black or African
American
American Indian or
Alaska Native
Asian
Native Hawaiian or
Other Pacific Islander
Two or More Races
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 4
What is your age?
Response
# of
Responses
Response
Ratio
Under 18 4 0.4%
18–25 52 5.8%
26–35 197 22.1%
36–49 313 35.2%
50–64 192 21.6%
65–74 104 11.7%
75+ 28 3.1%
Total 890 100.0%
This information is represented graphically in the following image:
0.4%5.8%
22.1%
35.2%
21.6%
11.7%
3.1%Under 18
18–25
26–35
36–49
50–64
65–74
75+
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 5
Gender: How do you identify?
Response
# of
Responses
Response
Ratio
Male 314 35.4%
Female 549 61.8%
Other 2 0.2%
Prefer not to answer 23 2.6%
Total 888 100.0%
This information is represented graphically in the following image:
35.4%
61.8%
0.2%2.6%
Male
Female
Other
Prefer not to answer
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 6
MULTIPLE CHOICE RESPONSE SUMMARY
Please rate your overall impression of the Pasco Police Department.
Response
# of
Responses
Response
Ratio
(5) Excellent 433 48.5%
(4) Good 297 33.3%
(3) Adequate 108 12.1%
(2) Poor 19 2.1%
(1) Unsatisfactory 18 2.0%
No Opinion 17 1.9%
Total 892 100.0%
This information is represented graphically in the following image:
48.5%
33.3%
12.1%
2.1%2.0%1.9%
(5) Excellent
(4) Good
(3) Adequate
(2) Poor
(1) Unsatisfactory
No Opinion
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 7
Are you aware of the Mobile Outreach Team (Mental Health Professionals) that is currently
engaged in the community through collaboration with the Pasco Police Department and
Lourdes Health Network?
Response
# of
Responses
Response
Ratio
Yes 447 50.1%
No 446 49.9%
Total 893 100.0%
This information is represented graphically in the following image:
50.1%
49.9%
Yes
No
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 8
How important are emergency response times of the police to you?
Response
# of
Responses
Response
Ratio
(5) Extremely Critical 665 75.1%
(4) Very Important 193 21.8%
(3) Important 21 2.4%
(2) Slightly Important 1 0.1%
(1) Unimportant 1 0.1%
No Opinion 4 0.5%
Total 885 100.0%
This information is represented graphically in the following image:
75.1%
21.8%
2.4%0.1%0.1%0.5%
(5) Extremely Critical
(4) Very Important
(3) Important
(2) Slightly Important
(1) Unimportant
No Opinion
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 9
How important is it for the Police Department to maintain pace with expected population
growth increases?
Response
# of
Responses
Response
Ratio
(5) Extremely Critical 518 57.9%
(4) Very Important 297 33.2%
(3) Important 56 6.3%
(2) Slightly Important 10 1.1%
(1) Unimportant 9 1.0%
No Opinion 5 0.6%
Total 895 100.0%
This information is represented graphically in the following image:
57.9%
33.2%
6.3%
1.1%1.0%0.6%(5) Extremely Critical
(4) Very Important
(3) Important
(2) Slightly Important
(1) Unimportant
No Opinion
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 10
How safe do you consider yourself in your neighborhood?
Response
# of
Responses
Response
Ratio
Very Safe 440 49.1%
Safe 427 47.6%
Not Safe 30 3.3%
Total 897 100.0%
This information is represented graphically in the following image:
49.1%
47.6%
3.3%
Very Safe
Safe
Not Safe
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 11
How safe do you consider yourself in Pasco?
Response
# of
Responses
Response
Ratio
Very Safe 217 24.3%
Safe 614 68.7%
Not Safe 63 7.0%
Total 894 100.0%
This information is represented graphically in the following image:
24.3%
68.7%
7.0%Very Safe
Safe
Not Safe
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 12
POLICE SERVICE COMPONENT PRIORITY SUMMARY
In the following table, all respondent survey statements regarding police service component priority are presented with the calculation
of the mean and standard deviation, along with the percentage of each type of response, including “No Opinion.” Responses are
organized from highest mean score to lowest.
Please rate the following policing priorities on the following scale:
Priority Mean
Std
Dev
(5)
% Extremely
Critical
(4)
% Very
Important
(3)
%
Important
(2)
% Slightly
Important
(1)
%
Unimportant
% No
Opinion
Responding to emergency calls 4.8 0.5 88.0% 7.9% 2.3% 0.7% 0.2% 0.8%
Crime prevention 4.5 0.8 64.0% 24.6% 7.7% 2.1% 1.0% 0.7%
Illegal drug enforcement 4.3 1.0 55.6% 23.5% 11.6% 5.4% 2.8% 1.1%
Supervision and management oversight and
accountability
4.1 0.9 42.5% 32.8% 16.9% 4.2% 1.1% 2.5%
Service calls and assistance 4.1 0.8 36.7% 39.8% 19.6% 2.1% 0.8% 1.0%
Alcohol violation enforcement 4.1 1.0 42.3% 31.7% 17.6% 5.6% 1.5% 1.3%
Promoting police-community relationships 4.1 1.0 39.1% 34.8% 18.9% 4.3% 1.9% 1.0%
School resource programming and youth interaction 4.0 1.0 37.2% 33.8% 18.0% 5.4% 3.4% 2.2%
Traffic regulations and enforcement 3.7 1.0 22.8% 34.9% 29.3% 8.3% 3.5% 1.2%
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 13
This information is represented graphically in the following image:
0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0
Responding to emergency calls
Crime prevention
Illegal drug enforcement
Supervision and management oversight and
accountability
Service calls and assistance
Alcohol violation enforcement
Promoting police-community relationships
School resource programming and youth
interaction
Traffic regulations and enforcement
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 14
GENERAL OPEN-ENDED RESPONSE SUMMARY
Please provide a few words that describe what you would like to see regarding the future of
policing in the community of Pasco. (Limited to 250 Characters)
A summary of responses by common themes occurring two or more times is provided in the
following table. The following ideas reflect community responses in the community survey and
not the opinions of Citygate Associates.
Count Comment
130
The Pasco Police Department should engage more with the community through
developing personal relationships, as well as community programs such as DARE,
Neighborhood Watch, etc.
67
Recent legislation and the political climate have changed, but they must not be
allowed to impede Pasco police officers from performing their duties to protect the
citizens and uphold the laws. More policing and fewer politics are needed.
66 The Pasco Police Department needs to better enforce traffic laws, including speeding.
54 The Pasco Police Department should utilize social workers and specialists to handle
issues such as mental health, domestic violence, and drug and alcohol issues.
52 The Pasco Police Department should hire more police officers.
40 The Pasco Police Department should provide more training on biases for its officers,
including biases of racism, gender, religion, etc.
29 The Pasco Police Department should provide more training for its officers.
29 The Pasco Police Department should focus more on gang enforcement.
27 Officers of the Pasco Police Department should uphold and enforce ALL laws.
26 The Pasco Police Department should be more accountable and transparent.
25 The Pasco Police Department needs to address the drug problem in Pasco.
25 The Pasco Police Department should focus more on crime prevention.
24 Staffing of the Pasco Police Department should correspond with community growth.
24
The Pasco Police Department should continue to use innovative, technological
solutions in policing, such as bodycams and Facebook, as well as other social media
platforms.
22 The Pasco Police Department should provide more de-escalation skills and use-of-
force training for its officers.
21
The City and citizens of Pasco should provide better funding for the Pasco Police
Department, ensuring they have all necessary equipment to perform their jobs
successfully.
20 The Pasco Police Department should provide more crisis response and mental health
training for its officers.
19 The Pasco Police Department should provide more early intervention for the children
of the community.
City of Pasco, Washington
Police Department Strategic Plan
Community Survey Summary page 15
Count Comment
16 The City and citizens of Pasco should demonstrate greater support for their police
officers.
15 Pasco schools benefit greatly from having Pasco police officers involved on campus.
14
There should be more diversity in the Pasco Police Department. The City of Pasco’s
government service employees, including police officers, should better represent the
ethnic makeup of the Pasco community.
14 The Pasco Police Department needs to have more neighborhood patrols.
13 The Pasco Police Department should take crime more seriously and should focus
more on it, from petty theft to violent crime.
12 Pasco police officers deserve and should be awarded higher pay and better benefits.
12 The Pasco Police Department should make more mental health resources available
to support its officers.
12 The Pasco Police Department response times are important and need to be
improved.
11 The Pasco Police Department should focus more on fixing the homeless problem.
9 The Pasco Police Department should direct more focus toward protecting citizens and
keeping the children and the community safe.
8 The Pasco Police Department needs to have a stronger police presence on the west
side.
8 The Pasco Police Department should decrease jail restrictions to allow criminals to be
punished for all crimes.
7 The Pasco Police Department needs to have a stronger police presence downtown.
7 The Pasco Police Department should hold officers accountable for their actions and
should address union protections and “bad cops.”
6 Pasco police officers should not be on Pasco school grounds.
5 The Pasco Police Department needs to have a stronger police presence on the east
side.
3 The Police Department should protect individual freedoms, including medical choices
to be or not be vaccinated.
3 The Pasco Police Department should not use unmarked police cars.
3 The Pasco Police Department should use more unmarked police cars.
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APPENDIX D
WASHINGTON STATE LAW
ENFORCEMENT 2021 LEGISLATIVE
BILLS—IMPACT AND IMPLEMENTATION
ANALYSIS
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City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 1
WASHINGTON STATE LAW ENFORCEMENT 2021 LEGISLATIVE BILLS—IMPACT AND IMPLEMENTATION ANALYSIS
Washington State Governor Jay Inslee signed the following 36 bills into law during 2021. This document identifies: the name of each bill (including a link to easily access); what
each bill requires of the Pasco Police Department; which Department unit has responsibility; the amount of training required; and a timeline (due date).
The following references were used in preparing this document: Washington Association of Sheriffs & Police Chiefs (WASPC), the Revised Code of Washington (RWC), an d the
Washington State Code (WSC).
Notes:
• Use of Force = UoF
• Criminal Justice Training Commission = CJTC
• Strikethrough text shows deletions and revisions within each bill.
• The Tri-Cities area includes the Pasco (Franklin County), Richland (Benton County), and Kennewick (Benton County) Police Departments.
• Training hours (35) are estimates based on Pasco Police Department’s existing training and experience developing law enforcement training curricula.
• Washington State has numerous requirements for specific training; the estimates below are provided by Citygate staff.
• The following recommended training will need to occur in addition to monthly training days (the upcoming training calendar is already built-out with required training
subjects). There needs to be importance placed on evidence-based learning.
• The additional training requirements will require additional staff and financial resources.
• Training time is estimated, and actual time required will be dependent on resources and abilities of collaborating partners.
• Pasco Police Department has begun to make many changes to policy and training in light of the new legislation.
• Pasco Police Department has begun to review its law enforcement training curricula to ensure that it contains contemporary best practices and case law.
Bill Tasks Responsibility Training Time Effective Date
1 HB 1001 • Law Enforcement Professional Development Grant – CJTC shall develop and implement a law
enforcement professional development outreach grant program to encourage broader diversity of candidates
from underrepresented groups.
o No single grant can exceed $60K.
o Two or more agencies can submit a grant proposal.
o A proposal must include a specific plan for encouraging persons from underrepresented groups and
communities to seek careers in law enforcement.
Admin – Apply for
grant
No anticipated time
for training, however
there may be
administrative time
constructing the
grant.
July 25, 2021
2 HB 1054 • Peace Officers – Tactics and Equipment – eliminate the use of “chokehold” and “neck restraint,” canine
deployment, use of tear gas, eliminate use of military equipment (inventory current equipment and submit to
Admin & Training
– Update UoF
policy, create
Training – 7.5
hours – Update the
UoF Training:
July 25, 2021
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 2
Bill Tasks Responsibility Training Time Effective Date
the governor by 12/31/21) including .50 caliber or greater (shotgun that can deploy less -lethal or bean-bags),
and more.
o (Section 2) A peace officer may not use a chokehold or neck restraint on another person.
o (Section 2) A “chokehold” means intentional application of direct pressure to a person’s trachea or
windpipe to restrict the airway.
o (Section 2) “Neck restraint” refers to any vascular neck restraint or similar restraint, hold, or other
tactic in which pressure is applied to the neck to restrict blood flow .
o (Section 3) CJTC shall convene a workgroup to develop a model policy for training canine teams and
publish the model policy by January 1, 2022.
▪ See bill text for specifics of the workgroup.
o (Section 4) A law enforcement agency may not use or authorize its peace officers or other employees
to use tear gas unless to alleviate a present risk of serious harm posed by a (a) Riot; (b) barricaded
subject; (c) or hostage situation.
▪ Prior to tear gas deployment the officer/employee shall:
• Exhaust alternatives available and appropriate under the circumstances .
• Obtain authorization to use tear gas from a supervising officer.
• Announce the intent to use tear gas.
• Allow sufficient time and space for subject(s) to comply with the officer’s directives .
▪ “Tear gas means” chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), or
similar irritant dispersed in the air; except “tear gas” does not include oleoresin capsicum
(OC).
▪ [see bill language for correctional facility tear gas deployment].
▪ [see bill language for definitions of barricaded subject, hostage situation, and other terms ].
o (Section 5) A law enforcement agency may not acquire or use any military equipment. An agency with
military equipment shall return the equipment to the federal agency which it was acquired by
December 31, 2022.
o WASPC shall summarize the inventory and provide a report to the governor by D ecember 31, 2021.
▪ [see bill language for specific description of “military equipment, grenade” and other items ].
o This bill does not preclude the purchase of military surplus medical supplies; office supplies; and other
similar items.
o (Section 6) Agencies shall adopt policies and procedures to ensure uniformed officers are reasonably
identifiable while in the performance of their duties.
▪ “reasonably identifiable” means the officer’s uniform clearly displays the officer’s name and
other information the public can see the agency can use to identify the officer.
o (Section 7) An officer may not engage in a vehicle pursuit unless:
▪ Probable cause that a person in the vehicle has committed or is committing a violent offense
as those defined in RCW 9.94A.030 or,
training to support
law and policy
updates.
Chief to provide
WASPC a list of any
military equipment
at the agency.
Review and update
Policy Chapter 4 –
use of force,
Chapter 3.6 –
Investigations of
(Officer) Deadly
force, Chapter 11.3
et sec., regarding
UoF reporting and
accountability, and
Chapter 42
regarding the
investigations of
such UoF events.
materials (4/12/21)
to incorporate the
new terminology and
provide role playing
and critical thinking
questions requiring
responses. Ensure
the In-Service
training Instructor
Guides for UoF and
Patrol Tactics are
updated with the
same language and
examples
(congruence). Also,
review the
Defensive Tactics
lesson plans
relating to the use of
OC to ensure the
updated legislative
language and intent
is in place. Update
Chapter 41.2.2 –
Patrol as it relates to
the new vehicle
pursuit legislation.
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 3
Bill Tasks Responsibility Training Time Effective Date
▪ Reasonable suspicion a person in the vehicle has committed or is committing a driving under
the influence offense under RCW 46.61.502.
▪ The pursuit is necessary for the purpose of identifying or apprehending the person.
▪ The person poses an imminent threat to the safety of others and the safety risks of failing to
apprehend or identify the person are considered to be greater than the safety risks of the
vehicle pursuit under the circumstances.
▪ The officer receives authorization to engage in the pursuit from a supervising officer and the
supervisor has control of the pursuit. The supervisor must consider the justification for the
vehicle pursuit and other considerations including speed, weather, traffic, road conditions,
known presence of minors in the vehicle, and vehicle pursuits must be terminated if any of the
requirements are not met.
▪ For agencies with fewer than 10 commissioned officers, if a supervisor is not on duty at the
time, the officer will request the on-call supervisor be notified of the pursuit and other traffic
considerations. The officer must terminate the pursuit if any requirements are not met .
▪ The pursuing officer may not fire a weapon upon a moving vehicle unless necessary to
protect against an imminent threat of serious physical harm resulting from the operator’s or
passenger’s use of deathly force.
▪ Provides definition of “vehicle pursuit.”
o (Section 8) To make an arrest in criminal actions the officer may break open any outer or inner door,
or windows of a dwelling house or other building if after notice of his or her office and purpose and the
person [suspect] refuses admittance.
3 SHB 1088 • Impeachment Disclosures: Each county prosecutor shall develop a written protocol addressing potential
impeachment disclosures pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and subsequent case law. The
protocol must provide guidance for three (3) requirements:
i) The types of conduct that should be recognized as potentially exculpatory or as creating potential
impeachment material;
ii) how information about an officer or officer conduct should be shared and maintained; and
iii) under what circumstances an officer's information or name may be removed from any list of
potential impeachment disclosures.
▪ The protocol shall be developed by the prosecuting attorney with consultation of the
agencies representing law enforcement officers and local departments that will be
impacted by protocol.
▪ CJTC shall provide or contract with an organization of prosecuting attorneys to provide
online training for potential impeachment disclosures by June 30, 2022.
▪ Local protocols shall be developed and implemented by July 1, 2022, and shall be
reviewed every two years to determine whether modifications are needed.
▪ Law enforcement shall report the following information to the prosecuting authority of any
jurisdiction in which the officer may testify as a witness:
Admin – identify an
agency
representative to sit
on the consulting
team and share with
City Attorney, and
develop an internal
10-day reporting
protocol (which may
be the protocol
developed by the
county prosecutors)
NOTE: a best
practice may be
“fewer than 10
days” as not to push
the time envelope.
Training – 1 hour –
Ensure the POA
leadership is familiar
with the Legal
Update slide deck
House Bill 1088 and
Act 2021 in the
Training/Leg/2021
Legal Update folder.
All commissioned
officers should sign
an attestation to the
training and
comprehension of
the material.
July 25, 2021
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 4
Bill Tasks Responsibility Training Time Effective Date
• Any act by the officer that may be potentially exculpatory to a criminal defendant;
and
• Misconduct that the officer has engaged in that affects his or her credibility.
▪ The law enforcement agency shall report the information within 10 days of the discovery
of the act (Section (2) (a) (ii)).
▪ Prior to hiring any peace officer with previous law enforcement experience, a law
enforcement agency must inquire as to whether the officer has ever been subject to
potential impeachment disclosure. The agency shall verify the officer's response with the
prosecuting authorities in the jurisdictions of the officer’s previous employment.
Prosecuting authorities shall respond within 10 days of receiving a request from a law
enforcement agency for verification. The fact that an officer has been subject to
impeachment disclosure is not, in and of itself, a bar to employment. Any pre-hiring
process or hiring decision by an agency does not constitute a personnel action under
RCW 10.93.150.
▪ Within 10 days of hiring an officer with a prior potential impeachment disclosure, the law
enforcement agency shall forward that information to the prosecuting authority of any
jurisdiction in which the officer may testify as a witness.
▪ Exception – An appointed or elected public official, public employee, or public agency as
defined in RCW 4.24.470 [state agency, board, commission, department, institution of
higher learning, school district, political subdivision, or unit of government] is immune from
civil liability for sharing impeachment information about a peace officer with the peace
officer's employer, potential employer, or prosecuting authority unless it is shown that the
official, employee, or agency acted with gross negligence or in bad faith.
4 E2SHB 1089 • Peace Officers and Law Enforcement agencies – Compliance Audits – the Office of the Washington State
Auditor is authorized to conduct a process compliance audit procedure and review of any deadly force
investigation to determine if the actions of the involved agency (etc.) are in compliance with RCW 10.114.011.
o A new chapter will be created in Section 601 of HB 1267 (see below).
o A deadly force investigation is concluded once the involved prosecutor's office makes a charging
decision, and any resulting criminal case reaches disposition.
o Audit procedures under this section shall be conducted in cooperation with the commission.
o Upon the request of the commission, the Office of the Washington State Auditor is authorized to
conduct an audit procedure on any law enforcement agency to ensure the agency is in compliance
with all laws, policies, and procedures governing the training and certification of peace officers
employed by the agency. A copy of any completed audit must be sent to the commission, law
enforcement agency, city or county council, county prosecutor, and relevant committees of the
legislature.
o A law enforcement agency shall not pay any costs or fees for an audit conducted pursuant to this act.
Admin – Create a
policy and train
employees on
response,
responsibility, and
procedure (and
review use of force
protocol training to
ensure it is
congruent with the
new auditor
requirements).
Follow-up with the
Commission to
identify the
Training – 1 hour –
Update the UoF
Procedure Manual to
include the inclusion
of the new
Washington State
Auditor Compliance
Audits.
July 25, 2021
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 5
Bill Tasks Responsibility Training Time Effective Date
parameters of the
“audit procedures.”
5 SHB 1107 • Non-Resident Vessel Permits – Various Provisions – Assemble a review of the new bill as it pertains to
vessels.
o RCW 88.02.620 has been amended to include the following:
▪ A vessel owner who is a non-resident person must obtain a non-resident vessel permit on or
before the sixty-first (61) day of use in Washington state if the vessel:
• Is currently registered or numbered under the laws of the state or county of principal
operation, has been issued a valid number under federal law, or has a valid United
States customs cruising license issued under 19 C.F.R. Sec. 4.94; and has been
brought into Washington state for not more than six (6) months in any continuous 12 -
month (12) period, and is used for: personal use, or for the purposes of chartering a
vessel with a captain or crew, as long as individual charters are for at least three (3)
or more consecutive days in duration. The permit also applies for the purposes of
necessary transit to or from the start or end point of such charter, but that transit is not
counted toward the duration of the charter.
• See bill for further details.
Training – develop
a training handout
and/or course on
enforcement
updates.
Training – 1 hour –
provide update
training to all
commissioned
officers.
July 25, 2021
6 ESHB 1109 • Sexual Assault Investigations – Reports, Reviews, and Survivor Rights – Assemble a review of the new
bill as it pertains to sexual assault investigations and victim rights (primarily for investigators). [Look for an
annual report from the Commission.]
o This legislation is an act relating to supporting victims of sexual assault ; amending RCW 5.70.005,
43.101.278, and 70.125.110; adding a new section to Chapter 5.70 RCW; and declaring an
emergency. New amendments below:
2) "Association" means the Washington association of sheriffs and police chiefs.
5) "Investigational status" means:
(a) The agency case or incident number;
(b) The date the request for forensic examination of the sexual assault kit was submitted
to the Washington state patrol crime laboratory;
(c) The date the forensic examination was complete and reported to the law enforcement
agency;
(d) Whether the case is open or closed;
(e) Whether the case was reopened as a result of the hit in the combined DNA index
system;
(f) For open cases, whether the case remains:
i) An active investigation;
ii) Open pending forensic examination results; or
iii) Open and inactive, in which case the agency must include a brief description
as to why the case is inactive; and
Admin/Training –
Create training for
Investigators and
Patrol to include
language and
procedure changes.
Update Chapter
83, Crime Scene
Investigations
procedures and
policies and
Sending Evidence
for Examination
procedure, and
other policies and
procedures to
include new
definitions.
Set-up procedure to
include the “timely
notifications’” as to
Training – 2 hours
– Create training for
Investigators and
Patrol to include
language and
procedure changes.
April 26, 2021
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 6
Bill Tasks Responsibility Training Time Effective Date
(g) For closed cases, whether the case was closed as a result of:
i) A referral for prosecution where charges were filed or the prosecutor is
reviewing the case;
ii) A referral for prosecution where the prosecutor declined to file charges based
on the case being legally insufficient;
iii) A referral for prosecution where the prosecutor declined to file charges
because the case failed to meet prosecutorial charging standards;
iv) After reviewing the results of the forensic examination, there was no evidence
that a crime occurred, or there was lack of probable cause that a crime
occurred.
v) The inability to locate the victim or lack of victim participation; or
vi) Any other reason, in which case the agency must include a brief description
as to why the case closed.
o RCW 43.101.278 are amended to include:
1) Subject to the availability of amounts appropriated for this specific purpose, the commission
shall ((develop a proposal for a)) conduct an annual case review program. The ((commission
shall research, design, and develop case review strategies designed to optimize outcomes in
sexual assault investigations through improved)) program must review case files from law
enforcement agencies and prosecuting attorneys selected by the c ommission in order to
identify changes to training and investigatory practices necessary to optimize outcomes in
sexual assault investigations and prosecutions involving adult victims.
(a) An evaluation of whether current training and practices foster a trauma-informed,
victim-centered approach to victim interviews and that identifies best practices and
current gaps in training and assesses the integration of the community resiliency
model ((. The program will include a));
(b) A comparison of cases involving investigators and interviewers who have participated
in training to cases involving investigators and interviewers who have not participated
in training ((. The program will also include other randomly));
(c) Randomly selected cases for a systematic review to assess whether current practices
conform to national best practices for a multidisciplinary approach to investigating
sexual assault cases and interacting with survivors; and
(d) An analysis of the impact that race and ethnicity have on sexual assault case
outcomes.
2) The case review program may review and access files, including all reports and recordings,
pertaining to closed cases involving allegations of adult sexual assault only. Any law
enforcement agency or prosecuting attorney selected for the program by the commission shall
make requested case files and other documents available to the commission, provided that
the case files are not linked to ongoing, open investigations and that redactions may be made
the status of the
investigation and
related prosecution
of the survivor’s
case.
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 7
Bill Tasks Responsibility Training Time Effective Date
where appropriate and necessary. Agencies and prosecuting attorneys shall include available
information on the race and ethnicity of all sexual assault victims in the relevant case files
provided to the commission. Case files and other documents must be made available to the
commission according to appropriate deadlines established by the commission in consultation
with the agency or prosecuting attorney.
3) If a law enforcement agency has not participated in the training under RCW 43.101.272 by
July 1, 2022, the commission may prioritize the agency for selection to participate in the
program under this section.
5) The commission shall submit a report with a summary of its ((proposal)) work to the governor
and the appropriate committees of the legislature by December ((1, 2020)) 1st of each year.
6) This section expires July 1, 2021.
o Sec. 4. RCW 70.125.110 and 2019 c 93 s 9 are each amended to read as follows:
1) In addition to all other rights provided in law, a sexual assault survivor has the right to:
a) Receive a medical forensic examination at no cost;
b) Receive written notice of the right under (a) of this subsection and that he or she may
be eligible for other benefits under the crime victim compensation program, through a
form developed by the office of crime victim’s advocacy, from the medical facility
providing the survivor medical treatment relating to the sexual assault;
c) Receive a referral to an accredited community sexual assault program or, in the case
of a survivor who is a minor, receive a connection to services in accordance with the
county child sexual abuse investigation protocol under RCW 26.44.180, which may
include a referral to a children's advocacy center, when presenting at a medical
facility for medical treatment relating to the assault and also when reporting the
assault to a law enforcement officer;
d) Consult with a sexual assault survivor's advocate throughout the investigatory
process and prosecution of the survivor's case, including during ((any)): Any medical
evidentiary examination ((and during)) at a medical facility; any interview by law
enforcement officers, prosecuting attorneys, or defense attorneys((, unless an
advocate cannot be summoned in a timely manner,)); and court proceedings, except
while providing testimony in a criminal trial, in which case the advocate may be
present in the courtroom. Medical facilities, law enforcement officers, prosecuting
attorneys, defense attorneys, courts, and other applicable criminal justice agencies,
including correctional facilities, are responsible for providing advocates access to
facilities where necessary to fulfill the requirements under this subsection. The right in
this subsection applies regardless of whether a survivor has waived the right in a
previous examination or interview;
i) Receive timely notifications from the law enforcement agency prosecuting attorney as
to the status of the investigation and related prosecution of the survivor's case;
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 8
Bill Tasks Responsibility Training Time Effective Date
j) Be informed by the law enforcement agency and prosecuting attorney as to the
expected and appropriate time frames for receiving responses to the survivor's
inquiries regarding the status of the investigation and any related prosecution of the
survivor's case; and further, receive responses to the survivor's inquiries in a manner
consistent with those time frames;
k) Access interpreter services where necessary to facilitate communication throughout
the investigatory process and prosecution of the survivor's case; and
l) Where the sexual assault survivor is a minor, have:
i) The prosecutor consider and discuss the survivor's requests remote video
testimony under RCW 9A.44.150 when appropriate; and
ii) The court consider requests from the prosecutor for safeguarding the
survivor's feelings of security and safety in the courtroom in order to facilitate
the survivor's testimony and participation in the criminal justice process.
7 ESHB 1113 • School Attendance – Truancy Laws – Assemble a review of the new bill as it pertains to school attendance
and truancy (primarily for SROs) [New amendments below, see bill language for entire text]
o An ACT Relating to school attendance; amending RCW 28A.225.015, 28A.225.030, 28A.225.151,
28A.225.020, 28A.225.025, 28A.225.026, 28A.225.0261, 28A.225.027, 28A.225.035, and
28A.225.090; adding new sections to chapter 28A.225 RCW; creating a new section; providing an
effective date; providing an expiration date; and declaring an emergency.
o New Section. Sec. 1.
1) The legislature acknowledges that student absences from school can be an indicator that
the academic and social-emotional needs of the students are not being met in the public
school or classroom or through the school culture or climate. Student absences can also
signal to educators that families may need additional infor mation and assistance in
supporting student learning within the home.
2) The legislature finds that as research and public awareness grows about the impact of
school climate and culture on the academic and social-emotional experiences of students,
the systems of public education must shift away from enforcing punitive, compliance -
focused policies and toward enabling constructive, student-centered practices. The
legislature further finds that a student-centered system of public education serves the
individual needs of students with strong family engagement and through integrated
supports provided by the state, public schools, and the greater community.
3) Therefore, the legislature intends to refocus the attendance policies and practices of the
public education system to emphasize individualized student and family supports that are
culturally responsive, evidence-informed, and show promising practice for integrating
multiple systems of support to effectively improve consistent student attendance at school
and family engagement in student learning.
o New Section. Sec. 2. A new section is added to chapter 28A.225 RCW to read as follows:
Admin – Review
and determine how
changes will impact
the SRO program
(School Resource
Officer Duties
document). Obtain a
copy of the
Superintendent’s
Best Practice guide
to Eliminate or
Reduce Student
Absences and
infuse the
recommendations
into the Pasco PD
School Resource
Officer Duties
procedure and
Chapter 44 Juvenile
Operations.
Training – 2 hours
– Create an SRO
course to include
recently passed
legislation and
changes in
operations.
April 26, 2021—
Except for sections
7 through 15, which
become effective
August 1, 2021
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 9
Bill Tasks Responsibility Training Time Effective Date
▪ The office of the superintendent of public instruction shall develop and publish best practice
guidance to eliminate or reduce student absences and to otherwise implement the
requirements of this chapter. The guidance must focus on student and family engag ement, be
based in restorative justice practices, and emphasize integration of student and family support
systems. The guidance must be developed in consultation with the educational opportunity
gap oversight and accountability committee and updated periodically.
o New Section. Sec. 3. A new section is added to chapter 28A.225 RCW to read as follows:
▪ The superintendent of public instruction may adopt rules necessary to carry out the purposes
of this chapter.
o Section 4. RCW 28A.225.015 and 2017 c 291 s 1 are each amended to read as follows:
1) If a parent enrolls a child who is six or seven years of age in a public school, the child is
required to attend and that parent has the responsibility to ensure the child attends for the full
time that school is in session. An exception shall be made to this requirement for children
whose parents formally remove them from enrollment if the child is fewer than eight years old
and a petition has not been filed against the parent under subsection (3) of this section. The
requirement to attend school under this subsection does not apply to a child enrolled in a
public school part-time for the purpose of receiving ancillary services. A child required to
attend school under this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and parent.
2) If a six- or seven-year-old child is required to attend public school under subsection (1) of this
section and that child has unexcused absences, the public school in which the child is
enrolled shall:
a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by
telephone whenever the child has failed to attend school after one unexcused
absence within any month during the current school year;
b) Request a conference or conferences with the custodial parent, parents, or guardian
and child at a time reasonably convenient for all persons included for the purpose of
analyzing the causes of the child's absences after three unexcused absences within
any month during the current school year. If a regularly scheduled parent-teacher
conference day is to take place within thirty days of the third unexcused absence,
then the school district may schedule this conference on that day; and
c) Take steps to eliminate or reduce the child's absences. These steps shall include,
where appropriate, adjusting the child's school program or school or course
assignment, providing more individualized or remedial instruction, offering assist ance
in enrolling the child in available alternative schools or programs, or assisting the
parent or child to obtain supplementary services that may help eliminate or ameliorate
the cause or causes for the absence from school.
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis page 10
Bill Tasks Responsibility Training Time Effective Date
3) If a child is required to attend public school under subsection (1) of this section ((has seven
unexcused absences in a month or ten)), after the child's seventh unexcused absence within
any month during the current school year and not later than the 15th unexcused absence ((s in
a)) during the current school year, the school district shall file a petition for civil action as
provided in RCW 28A.225.035 against the parent of the child.
4) This section does not require a six- or seven-year-old child to enroll in a public or private
school or to receive home-based instruction. This section only applies to six- or seven-year-
old children whose parents enroll them full time in public school and do not formally remove
them from enrollment as provided in subsection (1) of this section.
o And more, see bill language.
o New Section. Sec. 16. Sections 1 through 6 of this act are necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and its existing public
institutions, and take effect immediately.
o New Section. Sec. 17. Sections 5 and 6 of this act expire August 1, 2021 .
o New Section. Sec. 18. Sections 7 through 15 of this act takes effect August 1, 2021.
8 ESHB 1140
Also see
E2SHB 1186
regarding
juvenile
rehabilitation
• Law Enforcement Contact with Juveniles – Access to Attorney – An Act relating to juvenile access to
attorneys when contacted by law enforcement; amending RCW 13.40.140, 2.70.020, and 13.40.020; adding a
new section to Chapter 13.40 RCW; adding a new section to Chapter 2.70 RCW; creating a new section and
providing an effective date.
o New Section 1 – A new Section is added to Chapter 13.40 RCW to read as follows:
1) Except as provided in subsection (4) of this section, law enforcement shall provide a juvenile
with access to an attorney for consultation, which may be provided in person, by telephone, or
by video conference, before the juvenile waives any constitutional rights if a law enforcement
officer:
a) Questions a juvenile during a custodial interrogation;
b) Detains a juvenile based on probable cause of involvement in criminal activity; or
c) Requests that the juvenile provide consent to an evidentiary search of the juvenile or
the juvenile's property, dwellings, or vehicles under the juvenile's control.
2) The consultation required by subsection (1) of this section may not be waived.
3) Statements made by a juvenile after the juvenile is contacted by a law enforcement offic er in a
manner described under subsection (1) of this section are not admissible in a juvenile
offender or adult criminal court proceeding, unless:
a) The juvenile has been provided with access to an attorney for consultation; and the
juvenile provides an express waiver knowingly, intelligently, and voluntarily made by
the juvenile after the juvenile has been fully informed of the rights being waived as
required under RCW 13.40.140;
b) The statement is for impeachment purposes; or
c) The statement was made spontaneously.
Admin/Training –
Will officers have
access to a PD
phone to provide
access to counsel if
requested? Does
the PD have a
private room for
interrogation of a
juvenile?
Training – 1.5
hours – Update
existing Miranda and
juvenile-specific
training to include
the requirements in
this law regarding
custodial
interrogation of
juveniles, detentions
based on probable
cause, and new
consent
requirements by the
juvenile. Also
address express,
knowing, intelligent,
and voluntary waiver
of rights after being
provided access to
counsel and fully
informed of their
right. [Does the PD
Effective Date
January 1, 2022
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4) A law enforcement officer may question a juvenile without following the requirement in
subsection (1) of this section if:
a) The law enforcement officer believes the juvenile is a victim of trafficking as defined in
RCW 9A.40.100; however, any information obtained from the juvenile by law
enforcement pursuant to this subsection cannot be used in any prosecution of that
juvenile; or
b) (i) The law enforcement officer believes that the information sought is necessary to
protect an individual's life from an imminent threat; (ii) A delay to allow legal
consultation would impede the protection of an individual's life from an imminent
threat; and (iii) Questioning by the law enforcement officer is limited to matters
reasonably expected to obtain information necessary to protect an individual's life
from an imminent threat.
5) After the juvenile has consulted with legal counsel, the juvenile may advise, direct a
parent or guardian to advise, or direct legal counsel to advise the law enforcement
officer that the juvenile chooses to assert a constitutional right. Any assertion of
constitutional rights by the juvenile through legal counsel must be treated by a law
enforcement officer as though it came from the juvenile. The waiver of any
constitutional rights of the juvenile may only be made according to the requirements
of RCW 13.40.140.
6) For purposes of this section, the following definitions apply:
a) "Juvenile" means any individual who is under the chronological age of 18
years; and
b) "Law enforcement officer" means any general authority, limited authority, or
specially commissioned Washington peace officer or federal peace officer as
those terms are defined in RCW 10.93.020, including school resource officers
as defined in RCW 28A.320.124 and other public officers who are responsible
for enforcement of fire, building, zoning, and life and safety codes.
o Section 2 RCW 13.40.140 and 2014 c 110 s 2 are each amended to read as follows:
1) A juvenile shall be advised of the juvenile's rights when appearing before the court.
2) A juvenile and ((his or her)) the juvenile's parent, guardian, or custodian shall be advised by
the court or its representative that the juvenile has a right to be represented by counsel at all
critical stages of the proceedings. Unless waived, counsel shall be provided to a juvenile who
is financially unable to obtain counsel without causing substantial hardship to himself or
herself or the juvenile's family, in any proceeding where the juvenile may be subject to
transfer for criminal prosecution, or in any proceeding where the juvenile may be in danger of
confinement. The ability to pay part of the cost of counsel does not preclude as signment. In
no case may a juvenile be deprived of counsel because of a parent, guardian, or custodian
have a standard
form used by all
arrestees?]
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
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Bill Tasks Responsibility Training Time Effective Date
refusing to pay therefor. The juvenile shall be fully advised of ((his or her)) the juvenile's right
to an attorney and of the relevant services an attorney can provide.
3) The right to counsel includes the right to the appointment of experts necessary, and the
experts shall be required pursuant to the procedures and requirements established by the
supreme court.
4) Upon application of a party, the clerk of the court shall issue, and the court on its own motion
may issue, subpoenas requiring attendance and testimony of witnesses and production of
records, documents, or other tangible objects at any hearing, or such subpoenas may be
issued by an attorney of record.
5) All proceedings shall be transcribed verbatim by means which will provide an accurate record.
6) The general public and press shall be permitted to attend any hearing unless the court, for
good cause, orders a particular hearing to be closed. The presumption shall be that all such
hearings will be open.
7) In all adjudicatory proceedings before the court, all parties shall have the right to adequate
notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of
witnesses except in such cases as this chapter expressly permits the use of hearsay
testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased
fact finder.
8) A juvenile shall be accorded the same privilege against self-incrimination as an adult and the
protections provided in section 1 of this act. An extrajudicial statement which would be
constitutionally inadmissible in a criminal proceeding may not be received in evidence at an
adjudicatory hearing over objection. Evidence illegally seized or obtained, including evidence
obtained in violation of section 1 of this act, may not be received in evidence over objection at
an adjudicatory hearing to prove the allegations against the juvenile if the evidence would be
inadmissible in an adult criminal proceeding. An extrajudicial admission or confession made
by the juvenile out of court is insufficient to support a finding that the juvenile committed the
acts alleged in the information unless evidence of a corpus delicti is first independently
established in the same manner as required in an adult criminal proceeding.
9) Statements, admissions, or confessions made by a juvenile in the course of a mental health
or chemical dependency screening or assessment, whether or not the screening or
assessment was ordered by the court, shall not be admissible into evidence against the
juvenile on the issue of guilt in any juvenile offense matter or adult criminal proceeding, unless
the juvenile has placed ((his or her)) the juvenile's mental health at issue. The statement is
admissible for any other purpose or proceeding allowed by law. This prohibition does not
apply to statements, admissions, or confessions made to law enforcement, and may not be
used to argue for derivative suppression of other evidence lawfully obtained as a result of an
otherwise inadmissible statement, admission, or confession.
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
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10) Waiver of any right which a juvenile has under this chapter must be an express waiver
intelligently made by the juvenile after the juvenile has been fully informed of t he right being
waived, including having access to an attorney for consultation if required under section 1 of
this act.
11) Whenever this chapter refers to waiver or objection by a juvenile, the word juvenile shall be
construed to refer to a juvenile who is at least ((twelve)) 12 years of age. If a juvenile is under
((twelve)) 12 years of age, the juvenile's parent, guardian, or custodian shall give any waiver
or offer any objection contemplated by this chapter.
o Section 3 – RCW 2.70.020 and 2012 c 257 s 1 are each amended to read as follows:
▪ The director shall:
1. Administer all state-funded services in the following program areas:
a) Trial court criminal indigent defense, as provided in chapter 10.101 RCW;
b) Appellate indigent defense, as provided in this chapter;
c) Representation of indigent parents qualified for appointed counsel in
dependency and termination cases, as provided in RCW 13.34.090 and
13.34.092;
d) Extraordinary criminal justice cost petitions, as provided in RCW 43.330.190;
e) Compilation of copies of DNA test requests by persons convicted of felonies,
as provided in RCW 10.73.170;
f) Representation of indigent respondents qualified for appointed counsel in
sexually violent predator civil commitment cases, as provided in chapter
71.09 RCW; and
g) Provide access to attorneys for juveniles contacted by a law enforcement
officer for whom a legal consultation is required under section 1 of this act ;
2) Submit a biennial budget for all costs related to the office's program areas;
3) Establish administrative procedures, standards, and guidelines for the office's
program areas, including cost-efficient systems that provide for authorized recovery of
costs;
4) Provide oversight and technical assistance to ensure the effective and efficient
delivery of services in the office's program areas;
5) Recommend criteria and standards for determining and verifying indigency. In
recommending criteria for determining indigency, the director shall compile and
review the indigency standards used by other state agencies and shall periodically
submit the compilation and report to the legislature on the appropriateness and
consistency of such standards;
6) Collect information regarding indigent defense services funded by the state and report
annually to the advisory committee, the legislature, and the supreme court;
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
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7) Coordinate with the supreme court and the judges of each division of the court of
appeals to determine how appellate attorney services should be provided.
o The office of public defense shall not provide direct representation of clients.
o New Section 4 – A new section is added to chapter 2.70 RCW to read as follows:
▪ Subject to the rules of discovery, the office of public defense is authorized to collect identifying
information for any youth who speaks with a consulting attorney pursuant to section 1 of this
act; provided, however, that such records are exempt from public disclosure.
o Section 5 – RCW 13.40.020 and 2019 c 444 s 9 are each amended to read as follows:
▪ For the purposes of this chapter:
1) "Assessment" means an individualized examination of a child to determine the child's
psychosocial needs and problems, including the type and extent of any mental health,
substance abuse, or co- occurring mental health and substance abuse disorders, and
recommendations for treatment. "Assessment" includes, but is not limited to, drug and
alcohol evaluations, psychological and psychiatric evaluations, records review, clinical
interview, and administration of a formal test or instrument;
2) "Community-based rehabilitation" means one or more of the following: Employment;
attendance of information classes; literacy classes; counseling, outpatient substance
abuse treatment programs, outpatient mental health programs, anger management
classes, education or outpatient treatment programs to prevent animal cruelty, or
other services including, when appropriate, restorative justice programs; or
attendance at school or other educational programs appropriate for the juvenile as
determined by the school district. Placement in community -based rehabilitation
programs is subject to available funds;
3) "Community-based sanctions" may include one or more of the following:
a) A fine, not to exceed ((five hundred dollars)) $500;
b) Community restitution not to exceed ((one hundred fifty)) 150 hours of
community restitution;
4) "Community restitution" means compulsory service, without compensation, performed
for the benefit of the community by the offender as punishment for committing an
offense. Community restitution may be performed through public or private
organizations or through work crews;
5) "Community supervision" means an order of disposition by the court of an adjudicated
youth not committed to the department or an order granting a deferred disposition. A
community supervision order for a single offense may be for a period of up to two
years for a sex offense as defined by RCW 9.94A.030 and up to one year for other
offenses. As a mandatory condition of any term of community supervision, the court
shall order the juvenile to refrain from committing new offenses. As a mandatory
condition of community supervision, the court shall order the juvenile to comply with
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
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the mandatory school attendance provisions of chapter 28A.225 RCW and to inform
the school of the existence of this requirement. Community supervision is an
individualized program comprised of one or more of the following:
a) Community-based sanctions;
b) Community-based rehabilitation;
c) Monitoring and reporting requirements;
d) Posting of a probation bond;
e) Residential treatment, where substance abuse, mental health, and/or co-
occurring disorders have been identified in an assessment by a qualified
mental health professional, psychologist, psychiatrist, co-occurring disorder
specialist, or substance use disorder professional and a funded bed is
available. If a child agrees to voluntary placement in a state-funded long-term
evaluation and treatment facility, the case must follow the existing placement
procedure including consideration of less restrictive treatment options and
medical necessity.
i) A court may order residential treatment after consideration and
findings regarding whether:
A) The referral is necessary to rehabilitate the child;
B) The referral is necessary to protect the public or the child;
C) The referral is in the child's best interest;
D) The child has been given the opportunity to engage in less
restrictive treatment and has been unable or unwilling to
comply; and
E) Inpatient treatment is the least restrictive action consistent
with the child's needs and circumstances.
ii) In any case where a court orders a child to inpatient tr eatment under
this section, the court must hold a review hearing no later than
((sixty)) 60 days after the youth begins inpatient treatment, and every
((thirty)) 30 days thereafter, as long as the youth is in inpatient
treatment;
6) "Confinement" means physical custody by the department of children, youth, and
families in a facility operated by or pursuant to a contract with the state, or physical
custody in a detention facility operated by or pursuant to a contract with any county.
The county may operate or contract with vendors to operate county detention
facilities. The department may operate or contract to operate detention facilities for
juveniles committed to the department. Pretrial confinement or confinement of less
than ((thirty-one)) 31 days imposed as part of a disposition or modification order may
be served consecutively or intermittently, in the discretion of the court;
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7) "Court," when used without further qualification, means the juvenile court judge(s) or
commissioner(s);
8) "Criminal history" includes all criminal complaints against the respondent for which,
prior to the commission of a current offense:
a. The allegations were found correct by a court. If a respondent is convicted of
two or more charges arising out of the same course of conduct, only the
highest charge from among these shall count as an offense for the purposes
of this chapter; or
b. The criminal complaint was diverted by a prosecutor pursuant to the
provisions of this chapter on agreement of the respondent and after an
advisement to the respondent that the criminal complaint would be
considered as part of the respondent's criminal history. A successfully
completed deferred adjudication that was entered before July 1, 1998, or a
deferred disposition shall not be considered part of the respondent's criminal
history;
9) "Custodial interrogation" means express questioning or other actions or words by a
law enforcement officer which are reasonably likely to elicit an incriminating response
from an individual and occurs when reasonable individuals in the same circumstances
would consider themselves in custody;
10) "Department" means the department of children, youth, and families;
11) "Detention facility" means a county facility, paid for by the county, for the physical
confinement of a juvenile alleged to have committed an offense or an adjudicated
offender subject to a disposition or modification order. "Detention facility" includes
county group homes, inpatient substance abuse programs, juvenile basic training
camps, and electronic monitoring;
12) "Diversion unit" means any probation counselor who enters into a diversion
agreement with an alleged youthful offender, or any other person, community
accountability board, youth court under the supervision of the juvenile court, or other
entity with whom the juvenile court administrator has contracted to arrange and
supervise such agreements pursuant to RCW 13.40.080, or any person, community
accountability board, or other entity specially funded by the legislature to arrange and
supervise diversion agreements in accordance with the requirements of this chapter.
For purposes of this subsection, "community accountability board" means a board
comprised of members of the local community in which the juvenile offender resides.
The superior court shall appoint the members. The boards shall consist of at least
three and not more than seven members. If possible, the board should include a
variety of representatives from the community, such as a law enforcement officer,
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Bill Tasks Responsibility Training Time Effective Date
teacher or school administrator, high school student, parent, and business owner, and
should represent the cultural diversity of the local community;
13) "Foster care" means temporary physical care in a foster family home or group care
facility as defined in RCW 74.15.020 and licensed by the department, or other leg ally
authorized care;
14) "Institution" means a juvenile facility established pursuant to chapters 72.05 and
72.16 through 72.20 RCW;
15) "Intensive supervision program" means a parole program that requires intensive
supervision and monitoring, offers an array of individualized treatment and transitional
services, and emphasizes community involvement and support in order to reduce the
likelihood a juvenile offender will commit further offenses;
16) "Juvenile," "youth," and "child" mean any individual who is under the chronological
age of 18 years and who has not been previously transferred to adult court pursuant
to RCW 13.40.110, unless the individual was convicted of a lesser charge or
acquitted of the charge for which he or she was previously transferred pursuant to
RCW 13.40.110 or who is not otherwise under adult court jurisdiction;
17) "Juvenile offender" means any juvenile who has been found by the juvenile court to
have committed an offense, including a person 18 years of age or older over whom
jurisdiction has been extended under RCW 13.40.300;
18) "Labor" means the period of time before a birth during which contractions are of
sufficient frequency, intensity, and duration to bring about effacement and progressive
dilation of the cervix;
19) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement;
(b) 0-12 months of community supervision; (c) 0-150 hours of community restitution;
or (d) $0-$500 fine;
20) "Manifest injustice" means a disposition that would either impose an excessive
penalty on the juvenile or would impose a serious, and clear danger to society in light
of the purposes of this chapter;
21) "Monitoring and reporting requirements" means one or more of the following:
Curfews; requirements to remain at home, school, work, or court-ordered treatment
programs during specified hours; restrictions from leaving or entering specified
geographical areas; requirements to report to the probation officer as directed and to
remain under the probation officer's supervision; and other conditions or limitations as
the court may require which may not include confinement;
22) "Offense" means an act designated a violation or a crime if committed by an adult
under the law of this state, under any ordinance of any city or county of this state,
under any federal law, or under the law of another state if the act occurred in that
state;
City of Pasco, Washington—Washington State Law Enforcement 2021 Legislative Bills—Impact and Implementation Analysis
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Bill Tasks Responsibility Training Time Effective Date
23) "Physical restraint" means the use of any bodily force or physical intervention to
control a juvenile offender or limit a juvenile offender's freedom of movement in a way
that does not involve a mechanical restraint. Physical restraint does not include
momentary periods of minimal physical restriction by direct person-to-person contact,
without the aid of mechanical restraint, accomplished with limited force and designed
to:
a. Prevent a juvenile offender from completing an act that would result in
potential bodily harm to self or others or damage property;
b. Remove a disruptive juvenile offender who is unwilling to leave the area
voluntarily; or
c. Guide a juvenile offender from one location to another;
24) "Postpartum recovery" means (a) the entire period a woman or youth is in the
hospital, birthing center, or clinic after giving birth and (b) an additional time period, if
any, a treating physician determines is necessary for healing after the youth l eaves
the hospital, birthing center, or clinic;
25) "Probation bond" means a bond, posted with sufficient security by a surety justified
and approved by the court, to secure the offender's appearance at required court
proceedings and compliance with court-ordered community supervision or conditions
of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit
of cash or posting of other collateral in lieu of a bond if approved by the court;
26) "Respondent" means a juvenile who is alleged or proven to have committed an
offense;
27) "Restitution" means financial reimbursement by the offender to the victim, and shall
be limited to easily ascertainable damages for injury to or loss of property, actual
expenses incurred for medical treatment for physical injury to persons, lost wages
resulting from physical injury, and costs of the victim's counseling reasonably related
to the offense. Restitution shall not include reimbursement for damages for mental
anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall
limit or replace civil remedies or defenses available to the victim or offender;
28) "Restorative justice" means practices, policies, and programs informed by and
sensitive to the needs of crime victims that are designed to encourage offenders to
accept responsibility for repairing the harm caused by their offense by providing safe
and supportive opportunities for voluntary participation and communication between
the victim, the offender, their families, and releva nt community members;
29) "Restraints" means anything used to control the movement of a person's body or
limbs and includes:
a. Physical restraint; or
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Bill Tasks Responsibility Training Time Effective Date
b. Mechanical device including but not limited to: Metal handcuffs, plastic ties,
ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;
30) "Screening" means a process that is designed to identify a child who is at risk of
having mental health, substance abuse, or co-occurring mental health and substance
abuse disorders that warrant immediate attention, intervention, or more
comprehensive assessment. A screening may be undertaken with or without the
administration of a formal instrument;
31) "Secretary" means the secretary of the department;
32) "Services" means services which provide alternatives to incarceration for those
juveniles who have pleaded or been adjudicated guilty of an offense or have signed a
diversion agreement pursuant to this chapter;
33) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
34) "Sexual motivation" means that one of the purposes for which the respondent
committed the offense was for the purpose of the respondent's sexual gratification;
35) "Surety" means an entity licensed under state insurance laws or by the state
department of licensing, to write corporate, property, or probation bonds within the
state, and justified and approved by the superior court of the county having
jurisdiction of the case;
36) "Transportation" means the conveying, by any means, of an incarcerated pregnant
youth from the institution or detention facility to another location from the moment she
leaves the institution or detention facility to the time of arrival at the other location,
and includes the escorting of the pregnant incarcerated youth from the institution or
detention facility to a transport vehicle and from the vehicle to the other location;
37) "Violation" means an act or omission, which if committed by an adult, must be proven
beyond a reasonable doubt, and is punishable by sanctions which do not include
incarceration;
38) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
39) "Youth court" means a diversion unit under the supervision of the juvenile court.
o New Section 6 – If specific funding for the purposes of this act, referencing this act by bill or chapter
number, is not provided by June 30, 2021, in the omnibus appropriations act, this act is null and void.
o New Section 7 – This act takes effect January 1, 2022.
9 SHB 1155 • Emergency Communication Systems and Facilities – Local Sales and Use Tax – Become familiar with
the bill relating to sales and tax use for emergency communication systems and equipment (which may be
beneficial in Franklin County).
Admin – review for
potential revenue
N/A July 25, 2021
10 SHB 1207 • Department of Licensing issued Documents – Various Provisions – Become familiar with changes to the
driver’s licensing process due to the COVID-19 pandemic and other reasons that officer may see during patrol
duty.
o New Section 1 – in part states that the Department of Licensing:
Training Training – 1 hour –
Create a handout for
patrol and traffic
officers with updates.
January 1, 2022—
Except for sections
1, 3, and 4, which
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Bill Tasks Responsibility Training Time Effective Date
▪ Will offer a six-year (6) issuance option; and
▪ Will allow for remote photo capture (to reduce lines at local offices) [driver’s licenses may look
different]; and
▪ Commercial license fees will be $136 for new and renewals and can be issued for eight -years
(8); and
▪ May issue Driver’s Instruction Permit online or in-person
o New Section 11 – in part states the Department of Licensing must evaluate the impact of expanded
online renewals and remote photo capture on backlog reduction, access to services, public safety,
and other items.
o And other amendments, including the substitution of he/she with “the applicant .”
become effective
May 3, 2021
11 SHB 1214 • Public School Safety and Security Services – Specific to SROs – become familiar with new data collection
measures and more [read entire bill language for details]
o New Section 1 – in part states that the legislature acknowledges the disproportionate impact that
interactions with police have on youth of color and on black youth in particular. Not only are black
youth more likely than their white peers to have contact with police at a young age despite similar or
lower rates of illegal behavior, but early police contact for black youth is predictive of future arrests in
a way that is not true for white youth.
o New Section 2 – School districts must annually collect the following information on safety and
security staff:
▪ Total number of safety and security staff working in the district and in each school building,
and the number of days per week each staff works ;
▪ The name of any law enforcement agency or private organization with which the district has
an agreement for safety and security services;
▪ Description of each incident where safety and security staff were involved that resulted in
student discipline, use of force against a student, or a student arrest. For each student
involved in the incident, the description must include:
• The student’s race, ethnicity, and other demographics; and
• Whether the student has an individualized education program or plan devel oped
under Section 504 of the Rehabilitation Act of 1973;
▪ The number of complaints related to job duties and student interactions filed against safety
and security staff; and
▪ Other school safety and security information required by the office of the superintendent of
public instruction.
▪ School districts must annually submit any agreements as required by Section 6 of this act and
the information collected as required by this section at the time and in the manner required by
the office of the superintendent of public instruction.
▪ For the purposes of the section, “safety and security staff” has the same meaning as in RCW
28A.320.124 [including SRO]
Training – provide
training to SROs
and coordinate with
school
administrators to
accommodate new
training
requirements and
how/when SRO-
student
interventions will
take place, and
exclusion from the
student disciplinary
process. In Section
5, explain how an
SRO will articulate
how to “create a
positive climate”
among other things.
Training – 2 hours
– [See HB1113]
Include
language/terms into
Chapter 44 Juvenile
Operations.
July 25, 2021
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o New Section 3 – in part states a new section added to RCW Chapter 28A.400 was amended to read:
▪ Prior to assigning safety and security staff to work on school property when students are
expected to be present, school districts and their contractors must either:
• Confirm the safety and security staff have training series documentation provided
under Section 4 of this act; or
• Require the safety and security staff to complete the training series described in
subsection 2 (below) of this section.
▪ The training series, two components for school resource officers and three components for
other safety and security staff, must meet the requirements in this subsection.
• All safety and security staff must complete classroom training on the subjects listed in
section 4(2) of this act, within the first six months of working on school property when
students are expected to be present.
• All safety and security staff must complete two days of on- the-job training with
experienced safety and security staff, at the school of the experienced staff, within the
first year of working on school property when students are expected to be present.
• Safety and security staff who are not school resource officers must complete at least
six check-in trainings with experienced staff within the first year of working on school
property when students are expected to be present.
• School safety and security staff who complete the training series described in
subsection (2) of this section, and staff with significant prior training and experience,
may request training series documentation from an educational service district under
section 4 of this act.
• Nothing in this section effects the categorization of safety and security staff as
classified staff. Safety and security staff are not considered certificated instructional
staff as that term and its meaning are used in this title.
▪ New Section 4 – in part states that RCW Chapter 28A.310 has been amended to read:
• A safety and security staff training program is established. The program must be
jointly developed by the educational service districts but may be administered
primarily by one or more educational service districts. The program must meet the
requirements of this section.
• When developing the safety and security staff training program, the educational
service districts should engage with the state school safety center established in
RCW 28A.300.630 and the school safety and student well-being advisory committee
established in RCW 28A.300.635.
• The educational service districts must identify or develop classroom training on the
following subjects:
o Constitutional and civil rights of children in schools, including state law
governing search and interrogation of youth in schools;
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o Child and adolescent development;
o Trauma-informed approaches to working with youth;
o Recognizing and responding to youth mental health issues;
o Educational rights of students with disabilities, the relationship of disability to
behavior, and best practices for interacting with students with disabilities;
o Bias-free policing and cultural competency, including best practices for
interacting with students from particular backgrounds, including English
learner, LGBTQ, immigrant, female, and nonbinary students;
o Local and national disparities in the use of force and arrests of children;
o Collateral consequences of arrest, referral for prosecution, and court
involvement;
o Resources available in the community that serve as alternatives to arrest and
prosecution and pathways for youth to access services without court or
criminal justice involvement;
o De-escalation techniques when working with youth or groups of youth;
o State law regarding restraint and isolation in schools, including RCW
28A.600.485;
o The federal family educational rights and privacy act (20 U.S.C. Sec. 12 32g)
requirements including limits on access to and dissemination of student
records for noneducational purposes; and (m) Restorative justice principles
and practices.
o The educational service districts must provide, or arrange for the delivery of,
classroom training on the subjects listed in subsection (2) of this section. At a
minimum, classroom trainings on each subject must be provided annually,
remotely, synchronously, or asynchronously, and by at least one educational
service district. Classroom training may be provided on a fee-for-service basis
and should be self-supporting.
o The educational service districts must provide to safety and security staff,
upon request, documentation that the safety and security staff training series
described in section 3(2) of this act has been completed. Before providing this
training series documentation, completion of each component of the training
series must be verified or, in the case of safety and security staff with
significant prior training and experience, waived.
o The educational service districts must develop and publish guidelines for on -
the-job training and check-in training that include recommendations for
identifying and recruiting experienced safety and security staff to provide the
trainings, suggested activities during on-the-job trainings, and best practices
for meaningful check-in trainings. The guidelines for check-in training must
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also include recommended frequency, possible topics of discussion, and
options for connecting virtually.
▪ Section 5 has been amended to remove language and add the following:
• By the beginning of the 2021-22 school year, school districts that have safety and
security staff working on school property when students are expected to be present
must adopt, and periodically update, a policy and procedure that:
• Includes a clear statement regarding ((school resource officer)) safety and security
staff duties and responsibilities related to student behavior and discipline that:
• Prohibits a school resource officer from becoming involved in formal school discipline
situations that are the responsibility of school administrators; and
• Recognizes that ((a)) trained ((school resource officer)) safety and security staff
know((s)) when to informally interact with students to reinforce school rules and when
to enforce the law;
o ((School district policy and procedure for teachers that clarify)) Clarifies the
circumstances under which teachers and school administrator s may ask ((an
officer)) safety and security staff to intervene with a student;
o Explains how safety and security staff will be engaged in creating a positive
school climate and positive relationships with students; and
o Describes the process for families to file complaints with the school and,
when applicable, the local law enforcement agency or the company that
provides the safety and security staff on contract related to ((school resource
officers)) safety and security staff and a process for investigating and
responding to complaints.
o At the beginning of each school year, school districts that have safety and
security staff working on school property must present to and discuss with
students, and distribute to students' families, information about the role and
responsibilities of safety and security staff.
o The definitions in this subsection apply throughout this section unless the
context clearly requires otherwise.
▪ "Safety and security staff" means a school resource officer, a school
security officer, a campus security officer, and any other
commissioned or noncommissioned employee or contractor, whose
primary job duty is to provide safety or security services for a public
school, as defined in RCW 28A.150.010.
▪ "School resource officer" means a commissioned law enforcement
officer in the state of Washington with sworn authority to make
arrests, deployed in community-oriented policing, and assigned by
the employing police department or sheriff's office to work in schools
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to build positive relationships with students and address crime and
disorder problems, gangs, and drug activities affecting or occurring in
or around K-12 schools. School resource officers should focus on
keeping students out of the criminal justice system when possible
and should not be used to attempt to impose criminal sanctions in
matters that are more appropriately handled within the educational
system.
▪ New Section 6 – A new section is added to RCW Chapter 28A.320 If a law enforcement
agency or security guard company supplies safety and security staff to work on school
property when students are expected to be present, the school district must annually review
and adopt an agreement with the law enforcement agency or security guard company that
meets the requirements of this section. The agreement must:
• Meet the requirements described in RCW 28A.320.124(1)
• Include a jointly determined hiring and placement process and a performance
evaluation process; and
• Either confirm the safety and security staff have training series documentation
provided under section 4(4) of this act or describe the plan for safety and security
staff to complete the training series described in section 3(2) of this act.
• The agreement review and adoption process must involve parents, students, and
community members.
• For purposes of this section, "safety and security staff" has the same meaning as in
RCW 28A.320.124.
▪ New Section 7 – A new section is added to chapter 28A.710 to read as follows:
▪ Sections 2, 3, and 6 of this act and RCW 28A.320.124 govern school operation and
management under RCW 28A.710.040 and apply to charter schools established under this
chapter.
▪ Section 8 has been amended to include:
• Security guards who receive any of the school safety and security staff classroom
training described in section 4(2) of this act may apply the number of completed
classroom training hours to meet either the initial post-assignment training
requirement or the annual refresher training requirement.
12 SHB 1221 • Homelessness – Definitions – Become familiar with new terminology and services relating to homelessness
o An ACT Relating to the standardizing definitions of homelessness to improve access to services; and
amending RCW 43.216.505, 13.34.030, 26.44.020, 13.34.065, and 13.34.138
o Section 1 has been amended to include:
▪ "Homeless" means a child without a fixed, regular, and adequate nighttime residence as
described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter
119, subchapter VI, part B) as it existed on January 1, 2021.
Admin & Training
– update policy and
procedure language
to include definitions
listed in this statute.
Create training for
all to include the
Training – 3 hours
– provide update
training to all
commissioned
officers on legal and
terminology updates.
July 25, 2021
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o Section 2 has been amended to include:
▪ "Experiencing homelessness" means lacking a fixed, regular, and adequate nighttime
residence, including circumstances such as sharing the housing of other persons due to loss
of housing, economic hardship, fleeing domestic violence, or a similar reason as described in
the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119,
subchapter I) as it existed on January 1, 2021.
o Section 3 has been amended to include the following:
▪ (same as Section 2 above)
definitions listed in
this statute.
Review and revise
the Homeless
Program –
Homeless Liaison
Officer (HLO)
procedure.
13 SHB 1223 • Uniform Electronic Recordation of Custodial Interrogations Act – Provide training to all officers relating to
the new requirements for the uniform recording of custodial interrogations.
o An ACT relating to the uniform electronic recordation of custodial interrogations act; reenacting and
amending RCW 9.73.030; adding a new chapter to Title 10 RCW; and providing an effective date.
o New Section 1 – SHORT TITLE. This chapter may be known and cited as the uniform electronic
recordation of custodial interrogations act.
o New Section 2 – "Custodial interrogation" means express questioning or other actions or words by a
law enforcement officer which are reasonably likely to elicit an incriminating response from an
individual and occurs when reasonable individuals in the same circumstances would consider
themselves in custody.
▪ "Electronic recording" means an audio recording or audio and video recording that accurately
records a custodial interrogation. "Record electronically" and "recorded electronically" have a
corresponding meaning.
▪ "Law enforcement agency" means a general authority Washington law enforcement agency or
limited authority Washington law enforcement agency as those terms are defined in RCW
10.93.020.
▪ "Law enforcement officer" means a general authority Washington peace officer or limited
authority Washington peace officer as those terms are defined in RCW 10.93.020.
▪ "Person" means an individual, corporation, business trust, statutory trust, estate, tru st,
partnership, limited liability company, association, joint venture, public corporation, or
government; governmental subdivision, agency, or instrumentality; or any other legal or
commercial entity.
▪ "Place of detention" means a fixed location under the control of a law enforcement agency
where individuals are questioned about alleged crimes or status offenses. The term includes a
jail, police or sheriff's station, holding cell, correctional or detention facility, police vehicle, and
in the case of juveniles, schools.
▪ "State" means a state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the
United States.
▪ "Statement" means a communication whether oral, written, electronic, or nonverbal.
Admin – How
would we use
bodycam
video/audio to
perform this
function? Is it
possible?
Training – Review
and revise the
Interviews and
Interrogations
Procedure, Chapter
44 Juvenile
Operations Policy,
and Chapter 42
Criminal
Investigations Policy
as appropriate.
Training – 1 hour –
Provide training for
all commissioned
officers on the new
definitions and
requirements for
custodial
interrogations.
Coordinate training
with the Franklin
County DA Office.
July 25, 2021—
Except for sections
1 through 20, which
take effect January
1, 2022
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o New Section 3 – ELECTRONIC RECORDING REQUIREMENT.
1) Except as otherwise provided by sections 5 through 10 of this act, a custodial interrogation,
including the giving of any required warning, advice of the r ights of the individual being
questioned, and the waiver of any rights by the individual, must be recorded electronically in
its entirety if the interrogation subject is a juvenile or if the interrogation relates to a felony
crime. A custodial interrogation at a jail, police or sheriff's station, holding cell, or correctional
or detention facility must be recorded by audio and video means. A custodial interrogation at
any other place of detention must be recorded by audio means at minimum.
2) If a law enforcement officer conducts a custodial interrogation to which subsection (1) of this
section applies without electronically recording it in its entirety, the officer shall prepare a
written or electronic report explaining the reason for not complying with this section and
summarizing the custodial interrogation process and the individual's statements.
3) A law enforcement officer shall prepare the report required by subsection (2) of this section as
soon as practicable after completing the interrogation.
4) As soon as practicable, a law enforcement officer conducting a custodial interrogation outside
a place of detention shall prepare a written or electronic report explaining the decision to
interrogate outside a place of detention and summarizing the custodial inter rogation process
and the individual's statements made outside a place of detention.
5) This section does not apply to a spontaneous statement made outside the course of a
custodial interrogation or a statement made in response to a question asked routinely d uring
the processing of the arrest of an individual.
o New Section 4 – CONSENT NOT REQUIRED-NOTICE. Notwithstanding RCW 9.73.030 and
9.73.090, a law enforcement officer conducting a custodial interrogation is not required to obtain
consent to electronic recording from the individual being interrogated but must inform the individual
that an electronic recording is being made of the interrogation. This chapter does not permit a law
enforcement officer or a law enforcement agency to record a private communication between an
individual and the individual's lawyer.
o New Section 5 – EXCEPTION FOR EXIGENT CIRCUMSTANCES. A custodial interrogation to which
section 3 of this act otherwise applies need not be recorded electronically if recording is not feasible
because of exigent circumstances. The law enforcement officer conducting the interrogation shall
record electronically an explanation of the exigent circumstances before conducting the interrogation,
if feasible, or as soon as practicable after the interrogation is completed.
o New Section 6 – EXCEPTION FOR INDIVIDUAL'S REFUSAL TO BE RECORDED
ELECTRONICALLY.
1) A custodial interrogation to which section 3 of this act otherwise applies need not be recorded
electronically if the individual to be interrogated indicates that the individual will not participate
in the interrogation if it is recorded electronically. If feasible, the agreement to participate
without recording must be recorded electronically.
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2) If, during a custodial interrogation to which section 3 of this act otherwise applies, the
individual being interrogated indicates that the individual will not part icipate in further
interrogation unless electronic recording ceases, the remainder of the custodial interrogation
need not be recorded electronically. If feasible, the individual's agreement to participate
without further recording must be recorded electronically.
3) A law enforcement officer, with intent to avoid the requirement of electronic recording in
section 3 of this act, may not encourage an individual to request that a recording not be made.
o New Section 7 – EXCEPTION FOR INTERROGATION CONDUCTED BY OTHER JURISDICTION. If
a custodial interrogation occurs in another state in compliance with that state's law or is conducted by
a federal law enforcement agency in compliance with federal law, the interrogation need not be
recorded electronically unless the interrogation is conducted with intent to avoid the requirement of
electronic recording in section 3 of this act.
o New Section 8 – EXCEPTION BASED ON BELIEF RECORDING NOT REQUIRED.
1) A custodial interrogation to which section 3 of this act otherwise applies need not be recorded
electronically if the interrogation occurs when no law enforcement officer conducting the
interrogation has knowledge of facts and circumstances that would lead an officer reasonably
to believe that the individual being interrogated may have committed an act for which section
3 of this act requires that a custodial interrogation be recorded electronically.
2) If, during a custodial interrogation under subsection (1) of this section, the individual being
interrogated reveals facts and circumstances giving a law enforcement officer conducting the
interrogation reason to believe that an act has been committed for which section 3 of this act
requires that a custodial interrogation be recorded electronically, continued custodial
interrogation concerning that act must be recorded electronically, if feasible.
o New Section 9 – EXCEPTION FOR SAFETY OF INDIVIDUAL OR PROTECTION OF IDENTITY. A
custodial interrogation to which section 3 of this act otherwise applies need not be recorded
electronically if a law enforcement officer conducting the interrogation or the officer's superior
reasonably believes that electronic recording would disclose the identity of a confidential inform ant or
jeopardize the safety of an officer, the individual being interrogated, or another individual. If feasible
and consistent with the safety of a confidential informant, an explanation of the basis for the belief that
electronic recording would disclose the informant's identity must be recorded electronically at the time
of the interrogation. If contemporaneous recording of the basis for the belief is not feasible, the
recording must be made as soon as practicable after the interrogation is completed.
o New Section 10 – EXCEPTION FOR EQUIPMENT MALFUNCTION .
1) All or part of a custodial interrogation to which section 3 of this act otherwise applies need not
be recorded electronically to the extent that recording is not feasible because the available
electronic recording equipment fails, despite reasonable maintenance of the equipment, and
timely repair or replacement is not feasible.
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2) If both audio and video recording of a custodial interrogation are otherwise required by section
3 of this act, recording may be by audio alone if a technical problem in the video recording
equipment prevents video recording, despite reasonable maintenance of the equipment, and
timely repair or replacement is not feasible.
3) If both audio and video recording of a custodial interro gation are otherwise required by
section 3 of this act, recording may be by video alone if a technical problem in the audio
recording equipment prevents audio recording, despite reasonable maintenance of the
equipment, and timely repair or replacement is not feasible.
o New Section 11 – BURDEN OF PERSUASION. If the prosecution relies on an exception in sections
5 through 10 of this act to justify a failure to record electronically a custodial interrogation, the
prosecution must prove by a preponderance of th e evidence that the exception applies.
o New Section 12 – NOTICE OF INTENT TO INTRODUCE UNRECORDED STATEMENT. If the
prosecution intends to introduce in its case in chief a statement made during a custodial interrogation
to which section 3 of this act applies which was not recorded electronically, the prosecution, not later
than the time specified by the local rules governing discovery, shall serve the defendant with written
notice of that intent and of any exception on which the prosecution intends to rely.
o New Section 13 – PROCEDURAL REMEDIES.
1) Unless the court finds that an exception in sections 5 through 10 of this act applies, the court
shall consider the failure to record electronically all or part of a custodial interrogation to which
section 3 of this act applies in determining whether a statement made during the interrogation
is admissible, including whether it was voluntarily made.
2) If the court admits into evidence a statement made during a custodial interrogation that was
not recorded electronically in compliance with section 3 of this act, the court shall afford the
defendant the opportunity to present to the jury the fact that the statement was not recorded
electronically in compliance with section 3 of this act.
o New Section 14 – HANDLING AND PRESERVING ELECTRONIC RECORDING. Each law
enforcement agency in this state shall establish and enforce procedures to ensure that the electronic
recording of all or part of a custodial interrogation is identified, accessible, and preserved throughout
the length of any resulting sentence, including any period of community custody extending through
final discharge.
o New Section 15 – POLICIES AND PROCEDURES RELATING TO ELECTRONIC RECORDING.
1) Each law enforcement agency that is a governmental entity of this state sha ll adopt and
enforce policies and procedures to implement this chapter.
2) The policies and procedures adopted under subsection (1) of this section must address the
following topics:
a) How an electronic recording of a custodial interrogation must be made;
b) The collection and review of electronic recordings, or the absence thereof, by
supervisors in each law enforcement agency;
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c) The assignment of supervisory responsibilities and a chain of command to promote
internal accountability;
d) A process for explaining noncompliance with procedures and imposing administrative
sanctions for a failure to comply that is not justified;
e) A supervisory system expressly imposing on individuals in specific positions a duty to
ensure adequate staffing, education, training, and material resources to implement
this chapter; and
f) A process for preserving the chain of custody of an electronic recording.
3) The policies and procedures adopted under subsection (2)(a) of this section for video
recording must contain standards for the angle, focus, and field of vision of a recording device
which reasonably promote accurate recording of a custodial interrogation at a place of
detention and reliable assessment of its accuracy and completeness.
o New Section 16 – LIMITATION OF LIABILITY.
1) A law enforcement agency that is a governmental entity in this state which has implemented
procedures reasonably designed to enforce the rules adopted pursuant to section 15 of this
act and ensure compliance with this chapter is not subject to civil liability for damages arising
from a violation of this chapter.
2) This chapter does not create a right of action against a law enforcement officer.
o New Section 17 – SELF-AUTHENTICATION.
1) In any pretrial or posttrial proceeding, an electronic recording of a custodial interrogation is
self-authenticating if it is accompanied by a certificate of authenticity sworn under oath or
affirmation by an appropriate law enforcement officer.
2) This chapter does not limit the right of an individual to challenge the authenticity of an
electronic recording of a custodial interrogation under law of this state other than this chapter.
o New Section 18 – NO RIGHT TO ELECTRONIC RECORDING OR TRANSCRIPT.
1) This chapter does not create a right of an individual to require a custodial interrogation to be
recorded electronically.
2) This chapter does not require preparation of a transcript of an electronic recording of a
custodial interrogation.
o New Section 19 – UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and
construing this uniform act, consideration must be given to the need to promote uniformity of the law
with respect to its subject matter among states that enact it.
o New Section 20 – RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT. This chapter modifies, limits, and supersedes the electronic signatures in global
and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices
described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
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o Section 21 – RCW9.73.030 and 1986 c 38 s 1 and 1985 c 260 s 2 are each reenacted and amended
to read as follows:
1) Except as otherwise provided in this chapter, it shall be unlawful for any individual,
partnership, corporation, association, or the state of Washington, its agencies, and political
subdivisions to intercept, or record any:
a) Private communication transmitted by telephone, telegraph, radio, or other device
between two or more individuals between points within or without the state by any
device electronic or otherwise designed to record and/or transmit said communication
regardless how such device is powered or actuated, without first obtaining the
consent of all the participants in the communication;
b) Private conversation, by any device electronic or otherwise designed to record or
transmit such conversation regardless how the device is powered or actuated without
first obtaining the consent of all the persons engaged in the conversation.
2) Notwithstanding subsection (1) of this section, wire communications or conversations (a) of an
emergency nature, such as the reporting of a fire, medical emergency, crime, or disaster, or
(b) which convey threats of extortion, blackmail, bodily harm, or other unlawful requests or
demands, or (c) which occur anonymously or repeatedly or at an extremely inconvenient hour,
or (d) which relate to communications by a hostage holder or barricaded person as defined in
RCW 70.85.100, whether or not conversation ensues, may be recorded with the consent of
one party to the conversation.
3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered
obtained whenever one party has announced to all other parties engaged in the
communication or conversation, in any reasonably effective manner, that such communication
or conversation is about to be recorded or transmitted: PROVIDED, Tha t if the conversation is
to be recorded that said announcement shall also be recorded.
4) An employee of any regularly published newspaper, magazine, wire service, radio station, or
television station acting in the course of bona fide news gathering duties o n a full-time or
contractual or part-time basis, shall be deemed to have consent to record and divulge
communications or conversations otherwise prohibited by this chapter if the consent is
expressly given or if the recording or transmitting device is readily apparent or obvious to the
speakers. Withdrawal of the consent after the communication has been made shall not
prohibit any such employee of a newspaper, magazine, wire service, or radio or television
station from divulging the communication or convers ation.
5) This section does not apply to the recording of custodial interrogations pursuant to section 4
of this act.
o New Section 22 – SEVERABILITY. If any provision of this or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
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o New Section 23 – CODIFICATION. Sections 1 through 20 of this act constitute a new chapter in Title
10 RCW.
o New Section 24 – EFFECTIVE DATE. Sections 1 through 20 of act take effect January 1, 2022.
14 ESHB 1236 • Residential Tenancies – Various Provisions – Prepare training If any officer may be dispatched to a
landlord/tenant issue regarding eviction [see entire bill for details, new amendments listed below].
• AN ACT Relating to protecting residential tenants from the beginning to the end of their tenancies by
penalizing the inclusion of unlawful lease provisions and limiting the reasons for eviction, refusal to continue,
and termination; amending RCW 59.18.220 and 59.12.030; reenacting and amending RCW 59.18.030,
59.18.200, and 59.18.230; adding a new section to chapter 59.18 RCW; prescribing penalties; and declaring
an emergency.
o Section 1
▪ "Immediate family" includes state registered domestic partner, spouse, parents, grandparents,
children, including foster children, siblings, and in-laws.
▪ "Subsidized housing" refers to rental housing for very low-income individuals or low-income
households that is a dwelling unit operated directly by a public housing authority or its affiliate,
or that is insured, financed, or assisted in whole or in part through one of the following
sources:
a) A federal program or state housing program administered by the department of
commerce or the Washington state housing finance commission;
b) A federal housing program administered by a city or county government;
c) An affordable housing levy authorized under RCW 84.52.105; or
d) The surcharges authorized in RCW 36.22.178 and 36.22.179 and any of the
surcharges authorized in chapter 43.185C RCW.
▪ "Transitional housing" means housing units owned, operated, or managed by a nonprofit
organization or governmental entity in which supportive services are provided to individuals
and families that were formerly homeless, with the intent to stabilize them and move them to
permanent housing within a period of not more than twenty-four months, or longer if the
program is limited to tenants within a specified age range or the program is intended for
tenants in need of time to complete and transition from educational or training or service
programs.
• Sections 3, 4, 5, 6 – various language and date changes.
• New Section 7 – This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions and takes effect
immediately.
Training – Review
and revise the Area
Resource Officer
duties procedure as
appropriate.
Training – 1 hour –
Training for officers
who may be involved
with processing
evictions.
May 10, 2021
15 EHB 1251
SHB 1322
SB 5016
• EHB 1251: AN ACT Relating to the authorization of wheeled all-terrain vehicles on state highways; and
amending RCW 46.09.455 – Provide training to all traffic and patrol assigned officers who may cite an all-
terrain vehicle on a highway or non-highway
Training –
Review and amend
Chapter 61 Traffic
Training – 1 hour –
Amend existing
traffic enforcement
training curricula
July 25, 2021
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o Section 1 – Amendment to include – (a) A person may not operate a wheeled all-terrain vehicle upon
state highways that are listed in chapter 47.17 RCW; however, a person may operate a wheeled all-
terrain vehicle upon a segment of a state highway listed in chapter 47.17 RCW if the segment is within
the limits of a city or town, or if the county in which the segment is located has first consulted with the
department of transportation, and then adopted an ordinance approving th e operation of wheeled all-
terrain vehicles on that segment, and the speed limit on the segment is thirty -five miles per hour or
less;
• SHB 1322 – Off-Road Vehicle and Snowmobile Registration – Enforcement
o Section 1 is amended to read – (b) The exemption in (a) of this subsection does not apply to an off-
road vehicle owned by a resident of a state that borders Washington and that does not impose a retail
sales and use tax on the sales or use of off-road vehicles.
o Section 2 is amended to read:
▪ Except as provided in (b) of this subsection, charge a fee for each decal covering the actual
cost of the decal;
▪ Charge no fee for the decal, if the vehicle is also properly registered or permitted in another
state to a resident of the state, and, at the time of application for either an original Washington
ORV registration or a renewal of a Washington ORV registration, the resident presents the
following documents issued by the other state: (i) The resident's unexpired driver's license;
and (ii) the current registration or permit for the off-road vehicle;
o Section 3 is amended to read changes to fees charged for registration.
• SB 5016 – Tracked All-Terrain Vehicles – Registration – AN ACT Relating to tracked and wheeled all-
terrain vehicles; amending RCW 46.10.300; adding a new section to chapter 46.04 RCW; adding a new
section to chapter 46.10 RCW; and adding a new section to chapter 46.09 RCW.
o Amendments to include definitions and all-terrain vehicle licensing.
Policy as
appropriate.
16 ESHB 1267 • Office of Independent Investigations – Police Use of Force – Development of a new policy and procedure
regarding the newly created Office of Independent Investigations (within the Office of the Governor) and police
use-of-force incident resulting in potential criminal conduct, with specific department-wide training (in
consultation with WASPC).
• AN ACT Relating to investigation of potential criminal conduct arising from police use of force, including
custodial injuries, and other officer-involved incidents; amending RCW 10.93.020, 39.26.125, and 10.114.011;
adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; creating new sections;
and providing an expiration date.
o New Section 101 – INTENT. The legislature finds that there has been an outpouring of frustration,
anger, and demand for change from many members of the public over the deaths of people of color
resulting from encounters with police. The most recent deaths in the United States and within
Washington are a call to lead our state to a new system for investigating deaths and other serious
incidents involving law enforcement officers. The legislature intends that the office of independent
investigations be created to conduct investigations of use of force and other cases under its
Admin & Training
– Work with
WASPC to provide
input on the
expectations and
investigation
protocol of the new
Office of
Independent
Investigations.
Review Section 308
to learn the
Investigators
responsibilities.
Training – 16 hours
– Review existing
training and amend
as appropriate to
include new
language and
requirements.
July 25, 2021
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jurisdiction in a manner that is competent, unbiased, and thorough. The office will be transparent and
accountable for its work. The office should ensure that it treats all people with dignity and respect. The
director and staff must be qualified and trained to conduct the investigations, including training to
understand the impact and effect of racism in the investigation and use of an antiracist lens to conduct
their work. It is intended that this office will assume responsibility for investigations of serious use of
force incidents and refer the reports on the investigation to the prosecutorial entity to determine if the
action was justified, or if there was criminal action such that criminal charges should be filed. This is
the same criminal investigative inquiry that is currently conducted when there is an officer-involved
incident. The legislature does not intend to create a new type of investigation or that the office should
be involved in any administrative review of conduct or complaints to police agen cies about officer
conduct related to policy or procedure. The process created in this act is intended to change only who
investigates the incident. It does not change the nature of the investigation and involves only an
investigation to determine justification or whether criminal charges are appropriate.
o New Section 201 – DEFINITIONS. The definitions in this section apply throughout this chapter unless
the context clearly requires otherwise.
1) "Advisory board" means the office of independent investigations advisory board.
2) "Deadly force" has the meaning provided in RCW 9A.16.010.
3) "Director" means the director of the office of independent investigations.
4) "Great bodily harm" has the meaning provided in RCW 26 9A.04.110.
5) "In-custody" refers to a person who is under the physical control of a general authority
Washington law enforcement agency or a limited authority Washington law enforcement
agency as defined in RCW 10.93.020 or a city, county, or regional adult or juvenile institution,
correctional, jail, holding, or detention facility as defined in RCW 70.48.020, 72.09.015, or
13.40.020.
6) "Independent investigation team" means a team of qualified and certified peace officer
investigators, civilian crime scene specialists, and other representatives who operate
independently of any involved agency to conduct investigations of police deadly forc e
incidents. An independent investigation team may be comprised of multiple law enforcement
agencies who jointly investigate police use of force incidents in their geographical regions or
may be a single law enforcement agency, provided it is not the involved agency.
7) "Involved agency" means a general authority Washington law enforcement agency or limited
authority Washington law enforcement agency, as defined in RCW 10.93.020, that employs or
supervises the officer or officers who are an involved officer as defined in this section, or an
agency responsible for a city, county, or regional adult or juvenile institution, correctional, jail,
holding, or detention facility as defined in RCW 70.48.020, 72.09.015, or 13.40.020.
8) "Involved officer" means one of the following persons who is involved in an incident as an
actor or custodial officer in which the act or omission by the individual is within the scope of
the jurisdiction of the office as defined in this chapter:
Review Section
401 for agency
responsibilities,
update policy and
procedures.
Review and amend
the UoF Procedure
Manual, Pasco UoF
Model (training
graphic), & Chapter
4 UoF Procedure
Manual as
appropriate.
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a) A general authority Washington peace officer, specially commissioned Washington
peace officer, or limited authority Washington peace officer, as defined in RCW
10.93.020, whether on or off duty if he or she is exercising his or her authority as a
peace officer; or
b) An individual while employed in a city, county, or regional adult or juvenile institution,
correctional, jail, holding, or detention facility as defined in RCW 70.48.020,
72.09.015, or 13.40.020.
9) "Office" means the office of independent investigations.
10) "Substantial bodily harm" has the same meaning as in RCW 9A.04.110.
o New Section 301 – Creation
1) The office of independent investigations is hereby established within the office of the governor
for the purpose of conducting fair, thorough, transparent, and competent investigations as
authorized under this chapter.
2) The office of independent investigations is an investigative law enforcement agency, including
for the purposes of the public records act, chapter 42.56 RCW.
o New Section 302 – Office Powers and Duties – In addition to other responsibilities set forth in this
chapter, the office shall:
1) Conduct fair, thorough, transparent, and competent investigations of police use of force and
other incidents involving law enforcement as authorized in this chapter and shall prioritize
investigations conducted by the office based on resources and other criteria developed in
consultation with the advisory board. The office shall commence investigations as follows:
a) Beginning no later than July 1, 2022, the office is authorized to conduct investigations
of deadly force cases occurring after July 1, 2022, including any incident involving use
of deadly force by an involved officer against or upon a person who is in -custody or
out-of-custody; and
b) Beginning no later than July 1, 2023, the office is authorized to review, and may
investigate, prior investigations of deadly force by an involved officer if new evidence
is brought forth that was not included in the initial investigation.
2) Analyze data available to the office and provide reports and recommendations as appropriate
based on the data regarding issues, trends, and other relevant areas; (3) Provide reports on
activities of the office as authorized under this chapter; and (4) Carry out such other
responsibilities as may be consistent with this chapter.
o New Section 304 – Director
▪ The governor shall appoint the director of the office and determine the director's
compensation. The governor shall select the director from a list of three candidates
recommended by the advisory board unless the governor declines to select any of the
candidates provided. If the governor declines to select a candidate proposed by the advisory
board, the governor may request the advisory board to provide additional qualified nominees
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for consideration or may offer an alternative candidate who may be appointed following
approval by a majority of the advisory board.
• Prior to selecting the director, the governor shall consider the results of a background
check, including an assessment of criminal history, and research of social media and
affiliations to check for racial bias and conflicts of interest.
▪ The director shall hold office for a term of three years and continue to hold office until
reappointed or until his or her successor is appointed. The governor may remove the director
prior to the expiration of the director's term for neglect of duty, misconduct, or inability to
perform duties.
o New Section 304 – Duties of the Director
1) The director shall:
a) Oversee the duties and functions of the office and investigations conducted by the
office pursuant to this chapter;
b) Hire or contract with investigators and other personnel as the director considers
necessary to perform investigations conducted by the office, and other duties as
required, under this chapter;
c) Plan and provide trainings for office personnel, including contracted investigators, that
promote recognition of and respect for, the diverse races, ethnicities, and cultures of
the state;
d) Plan and provide training for advisory board members including training to utilize an
antiracist lens in their duties as advisory board members;
e) Publish reports of investigations conducted under this chapter;
f) Enter into contracts and memoranda of understanding as necessary to implement the
responsibilities of the office under this chapter;
g) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions
necessary and proper to carry out the purposes of this chapter;
h) Develop the nondisclosure agreement required in section 501 of this act; and
i) Perform the duties and exercise the powers that are set out in this chapter, as well as
any additional duties and powers that may be prescribed.
2) No later than February 1, 2022, in consultation with the advisory board, the director shall
develop a plan to implement:
a) Regional investigation teams and a system for promptly responding to incidents of
deadly force under the jurisdiction of the office. The regional investigation teams
should:
i) Allow for prompt response to the incident requiring investigation; and
ii) Include positions for team members who are not required to be designated as
limited authority Washington peace officers;
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b) A system and requirements for involved agencies to notify the office of any incident
under the jurisdiction of the office, which must include direction to agencies as to what
incidents of force and injuries and other circumstances must be reported to the office,
including the timing of such reports, provided that any incident involving substantial
bodily harm, great bodily harm, or death is reported to the office immediately in
accordance with section 402 of this act;
c) The process to conduct investigations of cases under the jurisdiction of the office
including, but not limited to:
i) The office intake process following notification of an incident by an involved
agency;
ii) The assessment and response to the notification of the incident by the office,
including direction to and coordination with the independent investigation
team;
iii) Determination and deployment of necessary resources for the regional
investigation teams to conduct the investigations;
iv) Determination of any conflicts with office investigators or others involved in
the investigation to ensure no investigator has an existing conflict with an
assigned case;
v) Protocol and direction to the involved agency;
vi) Protocol and direction to the independent investigation team;
vii) Protocol and guidelines for contacts and engagement with the involved
agency; and
viii) Protocol for finalizing the completed investigation and referral to the entity
responsible for the prosecutorial decision, including communication with the
family and public regarding the completion of the investigation;
d) A plan for the office's interaction, communications, and responsibilities to: The
involved officer; the individual who is the subject of the action by the involved officer
that is the basis of the case under investigation, and their families; the public; and
other interested parties or stakeholders. The plan must consider the following:
i) A process for consultation, notifications, and communications with the person,
family, or representative of any person who is the subject of the action by the
involved officer that is the basis of the case under investigation;
ii) Translation services which may be utilized through employe es or contracted
services;
iii) Support to access assistance or services to the extent possible; and
iv) A process for situations in which a tribal member is involved in the case that
ensures consultation with the federally recognized tribe, and notification of t he
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governor's office of Indian affairs within 24 hours in cases of deadly use of
force;
e) Training for employees and contractors of the office to begin prior to July 1, 2022; and
f) Prioritization of cases for investigation.
3) No later than December 1, 2023, in consultation with the advisory board, the director shall
develop a proposal for training individuals who are nonlaw enforcement officers to conduct
competent, thorough investigations of cases under the jurisdiction of the office. The proposal
must establish a training plan with an objective that within five years of the date the office
begins investigating deadly force cases the cases will be investigated by nonlaw enforcement
officers. The director shall report such proposal to the governor and legislature by December
1, 2023. Any proposal offered by the director must ensure investigations are high quality,
thorough, and competent.
4) The director, in consultation with the advisory board, shall implement a plan to review pri or
investigations of deadly force by an involved officer if new evidence is brought forth that was
not included in the initial investigation and investigate if determined appropriate based on the
review. The director must prioritize the review or investigation of cases occurring prior to July
1, 2022, based on resources and other cases under investigation with the office.
o New Section 305 – Personnel
1) The director may employ, or enter into contracts with personnel as he or she determines
necessary for the proper discharge of his or her duties. The director must request input from
the advisory board on the hiring process and hiring goals, including diver sity.
2) The director may employ or enter into contracts with investigators to conduct investigations of
cases under the jurisdiction of the office.
a) The director shall consider the relevant experience and qualifications of the candidate
including the extent to which he or she demonstrates experience or understanding of
the following areas:
i) Extensive experience with criminal investigations, including homicide
investigations;
ii) Behavioral health issues;
iii) Youth cognitive development;
iv) Trauma-informed interviewing;
v) De-escalation techniques and utilization; and
vi) Knowledge of Washington practices, including laws, policies, and procedures
related to criminal law, criminal investigations, and policing.
b) The director shall consider the following prior to employing an investigator:
i) The investigators should not be commissioned law enforcement officers
employed with any law enforcement agency as a peace officer at the time of
application with the office.
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A) If the individual considered for a position as an investigator was a
prior law enforcement officer, the director must conduct a review of
prior disciplinary actions or complaints related to bias.
B) The individual should not have been a commissioned law
enforcement officer within 24 months of the date of the application for
service as an investigator; and
ii) The results of a background check that includes research of social media and
affiliations to check for racial bias and conflicts of interest.
c) Investigators employed or contracted with the office are prohibited from being
simultaneously employed, commissioned, or have any business relationship, other
than through the work of the office, with a general authority or limited authority
Washington law enforcement agency, or county or city corrections agency.
d) The director may not employ an individual who was a previously commissioned law
enforcement officer who does not meet the criteria of this section without the approval
of a majority of the advisory board.
3) The director may employ or enter into contracts for services to provide additional personnel as
needed to conduct investigations of cases under the jurisdiction of the office including, but not
limited to, the following:
a) Forensic services and crime scene investigators;
b) Liaisons for community, family, and relations with a federally recognized tribe;
c) Analysts, including analysts to conduct evaluations on use of force data;
d) Mental health experts;
e) Bilingual staff, translators, or interpreters;
f) Other experts as needed; and
g) All staffing and other needs for the office.
4) The director shall ensure the following training is provided staff and that there is a regular
schedule for additional trainings during the course of employment:
a) The director shall ensure that the director and staff involved in investigations,
including any contracted investigators, engage in trainings that include the following
areas. A training may include more than one of the following areas per training. A
separate training course is not required for each topic.
i) History of racism in policing, including tribal sovereignty history of Native
Americans within the justice system;
ii) Implicit and explicit bias training;
iii) Intercultural competency;
iv) The use of a racial equity lens in conducting the work of office;
v) Antiracism training; and
vi) Undoing institutional racism.
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b) The director shall ensure that investigators engage in the following training. A training
may include more than one of the following areas per training. A separate training
course is not required for each topic.
i) Criminal investigations, including homicide investigations as appropriate for
the assigned positions;
ii) Washington practices, including Washington laws and policies, as well as
relevant policing practices as appropriate;
iii) Interviewing techniques; and
iv) Other relevant trainings as needed.
o New Section 306 – Investigators
1) The director shall designate investigator positions that are limited authority Washington peace
officers as defined in RCW 10.93.020. The investigators designated as limited authority
Washington peace officers have the authority to investigate any case within the jurisdiction of
the office and any criminal activity related to, or discovered in the course of the investigation
of the case under the jurisdiction of the incident that has a relationship to the investigation .
2) Any investigator employed or contracted with the office for the purpose of conducting
investigations may participate in the investigations of a case under the jurisdiction of the
office. Only investigators who are limited authority Washington peace officers may be
designated a lead investigator on any criminal investigation conducted by the office pursuant
to this chapter.
o Section 307 – amending RCW 10.93.020 and 2006 c 284 s 16:
▪ As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
1. "General authority Washington law enforcement agency" means any agency,
department, or division of a municipal corporation, political subdivision, or other unit of
local government of this state, and any agency, department, or division of state
government, having as its primary function the detection and apprehension of
persons committing infractions or violating the traffic or criminal laws in general, as
distinguished from a limited authority Washington law enforcement agency, and any
other unit of government expressly designated by statute as a general authority
Washington law enforcement agency. The Washington state patrol and the
department of fish and wildlife are general authority Washington law enforcement
agencies.
2. "Limited authority Washington law enforcement agency" means any agency, political
subdivision, or unit of local government of this state, and any agency, department, or
division of state government, having as one of its functions the apprehension or
detection of persons committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the state departments of
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natural resources and social and health services, the state gambling commission, the
state lottery commission, the state parks and recreation commission, the state utilities
and transportation commission, the state liquor ((control)) and cannabis board, the
office of the insurance commissioner, ((and)) the state department of corrections, and
the office of independent investigations.
3. "General authority Washington peace officer" means any full-time, fully compensated
and elected, appointed, or employed officer of a general authority Washington law
enforcement agency who is commissioned to enforce the criminal laws of the state of
Washington generally.
4. "Limited authority Washington peace officer" means any full-time, fully compensated
officer of a limited authority Washington law enforcement agency empowered by that
agency to detect or apprehend violators of the laws in some or all of the limited
subject areas for which that agency is responsible. A limited au thority Washington
peace officer may be a specially commissioned Washington peace officer if otherwise
qualified for such status under this chapter.
5. "Specially commissioned Washington peace officer", for the purposes of this chapter,
means any officer, whether part-time or full-time, compensated or not, commissioned
by a general authority Washington law enforcement agency to enforce some or all of
the criminal laws of the state of Washington, who does not qualify under this chapter
as a general authority Washington peace officer for that commissioning agency,
specifically including reserve peace officers, and specially commissioned full-time,
fully compensated peace officers duly commissioned by the states of Oregon or Idaho
or any such peace officer commissioned by a unit of local government of Oregon or
Idaho. A reserve peace officer is an individual who is an officer of a Washington law
enforcement agency who does not serve such agency on a full-time basis but who,
when called by the agency into active service, is fully commissioned on the same
basis as full-time peace officers to enforce the criminal laws of the state.
6. "Federal peace officer" means any employee or agent of the United States
government who has the authority to carry firearms and make warr antless arrests and
whose duties involve the enforcement of criminal laws of the United States.
7. "Agency with primary territorial jurisdiction" means a city or town police agency which
has responsibility for police activity within its boundaries; or a coun ty police or sheriff's
department which has responsibility with regard to police activity in the
unincorporated areas within the county boundaries; or a statutorily authorized port
district police agency or four-year state college or university police agency which has
responsibility for police activity within the statutorily authorized enforcement
boundaries of the port district, state college, or university.
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8. "Primary commissioning agency" means (a) the employing agency in the case of a
general authority Washington peace officer, a limited authority Washington peace
officer, ((an Indian)) a tribal peace officer from a federally recognized tribe, or a
federal peace officer, and (b) the commissioning agency in the case of a specially
commissioned Washington peace officer (i) who is performing functions within the
course and scope of the special commission and (ii) who is not also a general
authority Washington peace officer, a limited authority Washington peace officer, ((an
Indian)) a tribal peace officer from a federally recognized tribe, or a federal peace
officer.
9. "Primary function of an agency" means that function to which greater than fifty percent
of the agency's resources are allocated.
10. "Mutual law enforcement assistance" includes, but is not limited to, one or more law
enforcement agencies aiding or assisting one or more other such agencies through
loans or exchanges of personnel or of material resources, for law enforcement
purposes.
o New Section 308 – Investigations – Duties and Powers
▪ The office has jurisdiction over, and is authorized to conduct investigations of, all cases and
incidents as established within this section.
▪ The director may cause an investigation to be conducted into any incident:
i) Of a use of deadly force by an involved officer occurring after July 1, 2022, including
any incident involving use of deadly force by an involved officer against or upon a
person who is in- custody or out-of-custody; or
ii) Involving prior investigations of deadly force by an involved offic er if new evidence is
brought forth that was not included in the initial investigation.
▪ This section applies only if, at the time of the incident:
i) The involved officer was on duty; or
ii) The involved officer was off duty but:
A. Engaged in the investigation, pursuit, detention, or arrest of a person or
otherwise exercising the powers of a general authority or limited authority
Washington peace officer; or
B. The incident involved equipment or other property issued to the official in
relation to his or her duties.
▪ The director shall determine prioritization of investigations based on resources and other
criteria which may be established in consultation with the advisory board. The director shall
ensure that incidents occurring after the date the office begins investigating cases receive the
highest priority for investigation.
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▪ The investigation should include a review of the entire incident, including but not limited to
events immediately preceding the incident that may have contributed to or influenced the
outcome of the incident that are directly related to the incident under investigation.
▪ Upon receiving notification required in section 402 of this act of an incident under the
jurisdiction of the office, the director:
• May cause the incident to be investigated in accordance with this chapter;
• May determine investigation is not appropriate for reasons including, but not limited
to, the case not being in the category of prioritized cases; or
• If the director determines that the incident is not within the office's jurisdiction to
investigate, the director shall decline to investigate, and shall give notice of the fact to
the involved agency.
▪ If the director determines the case is to be investigated the director will communicate the
decision to investigate to the involved agency and will thereafter be the lead investigative
body in the case and have priority over any other state or local agency investigating the
incident or a case that is under the jurisdiction of the office. The director will implement the
process developed pursuant to section 304 of this act and conduct the appropriate
investigation in accordance with the process.
▪ In conducting the investigation the office shall have access to reports and information
necessary or related to the investigation in the custody and control of the involved agency and
any law enforcement agency responding to the scene of the incident including, but not limited
to, voice or video recordings, body camera recordings, and officer notes, as well as
disciplinary and administrative records except those that might be statements conducted as
part of an administrative investigation related to the incident.
▪ The investigation shall be concluded within 120 days of acceptance of the case for
investigation. If the office is not able to complete the investigation within 120 days, the director
shall report to the advisory board the reasons for the delay.
o New Section 310 – Data and Research – The office will conduct analysis of use of force and other
data to the extent such data is available to the office. The director is authorized to enter into contracts
or memoranda of understanding to access data as needed. If data is available, the office should, at a
minimum, analyze and report annually: Analysis and research regarding any identified trends,
patterns, or other situations identified by the data; and recommendations for improvements. After July
1, 2024, the office should also annually report recommendations, if any, for expanding the scope of
investigations or jurisdiction of the office based on trends, data, or reports received by the agency.
o New Section 311 – Liability – No action or other proceeding may be instituted against the director,
an investigator, or an employee or contractor in the office or a person exercising powers or perfo rming
duties at the direction of the director for any act done in good faith in the execution or intended
execution of the person's duty or for any alleged neglect or default in the execution in good faith of the
person's duty.
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o New Section 312 – to add a section to Chapter 41.06 RCW In addition to the exemptions set forth in
RCW 41.06.070, the provisions of this chapter do not apply in the office of independent investigations
to the director, to one confidential secretary, and to any deputy or regional direct ors, if any.
o Section 313 – amend RCW 39.26.125 as follows: All contracts must be entered into pursuant to
competitive solicitation, except for:
1. Emergency contracts;
2. Sole source contracts that comply with the provisions of RCW 39.26.140;
3. Direct buy purchases, as designated by the director. The director shall establish policies to
define criteria for direct buy purchases. These criteria may be adjusted to accommodate
special market conditions and to promote market diversity for the benefit of the citizens of the
state of Washington;
4. Purchases involving special facilities, services, or market conditions, in which insta nces of
direct negotiation is in the best interest of the state;
5. Purchases from master contracts established by the department or an agency authorized by
the department;
6. Client services contracts;
7. Other specific contracts or classes or groups of contracts exempted from the competitive
solicitation process when the director determines that a competitive solicitation process is not
appropriate or cost-effective;
8. Off-contract purchases of Washington grown food when such food is not available from
Washington sources through an existing contract. However, Washington grown food
purchased under this subsection must be of an equivalent or better quality than similar food
available through the contract and must be able to be paid from the agency's existing budget.
This requirement also applies to purchases and contracts for purchases executed by state
agencies, including institutions of higher education as defined in RCW 28B.10.016, under
delegated authority granted in accordance with this chapter or under RCW 28B.10.029;
9. Contracts awarded to companies that furnish a service where the tariff is established by the
utilities and transportation commission or other public entity;
10. Intergovernmental agreements awarded to any governmental entity, whether federal, state, or
local and any department, division, or subdivision thereof;
11. Contracts for services that are necessary to the conduct of collaborative research if the use of
a specific contractor is mandated by the funding source as a condition of granting funds;
12. Contracts for architectural and engineering services as defined in RCW 39.80.020, which
shall be entered into under chapter 39.80 RCW;
13. Contracts for the employment of expert witnesses for the purposes of litigation; ((and))
14. Contracts for bank supervision authorized under RCW ((30.38.040)) 30A.38.040; and
15. Contracts for investigators awarded by the office of independent investigations as authorized
under section 304 of this act.
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• Duty of Involved Agency
o Section 401- RCW 10.114.011 amended as follows: Except as required by federal consent decree,
federal settlement agreement, or federal court order, where the use of deadly force by a peace officer
results in death, substantial bodily harm, or great bodily harm, an independent investigation must be
completed to inform any determination of whether the use of deadly force met the good faith standard
established in RCW 9A.16.040 and satisfied other applicable laws and policies. The investigation
must be completely independent of the agency whose officer was involved in the use of deadly force
and conducted in accordance with chapter 43. RCW (the new chapter created in section 601 of this
act). ((The)) Any rules adopted by the criminal justice training commission must ((adopt rules
establishing criteria to determine what qualifies as an independent investigation pursuant to this
section)) be consistent with chapter 43. RCW (the new chapter created in section 601 of this act).
o New Section 402 – Notification of Director and Securing the Scene
▪ Following notification by the director that the office will accept investigations of cases under it s
jurisdiction after July 1, 2022, an involved agency shall notify the office of any incident by an
involved officer in accordance with the requirements under section 304 of this act and
pursuant to this section.
• If the incident involves use of deadly force by an involved officer that results in death,
substantial bodily harm, or great bodily harm the involved agency must immediately
contact the office pursuant to the procedure established by the director once the
involved agency personnel and other first responders have rendered the scene safe
and provided or facilitated lifesaving first aid to persons at the scene who have life-
threatening injuries. This requirement does not affect the duty of law enforcement
under RCW 36.28A.445.
• In all other cases, the involved agency must notify the office of the incident pursuant
to the procedure established by the director.
▪ In any case that requires notice to the director under this section, the involved agency shall
ensure that any officers or employees over which the involved agency has authority who are at
the scene of the incident take all lawful measures necessary for the purposes of protecting,
obtaining, or preserving evidence relating to the incident until an office investigator, or
independent investigation team at the request of the office, takes charge of the scene.
▪ The primary focus of the involved agency must be the protection and preservation of ev idence in
order to maintain the integrity of the scene until the office investigator or independent investigation
team arrives or otherwise provides direction regarding activities at the scene. The involved agency
should ensure that evidence, including but not limited to the following is protected and preserved:
• Physical evidence that is at risk of being destroyed or disappearing and cannot be
easily reconstructed, including evidence which may be degraded or tainted by human
or environmental factors if left unprotected or unpreserved;
• Identification and contact information for witnesses to the incident; and
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• Photographs and other methods of documenting the location of physical evidence
and location and perspective of witnesses.
▪ When the office investigator, or independent investigation team acting at the request of the office,
arrives at the scene of an incident under the jurisdiction of the office, the involved agency will
relinquish control of the scene to the office investigator or independent investigation team upon
the request of the office investigator. The involved agency has a duty to comply with the requests
of the office related to the investigation conducted pursuant to this chapter.
▪ Once the scene is relinquished, no member of the involved agen cy may participate in any way in
the investigation, with the exception of the use of specialized equipment that is necessary for the
investigation and where no alternative exists. If there is any equipment of the involved agency
used in the investigation, steps must be taken to appropriately limit the role of any involved
agency personnel in facilitating the use of that equipment or their engagement with the
investigation.
▪ If an independent investigation team takes control of the scene at the request of the office, the
independent investigation team shall relinquish control of the scene and investigation at the
request of the office when the office is on the scene or otherwise provides notice that the office is
taking control of the scene. The independent investigation team may continue to engage in the
investigation conducted at the scene if requested to do so by the lead office investigator, director,
or the director's designee. The involvement of the independent investigation team is limited to
activities requested by the office and must terminate following the securing of the scene and any
evidence preservation or other actions as determined necessary by the office at the scene. The
independent investigation team may not continue to participate in the ongoing investigation.
▪ No information about the ongoing independent investigation under the jurisdiction of the office
may be shared with any member of the involved agency, except limited briefings given to the chief
or sheriff of the involved agency about the progress of the investigation.
▪ (6) If the office declines to investigate a case, the authority and duty to investigate remains with
the independent investigation team or local law enforcement authority with jurisdiction over the
incident.
• Office of Independent Investigations Advisory Board
o New Section 501 – Membership and Duties
1) There is created the office of independent investigations advisory board.
a) The advisory board shall consist of the following 11 members, appointed by the
governor, one of whom the governor shall designate as chair:
i) Three members of the general public representing the community who are
not current or former law enforcement, with preference given to individuals
representing diverse communities;
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ii) One member of the general public representing a family impacted by an
incident of the nature under the jurisdiction of the office, who is not current or
former law enforcement;
iii) One member representing a federally recognized tribe in Washington, who is
not current or former law enforcement;
iv) One defense attorney representative;
v) One prosecuting attorney representative;
vi) One representative of a police officer labor association with experience in
homicide investigations;
vii) One sheriff or police chief who is also a member of an independent
investigation team;
viii) One credentialed mental health expert who is not current or former law
enforcement; and
ix) One member of the criminal justice training commission.
b) The members of the advisory board appointed by the governor shall be appointed for
terms of three years and until their successors are appointed and confirmed. The
governor shall stagger the initial appointment terms of the advisory board members
with the terms of five members being for two years from the date of appointment and
six members being for three years from the date of appointment. The governor shall
designate the appointees who will serve the two-year and three-year terms. The
members of the advisory board serve without compensation, but must be reimbursed
for travel expenses as provided in RCW 43.03.050 and 43.03.060.
c) The governor, when making appointments to the advisory board, shall make
appointments that reflect the cultural diversity of the state of Washington.
2) The purpose of the advisory board is to provide input to the office and shall:
a) Provide input to the governor on the selection of the director, including providing
candidates for consideration for appointment for the position of director. If the
governor requests additional candidates for consideration, the advisory board shall
provide additional candidates to the governor. If the governor provides an alternative
candidate, the advisory board must consider the candidate provided by the governor
and vote on the approval or rejection of the candidate.
i) The advisory board shall recommend candidates to the governor who they
find are individuals with sound judgment, independence, objectivity, and
integrity who will be viewed as a trustworthy director.
ii) The director must have experience either in conducting criminal investigations
or prosecutions. The advisory board shall consider the relevant experience
and qualifications of the candidate including the extent to which they
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demonstrate experience or demonstrated understanding of the following
areas:
A) Criminal investigations;
B) Organizational leadership;
C) Mental health issues;
D) Trauma-informed interviewing;
E) Community leadership;
F) Legal experience or background;
G) Anti-oppression and antiracist analysis and addressing systemic
inequities; and
H) Working with black, indigenous, and communities of color;
b) Provide input to the director on the plans required to be developed for the office
including the regional investigation teams; staffing; training for personnel; procedures
for engagement with individuals involved in any case under the jurisdiction of the
office, as well as families and the community; recommendations to the legislature;
and other input as requested by the governor or director;
c) Participate in employment interviews as requested by the governor or director; and
d) Receive briefings or reports from the director relating to data, trends, and other
relevant issues, as well as cases under investigation to the extent permitted by law.
3) Advisory board members have a duty to maintain the confidentiality of the information they
receive during the course of their work on the advisory board. Each advisory board member
shall agree in writing to not disclose any information they receive or otherwise access related
to an investigation, including information about individuals involved in the investigation as
involved officers, individuals who are the subject of police action, witnesses, and
investigators.
4) Advisory board members must complete training to utilize an antiracist lens in their duties as
advisory board members.
5) The office shall provide administrative and clerical assistance to the advisory board.
o New Section 502 – Report
1) In consultation with the director, the advisory board shall assess whether the jurisdiction of the
office should be expanded to conduct investigations of other types of incidents committed by
involved officers, including but not limited to other types of in-custody deaths not involving use
of force but otherwise involving criminal acts committed by involved officers as well as sexual
assaults committed by involved officers, subject to the same standard under section 308(2)(b)
of this act. The advisory board must consider available data and information on other types of
in-custody deaths not involving use of force but otherwise involving criminal acts committed
by involved officers as well as other types of incidents, the capacity and resources of the
office, and any modifications or additions to procedures and processes necessary for the
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office to conduct investigations of those incidents. The advisory board must consider the
recommendations and counsel of the director when conducting the assessment under this
section.
2) At the request of the advisory board, the office shall conduct analysis of available data,
including identified trends and patterns, and other information relevant to in -custody deaths
involving criminal acts committed by involved officers, sexual assaults committed by involved
officers, and other types of incidents as requested by the advisory board.
3) The advisory board shall submit a report with related recommendations to the legislature and
governor by November 1, 2023.
4) For the purposes of this section, "in-custody death" means a death of an individual while
under physical control of a general authority Washington law enforcement agency or a limited
authority Washington law enforcement agency as defined in RCW 10.93.020 or a city, county,
or regional adult or juvenile institution, correctional, jail, holding, or detention facility as defined
in RCW 70.48.020, 72.09.015, or 13.40.020.
5) This section expires July 1, 2024.
o New Section 601 – Codification – Sections 201 through 306, 308 through 311, 402, 501, and 502 of
this act constitute a new chapter in Title 43 RCW.
o New Section 602 – Severability – If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
o New Section 603 – Subject to Appropriation – If specific funding for the purposes of this act,
referencing this act by bill or chapter number, is not provided by June 30, 2021, in the omnibus
appropriations act, this act is null and void.
17 E2SHB 1310
E2SSB 5259
Law
Enforcement
Data
• Law Enforcement and Correctional Officers – Permissible Use of Force – AN ACT Relating to
permissible uses of force by law enforcement and correctional officers; amending RCW 43.101.450; adding a
new section to chapter 43.101 RCW; adding a new chapter to Title 10 RCW; creating new sections; and
repealing RCW 10.31.050.
• [Revise existing policy to be congruent with the new use of force requirements and new model policy
developed by the Attorney General’s Office in consultation with WASPC and CJTC].
o New Section 1 – The legislature recognizes that additional clarity is necessary following the passage
of Initiative Measure No. 940 (chapter 1, Laws of 2019) and Substitute House Bill No. 1064 (chapter 4,
Laws of 2019). The legislature intends to address excessive force and discriminatory policing by
establishing a requirement for law enforcement and community corrections officers to act with
reasonable care when carrying out their duties, including using de-escalation tactics and alternatives
to deadly force. Further, the legislature intends to address public safety concerns by limiting the use of
deadly force to very narrow circumstances where there is an imminent threat of serious physical injury
or death. It is the intent of the legislature that when practicable, peace officers will use the least
Admin & Training
[see HB1267]
Review and amend
the UoF Procedure
Manual, Pasco UoF
Model (training
graphic), & Chapter
4 UoF Procedure
Manual as
appropriate.
Training – 7.5
hours – Update
existing UoF training
to include updates
from this section.
Ensure policy and
training are
congruent.
July 25, 2021
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amount of physical force necessary to overcome actual resistance under the c ircumstances. It is the
fundamental duty of law enforcement to preserve and protect all human life.
o New Section 2 – Definitions – The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
▪ "Law enforcement agency" includes any "general authority Washington law enforcement
agency" and any "limited authority Washington law enforcement agency" as those terms are
defined in RCW 10.93.020.
▪ "Less lethal alternatives" include, but are not limited to, verbal warnings, de -escalation tactics,
conducted energy weapons, devices that deploy oleoresin capsicum, batons, and beanbag
rounds.
▪ "Peace officer" includes any "general authority Washington peace officer," "limited authority
Washington peace officer," and "specially commissioned Washington peace officer" as those
terms are defined in RCW 10.93.020; however, "peace officer" does not include any
corrections officer or other employee of a jail, correctional, or detention facility, but does
include any community corrections officer.
o New Section 3
▪ Except as otherwise provided under this section, a peace officer may use physical force
against a person when necessary to: Protect against criminal cond uct where there is probable
cause to make an arrest; effect an arrest; prevent an escape as defined under chapter 9A.76
RCW; or protect against an imminent threat of bodily injury to the peace officer, another
person, or the person against whom force is being used.
▪ A peace officer may use deadly force against another person only when necessary to protect
against an imminent threat of serious physical injury or death to the officer or anothe r person.
For purposes of this subsection:
• "Imminent threat of serious physical injury or death" means that, based on the totality
of the circumstances, it is objectively reasonable to believe that a person has the
present and apparent ability, opportunity, and intent to immediately cause death or
serious bodily injury to the peace officer or another person.
• "Necessary" means that, under the totality of the circumstances, a reasonably
effective alternative to the use of deadly force does not exist, and that the amount of
force used was a reasonable and proportional response to the threat posed to the
officer and others.
• "Totality of the circumstances" means all facts known to the peace officer leading up
to and at the time of the use of force and includes the actions of the person against
whom the peace officer uses such force, and the actions of the peace officer.
▪ A peace officer shall use reasonable care when determining whether to use physical force
and when using any physical force against another per son. To that end, a peace officer shall:
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• When possible, exhaust available and appropriate de-escalation tactics prior to using
any physical force, such as: Creating physical distance by employing tactical
repositioning and repositioning as often as necessary to maintain the benefit of time,
distance, and cover; when there are multiple officers, designating one officer to
communicate in order to avoid competing commands; calling for additional resources
such as a crisis intervention team or mental health professional when possible; calling
for back-up officers when encountering resistance; taking as much time as necessary,
without using physical force or weapons; and leaving the area if there is no threat of
imminent harm and no crime has been committed, is being committed, or is about to
be committed;
• When using physical force, use the least amount of physical force necessary to
overcome resistance under the circumstances. This includes a consideration of the
characteristics and conditions of a person for the purposes of determining whether to
use force against that person and, if force is necessary, determining the appropriate
and least amount of force possible to affect a lawful purpose. Such characteristics
and conditions may include, for example, whether the person: Is visibly pregnant, or
states that they are pregnant; is known to be a minor, objectively appears to be a
minor, or states that they are a minor; is known to be a vulnerable adult, or objectively
appears to be a vulnerable adult as defined in RCW 74.34.020; displays signs of
mental, behavioral, or physical impairments or disabilities; is experiencing perceptual
or cognitive impairments typically related to the use of alcohol, narcotics,
hallucinogens, or other drugs; is suicidal; has limited English proficiency; or is in the
presence of children;
• Terminate the use of physical force as soon as the necessity for such force ends;
• When possible, use available and appropriate less lethal alternatives before using
deadly force; and
• Make less lethal alternatives issued to the officer reasonably available for their use.
▪ A peace officer may not use any force tactics prohibited by applicable departmental policy,
this chapter, or otherwise by law, except to protect his or her life or the life of another person
from an imminent threat.
▪ Nothing in this section prevents a law enforcement agency or political subdivision of this state
from adopting policies or standards with additional requirements for de-escalation and greater
restrictions on the use of physical and deadly force than provided in this s ection.
o New Section 4
▪ By July 1, 2022, the attorney general shall develop and publish model policies on law
enforcement's use of force and de-escalation tactics consistent with section 3 of this act.
▪ By December 1, 2022, all law enforcement agencies shall: Adopt policies consistent with the
model policies and submit copies of the applicable policies to the attorney general; or, if the
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agency did not adopt policies consistent with the model policies, provide notice to the attorney
general stating the reasons for any departures from the model policies and an explanation of
how the agency's policies are consistent with section 3 of this act, including a copy of the
agency's relevant policies. After December 1, 2022, whenever a law enforcement agency
modifies or repeals any policies pertaining to the use of force or de-escalation tactics, the
agency shall submit notice of such action with copies of any relevant policies to the attorney
general within 60 days.
▪ By December 31st of each year, the attorney general shall publish on its website a report on
the requirements of this section, including copies of the model policies, information as to the
status of individual agencies' policies, and copies of any agency policies departing from the
model policies.
o New Section 5 – A new section is added to chapter 43.101 RCW to read as follows:
▪ The basic training provided to criminal justice personnel by the commission must be
consistent with the standards in section 3 of this act and the model policies established by the
attorney general under section 4 of this act.
o Section 6 – RCW 43.101.450 and 2019 c 1 s 3 (Initiative Measure No. 940) are each amended to
read as follows:
▪ Beginning one year after December 6, 2018, all law enforcement officers in the state of
Washington must receive violence de-escalation training. Law enforcement officers beginning
employment after December 6, 2018, must successfully complete such training within the first
((fifteen))15 months of employment. The commission shall set the date by which other law
enforcement officers must successfully complete such training.
▪ All law enforcement officers shall periodically receive continuing violence de-escalation
training to practice their skills, update their knowledge and training, and learn about new legal
requirements and violence de-escalation strategies.
▪ The commission shall set training requirements through the procedures in RCW 43.101.455.
▪ Violence de-escalation training provided under this section must be consistent with section 3
of this act and the model policies established by th e attorney general under section 4 of this
act.
▪ The commission shall submit a report to the legislature and the governor by January 1st and
July 1st of each year on the implementation of and compliance with subsections (1) and (2) of
this section. The report must include data on compliance by agencies and officers. The report
may also include recommendations for any changes to laws and policies necessary to
improve compliance with subsections (1) and (2) of this section.
o New Section 7 – RCW 10.31.050 (Officer may use force) and 2010 c 8 s 1031, Code 1881 s 1031,
1873 p 229 s 211, & 1854 p 114 s 75 are each repealed.
o New Section 8 – Sections 2 through 4 of this act constitute a new chapter in Title 10 RCW.
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o New Section 9 – If specific funding for the purposes of this act, referencing this act by bill or chapter
number, is not provided by June 30, 2021, in the omnibus appropriations act, this act is null and void.
18 HB 1315 • Domestic violence Workplace Resource – Task Force – [Be aware of the development of the new
Domestic Violence Workplace Task Force.] – AN ACT Relating to creating a task force to identify the role of
the workplace in helping curb domestic violence; creating new sections; and providing expiration dates.
Admin – For
situational
awareness
N/A July 25, 2021
19 E2SHB 1320 • New Section (among others) 46 – Firearms and Disposal – Extreme Risk Protection Order – FIREARMS
RETURN AND DISPOSAL-EXTREME RISK PROTECTION ORDERS.
1. If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency
holding any firearm that has been surrendered pursuant to this chapter shall return any surrendered
firearm requested by a respondent only after confirming, through a background check, that the
respondent is currently eligible to own or possess firearms under federal and state law, and after
confirming with the court that the extreme risk protection order has terminated or has expired without
renewal.
2. A law enforcement agency must, if requested, provide prior notice of the return of a firearm to a
respondent to family or household members and to an intimate partner of the respondent in the
manner provided in RCW 9.41.340 and 9.41.345.
3. Any firearm surrendered by a respondent pursuant to section 45 of this act that remains unclaimed by
the lawful owner shall be disposed of in accordance with the law enforcement agency's policies and
procedures for the disposal of firearms in police custody.
Admin/Training –
Review and amend
the Court Order
Surrendering of
Firearm(s) and
Other Dangerous
Weapons
Procedure as
appropriate.
Training – 1 hour –
Ensure training
exists to support the
returning of firearms
collected in
accordance with this
section.
July 1, 2022—
Except for sections
12, 16, 18, 25, and
36, which take
effect July 25, 2021
20 E2SHB 1477 • National 988 System – AN ACT Relating to the implementation of the national 988 system to enhance and
expand behavioral health crisis response and suicide prevention services statewide by imposing an excise tax
on certain telecommunications services; amending RCW 71.24.649; reenacting and amending RCW
71.24.025 and 71.24.025; adding new sections to chapter 71.24 RCW; adding a new section to chapter 48.43
RCW; adding a new section to chapter 43.06 RCW; adding a new chapter to Title 82 RCW; creating a new
section; prescribing penalties; making appropriations; providing effective dates; providing expiration dates; and
declaring an emergency.
• Crisis Call Center Hubs and Crisis Services
o New Section 101
1) The legislature finds that:
a) Nearly 6,000 Washington adults and children died by suicide in the last five years,
according to the federal centers for disease control and prevention, tragically
reflecting a state increase of 36 percent in the last 10 years.
b) Suicide is now the single leading cause of death for Washington young people ages
10 through 24, with total deaths 22 percent higher than for vehicle crashes.
c) Groups with suicide rates higher than the general population include veterans,
American Indians/Alaska Natives, LGBTQ youth, and people living in rural counties
across the state.
Admin/Training –
Become familiar
with the
establishment of
Washington State’s
988 System (mental
health crisis and
suicide calls) and
the establishment of
a state crisis call
center hubs to
expand the
response system to
save lives and
addressing mental
health and
substance abuse
treatment. Develop
training on
Training – 0.5
hours – Provide a
brief overview of the
National 988 System
and how it will apply
to commissioned
officers.
July 25, 2021—
Except for section
103, which takes
effect May 13,
2021; sections 201
through 205, which
take effect October
1, 2021; and section
402, which takes
effect July 1, 2022
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d) More than one in five Washington residents are currently living with a behavioral
health disorder.
e) The COVID-19 pandemic has increased stressors and substance use among
Washington residents.
f) An improved crisis response system will reduce reliance on emergency room services
and the use of law enforcement response to behavioral health crises a nd will stabilize
individuals in the community whenever possible.
g) To accomplish effective crisis response and suicide prevention, Washington state
must continue its integrated approach to address mental health and substance use
disorder in tandem under the umbrella of behavioral health disorders, consistently
with chapter 71.24 RCW and the state's approach to integrated health care. This is
particularly true in the domain of suicide prevention, because of the prevalence of
substance use as both a risk factor and means for suicide.
2) The legislature intends to:
a) Establish crisis call center hubs and expand the crisis response system in a
deliberate, phased approach that includes the involvement of partners from a range of
perspectives to:
i) Save lives by improving the quality of and access to behavioral health crisis
services;
ii) Further equity in addressing mental health and substance use treatment and
assure a culturally and linguistically competent response to behavioral health
crises;
iii) Recognize that, historically, crisis response placed marginalized
communities, including those experiencing behavioral health crises, at
disproportionate risk of poor outcomes and criminal justice involvement;
iv) Comply with the national suicide hotline designation act of 2020 and the
federal communications commission's rules adopted July 16, 2020, to assure
that all Washington residents receive a consistent and effective level of 988
suicide prevention and other behavioral health crisis response and suicide
prevention services no matter where they live, work, or travel in the state; and
v) Provide higher quality support for people experiencing behavioral health
crises through investment in new technology to create a crisis call center hub
system to triage calls and link individuals to follow-up care.
b) Make additional investments to enhance the crisis response system, including the
expansion of crisis teams, to be known as mobile rapid response crisis teams, and
deployment of a wide array of crisis stabilization services, such as 23-hour crisis
stabilization units based on the living room model, crisis stabilization centers, short-
term respite facilities, peer-run respite centers, and same-day walk-in behavioral
responding to such
calls for service.
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health services. The overall crisis system shall contain components that operate like
hospital emergency departments that accept all walk-ins and ambulance, fire, and
police drop-offs. Certified peer counselors as well as peers in other roles providing
support must be incorporated within the crisis system and along the continuum of
crisis care.
o New Section 102 – A new section is added to chapter 71.24 to read as follows:
1) Establishing the state crisis call center hubs and enhancing the crisis response system will
require collaborative work between the department and the authority within their respective
roles. The department shall have primary responsibility for establishin g and designating the
crisis call center hubs. The authority shall have primary responsibility for developing and
implementing the crisis response system and services to support the work of the crisis call
center hubs. In any instance in which one agency is identified as the lead, the expectation is
that agency will be communicating and collaborating with the other to ensure seamless,
continuous, and effective service delivery within the statewide crisis response system.
2) The department shall provide adequate funding for the state's crisis call centers to meet an
expected increase in the use of the call centers based on the implementation of the 988-crisis
hotline. The funding level shall be established at a level anticipated to achieve an in -state call
response rate of at least 90 percent by July 22, 2022. The funding level shall be determined
by considering standards and cost per call predictions provided by the administrator of the
national suicide prevention lifeline, call volume predictions, guidance on crisis call center
performance metrics, and necessary technology upgrades.
3) The department shall adopt rules by July 1, 2023, to establish standards for designation of
crisis call centers as crisis call center hubs. The department shall collaborate with the
authority and other agencies to assure coordination and availability of services, and shall
consider national guidelines for behavioral health crisis care as determined by the federal
substance abuse and mental health services administration, national beh avioral health
accrediting bodies, and national behavioral health provider associations to the extent they are
appropriate, and recommendations from the crisis response improvement strategy committee
created in section 103 of this act.
4) The department shall designate crisis call center hubs by July 1, 2024. The crisis call center
hubs shall provide crisis intervention services, triage, care coordination, referrals, and
connections to individuals contacting the 988 crisis hotline from any jurisdiction within
Washington 24 hours a day, seven days a week, using the system platform developed under
subsection (5) of this section.
a) To be designated as a crisis call center hub, the applicant must demonstrate to the
department the ability to comply with the requirements of this section and to contract
to provide crisis call center hub services. The department may revoke the designation
of any crisis call center hub that fails to substantially comply with the contract.
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b) The contracts entered shall require designated crisis call center hubs to:
i) Have an active agreement with the administrator of the national suicide
prevention lifeline for participation within its network;
ii) Meet the requirements for operational and clinical standards established by
the department and based upon the national suicide prevention lifeline best
practices guidelines and other recognized best practices;
iii) Employ highly qualified, skilled, and trained clinical staff who have sufficient
training and resources to provide empathy to callers in acute d istress, de-
escalate crises, assess behavioral health disorders and suicide risk, triage to
system partners, and provide case management and documentation. Call
center staff shall be trained to make every effort to resolve cases in the least
restrictive environment and without law enforcement involvement whenever
possible. Call center staff shall coordinate with certified peer counselors to
provide follow-up and outreach to callers in distress as available. It is
intended for transition planning to include a pathway for continued
employment and skill advancement as needed for experienced crisis call
center employees;
iv) Collaborate with the authority, the national suicide prevention lifeline, and
veterans’ crisis line networks to assure consistency of public messaging
about the 988-crisis hotline; and
v) Provide data and reports and participate in evaluations and related quality
improvement activities, according to standards established by the department
in collaboration with the authority.
c) The department and the authority shall incorporate recommendations from the crisis
response improvement strategy committee created under section 103 of this act in its
agreements with crisis call center hubs, as appropriate.
5) The department and authority must coordinate to develop the technology and platforms
necessary to manage and operate the behavioral health crisis response and suicide
prevention system. The technologies developed must include:
a) A new technologically advanced behavioral health and suicide prevention crisis call
center system platform using technology demonstrated to be interoperable across
crisis and emergency response systems used throughout the state, such as 911
systems, emergency medical services systems, and other nonbehavioral health crisis
services, for use in crisis call center hubs designated by the department under
subsection (4) of this section. This platform, which shall be fully funded by July 1,
2023, shall be developed by the department and must include the capacity to receive
crisis assistance requests through phone calls, texts, chats, and other similar
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methods of communication that may be developed in the future that promote access
to the behavioral health crisis system; and
b) A behavioral health integrated client referral system capable of providing system
coordination information to crisis call center hubs and the other entities involved in
behavioral health care. This system shall be developed by the authority.
6) In developing the new technologies under subsection (5) of this section, the department and
the authority must coordinate to designate a primary technology system to provide each of the
following:
a) Access to real-time information relevant to the coordination of behavioral health crisis
response and suicide prevention services, including:
i) Real-time bed availability for all behavioral health bed types, including but not
limited to crisis stabilization services, triage facilities, psychiatric inpatient,
substance use disorder inpatient, withdrawal management, peer-run respite
centers, and crisis respite services, inclusive of both voluntary and involuntary
beds, for use by crisis response workers, first responders, health care
providers, emergency departments, and individuals in crisis; and
ii) Real-time information relevant to the coordination of behavioral health crisis
response and suicide prevention services for a person, including the means
to access:
A) Information about any less restrictive alternative treatment orders or
mental health advance directives related to the person; and
B) Information necessary to enable the crisis call center hub to actively
collaborate with emergency departments, primary care providers and
behavioral health providers within managed care organizations,
behavioral health administrative services organizations, and other
health care payers to establish a safety plan for the person in
accordance with best practices and provide the next steps for the
person's transition to follow-up noncrisis care. To establish
information-sharing guidelines that fulfill the intent of this section the
authority shall consider input from the confidential information
compliance and coordination subcommittee established under
section 103 of this act;
b) The means to request deployment of appropriate crisis response services, which may
include mobile rapid response crisis teams, co-responder teams, designated crisis
responders, fire department mobile integrated health teams, or community assistance
referral and educational services programs under RCW 35.21.930, according to best
practice guidelines established by the authority, and track local response through
global positioning technology; and
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c) The means to track the outcome of the 988 call to enable appropriate follow up,
cross-system coordination, and accountability, including as appropriate:
i) Any immediate services dispatched and reports generated from the
encounter;
ii) the validation of a safety plan established for the caller in accordance with
best practices;
iii) the next steps for the caller to follow in transition to noncrisis follow-up care,
including a next-day appointment for callers experiencing urgent,
symptomatic behavioral health care needs; and (iv) the means to verify and
document whether the caller was successful in making the transition to
appropriate noncrisis follow-up care indicated in the safety plan for the
person, to be completed either by the care coordinator provided through the
person's managed care organization, health plan, or behavioral health
administrative services organization, or if such a care coordinator is not
available or does not follow through, by the staff of the crisis call center hub;
d) A means to facilitate actions to verify and document whether the person's transition to
follow up noncrisis care was completed and services offered, to be performed by a
care coordinator provided through the person's managed care organization, health
plan, or behavioral health administrative services organization, or if such a care
coordinator is not available or does not follow through, by the staff of the crisis call
center hub;
e) The means to provide geographically, culturally, and linguistically appropriate services
to persons who are part of high-risk populations or otherwise have need of
specialized services or accommodations, and to document these services or
accommodations; and
f) When appropriate, consultation with tribal governments to ensure coordinated care in
government-to-government relationships, and access to dedicated services to tribal
members.
7) To implement this section the department and the authority shall collaborate with the state
enhanced 911 coordination office, emergency management division, and military department
to develop technology that is demonstrated to be interoperable between the 988 crisis hotline
system and crisis and emergency response systems used1 throughout the state, such as 911
systems, emergency medical services systems, and other nonbehavioral health crisis
services, as well as the national suicide prevention lifeline, to assure cohesive interoperability,
develop training programs and operations for both 911 public safety telecommunicators and
crisis line workers, develop suicide and other behavioral health crisis assessments and
intervention strategies, and establish efficient and equitable access to resources via crisis
hotlines.
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8) The authority shall:
a) Collaborate with county authorities and behavioral health administrative services
organizations to develop procedures to dispatch behavioral health crisis services in
coordination with crisis call center hubs to effectuate the intent of this section;
b) Establish formal agreements with managed care organizations and behavioral health
administrative services organizations by January 1, 2023, to provide for the services,
capacities, and coordination necessary to effectuate the intent of this section, which
shall include a requirement to arrange next-day appointments for persons contacting
the 988 crisis hotline experiencing urgent, symptomatic behavioral health care needs
with geographically, culturally, and linguistically appropriate primary care or
behavioral health providers within the person's provider network, or, if uninsured,
through the person's behavioral health administrative services organization;
c) Create best practices guidelines by July 1, 2023, for deployment of appropriate and
available crisis response services by crisis call center hubs to assist 988 hotline
callers to minimize nonessential reliance on emergency room services and the use of
law enforcement, considering input from relevant stakeholders and recommendations
made by the crisis response improvement strategy committee created under section
103 of this act;
d) Develop procedures to allow appropriate information sharing and communication
between and across crisis and emergency response systems for the purpose of real-
time crisis care coordination including, but not limited to, deployment of crisis and
outgoing services, follow-up care, and linked, flexible services specific to crisis
response; and
e) Establish guidelines to appropriately serve high-risk populations who request crisis
services. The authority shall design these guidelines to promote behavioral health
equity for all populations with attention to circumstances of race, ethnicity, gender,
socioeconomic status, sexual orientation, and geographic location, and include
components such as training requirements for call response workers, policies for
transferring such callers to an appropriate specialized center or subnetwork within or
external to the national suicide prevention lifeline network, and procedures for
referring persons who access the 988 crisis hotline to linguistically and culturally
competent care.
o New Section 103 – A new section is added to chapter 71.24 RCW to read as follows:
1) The crisis response improvement strategy committee is established for the purpose of
providing advice in developing an integrated behavioral health crisis response and suicide
prevention system containing the elements described in this section. The work of the
committee shall be received and reviewed by a steering committee, which shall in turn form
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subcommittees to provide the technical analysis and input needed to formulate system
change recommendations.
2) The office of financial management shall contract with the behavio ral health institute at
Harborview medical center to facilitate and provide staff support to the steering committee
and to the crisis response improvement strategy committee.
3) The steering committee shall select three co-chairs from among its members to lead the crisis
response improvement strategy committee. The crisis response improvement strategy
committee shall consist of the following members, who shall be appointed or requested by the
authority, unless otherwise noted:
a) The director of the authority, or his or her designee, who shall also serve on the
steering committee;
b) The secretary of the department, or his or her designee, who shall also serve on the
steering committee;
c) A member representing the office of the governor, who shall also serve on the
steering committee;
d) The Washington state insurance commissioner, or his or her designee;
e) Up to two members representing federally recognized tribes, one from eastern
Washington and one from western Washington, who have expertise in behavioral
health needs of their communities;
f) One member from each of the two largest caucuses of the senate, one of whom shall
also be designated to participate on the steering committee, to be appointed by the
president of the senate;
g) One member from each of the two largest caucuses of the house of representatives,
one of whom shall also be designated to participate on the steering committee, to be
appointed by the speaker of the house of representatives;
h) The director of the Washington state department of veterans affairs, or his or her
designee;
i) The state enhanced 911 coordinator, or his or her designee;
j) A member with lived experience of a suicide attempt;
k) A member with lived experience of a suicide loss;
l) A member with experience of participation in the crisis system relat ed to lived
experience of a mental health disorder;
m) A member with experience of participation in the crisis system related to lived
experience with a substance use disorder;
n) A member representing each crisis call center in Washington that is contracted with
the national suicide prevention lifeline;
o) Up to two members representing behavioral health administrative services
organizations, one from an urban region and one from a rural region;
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p) A member representing the Washington council for behavioral health;
q) A member representing the association of alcoholism and addiction programs of
Washington state;
r) A member representing the Washington state hospital association;
s) A member representing the national alliance on mental illness Washington;
t) A member representing the behavioral health interests of persons of color
recommended by Sea Mar community health centers;
u) A member representing the behavioral health interests of persons of color
recommended by Asian counseling and referral service;
v) A member representing law enforcement;
w) A member representing a university-based suicide prevention center of excellence;
x) A member representing an emergency medical services department with a CARES
program;
y) A member representing Medicaid managed care organizations, as recommended by
the association of Washington healthcare plans;
z) A member representing commercial health insurance, as recommended by the
association of Washington healthcare plans;
aa) A member representing the Washington association of designated crisis responders;
bb) A member representing the children and youth behavioral health work group;
cc) A member representing a social justice organization addressing police accountability
and the use of deadly force; and
dd) A member representing an organization specializing in facilitating behavi oral health
services for LGBTQ populations.
4) The crisis response improvement strategy committee shall assist the steering committee to
identify potential barriers and make recommendations necessary to implement and effectively
monitor the progress of the 988-crisis hotline in Washington and make recommendations for
the statewide improvement of behavioral health crisis response and suicide prevention
services.
5) The steering committee must develop a comprehensive assessment of the behavioral health
crisis response and suicide prevention services system by January 1, 2022, including an
inventory of existing statewide and regional behavioral health crisis response, suicide
prevention, and crisis stabilization services and resources, and taking into account capital
projects which are planned and funded. The comprehensive assessment shall identify:
a) Statewide and regional insufficiencies and gaps in behavioral health crisis response
and suicide prevention services and resources needed to meet population needs;
b) Quantifiable goals for the provision of statewide and regional behavioral health crisis
services and targeted deployment of resources, which consider factors such as
reported rates of involuntary commitment detentions, single-bed certifications, suicide
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attempts and deaths, substance use disorder-related overdoses, overdose or
withdrawal-related deaths, and incarcerations due to a behavioral health incident;
c) A process for establishing outcome measures, benchmarks, and improvement
targets, for the crisis response system; and (d) Potential funding sources to provide
statewide and regional behavioral health crisis services and resources.
6) The steering committee, taking into account the comprehensive assessment work under
subsection (5) of this section as it becomes available, after discussion with the crisis response
improvement strategy committee and hearing reports from the subcommittees, shall report on
the following:
a) A recommended vision for an integrated crisis network in Washington that includes,
but is not limited to: An integrated 988-crisis hotline and crisis call center hubs; mobile
rapid response crisis teams; mobile crisis response units for youth, adult, and geriatric
population; a range of crisis stabilization services; an integrated involuntary treatment
system; access to peer-run services, including peer-run respite centers; adequate
crisis respite services; and data resources;
b) Recommendations to promote equity in services for individuals of diverse
circumstances of culture, race, ethnicity, gender, socioeconomic status, sexual
orientation, and for individuals in tribal, urban, and rural communities;
c) Recommendations for a work plan with timelines to implement appropriate local
responses to calls to the hotline within Washington in accordance with the time
frames required by the national suicide hotline designation act of 2020;
d) The necessary components of each of the new technologically advanced behavioral
health crisis call center system platform and the new behavioral health integrated
client referral system, as provided under section 102 of this act, for assigning and
tracking response to behavioral health crisis calls and providing real-time bed and
outpatient appointment availability to 988 operators, emergency departments,
designated crisis responders, and other behavioral health crisis responders, which
shall include but not be limited to:
i) Identification of the components crisis call center hub staff need to effectively
coordinate crisis response services and find available beds and available
primary care and behavioral health outpatient appointments;
ii) Evaluation of existing bed tracking models currently utilized by other states
and identifying the model most suitable to Washington's crisis behavioral
health system;
iii) Evaluation of whether bed tracking will improve access to all behavioral
health bed types and other impacts and benefits; and
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iv) Exploration of how the bed tracking and outpatient appointment availability
platform can facilitate more timely access to care and other impacts and
benefits;
e) The necessary systems and capabilities that licensed or certified behavioral health
agencies, behavioral health providers, and any other relevant parties will require to
report, maintain, and update inpatient and residential bed and outpatient service
availability in real time to correspond with the crisis call center system platform or
behavioral health integrated client referral system identified in section 102 of this act,
as appropriate;
f) A work plan to establish the capacity for the crisis call center hubs to integrate
Spanish language interpreters and Spanish-speaking call center staff into their
operations, and to ensure the availability of resources to meet the unique needs of
persons in the agricultural community who are experiencing mental health stresses,
which explicitly addresses concerns regarding confidentiality;
g) A work plan with timelines to enhance and expand the availability of community -
based mobile rapid response crisis teams based in each region, including specialized
teams as appropriate to respond to the unique needs of youth, including American
Indian and Alaska Native youth and LGBTQ youth, and geriatric populations,
including older adults of color and older adults with comorbid dementia;
h) The identification of other personal and systemic behavioral health challenges which
implementation of the 988 crisis hotline has the potential to address in addition to
suicide response and behavioral health crises;
i) The development of a plan for the statewide equitable distribution of crisis
stabilization services, behavioral health beds, and peer-run respite services;
j) Recommendations concerning how health plans, managed care organizations, and
behavioral health administrative services organizations shall fulfill requirements to
provide assignment of a care coordinator and to provide next-day appointments for
enrollees who contact the behavioral health crisis system;
k) Appropriate allocation of crisis system funding responsibilities among Medicaid
managed care organizations, commercial insurers, and behavioral health
administrative services organizations;
l) Recommendations for constituting a statewide behavioral health crisis response and
suicide prevention oversight board or similar structure for ongoing monitoring of the
behavioral health crisis system and where this should be established; and
m) Cost estimates for each of the components of the integrated behavioral health crisis
response and suicide prevention system.
7) The steering committee shall consist only of members appointed to the steering committee
under this section. The steering committee shall convene the committee, form
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subcommittees, assign tasks to the subcommittees, and establish a schedule of meetings and
their agendas.
8) The subcommittees of the crisis response improvement strategy committee shall focus on
discrete topics. The subcommittees may include participants who are not members of the
crisis response improvement strategy committee, as needed to provide professional expertise
and community perspectives. Each subcommittee shall have at least one member
representing the interests of stakeholders in a rural community, at least one member
representing the interests of stakeholders in an urban community, and at least one member
representing the interests of youth stakeholders. The steering committe e shall form the
following subcommittees:
a) A Washington tribal 988 subcommittee, which shall examine and make
recommendations with respect to the needs of tribes related to the 988 system, and
which shall include representation from the American Indian health commission;
b) A credentialing and training subcommittee, to recommend workforce needs and
requirements necessary to implement this act, including minimum education
requirements such as whether it would be appropriate to allow crisis call center hubs
to employ clinical staff without a bachelor's degree or master's degree based on the
person's skills and life or work experience;
c) A technology subcommittee, to examine issues and requirements related to the
technology needed to implement this act;
d) A cross-system crisis response collaboration subcommittee, to examine and define
the complementary roles and interactions between mobile rapid response crisis
teams, designated crisis responders, law enforcement, emergency medical services
teams, 911 and 988 operators, public and private health plans, behavioral health
crisis response agencies, nonbehavioral health crisis response agencies, and others
needed to implement this act;
e) A confidential information compliance and coordination subcommittee, to examine
issues relating to sharing and protection of health information needed to implement
this act; and
f) Any other subcommittee needed to facilitate the work of the committee, at the
discretion of the steering committee.
9) The proceedings of the crisis response improvement strategy committee must be open to the
public and invite testimony from a broad range of perspectives. The committee shall seek
input from tribes, veterans, the LGBTQ community, and communities of color to help discern
how well the crisis response system is currently working and recommend ways to improve the
crisis response system.
10) Legislative members of the crisis response improvement strategy committee shall be
reimbursed for travel expenses in accordance with RCW 44.04.120. Non-legislative members
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are not entitled to be reimbursed for travel expenses if they are elected officials or are
participating on behalf of an employer, governmental entity, or other organization. Any
reimbursement for other non-legislative members is subject to chapter 43.03 RCW.
11) The steering committee, with the advice of the crisis response improvement strategy
committee, shall provide a progress report and the result of its comprehensive assessment
under subsection (5) of this section to the governor and appropriate policy and fiscal
committee of the legislature by January 1, 2022. The steering committee shall report the crisis
response improvement strategy committee's further progress and the steering committee's
recommendations related to crisis call center hubs to the governor and appropriate policy and
fiscal committees of the legislature by January 1, 2023. The steering committee shall provide
its final report to the governor and the appropriate policy and fiscal committees of the
legislature by January 1, 2024.
12) This section expires June 30, 2024.
o New Section 104 – A new section is added to chapter 71.24 RCW to read as follows:
1) The steering committee of the crisis response improvement strategy committee established
under section 103 of this act must monitor and make recommendations related to the funding
of crisis response services out of the account created in section 205 of thi s act. The crisis
response improvement strategy steering committee must analyze:
a) The projected expenditures from the account created under section 205 of this act,
taking into account call volume, utilization projections, and other operational impacts;
b) The costs of providing statewide coverage of mobile rapid response crisis teams or
other behavioral health first responder services recommended by the crisis response
improvement strategy committee, based on 988-crisis hotline utilization and taking
into account existing state and local funding;
c) Potential options to reduce the tax imposed in section 202 of this act, given the
expected level of costs related to infrastructure development and operational support
of the 988-crisis hotline and crisis call center hubs; and
d) The viability of providing funding for in-person mobile rapid response crisis services or
other behavioral health first responder services recommended by the crisis response
improvement strategy committee funded from the account created in section 205 of
this act, given the expected revenues to the account and the level of expenditures
required under (a) of this subsection.
2) If the steering committee finds that funding in-person mobile rapid response crisis services or
other behavioral health first responder services recommended by the crisis response
improvement strategy committee is viable from the account given the level of expenditures
necessary to support the infrastructure development and operational support of the 988-crisis
hotline and crisis call center hubs, the steering committee must analyze options for the
location and composition of such services given need and available resources with the
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requirement that funds from the account supplement, not supplant, existing behavioral health
crisis funding.
3) The work of the steering committee under this section must be facilitated by the behavioral
health institute at Harborview medical center through its contract with the office of financial
management under section 103 of this act with assistance provided by staff from senate
committee services, the office of program research, and the office of financial management.
4) The steering committee shall submit preliminary recommendations to the governor and the
appropriate policy and fiscal committees of the legislature by January 1, 2022, and final
recommendations to the governor and the appropriate policy and fiscal committees of the
legislature by January 1, 2023.
5) This section expires on July 1, 2023.
o New Section 105 – A new section is added to chapter 71.24.27 RCW to read as follows:
1) The department and authority shall provide an annual report regarding the usage of the 988-
crisis hotline, call outcomes, and the provision of crisis services inclusive of mobile rapid
response crisis teams and crisis stabilization services. The report shall be submitted to the
governor and the appropriate committees of the legislature each November beginning in
2023. The report shall include information on the fund deposits and expenditures of the
account created in section 205 of this act.
2) The department and authority shall coordinate with the department of revenue, and any other
agency that is appropriated funding under the account created in section 205 of this act, to
develop and submit information to the federal communications commission required for the
completion of fee accountability reports pursuant to the national suicide hotline designation
act of 2020.
3) The joint legislative audit and review committee shall schedule an audit to begin after the full
implementation of this act, to provide transparency as to how funds from the statewide 988
behavioral health crisis response and suicide prevention line account have been expended,
and to determine whether funds used to provide acute behavioral health, crisis outreach, and
stabilization services are being used to supplement services identified as baseline services in
the comprehensive analysis provided under section 103 of this act, or to supplant baseline
services. The committee shall provide a report by November 1, 2027, which includes
recommendations as to the adequacy of the funding provided to accomplish the intent of the
act and any other recommendations for alteration or improvement.
o New Section 106 – A new section is added to Chapter 48.43 RCW to read as follows: health plans
issued or renewed on or after January 1, 2023, must make next-day appointments available to
enrollees experiencing urgent, symptomatic behavioral health conditions to receive covered
behavioral health services. The appointment may be with a licensed provider other than a licensed
behavioral health professional, as long as that provider is acting within their scope of practice and may
be provided through telemedicine consistent with RCW 48.43.735. Need for urgent symptomatic care
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is associated with the presentation of behavioral health signs or symptoms that require immediate
attention but are not emergent.
o New Section 107 – A new section is added to Chapter 43.06 RCW to read as follows:
1) The governor shall appoint a 988 hotline and behavioral health crisis system coordinator to
provide project coordination and oversight for the implementation and administration of the
988 crisis hotline, other requirements of this act, and other projects supporting the behavioral
health crisis system. The coordinator shall:
a) Oversee the collaboration between the department of health and the health care
authority in their respective roles in supporting the crisis call center hu bs, providing
the necessary support services for 988 callers, and establishing adequate
requirements and guidance for their contractors to fulfill the requirements of this act;
b) Ensure coordination and facilitate communication between stakeholders such as
crisis call center hub contractors, behavioral health administrative service
organizations, county authorities, other crisis hotline centers, managed care
organizations, and, in collaboration with the state enhanced 911 coordination office,
with 911 emergency communications systems;
c) Review the development of adequate and consistent training for crisis call center
personnel and, in coordination with the state enhanced 911 coordination office, for
911 operators with respect to their interactions with the crisis hotline center; and
d) Coordinate implementation of other behavioral health initiatives among state agencies
and educational institutions, as appropriate, including coordination of data between
agencies.
2) This section expires June 30, 2024.
o New Section 108 – A new section is added to Chapter 71.24 RCW to read as follows:
1) When acting in their statutory capacities pursuant to this act, the state, department, authority,
state enhanced 911 coordination office, emergency management division, military
department, any other state agency, and their officers, employees, and agents are deemed to
be carrying out duties owed to the public in general and not to any individual person or class
of persons separate and apart from the public. Nothing contained in this act may be construed
to evidence a legislative intent that the duties to be performed by the state, department,
authority, state enhanced 911 coordination office, emergency management division, military
department, any other state agency, and their officers, employees, and agents, as required by
this act, are owed to any individual person or class of persons separate and apart from the
public in general.
2) Each crisis call center hub designated by the department under any contract or agreement
pursuant to this act shall be deemed to be an independent contractor, separate and apart
from the department and the state.
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• Section 109 and Part II of this act deal with tax, (part III) appropriations, and (part IV) definitions and
miscellaneous.
21 SHB 1484 • Statewide First Responder Building Mapping Information System – Termination – AN ACT Relating to
the statewide first responder building mapping information system; reenacting and amending RCW
28A.320.125; creating a new section; repealing RCW 36.28A.060 and 36.28A.070; providing an effective date;
providing an expiration date; and declaring an emergency.
o Section 1
1) The legislature considers it to be a matter of public safety for public schools and staff to have
current safe school plans and procedures in place, fully consistent with federal law. The
legislature further finds and intends, by requiring safe school plans to be in place, that school
districts will become eligible for federal assistance. The legislature further finds that schools
are in a position to serve the community in the event of an emergency resulting from natural
disasters or ((man-made)) human-induced disasters.
2) Schools and school districts shall consider the guidance and resources provided by the state
school safety center, established under RCW 28A.300.630, and the regional school safety
centers, established under RCW 28A.310.510, when developing their own individual
comprehensive safe school plans. Each school district shall adopt and implement a safe
school plan. ((consistent with the school mapping information system pursuant to RCW
36.28A.060)). The plan shall:
a) Include required school safety policies and procedures;
b) Address emergency mitigation, preparedness, response, and recovery;
c) Include provisions for assisting and communicating with students and staff, including
those with special needs or disabilities;
d) Include a family-student reunification plan, including procedures for communicating
the reunification plan to staff, students, families, and emergency responders;
e) Use the training guidance provided by the Washington emergency management
division of the state military department in collaboration with the state school safety
center in the office of the superintendent of public instruction, established under RCW
28A.300.630, and the school safety and student well-being advisory committee,
established under RCW 28A.300.635;
f) Require the building principal to be certified on the incident command system;
g) Take into account the manner in which the school facilities may be used as a
community asset in the event of a community-wide emergency; and
h) Set guidelines for requesting city or county law enforcement agencies, local fire
departments, emergency service providers, and county emergency management
agencies to meet with school districts and participate in safety -related drills.
3) To the extent funds are available, school districts shall annually:
Admin –
Coordinate with
WASPC and the
Office of
Superintendent of
Public instruction to
provide first
responder mapping
to the Office of the
Superintendent
(brief SROs). There
may be substantial
time required as the
Pasco PD, school
district, County
Sheriff, and
Emergency
Management all
have a stake. How
will this bill change
PD responses to
schools and SRO
involvement? Be
prepared to assist
with a table-top
exercise and full-
scale exercise.
Review and amend
the School
Resource Officer
Duties Procedure
and Chapter 44
Juvenile Operations
Policy as
appropriate.
Training – 2 hours
– Provide training to
SROs on new
requirements and
termination of the
First Responder
Mapping Program
and how the SRO
relationship with the
school district will
change.
July 1, 2021
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a) Review and update safe school plans in collaboration with local emergency response
agencies;
b) Conduct an inventory of all hazardous materials;
c) Update information ((on the school mapping information system)) to reflect current
((staffing and updated)) plans, including:
i) Identifying all staff members who are trained on the national incident
management system, trained on the incident command system, or are
certified on the incident command system; and
ii) Identifying school transportation procedures for evacuation, to include bus
staging areas, evacuation routes, communication systems, parent-student
reunification sites, and secondary transportation agreements ((consistent with
the school mapping information system)); and
d) Provide information to all staff on the use of emergency supplies and notification and
alert procedures.
4) ((To the extent funds are available, school districts shall annually record and report on the
information and activities required in subsection (3) of this section to the Washington
association of sheriffs and police chiefs. (5))) School districts are encouraged to work with
local emergency management agencies and other emergency responders to conduct one
tabletop exercise, one functional exercise, and two full-scale exercises within a four-
year period.
5) (((6))) Due to geographic location, schools have unique safety challenges.
a) It is the responsibility of school principals and administrators to assess the threats
and hazards most likely to impact their school, and to practice three basic functional
drills, shelter-in-place, lockdown, and evacuation, as these drills relate to those
threats and hazards. Some threats or hazards may require the use of more than one
basic functional drill.
b) Schools shall conduct at least one safety-related drill per month, including summer
months when school is in session with students. These drills must teach students
three basic functional drill responses:
i) "Shelter-in-place," used to limit the exposure of students and staff to
hazardous materials, such as chemical, biological, or radi ological
contaminants, released into the environment by isolating the inside
environment from the outside;
ii) "Lockdown," used to isolate students and staff from threats of violence, such
as suspicious trespassers or armed intruders, that may occur in a school or in
the vicinity of a school; and
iii) "Evacuation," used to move students and staff away from threats, such as
fires, oil train spills, lahars, or tsunamis.
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c) The drills described in (b) of this subsection must incorporate the following
requirements:
i) ((Use of the school mapping information system in at least one of the safety-
related drills; (ii))) A pedestrian evacuation drill for schools in mapped lahars
or tsunami hazard zones; and
ii) (((iii))) An earthquake drill using the state-approved earthquake safety
technique "drop, cover, and hold."
d) Schools shall document the date, time, and type (shelter-in- place, lockdown, or
evacuate) of each drill required under this subsection (((6))) (5) and maintain the
documentation in the school office.
e) This subsection (((6))) (5) is intended to satisfy all federal requirements for
comprehensive school emergency drills and evacuations.
6) (((7))) Educational service districts are encouraged to apply for federal emergency response
and crisis management grants with the assistance of the superintendent of public instruction
and the Washington emergency management division of the state military department.
7) (((8))) The superintendent of public instruction may adopt rules to implement provisions of this
section. These rules may include, but are not limited to, provisions for evacuations,
lockdowns, or other components of a comprehensive safe school plan.
8) (((9))) (a) Whenever a first responder agency notifies a school of a situation that may
necessitate an evacuation or lockdown, the agency must determine if other known schools in
the vicinity are similarly threatened. The first responder agency must notify every o ther known
school in the vicinity for which an evacuation or lockdown appears reasonably necessary to
the agency's incident commander unless the agency is unable to notify schools due to duties
directly tied to responding to the incident occurring. For pur poses of this subsection, "school"
includes a private school under chapter 28A.195 RCW. (b) A first responder agency and its
officers, agents, and employees are not liable for any act, or failure to act, under this
subsection unless a first responder agency and its officers, agents, and employees acted with
willful disregard.
o NEW SECTION. Sec. 2.
1) No later than 90 days after the effective date of this section, the Washington
association of sheriffs and police chiefs must:
a) Coordinate with the office of the superintendent of public instruction to transfer
all information in the statewide first responder building mapping information
system related to public schools, as defined in RCW 28A.150.010, to the office
of the superintendent of public instruction; and
b) Notify all public entities that are not public schools that the statewide first
responder building mapping information system has been terminated as of the
effective date of this section. For any public entity that is not a public school that
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requests its data from the statewide first responder building mapping information
system prior to December 31, 2021, the Washington association of sheriffs and police
chiefs must coordinate a timely and efficient transfer of that entity's statewide first
responder building mapping information system data to that entity.
2) No later than December 31, 2021, the Washington association of sheriffs and police chiefs
must provide the governor, or the governor's designee, all data related to any facility owned
by any public entity in the statewide first responder building mapping information system.
3) Nothing in this section requires the Washington association of sheriffs and police chiefs to
provide any data or information regarding tactical or intelligence information to any person or
entity that is not a Washington law enforcement agency.
4) This section expires December 31, 2021.
o NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:
1) RCW 36.28A.060 (Statewide first responder building mapping information system—
Creation—Data must be available to law enforcement, military, and fire safety agencies —
Standards—Public disclosure exemption) and 2005 c 274 s 269 & 2003 c 102 s 2; and
2) RCW 36.28A.070 (Statewide first responder building mapping information system—
Committee established—Development of guidelines) and 2015 3rd sp.s. c 1 s 405, 2015 c 225
s 32, & 2003 c 102 s 3.
o NEW SECTION. Sec. 4. This act is necessary for the immediate preservatio n of the public peace,
health, or safety, or support of the state government and its existing public institutions and takes effect
July 1, 2021.
22 SB 5021
SB 5296
• Review changes to public employee retirement benefits and calculations Admin/HR – review
for situational
awareness.
None July 25, 2021
23 ESSB 5038 • Open Carry of Weapons – Demonstrations and State Capitol – AN ACT Relating to prohibiting the open
carry of certain weapons at public permitted demonstrations and the state capitol; reenacting and amending
RCW 9.41.300; adding a new section to chapter 9.41 RCW; prescribing penalties; and declaring an
emergency.
o Section 1 – RCW 9.41.300 and 2018 c 201 s 9003 and 2018 c 201 s 6007 are each reenacted and
amended to read as follows:
1) It is unlawful for any person to enter the following places when he or she knowingly
possesses or knowingly has under his or her control a weapon:
a) The restricted access areas of a jail, or of a law enforcement facility, or any place
used for the confinement of a person (i) arrested for, charged with, or convicted of an
offense, (ii) held for extradition or as a material witness, or (iii) otherwise confined
pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW.
Restricted access areas do not include common areas of egress or ingress open to
the general public;
Training Training – 1 hour –
Provide training in
updates to the open
carry of weapons
around courts and
state capitol.
May 12, 2021
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b) Those areas in any building which are used in connection with court proceedings,
including courtrooms, jury rooms, judge's chambers, offices and areas used to
conduct court business, waiting areas, and corridors adjacent to areas used in
connection with court proceedings. The restricted areas do not include common areas
of ingress and egress to the building that is used in connection with court
proceedings, when it is possible to protect court areas without restricting ingress and
egress to the building. The restricted areas shall be the minimum necessary to fulfill
the objective of this subsection (1)(b).
For purposes of this subsection (1)(b), "weapon" means any firearm, explosive as
defined in RCW 70.74.010, or any weapon of the kind usually known as slungshot,
sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that
is capable of causing death or bodily injury and is commonly used with the intent to
cause death or bodily injury. In addition, the local legislative authority shall provide
either a stationary locked box sufficient in size for pistols and key to a weapon owner
for weapon storage or shall designate an official to receive weapons for safekeeping,
during the owner's visit to restricted areas of the building. The locked box or
designated official shall be located within the same building used in connection with
court proceedings. The local legislative authority shall be liable for any negligence
causing damage to or loss of a weapon either placed in a locked box or left with an
official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where
weapons are prohibited and shall post notices at each entrance to the building of the
prohibition against weapons in the restricted areas;
c) The restricted access areas of a public mental health facility licensed or certified by
the department of health for inpatient hospital care and state institutions for the care
of the mentally ill, excluding those facilities solely for evaluation and treatment.
Restricted access areas do not include common areas of egress and ingress open to
the general public;
d) That portion of an establishment classified by the state liquor and cannabis board as
off-limits to persons under ((twenty-one)) 21 years of age; or
e) The restricted access areas of a commercial service airport designated in the airport
security plan approved by the federal transportation security administration, including
passenger screening checkpoints at or beyond the point at which a passenger
initiates the screening process. These areas do not include airport drives, general
parking areas and walkways, and shops and areas of the terminal that are outside the
screening checkpoints and that are normally open to unscreened passengers or
visitors to the airport. Any restricted access area shall be clearly indicated by
prominent signs indicating that firearms and other weapons are prohibited in the area.
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2) Except as provided in (c) of this subsection ,
a) It is unlawful for any person to knowingly open carry a firearm or other weapon while
knowingly at any permitted demonstration. This subsection (2)(a) applies whether the
person carries the firearm or other weapon on his or her person or in a vehicle.
b) It is unlawful for any person to knowingly open carry a firearm or other weapon while
knowingly within 250 feet of the perimeter of a permitted demonstration after a duly
authorized state or local law enforcement officer advises the person of the permitted
demonstration and directs the person to leave until he or she no longer possesses or
controls the firearm or other weapon. This subsection (2)(b) does not apply to any
person possessing or controlling any firearm or other weapon on private property
owned or leased by that person.
c) Duly authorized federal, state, and local law enforcement officers and personnel are
exempt from the provisions of this subsection (2) when carrying a firearm or other
weapon in conformance with their employing agency's policy. Members of the armed
forces of the United States or the state of Washington are exempt from the provisions
of this subsection (2) when carrying a firearm or other weapon in the discharge of
official duty or traveling to or from official duty.
d) For purposes of this subsection, the following definitions apply:
i) "Permitted demonstration" means either: (A) A gathering for which a permit
has been issued by a federal agency, state agency, or local government; or
(B) a gathering of 15 or more people who are assembled for a single event at
a public place that has been declared as permitted by the chief executive,
sheriff, or chief of police of a local government in which the gathering occurs.
A "gathering" means a demonstration, march, rally, vigil, sit-in, protest,
picketing, or similar public assembly.
ii) "Public place" means any site accessible to the general public for business,
entertainment, or another lawful purpose. A "public place" includes, but is not
limited to, the front, immediate area, or parking lot of any store, shop,
restaurant, tavern, shopping center, or other place of business; any public
building, its grounds, or surrounding area; or any public parking lot, street,
right-of-way, sidewalk, public park, or other public grounds.
iii) "Weapon" has the same meaning given in subsection (1)(b) of this section.
e) Nothing in this subsection applies to the lawful l concealed carry of a firearm by a
person who has a valid concealed pistol license.
3) Cities, towns, counties, and other municipalities may enact laws and ordin ances:
a) Restricting the discharge of firearms in any portion of their respective jurisdictions
where there is a reasonable likelihood that humans, domestic animals, or property will
be jeopardized. Such laws and ordinances shall not abridge the right of the individual
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guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of
self or others; and
b) Restricting the possession of firearms in any stadium or convention center, operated
by a city, town, county, or other municipality, except t hat such restrictions shall not
apply to:
i) Any pistol in the possession of a person licensed under RCW 22 9.41.070 or
exempt from the licensing requirement by RCW 9.41.060; or
ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
4) Cities, towns, and counties
a) May enact ordinances restricting the areas in their respective jurisdictions in which
firearms may be sold, but, except as provided in (b) of this subsection, a business
selling firearms may not be treated more restrictively than other businesses located
within the same zone. An ordinance requiring the cessation of business within a zone
shall not have a shorter grandfather period for businesses selling firearms than for
any other businesses within the zone.
b. Cities, towns, and counties may restrict the location of a business selling firearms to
not less than ((five hundred)) 500 feet from primary or secondary school grounds, if
the business has a storefront, has hours during which it is open for business, and
posts advertisements or signs observable to passersby that firearms are available for
sale. A business selling firearms that exists as of the date a restriction is enacted
under this subsection (4)(b) shall be grandfathered according to existing law.
5) Violations of local ordinances adopted under subsection (3) of this section must have the
same penalty as provided for by state law.
6) The perimeter of the premises of any specific location covered by subsection (1) of this
section shall be posted at reasonable intervals to ale rt the public as to the existence of any
law restricting the possession of firearms on the premises.
7) Subsection (1) of this section does not apply to:
a) A person engaged in military activities sponsored by the federal or state
governments, while engaged in official duties;
b) Law enforcement personnel, except that subsection (1)(b) of this section does apply
to a law enforcement officer who is present at a courthouse building as a party to an
action under chapter 10.14, 10.99, or 26.50 RCW, or an action under Title 26 RCW
where any party has alleged the existence of domestic violence as defined in RCW
16 26.50.010; or
c) Security personnel while engaged in official duties.
8) Subsection (1)(a), (b), (c), and (e) of this section does not apply to correctional personnel or
community corrections officers, as long as they are employed as such, who have completed
government-sponsored law enforcement firearms training, except that subsection (1)(b) of this
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section does apply to a correctional employee or community corrections officer who is present
at a courthouse building as a party to an action under chapter 10.14, 10.99, or 26.50 RCW, or
an action under Title 26 RCW where any party has alleged the existence of domestic violence
as defined in RCW 27 26.50.010.
9) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW
9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises or checks his or her firearm. The person may
reclaim the firearms upon leaving but must immediately and directly depart from the place or
facility.
10) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility
or to any person who, upon entering the place or facility, directly and promptly proceeds to the
administrator of the facility or the administrator's designee and obtains written permission to
possess the firearm while on the premises.
11) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her
employees while engaged in their employment.
12) Government-sponsored law enforcement firearms training must be training that correctional
personnel and community corrections officers receive as part of their job requirement and
reference to such training does not constitute a mandate that it be provided by the
correctional facility.
13) Any person violating subsection (1) or (2) of this section is guilty of a gross misdemeanor.
14) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010,
or instrument or weapon listed in RCW 9.41.250.
o NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:
1. Unless exempt under subsection (4) of this section, it is unlawful for any person to knowingly
open carry a firearm or other weapon, as defined in RCW 9.41.300(1)(b), while knowingly
being in the following locations: The west state capitol campus grounds; any buildings on the
state capitol grounds; any state legislative office; or any location of a public legislative hearing
or meeting during the hearing or meeting.
2. "Buildings on the state capitol grounds" means the following buildings located on the state
capitol grounds, commonly known as Legislative, Temple of Justice, John L. O'Brien, John A.
Cherberg, Irving R. Newhouse, Joel M. Pritchard, Helen Sommers, Insurance, Governor's
mansion, Visitor Information Center, Carlyon House, Ayer House, General Administration,
1500 Jefferson, James M. Dolliver, Old Capitol, Capitol Court, State Archives, Natural
Resources, Office Building #2, Highway-License, Transportation, Employment Security, Child
Care Center, Union Avenue, Washington Street, Professional Arts, State Farm, and
Powerhouse buildings.
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3. "West state capitol campus grounds" means areas of the campus south of Powerhouse Rd.
SW, south of Union Avenue SW as extended westward to Powerhouse Rd. SW, west of
Capitol Way, north of 15th Avenue SW between Capitol Way S. and Water Street SW, west of
Water Street between 15th Avenue SW and 16th Avenue SW, north of 16th Avenue SW
between Water Street SW and the east banks of Capitol Lake, and east of the banks of
Capitol Lake.
4. Duly authorized federal, state, or local law enforcement officers or personnel are exempt from
this section when carrying a firearm or other weapon in conformance with their employing
agency's policy. Members of the armed forces of the United States or the state of Washington
are exempt from this section when carrying a firearm or other weapon in the discharge of
official duty or traveling to or from official duty.
5. A person violating this section is guilty of a gross misdemeanor.
6. Nothing in this section applies to the lawful concealed carry of a firearm by a person who has
a valid concealed pistol license.
o NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to other persons or
circumstances is not affected.
o NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public institutions and takes effect
immediately.
24 E2SSB 5051 • Peace Officers and Corrections Officers – State Oversight and Accountability – AN ACT Relating to
state oversight and accountability of peace officers and corrections officers; amending RCW 43.101.010,
43.101.020, 43.101.030, 43.101.040, 43.101.060, 43.101.080, 43.101.085, 43.101.095, 43.101.105,
43.101.115, 43.101.135, 43.101.145, 43.101.155, 43.101.157, 43.101.230, 43.101.390, 43.101.420,
34.12.035, 40.14.070, 43.101.380, 43.101.400, 41.56.905, 49.44.200, 41.06.040, and 43.101.200; adding a
new section to chapter 43.101 RCW; adding a new section to chapter 41.06 RCW; adding a new section to
chapter 10.93 RCW; creating new sections; repealing RCW 43.101.096, 43.101.106, 43.101.116, 43.101.136,
43.101.146, 43.101.156, and 43.101.180; and prescribing penalties. [This bill contains 41 pages of some new
requirements and existing language. The following contains the new/revised language to Pasco Police
Department]
o Section 1 has been amended to read in part
1) ((The term "commission")) "Applicant" means an individual who has received a conditional
offer of employment with a law enforcement or corrections agency.
2) "Commission" means the Washington state criminal justice training commission.
3) ((The term "criminal)) "Criminal justice personnel" means any person who serves ((in a
county, city, state, or port commission agency engaged in crime prevention, crime reduction,
or enforcement of the criminal law)) as a peace officer, reserve officer, or corrections officer.
Admin & Training
– Note Section 11 –
notify the
Commission within
15 days of
termination,
resignation, or
retirement.
Additionally, notify
in case of serious
injury caused by
use of force, and if
the officer is
charged with any
crime, and initial
disciplinary
decisions by the
agency. See
Training – 1 hour –
Provide training and
policy updates on
the changes to
peace officer and
corrections officers,
CJTC, and state
oversight and
accountability bill.
These amendments
will also require
updates in HR and
Department policy.
July 25, 2021
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4) ((The term "law)) "Law enforcement personnel" means any person elected, appointed, or
employed as a general authority Washington peace officer as defined in RCW 10.93.020.
7) ((A peace officer or corrections officer is "convicted")) "Convicted" means at the time a plea of
guilty, nolo contendere, or deferred sentence has been accepted, or a verdict of guilt y or
finding of guilt has been filed, notwithstanding the pendency of any future proceedings,
including but not limited to sentencing, post-trial or post-fact-finding motions and appeals.
"Conviction" includes ((a deferral of sentence)) 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 ((also includes the)) any equivalent disposition by a court in a jurisdiction
other than the state of Washington.
8) "Peace officer" ((means any law enforcement personnel subject to the basic law enforcement
training requirement of RCW 43.101.200 and any other requirements of that section,
notwithstanding any waiver or exemption granted by the commission, and notwithstanding the
statutory exemption based on date of initial hire under RCW 43.101.200)) 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.
9) "Corrections officer" means any corrections agency employee whose primary job function is to
provide for the custody, safety, and security of adult ((prisoners)) persons in jails and
detention facilities ((and who is subject to the basic corrections training requirement of RCW
43.101.220 and any other requirements of that section, notwithstanding any waiver or
exemption granted by the commission, and notwithstanding the statutory exemption based on
date of initial hire under RCW 43.101.220. For the purpose of RCW 43.101.080, 43.101.096,
43.101.106, 43.101.116, 43.101.121, 43.101.126, 43.101.136, 43.101.146, 43.101.156,
43.101.380, and 43.101.400, "corrections)) in the state. "Corrections officer" does not include
individuals employed by state agencies.
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) "Reserve officer" means any person who does not serve as a peace officer of this state on a
full-time basis, but who, when called by an agency into active service, is fully commissioned
on the same basis as full-time officers to enforce the criminal laws of this state and includes:
a) Specially commissioned Washington peace officers as defined in RCW 10.93.020;
b) Limited authority Washington peace officers as defined in RCW 10.93.020;
Section 19 on
record retention.
Review and amend
HR policies and
Chapter 31
Recruitment and
Selection Policy,
Chapter 33 Training
and Career
Development as
appropriate. [How
will notifications be
made to the
Commission?]
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c) Persons employed as security by public institutions of higher education as define d in
RCW 28B.10.016; and
d) Persons employed for the purpose of providing security in the K-12 Washington state
public school system as defined in RCW 28A.150.010 and who are authorized to use
force in fulfilling their responsibilities.
12) "Tribal police officer" means any person employed and commissioned by a tribal government
to enforce the criminal laws of that government.
o Section 2 – RCW 43.101.20 is amended to redefine the Commission
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 ((such)) the commission shall be to ((provide programs and standards for the
training of criminal justice personnel)) 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.
o Section 3 – RCW 43.101.030 has been amended in part to include:
▪ The commission shall consist ((sixteen)) 21 members ((, who shall be selected)) as follows:
1) The governor shall appoint:
a) ((two)): One incumbent sheriff ((s)) and ((two)) one incumbent chief((s)) of
police. (((2) The governor shall appoint one officer)) 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 ((a county))
two different law enforcement ((agency and one officer at or below the level of
first line supervisor from a municipal law enforcement agency. Each
appointee under this subsection (2) shall have at least ten years experience
as a law enforcement officer. (3) The governor shall appoint one)) 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;
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d) One person employed ((in a county correctional system and one person
employed in the state correctional system. (4) The governor shall appoint
one)) in a state or county corrections agency;
e) One incumbent county prosecuting attorney or municipal attorney ((. (5)
The governor shall appoint one)) 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 (((6) The governor shall appoint
two private citizens)) 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; ((. (7) The governor shall appoint one)); and
j) One tribal chair, board member, councilmember, or ((designee)) enrolled
member from a federally recognized tribe with an active certification
agreement under RCW 43.101.157 ((. (8) The three remaining members shall
be: (a))) 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; (((b) The special agent in
charge of the Seattle office of the federal bureau of investigation; and (c)))
3) The chief of the state patrol or the chief's designee.
o Section 4. RCW 43.101.040 and 2009 c 549 s 5167 are each amended to read as follows: 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 ((: PROVIDED, That of the)). However,
for members first appointed ((three shall be appointed for two year terms, three shall be appointed for
four year terms, and three shall be appointed for six year terms: PROVIDED, FURTHER, That the
terms of the two members appointed as incumbent police chiefs shall not expire in the same year nor
shall the terms of the two members appointed as representing correctional systems expire in the
same year nor shall the terms of the two members appointed as incumbent sheriffs expire in the same
year)) as a result of chapter . . ., Laws of 2021 (this act), the governor shall appoint members to terms
ranging from two years to six years in order to stagger future appointments. Any member chosen to fill
a vacancy created otherwise than by expiration of term shall be appointed for the unexpired term of
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the member ((he or she)) the appointee is to succeed. Any member may be reappointed for additional
terms.
o Section 5 RCW 43.101.060 is amended to include: The commission shall elect a chair and a vic e
chair from among its members. ((Seven)) Nine members of the commission shall constitute a quorum.
((The governor shall summon the commission to its first meeting. Meetings)) The commission shall
meet at least quarterly. Additional meetings may be called by the chair and shall be called by ((him or
her)) the chair upon the written request of six members.
o Section 6 RCW 43.101.080 and 2020 c 119 s 13 are each amended to read as follows:
▪ 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) (((8) To establish)) 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) (((9) To own)) Own, establish, and operate, or contract with other qualified institutions
or organizations for the operation of, training and education programs for criminal
justice personnel ((and to purchase, lease, or otherwise acquire, subject to the
approval of the department of enterprise services, a training facility or facilities
necessary to the conducting of such programs; (10) To establish, by rule and
regulation, minimum curriculum standards for all training programs conducted for
employed criminal justice personnel; (11) To review));
7) Review and approve or reject standards for instructors of training programs for
criminal justice personnel, and ((to)) 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; (((13) To review))
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9) Review and approve or reject training programs conducted for criminal justice
personnel and rules establishing and prescribing minimum training and education
standards ((recommended by the training standards and education boards )) including
continuing education;
10) (((14) To allocate)) Allocate financial resources among training and education
programs conducted by the commission;
11) (((15) To)) 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) (((16) To issue)) 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) (((17) To provide)) 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 ((citizens)) residents
of the state of Washington ((by allowing)) through commissioners and staff ((to
participate)) 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.
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19) Adopt, amend, repeal, and administer rules and regulations ((adopted by the
commission shall be adopted and administered)) pursuant to the administrative
procedure act, chapter 34.05 RCW, and the open public meetings act, chapter 42.30
RCW.
o Section 7 – RCW 43.101.085 and 2020 c 119 s 1 are each amended to read as follows:
▪ In addition to its other powers granted under this chapter, the commission has authority and
power to:
1) ((Adopt, amend, or repeal rules as necessary to carry out this chapter; (2))) 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 adminis ter oaths in connection with
investigations, hearings, or other proceedings held under this chapter, or designate
individuals to do so; and
5) (((3))) Employ such staff as necessary for the implementation 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; (((6) Grant, deny, or revoke
certification of peace officers and corrections officers under the provisions of this
chapter; (7) Designate individuals authorized to sign subpoenas and statements of
charges under the provisions of this chapter; (8) Employ such investigative,
administrative, and clerical staff as necessary for the enforcement of this chapter; and
(9) Grant, deny, or revoke certification of tribal police officers whose tribal
governments have agreed to participate in the tribal police officer certification
process)) 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.
o Section 8 – RCW 43.101.095 and 2018 c 32 s 5 are each amended to read as follows:
1) As a condition of ((continuing)) employment ((as peace officers)), all Washington peace
officers((: (a) Shall timely obtain certification as peace officers, or timely obtain certification or
exemption therefrom, by meeting all requirements of RCW 43.101.200, as that section is
administered under the rules of the commission, as well by meeting any add itional
requirements under this chapter; and (b) shall maintain the basic certification as peace
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officers under this chapter)) and corrections officers are required to obtain certification as a
peace officer or corrections officer or exemption therefrom and maintain certification as
required by this chapter and the rules of the commission.
2) (a) ((As a condition of continuing employment for any)) Any applicant who has been offered a
conditional offer of employment as a ((fully commissioned)) peace officer or ((a)) reserve
officer ((after July 24, 2005)) or offered a conditional offer of employment as a corrections
officer after July 1, 2021, including any person whose certification has lapsed as a result of a
break of more than ((twenty-four)) 24 consecutive months in the officer's service ((as a fully
commissioned peace officer or reserve officer, the applicant shall)) for a reason other than
being recalled to military service, must submit to a background investigation ((including a)) to
determine the applicant's suitability for employment. Employing agencies may only make a
conditional offer of employment pending completion of the background check and shall verify
in writing to the commission that they have complied with all background check requirements
prior to making any nonconditional offer of employment.
b) The background check must include:
i) A check of criminal history, ((verification)) any national decertification index,
commission records, and all disciplinary records by any previous law
enforcement or correctional employer, including complaints or investigations
of misconduct and the reason for separation from employment. Law
enforcement or correctional agencies that previously employed the applicant
shall disclose employment information within 30 days of receiving a written
request from the employing agency conducting the background investigation,
including the reason for the officer's separation from the agency. Complaints
or investigations of misconduct must be disclosed regardless of the result of
the investigation or whether the complaint was unfounded;
ii) Inquiry to the local prosecuting authority in any jurisdiction in which the
applicant has served as to whether the applicant is on any potential
impeachment disclosure list;
iii) Inquiry into whether the applicant has any past or present affiliations with
extremist organizations, as defined by the commission;
iv) A review of the applicant's social media accounts;
v) Verification of immigrant or citizenship status as either a citizen of the United
States of America or a lawful permanent resident;
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;
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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) ((Any other)) 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. (((b)))
c) The commission may establish standards for the background check requirements in
this section and any other preemployment background check requirement that may
be imposed by an employing agency or the commission.
d) The employing ((county, city, or state)) law enforcement agency may require that
each ((peace officer or reserve officer)) person who is required to take a
psychological examination and a polygraph or similar test pay a portion of the testing
fee based on the actual cost of the test or ((four hundred dollars)) $400, whichever is
less. ((County, city, and state law enforcement)) Employing agencies may establish a
payment plan if they determine that the ((peace officer or reserve officer)) person
does not readily have the means to pay ((for his or her portion of)) the testing fee.
3) ((The commission shall certify peace officers who have satisfied, or have been exempted by
statute or by rule from, the basic training requirements of RCW 43.101.200 on or before
January 1,2002. Thereafter, the commission may revoke certification pursuant to this chapter.
The commission shall allow a peace officer or corrections officer to retain status as a certified
peace officer or corrections officer as long as the officer: (a) Timely meets the basic ((law
enforcement)) training requirements, or is exempted therefrom, in whole or in part, under
RCW 43.101.200 or under rule of the commission; (b) timely meets or is exempted from any
other requirements under this chapter as administered under the rules adopted by the
commission; (c) is not denied certification by the commission under this chapter; and (d) has
not had certification suspended or revoked by the commission .
4) As a ((prerequisite to)) condition of certification, ((as well as a prerequisite to pursuit of a
hearing under RCW 43.101.155,)) a peace officer or corrections officer must, on a form
devised or adopted by the commission, authorize the release to the employing agency and
commission of ((his or her)) the officer's personnel files, including disciplinary, termination
((papers)), civil or criminal investigation ((files)), or other ((files, papers,)) records or
information that are directly related to a certification matter or decertification matter before the
commission. The peace officer or corrections officer must also 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.
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5) The employing agency and commission ((is)) are authorized to receive criminal history record
information that includes non-conviction data for any purpose associated with employment
((by the commission)) or ((peace officer)) certification under this chapter. Dissemination or
use of non-conviction 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, the employing agency shall certify to the commission that the agency has
completed the background check, no information has been found that would disqualify the
applicant from certification, and the applicant is suitable for employment as a peace officer or
corrections officer.
o Section 9 – RCW 43.101.105 and 2011 c 234 s 3 are each amended to read as follows:
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 w hen 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;
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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.
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;
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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).
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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.
o Section 10 – Sec. 10. RCW 43.101.115 and 2001 c 167 s 4 are each amended to read as follows:
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) 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.
5) 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.
6) 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.
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o Section 11 – RCW 43.101.135 and 2001 c 167 s 6 are each amended to read as follows:
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 was 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.
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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 th at 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.
o Section 12 – RCW 43.101.145 and 2001 c 167 s 8 are each amended to read as follows:
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.
o Section 13 – RCW 43.101.155 and 2001 c 167 s 9 are each amended to read as follows: 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
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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, whereupo n the commission may enter an
order under RCW 34.05.440. If a hearing is requested, the officer is required to provide an email
address that constitutes the officer's legal address for purposes of any subsequent communication
from the commission. Unless otherwise agreed to by the mutual agreement of the parties or for good
cause, within two weeks of receipt of the officer's request for a hearing, the commission shall set a
date for the hearing, which must be held within 90 days thereafter. On the date the hearing is set, the
commission shall transmit electronic 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.
o Section 14 – RCW 43.101.157 and 2006 c 22 s 2 are each amended to read as follows:
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 u nder 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 c onsultation 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.
o Section 15 – RCW 43.101.230 and 1981 c 134 s 1 are each amended to read as follows: Tribal police
officers and employees who are engaged in law enforcement activities and who do not qualify as
"criminal justice personnel" or "law enforcement personnel" under RCW 43.101.010 shall be provided
training under this chapter if: (a) The tribe is recognized by the federal government, and (b) the tribe
pays to the commission the full cost of providing such training. The commission shall place all money
received under this section into the criminal justice training account.
o Section 16 – RCW 43.101.390 and 2001 c 167 s 11 are each amended to read as follows:
1) The commission and individuals acting on behalf of the commission are immune from suit in
any civil or criminal action contesting or based upon proceedings or other official acts
performed in the course of their duties in the administration and enforcement of this chapter.
2) Without limiting the generality of the foregoing, the commission and individuals acting on
behalf of the commission are immune from suit in any civil action based on the certification,
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denial of certification, suspension, or other action regarding decertification of peace officers,
reserve officers, or corrections officers.
o Section 17 – RCW 43.101.420 and 2009 c 19 s 1 are each amended to read as follows:
1) The commission shall offer a training session on personal crisis recognition and crisis
intervention services to criminal justice, corrections, and other public safety employees. The
training shall be implemented by the commission in consultation with appropriate public and
private organizations that have expertise in crisis referral services and in the underlying
conditions leading to the need for crisis referral.
2) The training shall consist of a minimum of one hour of classroom or internet instruction, and
shall include instruction on the following subjects: (a) The description and underlying causes
of problems that may have an impact on the personal and professional lives of public safety
employees, including mental health issues, chemical dependency, domestic violence,
financial problems, and other personal crises; (b) Techniques by which public safety
employees may recognize the conditions listed in (a) of this subsection and understand the
need to seek assistance and obtain a referral for consultation and possible treatment; and (c)
A listing of examples of public and private crisis referral agencies available to public safety
employees.
3) The training developed by the commission shall be made available by the commission to all
employees of state and local agencies that perform public safety duties. The commission may
charge a reasonable fee to defer the cost of making the training available.
o Section 18 – RCW 34.12.035 and 1984 c 141 s 6 are each amended to read as follows: The chief
administrative law judge shall designate an administrative law judge with subject matter expertise to
serve, as the need arises, as presiding officer in: (1) State patrol disciplinary hearings conducted
under RCW 43.43.090; and (2) Decertification hearings conducted under RCW 43.101.380.
o Section 19 – RCW 40.14.070 and 2011 c 60 s 18 are each amended to read as follows:
o (a) Other than those records detailed in subsection (4) of this section, county, municipal, and
other local government agencies may request authority to destroy noncurrent public records
having no further administrative or legal value by submitting to the division of archives and
records management lists of such records on forms prepared by the division. The archivist, a
representative appointed by the state auditor, and a representative appointed by the attorney
general shall constitute a committee, known as the local records committee, which shall
review such lists and which may veto the destruction of any or all items contained therein. (b)
A local government agency, as an alternative to submitting lists, may elect to establish a
records control program based on recurring disposition schedules recommended by the
agency to the local records committee. The schedules are to be submitted on forms provided
by the division of archives and records management to the local records committee, which
may either veto, approve, or amend the schedule. Approval of such schedule o r amended
schedule shall be by unanimous vote of the local records committee. Upon such approval, the
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schedule shall constitute authority for the local government agency to destroy the records
listed thereon, after the required retention period, on a recurring basis until the schedule is
either amended or revised by the committee.
o (a) Except as otherwise provided by law, and other than the law enforcement records detailed
in subsection (4) of this section, no public records shall be destroyed until approved for
destruction by the local records committee. Official public records shall not be destroyed
unless:
i) The records are six or more years old;
ii) The department of origin of the records has made a satisfactory showing to
the state records committee that the retention of the records for a minimum of
six years is both unnecessary and uneconomical, particularly where lesser
federal retention periods for records generated by the state under federal
programs have been established; or
iii) The originals of official public records less than six years old have been
copied or reproduced by any photographic, photostatic, microfilm, miniature
photographic, or other process approved by the state archivist which
accurately reproduces or forms a durable medium for so reproducing the
original. An automatic reduction of retention periods from seven to six years
for official public records on record retention schedules existing on June 10,
1982, shall not be made, but the same shall be reviewed individually by the
local records committee for approval or disapproval of the change to a
retention period of six years. The state archivist may furnish appropriate
information, suggestions, and guidelines to local government agencies for
their assistance in the preparation of lists and schedu les or any other matter
relating to the retention, preservation, or destruction of records under this
chapter. The local records committee may adopt appropriate regulations
establishing procedures to be followed in such matters. Records of county,
municipal, or other local government agencies, designated by the archivist as
of primarily historical interest, may be transferred to a recognized depository
agency.
b) (i) Records of investigative reports prepared by any state, county, municipal, or other
law enforcement agency pertaining to sex offenders contained in chapter 9A.44 RCW
or sexually violent offenses as defined in RCW 71.09.020 that are not required in the
current operation of the law enforcement agency or for pending judicial proceedings
shall, following the expiration of the applicable schedule of the law enforcement
agency's retention of the records, be transferred to the Washington association of
sheriffs and police chiefs for permanent electronic retention and retrieval. Upon
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electronic retention of any document, the association shall be permitted to destroy the
paper copy of the document.
ii) Any sealed record transferred to the Washington association of sheriffs and
police chiefs for permanent electronic retention and retrieval, including
records sealed after transfer, shall be electronically retained in such a way
that the record is clearly marked as sealed.
iii) The Washington association of sheriffs and police chiefs shall be permitted to
destroy both the paper copy and electronic record of any offender verified as
deceased. Any record transferred to the Washington association of sheriffs
and police chiefs pursuant to (b) of this subsection shall be deemed to no
longer constitute a public record pursuant to RCW 42.56.010 and shall be
exempt from public disclosure. Such records shall be disseminated only to
criminal justice agencies as defined in RCW 10.97.030 for the purpose of
determining if a sex offender met the criteria of a sexually violent predator as
defined in chapter 71.09 RCW and the end-of-sentence review committee as
defined by RCW 72.09.345 for the purpose of fulfilling its duties under RCW
71.09.025 and 9.95.420. Electronic records marked as sealed shall only be
accessible by criminal justice agencies as defined in RCW 10.97.030 who
would otherwise have access to a sealed paper copy of the document, the
end-of-sentence review committee as defined by RCW 72.09.345 for the
purpose of fulfilling its duties under RCW 71.09.025 and 9.95.420, and the
system administrator for the purposes of system administration and
maintenance.
o Except as otherwise provided by law, county, municipal, and other local government agencies
may, as an alternative to destroying noncurrent public records having no further administrative
or legal value, donate the public records to the state library, local library, historical society,
genealogical society, or similar society or organization. Public records may not be donated
under this subsection unless:
a) The records are seventy years old or more;
b) The local records committee has approved the destruction of public records; and
c) The state archivist has determined that the public records 39 have no historic interest.
4) Personnel records for any peace officer or corrections officer must be retained for the duration
of the officer's employment and a minimum of 10 years thereafter. Such records include all
misconduct and equal employment opportunity complaints, progressive discipline imposed
including written reprimands, supervisor coaching, suspensions, involuntary transfers , other
disciplinary appeals and litigation records, and any other records needed to comply with the
requirements set forth in RCW 43.101.095 and 43.101.135.
o Section 20 – RCW 43.101.380 and 2020 c 119 s 10 are each amended to read as follows:
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1) 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.
2) In all hearings requested under RCW 43.101.155, an administrative law judge appointed
under chapter 34.12 RCW shall be the presiding officer, shall make all necessary r ulings in
the course of the hearing, and shall issue a proposed recommendation, but is not entitled to
vote. In addition, a five-member hearings panel shall hear the case and make the
commission's final administrative decision.
3) The commission shall appoint a panel to hear certification actions as follows:
a) 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) one certified
Washington peace officer who is at or below the level of first line supervisor and who
has 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 form er peace officer or corrections officer.
b) When a hearing is requested in relation to a certification action of a Washington
corrections officer, the commission shall appoint to the panel: (i) A person who heads
either a city or county corrections agency or facility or of a Washington state
department of corrections facility; (ii) one corrections officer who is at or below the
level of first line supervisor and who has 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. (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.
c) When a hearing is requested in relation to a certification action of a tribal police
officer, the commission shall appoint to the panel (i) one tribal police chief; (ii) one
tribal police officer who is at or below the level of first line supervisor, and who has 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
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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.
d) Persons appointed to hearings panels by the commission shall, in relation to any
certification action on which they sit, have the powers, duties, and immunities, and
are entitled to the emoluments, including travel expenses in accordance with RCW
43.03.050 and 43.03.060, of regular commission members.
4) In decertification matters where there was a due process hearing or a disciplinary appeals
hearing following an investigation by a law e nforcement 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.
5) 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.
6) The hearings, but not the deliberations of the hearings panel, are open to the publi c. 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.
7) Summary records of hearing dispositions must be made available on an annual basis on a
public website.
8) The commission's final administrative decision is subject to judicial review under RCW
34.05.510 through 34.05.598.
o Section 21 – RCW 43.101.400 and 2020 c 119 s 12 are each amended to read as follows:
1) Except as provided under subsection (2) of this section, all files, papers, and other information
obtained by the commission as part of an initial background investigation pursuant to RCW
43.101.095. (2) and (4) are confidential and exempt from public disclosure. Such records are
not subject to public disclosure, subpoena, or discovery proceedings in any civil action, except
as provided in RCW 43.101.380(6) or which become part of the record in a suspension or
decertification matter.
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2) Records which are otherwise confidential and exempt under subsection (1) of this section
may be reviewed and copied: (a) By the officer involved or the officer's counsel or authorized
representative, who may review the officer's file and may submit any additional exculpatory or
explanatory evidence, statements, or other information, any of which must be included in the
file; (b) by a duly authorized representative of (i) the agency of termination, or (ii) a current
employing law enforcement or corrections agency, which may review and copy its employee-
officer's file; or (c) by a representative of or investigator for the commission.
3) Records which are otherwise confidential and exempt under subsection (1) of this section
may also be inspected at the offices of the commission by a duly authorized representative of
a law enforcement or corrections agency considering an application for employment by a
person who is the subject of a record. A copy of records which are otherwise confidential and
exempt under subsection (1) of this section may later be obtained by an agency after it hires
the applicant. In all other cases under this subsection, the agency may not obtain a copy of
the record.
4) The commission shall maintain a database that is publicly searchable, machine readable, and
exportable, and accompanied by a complete, plain-language data dictionary describing the
names of officers and employing agencies, all conduct investigated, certifications denied,
notices and accompanying information provid ed by law enforcement or correctional agencies,
including the reasons for separation from the agency, decertification or suspension actions
pursued, and final disposition and the reasons therefor for at least 30 years after final
disposition of each incident. The dates for each material step of the process must be included.
Any decertification must be reported to the national decertification index.
5) 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 in
good faith.
o New Section 22 – A new section is added to chapter 43.101 RCW to read as follows: The
commission must develop policies, procedures, and rules to ensure that the goals of this act are fully
implemented as intended and in a timely manner, and to provide appropriate clarity to affected
persons and entities as to how the commission will process complaints, investigations, and hearings,
and impose sanctions, related to officer decertification. The commission must work in collaboration
with interested parties and entities in developing the policies, procedures, and rules, and must take
into account issues regarding when and how the commission may appropriately exercise aut hority in
relation to simultaneous investigations and disciplinary processes, and how the commission may
exercise available remedies in a manner that is appropriate to case circumstances and consistent with
the goals of this act. The policies, procedures, and rules must be completed by June 30, 2022.
o Section 23 – RCW 41.56.905 and 1983 c 287 s 5 are each amended to read as follows: The
provisions of this chapter are intended to be additional to other remedies and shall be liberally
construed to accomplish their purpose. Except as provided in RCW 53.18.015, 43.101.095, and
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43.101.135, if any provision of this chapter conflicts with any other statute, ordinance, rule or
regulation of any public employer, the provisions of this chapter shall control.
o Section 24 – RCW 49.44.200 and 2013 c 330 s 1 are each amended to read as follows:
1) An employer may not: (a) Request, require, or otherwise coerce an employee or applicant to
disclose login information for the employee's or applicant's personal social networking
account; (b) Request, require, or otherwise coerce an employee or applicant to access his or
her personal social networking account in the employer's presence in a manner that enables
the employer to observe the contents of the account; (c) Compel or coerce an employee or
applicant to add a person, including the employer, to the list of contacts associated with the
employee's or applicant's personal social networking account; (d) Request, require, or cause
an employee or applicant to alter the settings on his or her personal social networking account
that affect a third party's ability to view the contents of the account; or (e) Take adverse action
against an employee or applicant because the employee or applicant refuses to disclose his
or her login information, access his or her personal social networking account in the
employer's presence, add a person to the list of contacts associated with his or her personal
social networking account, or alter the settings on his or her personal social networking
account that affect a third party's ability to view the contents of the account.
2) This section does not apply to an employer's request or requirement that an employee share
content from his or her personal social networking account if the following condition s are met:
(a) The employer requests or requires the content to make a factual determination in the
course of conducting an investigation; (b) The employer undertakes the investigation in
response to receipt of information about the employee's activity on his or her personal social
networking account; (c) The purpose of the investigation is to: (i) Ensure compliance with
applicable laws, regulatory requirements, or prohibitions against work-related employee
misconduct; or (ii) investigate an allegation of unauthorized transfer of an employer's
proprietary information, confidential information, or financial data to the employee's personal
social networking account; and (d) The employer does not request or require the employee to
provide his or her login information.
3) This section does not:
a) Apply to a social network, intranet, or other technology platform that is intended
primarily to facilitate work-related information exchange, collaboration, or
communication by employees or other workers;
b) Prohibit an employer from requesting or requiring an employee to disclose login
information for access to: (i) An account or service provided by virtue of the
employee's employment relationship with the employer; or (ii) an electronic
communications device or online account paid for or supplied by the employer;
c) Prohibit an employer from enforcing existing personnel policies that do not conflict
with this section;
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d) Prevent an employer from complying with the requirements of state or federal
statutes, rules or regulations, case law, or rules of self-regulatory organizations; or
e) Apply to a background investigation in accordance with RCW 43.101.095. However,
the officer must not be required to provide login information.
4) If, through the use of an employer-provided electronic communications device or an electronic
device or program that monitors an employer's network, an employer inadvertently receives
an employee's login information, the employer is not liable for possessing the information but
may not use the login information to access the employee's personal social networking
account.
5) For the purposes of this section and RCW 49.44.205:
a) "Adverse action" means: Discharging, disciplining, or otherwise penalizing an
employee; threatening to discharge, discipline, or otherwise penalize an employee;
and failing or refusing to hire an applicant.
b) "Applicant" means an applicant for employment.
c) "Electronic communications device" means a device that uses electronic signals to
create, transmit, and receive information, including comput ers, telephones, personal
digital assistants, and other similar devices.
d) "Employer" means any person, firm, corporation, partnership, business trust, legal
representative, or other business entity which engages in any business, industry,
profession, or other activity in this state and employs one or more employees, and
includes the state, any state institution, state agency, political subdivisions of the
state, and any municipal corporation or quasi-municipal corporation. "Employer"
includes an agent, a representative, or a designee of the employer.
e) "Login information" means a username and password, a password, or other means of
authentication that protects access to a personal social networking account.
o Section 25 – RCW 41.06.040 and 1969 ex.s. c 36 s 22 are each amended to read as follows: The
provisions of this chapter apply to:
1) Each board, commission or other multimember body, including, but not limited to, those
consisting in whole or in part of elective officers;
2) Each agency, and each employee and position therein, not expressly excluded or exempted
under the provisions of RCW 41.06.070 or otherwise excluded or exempted in this chapter.
o New Section 26 – A new section is added to chapter 41.06 RCW to read as follows: In addition to the
exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply in the Washington
state criminal justice training commission to two confidential secretaries involved in managing the
confidential records under RCW 43.101.135 and 43.101.400.
o New Section 27 – No later than December 1, 2022, the criminal justice training commission shall
submit a written report to the governor and the appropriate committees of the legislature detailing
progress of implementation of this act.
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o New Section 28 – No later than December 1, 2021, the criminal justice training commission shall
submit a written report to the governor and the appropriate committees of the legislature detailing the
following:
1) The average total number of peace officers each year who must complete the basic law
enforcement academy training and the certification process without delay in order to begin
work as full-time officers;
2) The other categories of officers, and the average total number of such officers, who must
complete the basic law enforcement academy training, the certification process, or both, prior
to being authorized to enforce the criminal laws of this state on a part-time, as called-upon, or
volunteer basis;
3) Recommendations for amendments to update and align definitions and categorization of
types officers as set forth in statute and administrative rule, to eliminate ambiguity or
inconsistencies and provide better clarity for law enforcement agencies, the criminal justice
training commission, and the public as to the different types of officers, their authority, and
their obligations to fulfill the requirements of chapter 43.101 RCW and other chapters;
4) The current backlog for admission to the basic law enforcement academy and the approach
taken by the criminal justice training commission to prioritize admission to training when there
is insufficient capacity to meet the demand;
5) The current and projected need for the number of basic law enforcement academy classes in
order to meet the requirements of chapter 43.101 RCW and other chapters, and
recommended funding to meet the projected need; and
6) Any other related recommendations.
o New Section 29 – The following acts or parts of acts are each repealed:
1) RCW 43.101.096 (Corrections officer certification) and 2020 c 119 s 3;
2) RCW 43.101.106 (Denial or revocation of corrections officer certification) and 2020 c 119 s 4;
3) RCW 43.101.116 (Denial or revocation of corrections officer certification—Readmission to
academy—Reinstatement) and 2020 c 119 s 5;
4) RCW 43.101.136 (Termination of corrections officer— Notification to commission) and 2020 c
119 s 7;
5) RCW 43.101.146 (Written complaint by corrections officer or corrections agency to deny or
revoke corrections officer certification—Immunity of complainant) and 2020 c 119 s 8;
6) RCW 43.101.156 (Denial or revocation of corrections officer certification—Statement of
charges—Notice—Hearing) and 2020 c 119 s 9; and
7) RCW 43.101.180 (Priorities) and 1981 c 136 s 27 & 1974 ex.s. c 94 s 18.
o New Section 30 – A new section is added to chapter 10.93 RCW to read as follows: A general authority
Washington law enforcement agency or limited authority Washington law enforcement agency is
prohibited from considering the application for any office, place, position, or employment within the agency
if the applicant has not provided the agency a document, voluntarily and knowingly signed by the
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applicant, that authorizes each prior employer to release any and all information relating to the applicant's
employment, and further releasing and holding harmless the agency and each prior employ er from any
and all liability that may potentially result from the release and use of such information provided.
o Section 31 – RCW 43.101.200 and 2019 c 415 s 969 are each amended to read as follows:
1) 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 fifteen 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) 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 non-commuting attendees for seven
days per week, except during the 2017-2019 and 2019-2021 fiscal biennia when the
employing, county, city, or state law enforcement agency shall reimburse the commission for
twenty-five 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 ten or fewer 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 his or
her training period.
25 SSB 5055 • Law Enforcement Disciplinary Grievance Arbitration – AN ACT Relating to establishing a statewide roster
for arbitrating law enforcement personnel disciplinary grievances and publishing their decisions; amending
RCW 41.56.122, 41.56.125, 41.56.905, 36.65.050, 41.80.020, and 41.80.030; reenacting and amending RCW
41.56.030; and adding a new section to chapter 41.58 RCW.
o New Section 1 – A new section is added to chapter 41.58 RCW to read as follows:
1) For the purposes of this section, the definitions in this subsection have the meanings given
them.
a) "Employer" means a political subdivision or law enforcement agency employing law
enforcement personnel.
b) (i) "Law enforcement personnel" means: (A) Any individual employed, hired, or
otherwise commissioned to enforce criminal laws by any municipal, county, or state
Admin & HR,
ensure the new
language edits are
contained in
Department and
City personnel
management
policies.
Review and amend
Chapter 22
Personnel
Training – 1 hour –
Provide training to
commissioned
officers on changes
to the grievance
process.
July 25, 2021
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agency or department, or combination thereof, that has, as its primary function, the
enforcement of criminal laws in general, rather than the implementation or
enforcement of laws related to specialized subject matter areas. For the purposes of
this subsection (1)(b), officers employed, hired, or otherwise commissioned by the
department of fish and wildlife are considered law enforcement personnel. (B)
Corrections officers and community corrections officers employed by the department
of corrections. (ii) "Law enforcement personnel" does not include any individual hired
as an attorney to prosecute or litigate state or local criminal laws or ordinances, nor
any civilian individuals hired to do administrative work. (iii) For the purposes of this
subsection (1)(b), "primary function" means that function to which the greater
allocation of resources is made.
c) "Disciplinary grievance" means a dispute or disagreement regarding any disciplinary
action, discharge, or termination decision arising under a collective bargaining
agreement covering law enforcement personnel.
d) "Grievance arbitration" means binding arbitration of a disciplinary grievance under the
grievance procedures established in a collective bargaining agreement covering law
enforcement personnel.
2) (a) The arbitrator selection procedure established under this section applies to all grievance
arbitrations for disciplinary actions, discharges, or terminations of law enforcement personnel
which are heard on or after January 1, 2022. (b)(i) The grievance procedures for all collective
bargaining agreements covering law enforcement personnel negotiated or renewed on or
after January 1, 2022, must include the arbitrator selection procedure established in this
section if the collective bargaining agreement provides for arbitration as a means of resolving
grievances for disciplinary actions, discharges, or terminations. (ii) The provisions of
grievance procedures governing the appeal of disciplinary grievances in collective bargaining
agreements covering law enforcement personnel negotiated or renewed prior to January 1,
2022, that provide for arbitration but do not contain the arbitrator selection procedures
established in this section expire upon the expiration date of the collective bargaining
agreement and may not be extended or rolled over beyond the expiration date of the
collective bargaining agreement. (c) This section does not require any party to a collective
bargaining agreement in existence on the effective date of this section to reopen negotiations
of the agreement or to apply any of the rights and responsibilities under this act unless and
until the existing agreement is reopened or renegotiated by the parties or expires.
3) All fees charged by arbitrators under this section must be in accordance with a schedule of
fees established by the commission on an annual basis. The parties are responsible for
paying the arbitrator's fees as set forth in the parties' negotiated fee-sharing provisions of their
collective bargaining agreement or, in the absence of contractual fee-sharing provisions, shall
be borne equally by the parties.
Management
System Policy and
consider the impact
to the annual
Grievance Review
analysis.
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4) The commission must appoint a roster of a minimum of nine persons and a maximum of 18
persons suited and qualified by training and experience to act as arbitrators for law
enforcement personnel grievance arbitrations under this section.
a) The commission may only consider appointing persons who possess:
i) A minimum of six years' experience as a full-time labor relations advocate
and who has been the principal representative of either labor or management
in at least 10 arbitration proceedings;
ii) A minimum of six years' experience as a full-time labor mediator with
substantial mediation experience;
iii) A minimum of six years' experience as an arbitrator and who has decided at
least 10 cases involving collective bargaining disputes; or
iv) A minimum of six years' experience as a practitioner or full-time instructor of
labor law or industrial relations, including substantial content in the area of
collective bargaining, labor agreements, and contract administration.
b) In making these appointments, and as applicable, the commission must consider
these factors:
i) A candidate's familiarity, experience, and technical and theoretical
understanding of and experience with labor law, the grievance process, and
the field of labor arbitration;
ii) A candidate's ability and willingness to travel through the state, conduct
hearings in a fair and impartial manner, analyze and evaluate testimony and
exhibits, write clear and concise awards in a timely manner, and be available
for hearings within a reasonable time after the request of the parties;
iii) A candidate's experience and training in cultural competency, racism, implicit
bias, and recognizing and valuing community diversity and cultural
differences; and
iv) A candidate's familiarity and experience with the law enforcement profession,
including ride-alongs with on-duty officers, participation in a citizen's academy
conducted by a law enforcement agency, or other activities that provide
exposure to the environments, choices, and judgments required by officers in
the field.
5) The appointments are effective immediately upon selection by the commission. Except for
appointments subject to subsection (6) of this section, appointments are for three years to
expire on the first Monday in January.
6) The commission must make at least three of the initial appointments to the roster of
arbitrators for terms to expire on the first Monday in January 2024, at least three of the
appointments for terms to expire on the first Monday in January 2025, and at least three of the
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appointments for terms to expire on the first Monday in January 2026. The initial terms of
arbitrators appointed under this subsection may be for longer than three years.
7) Subsequent appointments to the roster of arbitrators must be for three-year terms to expire on
the first Monday in January, with the terms of no more than three arbitrators to expire in the
same year.
8) Nothing in this section prevents roster arbitrators from issuing decisions, or retaining
jurisdiction to address issues relating to remedy, after the expiration of their term, if the
arbitration hearing occurred during the term of their appointment.
9) An arbitrator may be reappointed to the roster upon expiration of the arbitrator's term. If the
arbitrator is not reappointed, the arbitrator may continue to serve until a successor is
appointed, but in no case later than July 1 st of the year in which the arbitrator's term expires.
10) The commission may remove an arbitrator from the roster through a majority vote. A vacancy
on the roster caused by a removal, a resignation, or another reason must be filled by the
commission as necessary to fill the remainder of the arbitrator's term. A vacancy on the roster
occurring with less than six months remaining in the arbitrator's term must be filled for the
existing term and the following three-year term.
11) A person appointed to the arbitrator roster under this section must complete training as
developed, implemented, and required by the executive director. The commission may adopt
rules establishing training requirements consistent with this section. The commission may
also establish fees in order to cover the costs of developing and providing the training. At a
minimum, an initial training must include:
a) At least six hours on the topics of cultural competency, racism, implicit bias, and
recognizing and valuing community diversity and cultural differences; and
b) At least six hours on topics related to the daily experience of law enforcement
personnel, which may include ride-alongs with on-duty officers, participation in a
citizen's academy conducted by a law enforcement agency, shoot/don't shoot training
provided by a law enforcement agency, or other activities that provide exposure to the
environments, choices, and judgments required of officers in the field. For the
purposes of this subsection (11)(b), "shoot/don't shoot training" means an interactive
firearms training that simulates real-world scenarios to train law enforcement
personnel on the use of force.
12) An arbitrator appointed to the roster of arbitrators must complete the required initial training
within six months of the arbitrator's appointment.
13) (a) The executive director must assign an arbitrator or panel of arbitrators from the roster to
each law enforcement personnel grievance arbitration under this section on rotation through
the roster alphabetically ordered by last name. (i) If the arbitrator is unable to hear the case
within three months from the request for an arbitrator, the executive director must appoint the
next arbitrator from the roster alphabetically. (ii) If an arbitrator has a conflict of interest that
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may reasonably be expected to materially impact the arbitrator's impartiality, the arbitrator
must disclose such conflict to the executive director. The executive director may determine
whether the conflict merits assigning the next arbitrator on the roster. Either party may petition
the executive director to have an assigned arbitrator removed due to a conflict of interest that
may reasonably be expected to materially impact the arbitrator's impartiality. If their petition is
granted by the executive director, the executive director must assign the next arbitrator or
panel of arbitrators on the roster. (b) The arbitrator or panel of arbitrators shall d ecide the
disciplinary grievance, and the decision is binding subject to the provisions of chapter 7.04A
RCW. (c) The parties may not participate in, negotiate for, or agree to the selection of an
arbitrator or arbitration panel under this section. Employers and law enforcement personnel,
through their certified exclusive bargaining representatives, do not have the right to negotiate
for or agree to a collective bargaining agreement or a grievance arbitration selection
procedure that is inconsistent with this section, if the collective bargaining agreement provides
for arbitration as a means of resolving grievances for disciplinary actions, discharges, or
terminations.
14) The commission must post law enforcement grievance arbitration decisions made under this
section on its website within 30 days of the date the grievance arbitration decision is made,
with names of grievants and witnesses redacted.
15) The arbitrator selection procedure for law enforcement grievance arbitrations established
under this section supersedes any inconsistent provisions in any other chapter governing
employee relations and collective bargaining for law enforcement personnel.
o Section 2 – RCW 41.56.122 and 2019 c 230 s 11 are each amended to read as follows: Subject to
section 1 of this act, a collective bargaining agreement may provide for binding arbitration of a labor
dispute arising from the application or the interpretation of the matters contained in a collective
bargaining agreement.
o Section 3 – RCW 41.56.125 and 1975 1st ex.s. 296 s 23 are each amended to read as follows:
Except for law enforcement personnel grievance arbitrations subject to section 1 of this act, in addition
to any other method for selecting arbitrators, the parties may request the public employment relations
commission to, and the commission shall, appoint a qualified person who may be an employee of the
commission to act as an arbitrator to assist in the resolution of a labor dispute between such public
employer and such bargaining representative arising from the application of the matters contained in a
collective bargaining agreement. The arbitrator shall conduct such arbitration of such dispute in a
manner as provided for in the collective bargaining agreement: PROVIDED, That the commission
shall not collect any fees or charges from such public employer or such bargaining representative for
services performed by the commission under the provisions of this chapter: PROVIDED FURTHER,
That the provisions of chapter 49.08 RCW shall have no application to this chapter.
o Section 4 – RCW 41.56.905 and 1983 c 287 s 5 are each amended to read as follows: The provisions
of this chapter are intended to be additional to other remedies and shall be liberally construed to
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accomplish their purpose. Except as provided in RCW 53.18.015 and section 1 of this act, if any
provision of this chapter conflicts with any other statute, ordinance, rule or regulation of any public
employer, the provisions of this chapter shall control.
o Section 5 – RCW 36.65.050 and 1984 c 91 s 5 are each amende d to read as follows: Subject to the
requirements of RCW 41.56.100 and section 1 of this act, if the city-county government includes a fire
protection or law enforcement unit that was, prior to the formation of the city-county, governed by a
state statute providing for binding arbitration in collective bargaining, then the entire fire protection or
law enforcement unit of the city-county shall be governed by that statute.
o Section 6 – RCW 41.80.020 and 2015 3rd sp.s. c 1 s 318 are each amended to read as fol lows:
1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages,
hours, and other terms and conditions of employment, and the negotiation of any question
arising under a collective bargaining agreement.
2) The employer is not required to bargain over matters pertaining to: (a) Health care benefits or
other employee insurance benefits, except as required in subsection (3) of this section; (b)
Any retirement system or retirement benefit; or (c) Rules of the director of financial
management, the director of enterprise services, or the Washington personnel resources
board adopted under RCW 41.06.157.
3) Matters subject to bargaining include the number of names to be certified for vacancies,
promotional preferences, and the dollar amount expended on behalf of each employee for
health care benefits. However, except as provided otherwise in this subsection for institutions
of higher education, negotiations regarding the number of names to be certified for vacancies,
promotional preferences, and the dollar amount expended on behalf of each employee for
health care benefits shall be conducted between the employer and one coalition of all the
exclusive bargaining representatives subject to this chapter. The exclusive bargainin g
representatives for employees that are subject to chapter 47.64 RCW shall bargain the dollar
amount expended on behalf of each employee for health care benefits with the employer as
part of the coalition under this subsection. Any such provision agreed t o by the employer and
the coalition shall be included in all master collective bargaining agreements negotiated by the
parties. For institutions of higher education, promotional preferences and the number of
names to be certified for vacancies shall be bargained under the provisions of RCW
41.80.010(4). For agreements covering the 2013-2015 fiscal biennium, any agreement
between the employer and the coalition regarding the dollar amount expended on behalf of
each employee for health care benefits is a separate agreement and shall not be included in
the master collective bargaining agreements negotiated by the parties.
4) The employer and the exclusive bargaining representative shall not agree to any proposal that
would prevent the implementation of approved affirmative action plans or that would be
inconsistent with the comparable worth agreement that provided the basis for the salary
changes implemented beginning with the 1983-1985 biennium to achieve comparable worth.
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5) The employer and the exclusive bargaining representative shall not bargain over matters
pertaining to management rights established in RCW 41.80.040.
6) Except as otherwise provided in this chapter, if a conflict exists between an executive order,
administrative rule, or agency policy relating to wages, hours, and terms and conditions of
employment and a collective bargaining agreement negotiated under this chapter, the
collective bargaining agreement shall prevail. A provision of a collective bargaining agreement
that conflicts with the terms of a statute is invalid and unenforceable.
7) This section does not prohibit bargaining that affects contracts authorized by RCW 41.06.142.
8) Section 1 of this act applies to uniformed personnel.
o Section 7 – RCW41.56.030 and2020 c 298 s 1 and 2020 c 289 s 1 are each reenacted and amended
to read as follows: As used in this chapter:
1) "Adult family home provider" means a provider as defined in RCW 70.128.010 who receives
payments from the Medicaid and state- funded long-term care programs.
2) "Bargaining representative" means any lawful organization which has as one of its primary
purposes the representation of employees in their employment relations with employers.
3) "Childcare subsidy" means a payment from the state through a child care subsidy program
established pursuant to RCW 74.12.340, 45 C.F.R. Sec. 98.1 through 98.17, or any
successor program.
4) "Collective bargaining" means the performance of the mutual obligations of the public
employer and the exclusive bargaining representative to meet at reasonable times, to confer
and negotiate in good faith, and to execute a written agreement with respect to grievance
procedures, subject to section 1 of this act, and collective negotiations on personnel matters,
including wages, hours, and working conditions, which may be peculiar to an appropriate
bargaining unit of such public employer, except that by such obligation neither party shall be
compelled to agree to a proposal or be required to make a concession unless otherwise
provided in this chapter.
5) "Commission" means the public employment relations commission.
6) "Executive director" means the executive director of the commission.
7) "Family child care provider" means a person who: (a) Provides regularly scheduled care for a
child or children in the home of the provider or in the home of the child or children for periods
of less than twenty-four hours or, if necessary due to the nature of the parent's work, for
periods equal to or greater than twenty-four hours; (b) receives child care subsidies; and (c)
under chapter 43.216 RCW, is either licensed by the state or is exempt from licensing.
8) "Fish and wildlife officer" means a fish and wildlife officer as defined in RCW 77.08.010 who
ranks below Lieutenant and includes officers, Detectives, and Sergeants of the department of
fish and wildlife.
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9) "Individual provider" means an individual provider as defined in RCW 74.39A.240(3) who,
solely for the purposes of collective bargaining, is a public employee as provided in RCW
74.39A.270.
10) "Institution of higher education" means the University of Washington, Washington State
University, Central Washington University, Eastern Washington University, Western
Washington University, The Evergreen State College, and the various state community
colleges.
11) (a) "Language access provider" means any independent contractor who provides spoken
language interpreter services, whether paid by a broker, language access agency, or the
respective department: (i) For department of social and health services appointments,
department of children, youth, and families appointments, Medicaid enrollee appointments, or
who provided these services on or after January 1, 2011, and before June 10, 2012; (ii) For
department of labor and industries authorized medical and vocational providers who provided
these services on or after January 1, 2019; or (iii) For state agencies who provided these
services on or after January 1, 2019. (b) "Language access provider" does not mean a
manager or employee of a broker or a language access agency.
12) "Public employee" means any employee of a public employer except any person (a) elected
by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a
specified term of office as a member of a multimember board, commission, or committee,
whether appointed by the executive head or body of the public employer, or (c) whose duties
as deputy, administrative assistant or secretary necessarily imply a confidential relationship to
(i) the executive head or body of the applicable bargaining unit, or (ii) any person elected by
popular vote, or (iii) any person appointed to office pursuant to statute, ordinance or resolution
for a specified term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the public employer, or (d)
who is a court commissioner or a court magistrate of superior court, district court, or a
department of a district court organized under chapter 3.46 RCW, or (e) who is a personal
assistant to a district court judge, superior court judge, or court commissioner. For the
purpose of (e) of this subsection, no more than one assistant for each judge or commissioner
may be excluded from a bargaining unit.
13) "Public employer" means any officer, board, commission, council, or other person or body
acting on behalf of any public body governed by this chapter, or any subdivision of such public
body. For the purposes of this section, the public employer of district court or superior court
employees for wage-related matters is the respective county legislative authority, or person or
body acting on behalf of the legislative authority, and the public employer for nonwage -related
matters is the judge or judge's designee of the respective district court or superior court.
14) "Uniformed personnel" means: (a) Law enforcement officers as defined in RCW 41.26.030
employed by the governing body of any city or town with a population of two thousand five
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hundred or more and law enforcement officers employed by the governing body of any county
with a population of ten thousand or more; (b) correctional employees who are uniformed and
nonuniformed, commissioned and noncommissioned security personnel employed in a jail as
defined in RCW 70.48.020(9), by a county with a population of seventy thousand or more, in a
correctional facility created under RCW 70.48.095, or in a detention facility created under
chapter 13.40 RCW that is located in a county with a population over one million five hundred
thousand, and who are trained for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding inmates from other inmates; (c)
general authority Washington peace officers as defined in RCW 10.93.020 employed by a
port district in a county with a population of one million or more; (d) security forces established
under RCW 43.52.520; (e) firefighters as that term is defined in RCW 41.26.030; (f)
employees of a port district in a county with a population of one million or more whose duties
include crash fire rescue or other firefighting duties; (g) employees of fire departments of
public employers who dispatch exclusively either fire or emergency medical services, or both;
(h) employees in the several classes of advanced life support technicians, as defined in RCW
18.71.200, who are employed by a public employer; or (i) court marshals of any county who
are employed by, trained for, and commissioned by the county sheriff and charged with the
responsibility of enforcing laws, protecting and maintaining security in all county-owned or
contracted property, and performing any other duties assigned to them by the county sheriff or
mandated by judicial order.
o Section 8 – RCW 41.80.030 and 2002 c 354 s 304 are each amended to read as follows:
1) The parties to a collective bargaining agreement shall reduce the agreement to writing and
both shall execute it.
2) Except as provided in section 1 of this act and RCW 41.80.020, a collective bargaining
agreement shall contain provisions that: (a) Provide for a grievance procedure that culminates
with final and binding arbitration of all disputes arising over the interpretation or application of
the collective bargaining agreement and that is valid and enforceable under its terms when
entered into in accordance with this chapter; and (b) Require processing of disciplinary
actions or terminations of employment of employees covered by the collective bargaining
agreement entirely under the procedures of the collective bargaining agreement. Any
employee, when fully reinstated, shall be guaranteed all employee rights and benefits,
including back pay, sick leave, vacation accrual, and retirement and federal old age,
survivors, and disability insurance act credits, but without back pay for any period of
suspension.
3) (a) If a collective bargaining agreement between an employer and an exclusive bargaining
representative is concluded after the termination date of the previous collective bargaining
agreement between the employer and an employee organization representing the same
bargaining units, the effective date of the collective bargaining agreement may be the day
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after the termination of the previous collective bargaining agreement, and all benefits included
in the new collective bargaining agreement, including wage or salary increases, may accrue
beginning with that effective date. (b) If a collective bargaining agreement between an
employer and an exclusive bargaining representative is concluded after the termination date
of the previous collective bargaining agreement between the employer and the exclusive
bargaining representative representing different bargaining units, the effective date of the
collective bargaining agreement may be the day after the termination date of whichever
previous collective bargaining agreement covering one or more of the units termina ted first,
and all benefits included in the new collective bargaining agreement, including wage or salary
increases, may accrue beginning with that effective date.
26 SSB 5066 • Peace Officers – Duty to Intervene – AN ACT Relating to a peace officer's duty to intervene; adding a new
section to chapter 10.93 RCW; and adding a new section to chapter 43.101 RCW.
o New Section 1 – A new section is added to chapter 10.93.900 RCW to read as follows:
1) Any identifiable on-duty peace officer who witnesses another peace officer engaging or
attempting to engage in the use of excessive force against another person shall intervene
when in a position to do so to end the use of excessive force or attempted use of excessive
force, or to prevent the further use of excessive force. A peace officer shall also render aid at
the earliest safe opportunity in accordance with RCW 36.28A.445, to any person injured as a
result of the use of force.
2) Any identifiable on-duty peace officer who witnesses any wrongdoing committed by another
peace officer or has a good faith reasonable belief that another peace officer committed
wrongdoing, shall report such wrongdoing to the witnessing officer's supervisor or other
supervisory peace officer in accordance with the witnessing peace officer's employing
agency's policies and procedures for reporting such acts committed by a peace officer.
3) A member of a law enforcement agency shall not discipline or retaliate in any way against a
peace officer for intervening in good faith or for reporting wrongdoing in good faith as required
by this section.
4) A law enforcement agency shall send notice to the criminal justice training commission of any
disciplinary decision resulting from a peace officer's failure to intervene or failure to report as
required by this section to determine whether the officer's conduct may be grounds for
suspension or revocation of certification under RCW 43.101.105.
5) For purposes of this section: (a) "Excessive force" means force that exceeds the force
permitted by law or policy of the witnessing officer's agency. (b) "Peace officer" refers to any
general authority Washington peace officer. (c) "Wrongdoing" means conduct that is contrary
to law or contrary to the policies of the witnessing officer's agency, provided that the conduct
is not de minimis or technical in nature.
o New Section 2 – A new section is added to chapter 43.101 RCW to read as follows:
Admin and
Training – Review
and amend Chapter
1 Law Enforcement
Role & Authority
Policy and the UoF
Procedure Manual
as appropriate.
Training – 2 hours
– Update policy and
training as it relates
to a peace officer’s
duty to intervene.
How will the internal
reporting process
look? Who reviews
reports?
July 25, 2021
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1) By December 1, 2021, the Washington state criminal justice training commission, in
consultation with the Washington state patrol, the Washington association of sheriffs and
police chiefs, and organizations representing state and local law enforcement officers, shall
develop a written model policy on the duty to intervene, consistent with the provisions of
section 1 of this act.
2) By June 1, 2022, every state, county, and municipal law enforcement agency shall adopt and
implement a written duty to intervene policy. The policy adopted may be the model policy
developed under subsection (1) of this section. However, any policy adopted must, at a
minimum, be consistent with the provisions of section 1 of this act.
3) By January 31, 2022, the commission shall incorporate training on the duty to intervene in the
basic law enforcement training curriculum. Peace officers who completed basic law
enforcement training prior to January 31, 2022, must receive training on the duty to intervene
by December 31, 2023.
27 SSB 5073
Also see SSB
5073
Involuntary
Commitments
• Provide updated training and update policy as needed regarding the process of handling involuntary
commitments.
Admin and
Training – Review
and amend the
Field Operations
Procedure –
Referring Subjects
for Involuntary
Mental Evaluations
Policy as
appropriate.
Training – 4 hours
– Provide training to
commissioned
officers on changes
to law.
July 25, 2021—
Except for sections
2, 4, 7, 9, 11, 15,
32, and 34, which
take effect July 1,
2026; sections 21
and 26, which take
effect July 1, 2022;
sections 22, 23, 27,
and 28, which are
contingent; and
sections 25 and 31,
which take effect
May 12, 2021
28 ESSB 5115 • Labor Standards – Public Health Emergencies (e.g., COVID-19) – AN ACT Relating to establishing health
emergency labor standards; adding a new section to chapter 51.32 RCW; (51.32.390)adding new sections to
chapter 49.17 RCW (49.17.490); creating a new section; and declaring an emergency. [NOTE – peace
officers are considered “front line workers”].
Admin & HR –
Review the
amendments to
existing law
regarding labor
standards during
public health
emergencies,
update policy and
MOUs as
applicable.
Training – (Provide
handout of
amendments.)
Review and amend
the Franklin County
Comprehensive
Emergency
Management Plan
as appropriate.
May 11, 2021
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29 ESB 5135 • Unlawful Summoning of a Police Officer – AN ACT Relating to unlawfully summoning a police officer; and
adding a new section to chapter 4.24 RCW.
o New Section 1 – A new section is added to chapter 4.24 RCW to read as follows:
1) A person may bring a civil action for damages against any person who knowingly causes a
law enforcement officer to arrive at a location to contact another person with the intent to: (a)
Infringe on the other person's rights under the Washington state or United States
Constitutions; (b) Unlawfully discriminate against the other person; (c) Cause the other person
to feel harassed, humiliated, or embarrassed; (d) Cause the other person to be expelled from
a place in which person is lawfully located; or (e) Damage the other person's:
i) Reputation or standing in the community; or
ii) Financial, economic, consumer, or business prospects or interests.
2) A person shall not be held liable under subsection (1) of this section if the person acted in
good faith in causing a law enforcement officer to arrive.
3) Upon prevailing in an action under this section, the plaintiff may recover: (a) The greater of: (i)
economic and noneconomic damages; or (ii) $250 against each defendant found liable under
this section; and (b) Punitive damages.
4) The court may award reasonable attorneys' fees and costs to prevailing plaintiff in an action
under this section.
5) A civil action under this section: (a) May be maintained in a court of limited jurisdiction if the if
the total damages claimed do not exceed the statutory limit for damages that the court of
limited jurisdiction may award; and (b) Does not affect the right or remedy available under any
other law of this state.
Training Training – 0.5 –
Provide training to all
peace officers
regarding “The
Unlawful
Summoning of a
Police Officer.”
July 25, 2021
30 SB 5177 • Sex Offenses – Non-Marriage Element – AN ACT Relating to eliminating proof of nonmarriage as an
element of a sex offense; amending RCW 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083,
9A.44.086, 9A.44.089, 9A.44.093, 9A.44.096, and 9A.44.100; and declaring an emergency.
o Section 1 – RCW 9A.44.050 and 2007 c 20 s 1 are each amended to read as follows:
1) A person is guilty of rape in the second degree when, under circumstances not constituting
rape in the first degree, the person engages in sexual intercourse with another person:
a) By forcible compulsion;
b) When the victim is incapable of consent by reason of being physically helpless or
mentally incapacitated;
c) When the victim is a person with a developmental disability and the perpetrator is a
person who ((is not married to the victim who)):
i) Has supervisory authority over the victim; or
ii) Was providing transportation, within the course of his or employment, to the
victim at the time of the offense;
d) When the perpetrator is a health care provider, the victim is a client or patient, and the
sexual intercourse occurs during a treatment session, consultation, interview, or
Training – Review
and amend the
Domestic Violence
Procedures
procedure as
appropriate.
Training – 1 hour –
Provide training to
patrol and
investigations
officers relating to
changes in sex
offense relationships
and alike –
coordinate training
with the DA Office.
April 26, 2021
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examination. It is an affirmative defense that the defendant must prove by a
preponderance of the evidence that the client or patient consented to the sexual
intercourse with the knowledge that the sexual intercourse was not for th e purpose of
treatment;
e) When the victim is a resident of a facility for persons with a mental disorder or
chemical dependency and the perpetrator is a person who ((is not married to the
victim and)) has supervisory authority over the victim; or
f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who
((is not married to the victim and who)):
i) Has a significant relationship with the victim; or
ii) Was providing transportation, within the course of his or employment, to the
victim at the time of the offense.
2) Rape in the second degree is a class A felony.
o Section 2 – RCW 9A.44.073 and 1988 c 145 s 2 are each amended to read as follows:
1) A person is guilty of rape of a child in the first degree when the person has sexual intercourse
with another who is less than twelve years old ((and not married to the perpetrator)) and the
perpetrator is least twenty-four months older than the victim.
2) Rape of a child in the first degree is a class A felony.
o Section 3 – RCW 9A.44.076 and 1990 c 3 s 903 are each amended to read as follows:
1) A person is guilty of rape of a child in the second degree when the person has sexual
intercourse with another who is at least twelve years old but less than fourteen years old ((and
not married to the perpetrator)) and the perpetrator is at least thirty-six months older than the
victim.
2) Rape of a child in the second degree is a class A felony.
o Section 4 – RCW 9A.44.079 and 1988 c 145 s 4 are each amended to as follows:
1) A person is guilty of rape of a child in the third degree when the person has sexual int ercourse
with another who is at least fourteen years old but less than sixteen years old ((and not
married to the perpetrator)) and the perpetrator is at least forty-eight months older than the
victim.
2) Rape of a child in the third degree is a class C felony.
o Section 5 – RCW 9A.44.083 and 1994 c 271 s 303 are each amended to read as follows:
1) A person is guilty of child molestation in the first degree when the person has, or knowingly
causes another person under the age of eighteen to have, sexual contac t with another who is
less than twelve years old ((and not married to the perpetrator)) and the perpetrator is at least
thirty-six months older than the victim.
2) Child molestation in the first degree is a class A felony.
o Section 6 – RCW 9A.44.086 and 1994 c 271 s 304 are each amended to read as follows:
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1) A person is guilty of child molestation in the second degree when the person has, or
knowingly causes another person under the age of eighteen to have, sexual contact with
another who is at least twelve years old but less than fourteen years old and the perpetrator is
at least thirty-six months older than the victim.
2) Child molestation in the second degree is a class B felony.
o Section 7 – RCW 9A.44.089 and 1994 c 271 s 305 are each amended to read as follows:
1) A person is guilty of child molestation in the third degree when the person has, or knowingly
causes another person under the age of eighteen to have sexual contact with another who is
at least fourteen years old but less than sixteen years old ((and not married to the
perpetrator)) and the perpetrator is at least forty-eight months older than the victim.
2) Child molestation in the third degree is a class C felony.
o Section 8 – RCW 9A.44.093 and 2009 c 324 s 1 are each amended to read as follows:
1) A person is guilty of sexual misconduct with a minor in the first degree when: (a) The person
has, or knowingly causes another person under the age of eighteen to have, sexual
intercourse with another person who is at least sixteen years old but less than eighteen years
old ((and not married to the perpetrator)), if the perpetrator is at least sixty months older than
the victim, is in a significant relationship to the victim, and abuses a supervisory position
within that relationship in order to engage in or cause another person under the age of
eighteen to engage in sexual intercourse with the victim; (b) the person is a school employee
who has, or knowingly causes another person under the age of eighteen to have sexual
intercourse with an enrolled student of the school who is at least sixteen years old and not
more than twenty-one years old ((and not married to the employee)), if the employee is at
least sixty months older than the student; or (c) the person is a foster parent who has, or
knowingly causes another person under the age of eighteen to have sexual intercourse with
his or her foster child who is at least sixteen.
2) Sexual misconduct with a minor in the first degree is a class C felony.
3) For the purposes of this section: (a) "Enrolled student" means any student enrolled at or
attending a program hosted or sponsored by a common school as defined in RCW
28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a
private school under chapter 28A.195 RCW, or any person who receives home-based
instruction under chapter 28A.200 RCW. (b) "School employee" means an employee of a
common school defined in RCW 28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW, who is not enrolled as a student of
the common school or private school.
o Section 9 – RCW 9A.44.096 and 2009 c 324 s 2 are each amended to read as follows:
1) A person is guilty of sexual misconduct with a minor in the second degree when: (a) The
person has, or knowingly causes another person under the age of eighteen to have sexual
contact with another person who is at least sixteen years old but less than eighteen years old
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((and not married to the perpetrator)), if the perpetrator is at least sixty months older than the
victim, is in a significant relationship to the victim, and abuses a supervisory position within
that relationship in order to engage in or cause another person under the age of eighteen to
engage in sexual contact with the victim; (b) the person is a school employee wh o has, or
knowingly causes another person under the age of eighteen to have sexual contact with an
enrolled student of the school who is at least sixteen years old and not more than twenty -one
years old ((and not married to the employee)), if the employee is at least sixty months older
than the student; or (c) the person is a foster parent who has, or knowingly causes another
person under the age of eighteen to have sexual contact with his or her foster child who is at
least sixteen.
2) Sexual misconduct with a minor in the second degree is a gross misdemeanor.
3) For the purposes of this section: (a) "Enrolled student" means any student enrolled at or
attending a program hosted or sponsored by a common school as defined in RCW
28A.150.020, or a student enrolled at or attending a program hosted or sponsored by a
private school under chapter 28A.195 RCW, or any person who receives home-based
instruction under chapter 28A.200 RCW. (b) "School employee" means an employee of a
common school defined in RCW 28A.150.020, or a grade kindergarten through twelve
employee of a private school under chapter 28A.195 RCW, who is not enrolled as a student of
the common school or private school.
o Section 10 – RCW 9A.44.100 and 2013 c 94 s 2 are each amended to read as follows:
1) A person is guilty of indecent liberties when he or she knowingly causes another person to
have sexual contact with him or her or another: (a) By forcible compulsion; (b) When the other
person is incapable of consent by reason of being mentally defective, ment ally incapacitated,
or physically helpless; (c) When the victim is a person with a developmental disability and the
perpetrator is a person who: ((is not married to the victim who)): Has supervisory authority
over the victim; or Was providing transportation, within the course of his or employment, to the
victim at the time of the offense; (d) When the perpetrator is a health care provider, the victim
is a client or patient, and the sexual contact occurs during a treatment session, consultation,
interview, or examination. It is an affirmative defense that the defendant must prove by a
preponderance of the evidence that the client or patient consented to the sexual contact with
the knowledge that the sexual contact was not for the purpose of treatment; (e) Whe n the
victim is a resident of a facility for persons with a mental disorder or chemical dependency
and the perpetrator is a person who has supervisory authority over the victim; or (f) When the
victim is a frail elder or vulnerable adult and the perpetrator is a person who:
i) Has a significant relationship with the victim; or
ii) Was providing transportation, within the course of his or her employment, to the victim
at the time of the offense.
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2) (a) Except as provided in (b) of this subsection, indecent liberties is a class B felony. (b)
Indecent liberties by forcible compulsion is a class A felony.
o New Section 11 – This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions, and takes effect
immediately.
2SSB 5183 • Nonfatal Strangulation Victims – AN ACT Relating to victims of nonfatal strangulation; adding a new section
to chapter 43.280 RCW; adding a new section to chapter 7.68 RCW; creating a new section; and providing
expiration dates.
o New Section 1 – The legislature finds that nonfatal strangulation is among the most dangerous acts
of domestic violence and sexual assault. Strangulation involves external compre ssion of the victim's
airway and blood vessels, causing reduced air and blood flow to the brain. Victims may show no or
minimal external signs of injury despite having life-threatening internal injuries including traumatic
brain injury. Injuries may present after the assault or much later and may persist for months and even
years post-assault. Victims who are strangled multiple times face a greater risk of traumatic brain
injury. Traumatic brain injury symptoms are often not recognized as assault-related and may include
cognitive difficulties such as decreased ability to concentrate, make decisions, and solve problems.
Traumatic brain injury symptoms may also include behavior and personality changes such as
irritability, impulsivity, and mood swings. Domestic violence victims who have been nonfatally
strangled are eight times more likely to become a subsequent victim of homicide at the hands of the
same abusive partner. Research shows that previous acts of strangulation are a unique and
substantial predictor of attempted and completed homicide against an intimate partner. For years,
forensic nurses in Washington have provided high-level care to sexual assault victims. Forensic
nurses are also trained in medical evaluation of nonfatal strangulation, but only pr ovide this evaluation
in cases of sexual assault involving strangulation, as crime victims' compensation will not reimburse in
nonsexual assault cases. Strangulation affects victims physically and psychologically.
These victims deserve a higher standard of response and medical care. Allowing crime victims
compensation to reimburse for forensic nurse examinations for victims of domestic violence
strangulation will provide a better, more victim-centered response in the most dangerous of domestic
violence felony cases.
o New Section 2 – A new section is added to chapter 43.280 RCW to read as follows:
1) The office of crime victims advocacy shall develop best practices that local communities may
use on a voluntary basis to create more access to forensic nurse examiners in cases of
nonfatal strangulation assault including, but not limited to, partnerships to serve multiple
facilities, mobile nurse examiner teams, and multidisciplinary teams to serve victims in local
communities.
(a) When developing the best practices, the office of crime victims advocacy shall consult
with:
(i) The Washington association of sheriffs and police chiefs;
Training – Review
and amend the
Domestic Violence
Procedures
procedure as
appropriate.
Training – 1 hour –
Develop training to
supplement existing
domestic violence
investigation training
on the new
resources available
from the Office of
Crime Victims
Advocacy regarding
nonfatal
strangulation.
July 25, 2021
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(ii) The Washington association of prosecuting attorneys;
(iii) The Washington state coalition against domestic violence;
(iv) The Harborview abuse and trauma center;
(v) The Washington state hospital association;
(vi) The Washington state association of counties;
(vii) The association of Washington cities;
(viii) The Washington coalition of sexual assault programs;
(ix) The schools of nursing at Washington State University and University of
Washington;
(x) Collective bargaining representatives of frontline nurse examiners; and
(xi) Other organizations deemed appropriate by the office of crime victims’
advocacy.
(b) The office of crime victims’ advocacy shall complete the best practices no later than
January 1, 2022, and publish them on its website.
2) The office of crime victims’ advocacy shall develop strategies to make forensic nurse
examiner training available to nurses in all regions of the state without requiring the nurses to
travel unreasonable distances and without requiring medical facilities or the nurses to incur
unreasonable expenses. Among other important factors deemed relevant and appropriate by
the office of crime victims’ advocacy, the strategies should take into account the unique
challenges faced by medical facilities and nurses operating in rural areas.
(a) When developing the strategies, the office of crime victims’ advocacy shall consult
with:
(i) The Harborview abuse and trauma center;
(ii) The department of health;
(iii) The nursing care quality assurance commission;
(iv) The Washington state nurses association;
(v) The Washington state hospital association;
(vi) The schools of nursing at Washington State University and University of
Washington;
(vii) Forensic nurse practitioners; and
(viii) Other organizations deemed appropriate by the office of crime victims’
advocacy.
(b) The office of crime victims’ advocacy shall report the strategies to the governor an d
the appropriate committees of the legislature no later than October 1, 2022.
3) This section expires June 30, 2023.
o New Section 3 – A new section is added to chapter 7.68 RCW to read as follows:
1) No costs incurred by a hospital or other emergency medical facility for the examination of the
victim of domestic violence assault involving nonfatal strangulation, when such examination is
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performed for the purposes of gathering evidence for possible prosecution, shall be billed or
charged directly or indirectly to the victim of such assault. Such costs shall be paid by the
state pursuant to this chapter.
2) The department must notify the office of financial management and the fiscal committees of
the legislature if it projects that the cost of services provided under this section exceeds the
amount of funding provided by the legislature solely for the purposes of this section.
3) No later than October 1, 2022, the department shall report to the legislature the following
information for fiscal year 2022:
(a) The number, type, and amounts of claims received by victims of suspected nonfatal
strangulation, with a subtotal of claims that also involved sexual assault;
(b) The number, type, and amounts of claims paid for victims of suspected nonfatal
strangulation, with a subtotal of claims that also involved sexual assault; and
(c) The number of police reports filed by victims of suspected nonfatal strangulation who
received services under this section.
4) This section expires June 30, 2023.
32 SSB 5254 • Employers – Protective Devices and Equipment – Public Health Emergency – AN ACT Relating to the
use of protective devices and equipment during a public health emergency; adding a new section to chapter
49.17 RCW (49.17.485); and declaring an emergency.
Admin – Review
the act regarding
protective devices
and equipment –
public health
emergency.
N/A April 26, 2021
33 ESSB 5353 • Law Enforcement – Community Engagement – Grants – AN ACT Relating to creating a partnership model
that facilitates community engagement with law enforcement; adding a new section to chapter 43.330 RCW;
creating a new section; and providing an expiration date.
o New Section 1 – The legislature finds that community engagement is a foundational principle of
successful community policing practices. When individuals and neighborhood groups are encouraged
to partner with law enforcement, a powerful alliance can be built on mutual trust and respect and
mitigate polarization between police departments and community groups. A successful community -
police partnership leads to the achievement of shared goals of improving safety and quality of life and
ensuring that public safety services are tailored to the needs of local communities. The legislature
recognizes current efforts in Washington to mobilize communities to insist on equitable and
accountable practices that will result in community participation in public safety efforts as well as
establish cooperative lines of communication between civilians and law enforcement. Laudable
community engagement models such as the safe streets campaign in Pierce county, safe Yakima in
Yakima county, and the Okanogan county community coalition are recognized to mitigate crime trends
by engaging the community and law enforcement in cooperative efforts to improve public safety. The
department of commerce intends to foster community engagement with law enforcement officers
through the creation of a community engagement project in 15 com munities across the state of
Admin – Review
the grant
opportunity for a
project to foster
better community
engagement
through
neighborhood
organizing, law
enforcement-
community
partnerships, and
more.
N/A July 25, 2021
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Washington with a mix of urban, rural, and suburban areas to facilitate community -law enforcement
partnerships and improve police-community relations. The department will implement a project
evaluation to measure and examine the impact of local initiatives on community engagement,
neighborhood safety, and positive community-police relations. The funded projects will facilitate the
empowerment of communities to engage in crime prevention efforts through neighborhood organizing,
law enforcement-community partnerships, youth mobilization, and business engagement.
o New Section 2 – A new section is added to chapter 43.330 RCW to read as follows:
1) Subject to the availability of amounts appropriated for this specific purpose, a project i s
created in the department to foster community engagement through neighborhood organizing,
law enforcement-community partnerships, youth mobilization, and business engagement. The
department shall administer the project. The project must include 12 to 15 grant awards in
those counties that have demonstrated their commitment to programs that promote
community engagement in public safety including the following counties: Spokane, Pierce,
King, Okanogan, Yakima, Cowlitz, Clark, Chelan- Douglas, Walla-Walla, Benton-Franklin,
Grant, and Snohomish.
2) The department shall adopt policies and procedures necessary to administer the project
including:
(a) An application process; (b) disbursement of the grant award to selected applicants; (c)
tracking compliance and proper use of funds; and (d) measuring outcomes.
3) Eligible applicants must:(a) Be a public agency or nongovernmental organization;
(b) Have demonstrated experience with community engagement initiatives that impact
public safety;
(c) Have community engagement;
(d) Have established or be willing to establish a coordinated effort with committed
partners, which must include law enforcement and organizations committed to diversity,
equity, and inclusion of community members, including organizations whose leadership
specifically reflects the communities most impacted by racism; and
(e) Have established priorities, policies, and measurable goals in compliance with the
requirements of the project as provided in subsection (5) of this section.
4) A law enforcement agency applying for a grant award shall not be considered an eligible
applicant unless there are no other eligible applicants from the community or county the law
enforcement agency serves.
5) The grant recipient shall:
(a) Lead and facilitate neighborhood organizing initiatives, including:
(i) Empowering community members with tools, skills, confidence, and
connections to identify, eradicate, and prevent illegal activity;
(ii) Making neighborhood improvements to deter future criminal activity; and
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(iii) Educating community members regarding how to connect with city, county,
and law enforcement resources;
(b) Build substantive law enforcement-community partnerships, including:
(i) Building trust between community members and law enforcement by facilitating
purposeful antiracist practices and the development of policies that lead to equal
treatment under the law;
(ii) Establishing clear expectations for law enforcement to be competent to
practice fair and equitable treatment including facilitating dialogue between law
enforcement and community members to increase understanding of the impact of
historical racist practices and current conflicts;
(iii) Community members regularly informing law enforcement, through
presentations, workshops, or forums, on community perceptions of law
enforcement and public safety issues;
(iv) Educating community members on the role and function of law enforcement in
the community;
(v) Clarifying expectations of law enforcement and of the role of the community in
crime prevention;
(vi) Educating community members on the best practices for reporting emergency
and nonemergency activities;
(vii) Recognizing community members for effective engagement and community
leadership; and (viii) Recognizing law enforcement officials for efforts to engage
underrepresented communities, improve community engagement and
empowerment, and reform law enforcement practices;
(c) Mobilize youth to partner with neighborhood groups and law enforcement to prevent
violence by:
(i) Helping them develop knowledge and skills to serve as leaders in their
communities;
(ii) Focusing on prevention of violence and substance abuse; and
(iii) Empowering youth to bring their voice to community issues that impact
healthy police-community relations;
(d) Engage businesses to help prevent crimes, such as vandalism and burglaries, through
safety training and other prevention initiatives;
(e) Provide training and technical assistance on how to implement community
engagement, improving law enforcement and community partnership, youth engagement,
and business engagement;
(f) Identify and maintain consistent, experienced, and committed leadership for managing
the grant, including an administrator who acts as an available point of contact with the
department; and
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(g) Collect and report data and information required by the department.
6) The department shall, in consultation with the Washington state institute for public policy,
develop reporting guidelines for the grant recipient in order to measure whether the safe
streets pilot project had an impact on crime rates and community engagement with, and
perceptions of, law enforcement. The department shall submit a preliminary report to the
legislature with details on the selected grant recipients and the reporting guidelines by
January 1, 2022. The department shall submit a final report on the safe streets pilot project,
including an analysis of the reported data required under this subsection, by December 1,
2023.
7) This section expires January 1, 2024.
34 ESSB 5432 • Office of Cybersecurity – AN ACT Relating to cybersecurity in state government; amending RCW
43.105.054; adding new sections to chapter 43.105 RCW; adding a new section to chapter 39.26 RCW;
adding a new section to chapter 39.34 RCW; adding a new section to chapter 42.56 RCW; creating new
sections; repealing RCW 43.105.215; and providing an expiration date.
Admin – Review
the creation of the
Office of
Cybersecurity within
the Office of the
Chief Information
Officer and
coordinate with City
IT staff on how this
move will impact
operations and
computer/Internet
crime investigations.
N/A July 25, 2021
35 SSB 5460 • Autonomous Vehicles – Various Provisions – AN ACT Relating to implementing recommendations of the
autonomous vehicle work group; amending RCW 46.92.010 and 46.37.480; amending 2020 c 182 s 4
(uncodified); and providing an effective date.
o Section 1 – RCW 46.92.010 and 2020 c 182 s 2 are each amended to read as follows:
1) In order to test an autonomous motor vehicle on any public roadway under the department's
autonomous vehicle self-certification testing pilot program, the following information must be
provided by the self-certifying entity testing the autonomous motor vehicle:
(a) Contact information specified by the department;
(b) Local jurisdictions where testing is planned;
(c) The vehicle identification numbers of the autonomous vehicles being tested, provided
that one is required by state or federal law; and
(d) Proof of an insurance policy that meets the requirements of RCW 46.30.050.
2) Any autonomous motor vehicle to which subsection (1) of this section is applicable and that
does not have a vehicle identification number and is not otherwise required under state or
federal law to have a vehicle identification number assigned to it must be assigned a unique
Admin –Review
and amend Chapter
61 Traffic as
appropriate.
Training – 1 hour –
Patrol and Traffic
Officers should be
made aware of new
laws regarding
autonomous vehicles
in the event of a
collision or other
accident event.
July 25, 2021—
Except for section
1, which becomes
effective October 1,
2022
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identification number that is provided to the department and that is displa yed in the vehicle in
a manner similar to the display of vehicle identification numbers in motor vehicles.
3) (a) The self-certifying entity testing the autonomous motor vehicle on any public roadway
must notify the department of:(i) Any collisions that are required to be reported to law
enforcement under RCW 46.52.030, involving an autonomous motor vehicle during testing on
any public roadway; and (ii) Any moving violations, as defined in administrative rule as
authorized under RCW 46.20.2891, for which a citation or infraction was issued, involving an
autonomous motor vehicle during testing on any public roadway.(b) By February 1 st of each
year, the self-certifying entity must submit a report to the department covering reportable
events from the prior calendar year.(c) The self-certifying entity shall provide the information
required by the department under (a) of this subsection. The information provided must
include whether the autonomous driving system was operating the vehicle at the time of or
immediately prior to the collision or moving violation, and in the case of a collision, details
regarding the collision, including any loss of life, injury, or property damage that resulted from
the collision.(d) The provisions of this section are supplemental to all other rights and duties
under law applicable in the event of a motor vehicle collision.
4) The self-certifying entity testing the autonomous motor vehicle on public roadways under the
department's autonomous vehicle self-certification testing pilot program must provide written
notice in advance of testing to local and state law enforcement agencies with jurisdiction over
any of the public roadways on which testing will occur that includes the expected period of
time during which testing will occur in the applicable jurisdictions, including city police
departments within city limits where testing will occur, county sheriff departments outside of
city limits in counties where testing will occur, and the Washington state patrol when testing
will occur on limited access highways, as defined in RCW 47.52.010. However, for testing
primarily on limited access highways that travels through multiple local jurisdictions, which
may include the limited incidental use of other roadways, the self-certifying entity must only
provide written notice as specified in this subsection to the Washington state patrol. Written
notice provided under this subsection must: (a) Be provided not less than fourteen and not
more than sixty days in advance of testing; (b) include contact inform ation where the law
enforcement agency can communicate with the self-certifying entity testing the autonomous
vehicle regarding the testing planned in that jurisdiction; and (c) provide the physical
description of the motor vehicle or vehicles being tested, including make, model, color, and
license plate number.
5) The department may adopt a fee to be charged by the department for self -certification in an
amount sufficient to offset administration by the department of the self -certification testing pilot
program.
6) The department shall provide public access to the information self -certifying entities provide to
it, and shall provide an annual report to the house and senate transportation committees of
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the legislature summarizing the information reported by self-certifying entities under this
section.
7) An autonomous motor vehicle may not be operated on any public roadway for the purposes of
testing in Washington state until the department is provided with the information required
under subsection (1) of this section.
8) For purposes of this section, "autonomous" means a level four or five driving automation
system as provided in the society of automotive engineering international's standard J3016,
as it existed on the effective date of this section, or such subsequent date as may be provided
by the department by rule, consistent with the purposes of this section.
o Section 2 – RCW 46.37.480 and 2011 c 368 s 1 are each amended to read as follows:
1) ((No person shall drive any motor vehicle equipped with any television viewer, screen, or
other means of visually receiving a television broadcast when the moving images are visible
to the driver while operating the motor vehicle on a public road, except for live video of the
motor vehicle backing up. This subsection does not apply to law enforcement vehicles
communicating with mobile computer networks (2))) No person shall operate any motor
vehicle on a public highway while wearing any headset or earphones connected to any
electronic device capable of receiving a radio broadc ast or playing a sound recording for the
purpose of transmitting a sound to the human auditory senses and which headset or
earphones muffle or exclude other sounds. This subsection does not apply to students and
instructors participating in a Washington state motorcycle safety program.
2) (((3))) This section does not apply to authorized emergency vehicles, motorcyclists wearing a
helmet with built-in headsets or earphones as approved by the Washington state patrol, or
motorists using hands-free, wireless communications systems, as approved by the equipment
section of the Washington state patrol.
o New Section 3 – Section 1 of this act takes effect October 1, 2022.
o Section 4 – 2020 c 182 s 4 (uncodified) is amended to read as follows: Section 2 of this act takes
effect October 1, ((2021)) 2022.
36 ESB 5476 • Drug Possession – State V. Blake Decision – AN ACT Relating to responding to the State v. Blake decision
by addressing justice system responses and behavioral health prevention, treatment, and related services for
individuals using or possessing controlled substances, counterfeit substances, and legend drugs; amending
RCW 69.50.4011, 69.50.4013, 69.50.4014, 69.41.030, 69.41.030, 69.50.412, 9.94A.518, 13.40.0357,
2.24.010, 2.24.040, 9.94A.728, and 10.64.110; reenacting and amending RCW 10.31.110; adding new
sections to chapter 71.24 RCW; adding a new section to chapter 43.101 RCW; adding a new section to
chapter 10.31 RCW; creating a new section; prescribing penalties; making appropriations; providing an
effective date; providing expiration dates; and declaring an emergency.
o New Section 1 – A new section is added to chapter 71.24 RCW to read as follows:
1) The authority, in collaboration with the substance use recovery services advisory committee
established in subsection (2) of this section, shall establish a substance use recovery services
Training – Provide
training to all
officers regarding
the changes in law
regarding the State
V. Blake Decision
for drug possession;
Specifically,
Section 6, and
transporting
individuals to crisis
Training – 2.5
hours – Collaborate
with WASPC, CJTC,
and Franklin County
Sheriff’s Office to
develop update
training on controlled
substances.
July 25, 2021 –
Except for sections
1 through 11 and 13
through 21, which
take effect May 13,
2021; and section
12, which takes
effect July 1, 2022
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plan. The purpose of the plan is to implement measures to assist persons with substance use
disorder in accessing outreach, treatment, and recovery support services that are low barrier,
person centered, informed by people with lived experience, and culturally and linguistically
appropriate. The plan must articulate the manner in which continual, rapid, and widespread
access to a comprehensive continuum of care will be provided to all persons with substance
use disorder.
2) (a) The authority shall establish the substance use recovery services advisory committee to
collaborate with the authority in the development and implementation of the substance use
recovery services plan under this section. The authority must appoint members to the
advisory committee who have relevant background related to the needs of persons with
substance use disorder. The advisory committee shall be reflective of the community of
individuals living with substance use disorder, including persons who are black, indigenous,
and persons of color, persons with co-occurring substance use disorders and mental health
conditions, as well as persons who represent the unique needs of rural communities. The
advisory committee shall be convened and chaired by the director of the authority, or the
director's designee. In addition to the member from the authority, the advisory committee shall
include:
(i) One member and one alternate from each of the two largest caucuses of the house of
representatives, as appointed by the speaker of the house of representatives;
(ii) One member and one alternate from each of the two largest caucuses of the senate,
as appointed by the president of the senate;
(iii) One representative of the governor's office;
(iv) At least one adult in recovery from substance use disorder who has experienced
criminal legal consequences as a result of substance use;
(v) At least one youth in recovery from substance use disorder who has experienced
criminal legal consequences as a result of substance use;
(vi) One expert from the addictions, drug, and alcohol institute at the University of
Washington;
(vii) One outreach services provider;
(viii) One substance use disorder treatment provider;
(ix) One peer recovery services provider;
(x) One recovery housing provider;
(xi) One expert in serving persons with co-occurring substance use disorders and mental
health conditions;
(xii) One expert in antiracism and equity in health care delivery systems;
(xiii) One employee who provides substance use disorder treatment or services as a
member of a labor union representing workers in the behavioral health field;
(xiv) One representative of the association of Washington health plans;
stabilization units or
triage units, etc.
And, Section 7 for
all law enforcement
officers to receive
training on law
enforcement
interaction with
persons with
substance use
disorders.
Sections 8-14 refer
to changes in
possession of
controlled
substances.
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(xv) One expert in diversion from the criminal legal system to community-based care for
persons with substance use disorder;
(xvi) One representative of public defenders;
(xvii) One representative of prosecutors;
(xviii) One representative of sheriffs and police chiefs;
(xix) One representative of a federally recognized tribe; and
(xx) One representative of local governments.
(a) The advisory committee may create subcommittees with expanded
participation.
(c) In its collaboration with the advisory committee to develop the substance use
recovery services plan, the authority must give due consideration to the
recommendations of the advisory committee. If the authority determines that any
of the advisory committee's recommendations are not feasible to adopt and
implement, the authority must notify the advisory committee and offer an
explanation.
(d) The advisory committee must convene as necessary for the development of
the substance use recovery services plan and to provide consultation and advice
related to the development and adoption of rules to implement the plan. The
advisory committee must convene to monitor implementation of the plan and
advise the authority.
3) The plan must consider:
(a) The points of intersection that persons with substance use disorder have with the
health care, behavioral health, criminal, civil legal, and child welfare systems as well as
the various locations in which persons with untreated substance use disorder congregate,
including homeless encampments, motels, and casinos;
(b) New community-based care access points, including crisis stabilization services and
the safe station model in partnership with fire departments;
(c) Current regional capacity for substance use disorder assessments, including
capacity for persons with co-occurring substance use disorders and mental health
conditions, each of the American society of addiction medicine levels of care, and
recovery support services;
(d) Barriers to accessing the existing behavioral health system and recovery support
services for persons with untreated substance use disorder, especially indigent youth and
adult populations, persons with co-occurring substance use disorders and mental health
conditions, and populations chronically exposed to criminal legal system responses, and
possible innovations that could improve the quality and accessibility of care for those
populations;
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(e) Evidence-based, research-based, and promising treatment and recovery services
appropriate for target populations, including persons with co-occurring substance use
disorders and mental health conditions;
(f) Options for leveraging existing integrated managed care, Medicaid waiver, American
Indian or Alaska Native fee-for-service behavioral health benefits, and private insurance
service capacity for substance use disorders, including but not limited to coordination with
managed care organizations, behavioral health administrative services organizations, the
Washington health benefit exchange, accountable communities of health, and the office of
the insurance commissioner;
(g) Framework and design assistance for jurisdictions to assist in compliance with the
requirements of RCW 10.31.110 for diversion of individuals with complex or co-occurring
behavioral health conditions to community-based care whenever possible and
appropriate, and identifying resource gaps that impede jurisdictions in fully realizing the
potential impact of this approach;
(h) The design of recovery navigator programs in section 2 of this act, including reporting
requirements by behavioral health administrative services organizations to monitor the
effectiveness of the programs and recommendations for program improvement;
(i) The proposal of a funding framework in which, over time, resources are shifted from
punishment sectors to community-based care interventions such that community-based
care becomes the primary strategy for addressing and resolving public order issues
related to behavioral health conditions;
(j) Strategic grant making to community organizations to promote public understanding
and eradicate stigma and prejudice against persons with substance use disorder by
promoting hope, empathy, and recovery;
(k) Recommendations for diversion to community-based care for individuals with
substance use disorders, including persons with co-occurring substance use disorders
and mental health conditions, across all points of the sequential intercept model;
(l) Recommendations regarding the appropriate criminal legal system response, if any, to
possession of controlled substances;
(m) Recommendations regarding the collection and reporting of data that identifies the
number of persons law enforcement officers and prosecutors engage related to drug
possession and disparities across geographic areas, race, ethnicity, gender, age, sexual
orientation, and income. The recommendations shall include, but not be limited to, the
number and rate of persons who are diverted from charges to recovery navigator services
or other services, who receive services and what type of services, who are charged with
simple possession, and who are taken into custody; and
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(n) The design of a mechanism for referring persons with substance use disorder or
problematic behaviors resulting from substance use into the supportive services
described in section 2 of this act.
4) The plan and related rules adopted by the authority must give due consideration to persons
with co-occurring substance use disorders and mental health conditions and the n eeds of
youth. The plan must include the substance use outreach, treatment, and recovery services
outlined in sections 2 through 4 of this act which must be available in or accessible by all
jurisdictions. These services must be equitably distributed acros s urban and rural settings. If
feasible and appropriate, service initiation shall be made available on demand through 24 -
hour, seven days a week peer recovery coach response, behavioral health walk -in centers, or
other innovative rapid response models. These services must, at a minimum, incorporate the
following principles: Establish low barriers to entry and reentry; improve the health and safety
of the individual; reduce the harm of substance use and related activity for the public; include
integrated and coordinated services; incorporate structural competency and antiracism; use
noncoercive methods of engaging and retaining people in treatment and recovery services,
including contingency management; consider the unique needs of rural communities; and
have a focus on services that increase social determinants of health.
5) In developing the plan, the authority shall:
(a) Align the components of the plan with previous and ongoing studies, plans, and
reports, including the Washington state opioid overdose and response plan, published by
the authority, the roadmap to recovery planning grant strategy being developed by the
authority, and plans associated with federal block grants; and
(b) Coordinate its work with the efforts of the blue-ribbon commission on the intersection
of the criminal justice and behavioral health crisis systems and the crisis response
improvement strategy committee established in chapter . . ., Laws of 2021 (Engrossed
Second Substitute House Bill No. 1477).
6) The authority must submit a preliminary report by December 1, 2021, regarding progress
toward the substance use recovery services plan. The authority must submit the final
substance use recovery services plan to the governor and the legislature by December 1,
2022. After submitting the plan, the authority shall adopt rules and enter into contracts with
providers to implement the plan by December 1, 2023. In addition to seeking public comment
under chapter 34.05 RCW, the authority must adopt rules in accordance with the
recommendations of the substance use recovery services advisory committee as provided in
subsection (2) of this section.
7) In consultation with the substance use recovery services advisory committee, the authority
must submit a report on the implementation of the substance use recovery services plan to
the appropriate committees of the legislature and governor by December 1st of each year,
beginning in 2023. This report shall include progress on the substance use disorder
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continuum of care, including availability of outreach, treatment, and recovery support services
statewide.
8) For the purposes of this section, "recovery support services" means a collection of resources
that sustain long-term recovery from substance use disorder, including for persons with co -
occurring substance use disorders and mental health conditions, recovery housing,
permanent supportive housing, employment and education pathways, peer supports and
recovery coaching, family education, technological recovery supports, transportation and child
care assistance, and social connectedness.
9) This section expires December 31, 2026.
o New Section 2 – A new section is added to chapter 71.24 RCW to read as follows:
1) Each behavioral health administrative services organization shall establish a recovery
navigator program. The program shall provide community-based outreach, intake,
assessment, and connection to services and, as appropriate, long-term intensive case
management and recovery coaching services, to youth and adults with substance use
disorder, including for persons with co-occurring substance use disorders and mental health
conditions, who are referred to the program from diverse sources and shall facilitate and
coordinate connections to a broad range of community resources for youth and adults with
substance use disorder, including treatment and recovery support services.
2) The authority shall establish uniform program standards for behavioral health administra tive
services organizations to follow in the design of their recovery navigator programs. The
uniform program standards must be modeled upon the components of the law enforcement
assisted diversion program and address project management, field engagement,
biopsychosocial assessment, intensive case management and care coordination, stabilization
housing when available and appropriate, and, as necessary, legal system coordination. The
authority must adopt the uniform program standards from the components of the law
enforcement assisted diversion program to accommodate an expanded population of persons
with substance use disorders, including persons with co-occurring substance use disorders
and mental health conditions, and allow for referrals from a broad rang e of sources. In
addition to accepting referrals from law enforcement, the uniform program standards must
provide guidance for accepting referrals on behalf of persons with substance use disorders,
including persons with co-occurring substance use disorders and mental health conditions,
from various sources including, but not limited to, self-referral, family members of the
individual, emergency department personnel, persons engaged with serving homeless
persons, including those living unsheltered or in encampments, fire department personnel,
emergency medical service personnel, community-based organizations, members of the
business community, harm reduction program personnel, faith-based organization staff, and
other sources within the criminal legal system, as outlined within the sequential intercept
model. In developing response time requirements within the statewide program standards, the
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authority shall require, subject to the availability of amounts appropriated for this specific
purpose, that responses to referrals from law enforcement occur immediately for in-custody
referrals and shall strive for rapid response times to other appropriate settings such as
emergency departments.
3) Subject to the availability of amounts appropriated for this specific purpo se, the authority shall
provide funding to each behavioral health administrative services organization for the
development of its recovery navigator program. Before receiving funding for implementation
and ongoing administration, each behavioral health administrative services organization must
submit a program plan that demonstrates the ability to fully comply with statewide program
standards. The authority shall establish a schedule for the regular review of behavioral health
administrative services organizations' programs. The authority shall arrange for technical
assistance to be provided by the LEAD national support bureau to all behavioral health
administrative services organizations.
4) Each behavioral health administrative services organization must have a substance use
disorder regional administrator for its recovery navigator program. The regional administrator
shall be responsible for assuring compliance with program standards, including staffing
standards. Each recovery navigator program must maintain a sufficient number of
appropriately trained personnel for providing intake and referral services, conducting
comprehensive biopsychosocial assessments, providing intensive case management
services, and making warm handoffs to treatment and recovery support services along the
continuum of care. Program staff must include people with lived experience with substance
use disorder to the extent possible. The substance use disorder regional administrator must
assure that staff who are conducting intake and referral services and field assessments are
paid a livable and competitive wage and have appropriate initial training and receive
continuing education.
5) Each recovery navigator program must submit quarterly reports to the authority with
information identified by the authority and the substance use recovery services advisory
committee. The reports must be provided to the substance use recovery services advisory
committee for discussion at meetings following the submission of the reports.
o New Section 3 – A new section is added to chapter 71.24 RCW to read as follows:
1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
establish a grant program to:
(a) Provide treatment services for low-income individuals with substance use disorder
who are not eligible for medical assistance programs under chapter 74.09 RCW, with
priority for the use of the funds for very low-income individuals; and
(b) Provide treatment services that are not eligible for federal matching funds to
individuals who are enrolled in medical assistance programs under chapter 74.09 RCW.
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2) In establishing the grant program, the authority shall consult with the substance use recovery
services advisory committee established in section 1 of this act, behavioral health
administrative services organizations, managed care organizations, and regional behavioral
health providers to adopt regional standards that are consistent with the substance use
recovery services plan developed under section 1 of this act to provid e sufficient access for
youth and adults to meet each region’s needs for:
(a) Opioid use disorder treatment clinics;
(b) Low-barrier buprenorphine clinics;
(c) Outpatient substance use disorder treatment;
(d) Withdrawal management services, including both subacute and med ically
managed withdrawal management;
(e) Secure withdrawal management and stabilization services;
(f) Inpatient substance use disorder treatment services;
(g) Inpatient co-occurring disorder treatment services; and
(h) Behavioral health crisis walk-in and drop-off services.
3) Funds in the grant program must be used to reimburse providers for the provision of services
to individuals identified in subsection (1) of this section. The authority may use the funds to
support evidence-based practices and promising practices that are not reimbursed by medical
assistance or private insurance, including contingency management. In addition, funds may
be used to provide assistance to organizations to establish or expand services as reasonably
necessary and feasible to increase the availability of services to achieve the regional access
standards developed under subsection (2) of this section, including such items as training and
recruitment of personnel, reasonable modifications to existing facilities to accomm odate
additional clients, start-up funding, and similar forms of assistance. Funds may not be used to
support the ongoing operational costs of a provider or organization, except in relation to
payments for specific service encounters with an individual identified in subsection (1) of this
section or for noninsurance reimbursable services.
4) The authority must establish regional access standards under subsection (2) of this section,
subject to the availability of amounts appropriated for this specific purpose, by January 1,
2023, and begin distributing grant funds by March 1, 2023.
o New Section 4 – A new section is added to chapter 71.24 RCW to read as follows:
1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
establish the expanded recovery support services program to increase access to recovery
services for individuals in recovery from substance use disorder.
2) In establishing the program, the authority shall consult with the substance use recovery
services advisory committee established in section 1 of this act, behavioral health
administrative services organizations, regional behavioral health providers, and regional
community organizations that support individuals in recovery from substance use disorders,
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including individuals with co-occurring substance use disorders and mental health conditions,
to adopt regional expanded recovery plans that are consistent with the substance use
recovery services plan developed under section 1 of this act to provide sufficient a ccess for
youth and adults to meet each region's needs for:
(a) Recovery housing;
(b) Employment pathways, support, training, and job placement, including evidence-
based supported employment program services;
(c) Education pathways, including recovery high schools and collegiate recovery
programs;
(d) Recovery coaching and substance use disorder peer support;
(e) Social connectedness initiatives, including the recovery café model;
(f) Family support services, including family reconciliation services;
(g) Technology-based recovery support services;
(h) Transportation assistance; and
(i) Legal support services.
3) Funds in the expanded recovery support services program must be used to reimburse
providers for the provision of services to individuals in recovery f rom substance use disorders,
including individuals with co-occurring substance use disorders and mental health conditions.
In addition, the funds may be used to provide assistance to organizations to establish or
expand recovery support services as reasonably necessary and feasible to increase the
availability of services to achieve the regional expanded recovery plans developed under
subsection (2) of this section, including such items as training and recruitment of personnel,
reasonable modifications to existing facilities to accommodate additional clients, and similar
forms of assistance.
4) The authority must establish regional expanded recovery plans under subsection (2) of this
section, subject to the availability of amounts appropriated for this specific purpose, by
January 1, 2023, and begin distributing grant funds by March 1, 2023.
o New Section 5 – A new section is added to chapter 71.24 RCW to read as follows:
1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
establish a homeless outreach stabilization transition program to expand access to modified
assertive community treatment services provided by multidisciplinary behavioral health
outreach teams to serve people who are living with serious substance use disorders or co-
occurring substance use disorders and mental health conditions, are experiencing
homelessness, and whose severity of behavioral health symptom acuity level creates a
barrier to accessing and receiving conventional behavioral health services and outreach
models.
(a) In establishing the program, the authority shall consult with behavioral health outreach
organizations who have experience delivering this service model in order to establish
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program guidelines regarding multidisciplinary team staff types, service intensity and
quality fidelity standards, and criteria to ensure programs are reaching the appropriate
priority population.
(b) Funds for the homeless outreach stabilization transition program must be used to
reimburse organizations for the provision of multidisciplinary outreach services to
individuals who are living with substance use disorders or co-occurring substance use
and mental health disorders and are experiencing homelessness or transitioning from
homelessness to housing. The funds may be used to provide assistance to organizations
to establish or expand services as reasonably necessary to create a homeless outreach
stabilization transition program, including items such as training and recruitment of
personnel, outreach and engagement resources, client engagement and health supplies,
medications for people who do not have access to insurance, and similar forms of
assistance.
(c) The authority must establish one or more homeless outreach stabilization transition
programs by January 1, 2024, and begin distributing grant funds by March 1, 2024.
2) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
establish a project for psychiatric outreach to the homeless program to expand access to
behavioral health medical services for people who are experiencing homelessness and living
in permanent supportive housing.
(a) In establishing the program, the authority shall consult with behavioral health medical
providers, homeless service providers, and permanent supportive housing providers that
support people living with substance use disorders, co-occurring substance use and
mental health conditions, and people who are currently or have formerly experienced
homelessness.
(b) Funds for the project for psychiatric outreach to the homeless program must be used
to reimburse organizations for the provision of medical services to individuals who are
living with or in recovery from substance use disorders, co-occurring substance use and
mental health disorders, or other behavioral and physical health conditions. Organizations
must provide medical services to people who are experiencing homelessness or are living
in permanent supportive housing and would be at risk of homelessness without access to
appropriate services. The funds may be used to provide assistance to organizations to
establish or expand behavioral health medical services as reasonably necessary to create
a project for psychiatric outreach to the homeless program, including items such as
training and recruitment of personnel, outreach and engagement resources, medical
equipment and health supplies, medications for people who do not have access to
insurance, and similar forms of assistance.
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(c) The authority must establish one or more projects for psychiatric outreach to the
homeless programs by January 1, 2024, and begin distributing grant funds by March 1,
2024.
3) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
increase contingency management resources for opioid treatment networks that are serving
people living with co-occurring stimulant use and opioid use disorder.
4) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
develop a plan for implementing a comprehensive statewide substance misuse prevention
effort. The plan must be completed by January 1, 2024.
5) Subject to the availability of amounts appropriated for this specific purpose, the authority shall
administer a competitive grant process to broaden existing local community coalition efforts to
prevent substance misuse by increasing relevant protective factors while decreasing risk
factors. Coalitions are to be open to all stakeholders interested in substance misuse
prevention, including, but not limited to, representatives from people in recovery, law
enforcement, education, behavioral health, parent organizations, treatment organizations,
organizations serving youth, prevention professionals, and business.
o Section 6 – RCW 10.31.110 and 2019 c 326 s 3 and 2019 c 325 s 5004 are each reenacted and
amended to read as follows:
1) When a police officer has reasonable cause to believe that the individual has committed acts
constituting a crime, and the individual is known by history or consultation with the behavioral
health administrative services organization, managed care organization, ((behavioral health
administrative services organization,)) crisis hotline, ((or)) local crisis services providers, or
community health providers to ((suffer from)) have a mental disorder or substance use
disorder, in addition to existing authority under state law or local policy, as an alternative to
arrest, the arresting officer is authorized and encouraged to :
(a) Take the individual to a crisis stabilization unit as d efined in RCW 71.05.020.
Individuals delivered to a crisis stabilization unit pursuant to this section may be held by
the facility for a period of up to twelve hours. The individual must be examined by a
mental health professional or substance use disorder professional within three hours of
arrival;
(b) Take the individual to a triage facility as defined in RCW 71.05.020. An individual
delivered to a triage facility which has elected to operate as an involuntary facility may be
held up to a period of twelve hours. The individual must be examined by a mental health
professional or substance use disorder professional within three hours of arrival;
(c) Refer the individual to a ((mental health professional)) designated crisis responder for
evaluation for initial detention and proceeding under chapter 71.05 RCW; ((or)) (d)
Release the individual upon agreement to voluntary participation in outpatient treatment;
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(e) Refer the individual to youth, adult, or geriatric mobile crisis response services, as
appropriate; or
(f) Refer the individual to the regional entity responsible to receive referrals in lieu of legal
system involvement, including the recovery navigator program described in section 2 of
this act.
2) If the individual is released to the community from the facilities in subsection (1)(a) through (c)
of this section, the mental health provider or substance use disorder professional shall make
reasonable efforts to inform the arresting officer of the planned release prior to release if the
arresting officer has specifically requested notification and provided contact information to the
provider.
3) In deciding whether to refer the individual to treatment under this section, the police officer
must be guided by local law enforcement diversion guidelines for behavioral health developed
and mutually agreed upon with the prosecuting authority with an opportunity for consultation
and comment by the defense bar and disability community. These guidelines must address, at
a minimum, the length, seriousness, and recency of the known criminal history of the
individual, the mental health history of the individual, if available, the substance use disorder
history of the individual, if available, the opinions of a mental health professional, if available,
the opinions of a substance use disorder professional, if available, and the circumstances
surrounding the commission of the alleged offense. The guidelines must include a process for
clearing outstanding warrants or referring the individual for assistance in clearing outstanding
warrants, if any, and issuing a new court date, if appropriate, without booking or incarcerating
the individual or disqualifying ((him or her)) the individual from referral to treatment under this
section, and define the circumstances under which such action is permissible. Referrals to
services, care, and treatment for substance use disorder must be made in accordance with
protocols developed for the recovery navigator program described in section 2 of this act.
4) Any agreement to participate in treatment or services in lieu of jail booking or referring a case
for prosecution shall not require individuals to stipulate to any of the alleged facts regarding
the criminal activity as a prerequisite to participation in the alternative response described in
this section. Any agreement is inadmissible in any criminal or civil proceeding. Such
agreements do not create immunity from prosecution for the alleged criminal activity.
5) If ((an individual violates such agreement and the mental health treatment alternative is no
longer appropriate)) there are required terms of participation in the services or treatment to
which an individual was referred under this section, and if the individual violates such terms
and is therefore no longer participating in services:
(a) The ((mental health)) behavioral health or service provider shall inform the referring
law enforcement agency of the violation, if consistent with the terms of the program and
applicable law; and
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(b) The original charges may be filed or referred to the prosecutor, as appropriate, and the
matter may proceed accordingly, unless filing or referring the charges is inconsistent with
the terms of a local diversion program or a recovery navigator program described in
section 2 of this act.
6) The police officer is immune from liability for any good faith conduct under this section.
o New Section 7 – A new section is added to chapter 43.101 RCW to read as follows:
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 section 2 of this act;
(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.
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3) In addition to incorporation into the basic law enforcement training under RCW 43.101.200,
training must be made available to law enforcement agencies, through electronic means, for
use during in- service training.
o Section 8 – RCW 69.50.4011 and 2003 c 53 s 332 are each amended to read as follows:
1) Except as authorized by this chapter, it is unlawful for ((any)):
(a) Any person to create ((,)) or deliver((, or possess)) a or deliver a counterfeit
substance; or
(b) Any person to knowingly possess a counterfeit substance.
2) Any person who violates subsection (1)(a) of this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is a narcotic drug, or
flunitrazepam classified in Schedule IV, is guilty of a class B felony and upon conviction
may be imprisoned for not more than ten years, fined not more than twenty -five thousand
dollars, or both;
(b) A counterfeit substance which is methamphetamine, is guilty of a class B felony and
upon conviction may be imprisoned for not more than ten years, fined not more than
twenty-five thousand dollars, or both;
(c) Any other counterfeit substance classified in Schedule I, II, or III, is guilty of a class C
felony punishable according to chapter 9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except flunitrazepam, is guilty of a
class C felony punishable according to chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of a class C felony
punishable according to chapter 9A.20 RCW.
3) A violation of subsection (1)(b) of this section is a misdemeanor. The prosecutor is
encouraged to divert such cases for assessment, treatment, or other services.
o Section 9 – RCW 69.50.4013 and 2017 c 317 s 15 are each amended to read as follows:
1) It is unlawful for any person to knowingly possess a controlled substance unless the
substance was obtained directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of his or her professional practice, or except as
otherwise authorized by this chapter.
2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a
((class C felony punishable under chapter 9A.20 RCW)) misdemeanor.
3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or
other services.
4) (a) The possession, by a person twenty-one years of age or older, of useable marijuana,
marijuana concentrates, or marijuana-infused products in amounts that do not exceed those
set forth in RCW 69.50.360(3) is not a violation of this section, this chapter, or any other
provision of Washington state law. (b) The possession of marijuana, useable marijuana,
marijuana concentrates, and marijuana-infused products being physically transported or
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delivered within the state, in amounts not exceeding those that may be established under
RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties
authorized in accordance with RCW 69.50.382 and 69.50.385, is not a violation of this
section, this chapter, or any other provision of Washington state law.
5) (((4))) (a) The delivery by a person twenty-one years of age or older to one or more persons
twenty-one years of age or older, during a single twenty-four hour period, for noncommercial
purposes and not conditioned upon or done in connection with the provision or receipt of
financial consideration, of any of the following marijuana products, is not a violation of this
section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable marijuana;
(ii) Eight ounces of marijuana-infused product in solid form;
(iii) Thirty-six ounces of marijuana-infused product in liquid form; or
(iv) Three and one-half grams of marijuana concentrates.
(b) The act of delivering marijuana or a marijuana product as authorized under this
subsection (((4))) (5) must meet one of the following requirements:
(i) The delivery must be done in a location outside of the view of general public and in a
nonpublic place; or
(ii) The marijuana or marijuana product must be in the original packaging as purchased
from the marijuana retailer.
6) (((5))) No person under twenty-one years of age may possess, manufacture, sell, or distribute
marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC
concentration. This does not include qualifying patient s with a valid authorization.
7) (((6))) The possession by a qualifying patient or designated provider of marijuana
concentrates, useable marijuana, marijuana- infused products, or plants in accordance with
chapter 69.51A RCW is not a violation of this section, this chapter, or any other provision of
Washington state law.
o Section 10 – RCW 69.50.4014 and 2015 2nd sp.s. c 4 s 505 are each amended to read as follows:
Except as provided in RCW 69.50.401(2)(c) or as otherwise authorized by this chapter, any person
found guilty of knowing possession of forty grams or less of marijuana is guilty of a misdemeanor. The
prosecutor is encouraged to divert cases under this section for assessment, treatment, or other
services.
o Section 11 – RCW 69.41.030 and 2019 c 55 s 9 are each amended to read as follows:
1) It shall be unlawful for any person to sell, deliver, or knowingly possess any legend drug
except upon the order or prescription of a physician under chapter 18.71 RCW, an
osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under
chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, a dentist
under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a
veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the
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United States armed forces or public health service in the discharge of his or her official
duties, a duly licensed physician or dentist employed by the veterans administration in the
discharge of his or her official duties, a registered nurse or advanced registered nurse
practitioner under chapter 18.79 RCW when authorized by the nursing care quality assurance
commission, a pharmacist licensed under chapter 18.64 RCW to the extent permitted by drug
therapy guidelines or protocols established under RCW 18.64.011 and authorized by the
commission and approved by a practitioner authorized to prescribe drugs, an osteopathic
physician assistant under chapter 18.57A RCW when authorized by the board of osteopathic
medicine and surgery, a physician assistant under chapter 18.71A RCW when authorized by
the Washington medical commission, or any of the following professionals in any province of
Canada that shares a common border with the state of Washington or in any state of the
United States: A physician licensed to practice medicine and surgery or a physician licensed
to practice osteopathic medicine and surgery, a dentist licensed to practice dentistry, a
podiatric physician and surgeon licensed to practice podiatric medicine and surgery, a
licensed advanced registered nurse practitioner, a licensed physician assistant, a licensed
osteopathic physician assistant, or a veterinarian licensed to practice veterinary medicine:
PROVIDED, HOWEVER, That the above provisions shall not apply to sale, delivery, or
possession by drug wholesalers or drug manufacturers, or their agents or employees, or to
any practitioner acting within the scope of his or her license, or to a common or contract
carrier or warehouse operator, or any employee thereof, whose possession of any legend
drug is in the usual course of business or employment: PROVIDED FURTHER, That nothing
in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is under
contract with the health care authority from selling, delivering, possessing, and dispensing
commercially prepackaged oral contraceptives prescribed by authorized, licensed health care
practitioners: PROVIDED FURTHER, That nothing in this chapter prohibits possession or
delivery of legend drugs by an authorized collector or other person participating in the
operation of a drug take-back program authorized in chapter 69.48 RCW.
2) (a) A violation of this section involving the sale, delivery, or possession with intent to sell or
deliver is a class B felony punishable according to chapter 9A.20 RCW. (b) A violation of this
section involving possession is a misdemeanor. The prosecutor is encouraged to divert such
cases for assessment, treatment, or other services.
o Section 12 – RCW 69.41.030 and 2020 c 80 s 41 are each amended to read as follows:
1) It shall be unlawful for any person to sell, deliver, or knowingly possess any legend drug
except upon the order or prescription of a physician under chapter 18.71 RCW, an
osteopathic physician and surgeon under chapter 18.57 RCW, an optometrist licensed under
chapter 18.53 RCW who is certified by the optometry board under RCW 18.53.010, a dentist
under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a
veterinarian under chapter 18.92 RCW, a commissioned medical or dental officer in the
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United States armed forces or public health service in the discharge of his or her official
duties, a duly licensed physician or dentist employed by the veterans administration in the
discharge of his or her official duties, a registered nurse or advanced registered nurse
practitioner under chapter 18.79 RCW when authorized by the nursing care quality assurance
commission, a pharmacist licensed under chapter 18.64 RCW to the extent permitted by drug
therapy guidelines or protocols established under RCW 18.64.011 and authorized by the
commission and approved by a practitioner authorized to prescribe drugs, a physician
assistant under chapter 18.71A RCW when authorized by the Washington medical
commission, or any of the following professionals in any province of Canada that shares a
common border with the state of Washington or in any state of the United States: A physician
licensed to practice medicine and surgery or a physician licensed to practice osteopathic
medicine and surgery, a dentist licensed to practice dentistry, a podiatric physician and
surgeon licensed to practice podiatric medicine and surgery, a licensed advanced registered
nurse practitioner, a licensed physician assistant, or a veterinarian licensed to practice
veterinary medicine: PROVIDED, HOWEVER, That the above provisions shall not apply to
sale, delivery, or possession by drug wholesalers or drug manufacturers, or their agents or
employees, or to any practitioner acting within the scope of his or her license, or to a common
or contract carrier or warehouse operator, or any employee thereof, whose possession of any
legend drug is in the usual course of business or employment: PROVIDED FURTHER, That
nothing in this chapter or chapter 18.64 RCW shall prevent a family planning clinic that is
under contract with the health care authority from selling, delivering, possessing, and
dispensing commercially prepackaged oral contraceptives prescribed by authorized, licensed
health care practitioners: PROVIDED FURTHER, That nothing in this chapter prohibits
possession or delivery of legend drugs by an authorized collector or other person participating
in the operation of a drug take-back program authorized in chapter 69.48 RCW.
2) (a) A violation of this section involving the sale, delivery, or possession with intent to sell or
deliver is a class B felony punishable according to chapter 9A.20 RCW. (b) A violation of this
section involving possession is a misdemeanor. The prosecutor is encouraged to divert such
cases for assessment, treatment, or other services.
o New Section 13 – A new section is added to chapter 10.31 RCW to read as follows:
1) For all individuals who otherwise would be subject to arrest for possession of a counterfeit
substance under RCW 69.50.4011, possession of a controlled substance under RCW
69.50.4013, possession of 40 grams or less of marijuana under RCW 69.50.4014, or
possession of a legend drug under RCW 69.41.030(2)(b), in lieu of jail booking and referral to
the prosecutor, law enforcement shall offer a referral to assessment and services available
pursuant to RCW 10.31.110 or other program or entity responsible for receiving referrals in
lieu of legal system involvement, which may include the recovery navigator progr am
established under section 2 of this act.
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2) If law enforcement agency records reflect that an individual has been diverted to referral for
assessment and services twice or more previously, officers may, but are not required to,
make additional diversion efforts.
3) Nothing in this section precludes prosecutors from diverting or declining to file any charges for
possession offenses that are referred under RCW 69.50.4011, 69.50.4013, 69.50.4014, or
69.41.030(2)(b) in the exercise of their discretion.
o Section 14 – RCW 69.50.412 and 2019 c 64 s 22 are each amended to read as follows:
1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, or prepare a controlled
substance other than marijuana. Any person who violates this subsection is guilty of a
misdemeanor.
2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with
intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, or prepare a controlled substance other than
marijuana. Any person who violates this subsection is guilty of a misdemeanor.
3) Any person eighteen years of age or over who violates subsection (2) of this section by
delivering drug paraphernalia to a person under eighteen years of age who is at least three
years his or her junior is guilty of a gross misdemeanor.
4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other
publication any advertisement, knowing, or under circumstances where one reasonably
should know, that the purpose of the advertisement, in whole or in part, is to promote the sale
of objects designed or intended for use as drug paraphernalia. Any person who violates this
subsection is guilty of a misdemeanor.
5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes an d
needles for the purpose of reducing blood-borne diseases.
o Sections 15-30 refer to appropriations for treatment and sentencing.