43.101.452  <<  43.101.455 >>   43.101.901

Violence de-escalation and mental health trainingAdoption of rulesTraining requirements (as amended by 2018 c 11 (Initiative Measure No. 940) and 2019 c 1 (Initiative Measure No. 940)).

*** CHANGE IN 2019 *** (SEE 1064-S.SL) ***
(1) Within six months after *December 6, 2018, the commission must consult with law enforcement agencies and community stakeholders and adopt rules for carrying out the training requirements of RCW 43.101.450 and 43.101.452. Such rules must, at a minimum:
(a) Adopt training hour requirements and curriculum for initial violence de-escalation trainings required by **this act;
(b) Adopt training hour requirements and curriculum for initial mental health trainings required by **this act, which may include all or part of the mental health training curricula established under RCW 43.101.227 and 43.101.427;
(c) Adopt training hour requirements and curricula for continuing trainings required by **this act;
(d) Establish means by which law enforcement officers will receive trainings required by **this act; and
(e) Require compliance with **this act's training requirements as a condition of maintaining certification.
(2) In developing curricula, the commission shall consider inclusion of the following:
(a) De-escalation in patrol tactics and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;
(b) Alternatives to jail booking, arrest, or citation in situations where appropriate;
(c) Implicit and explicit bias, cultural competency, and the historical intersection of race and policing;
(d) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities and/or behavioral health issues;
(e) "Shoot/don't shoot" scenario training;
(f) Alternatives to the use of physical or deadly force so that deadly force is used only when unavoidable and as a last resort;
(g) Mental health and policing, including bias and stigma; and
(h) Using public service, including rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.
(3) The initial violence de-escalation training must educate officers on the good faith standard for use of deadly force established by **this act and how that standard advances violence de-escalation goals.
(4) The commission may provide trainings, alone or in partnership with private parties or law enforcement agencies, authorize private parties or law enforcement agencies to provide trainings, or any combination thereof. The entity providing the training may charge a reasonable fee.
[2019 c 1 § 5 (Initiative Measure No. 940); 2018 c 11 § 5 (Initiative Measure No. 940).]

NOTES:

Reviser's note: *(1) "December 6, 2018" has been substituted for "the effective date of this section." The effective date of 2018 c 11 was June 7, 2018, and the effective date of 2019 c 1 was December 6, 2018.
**(2) "This act" refers to both chapter 11, Laws of 2018 (Initiative Measure No. 940) and chapter 1, Laws of 2019 (Initiative Measure No. 940).
(3) The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void and that 2018 c 11 (Initiative Measure No. 940) is subject to a vote of the people. The people passed 2019 c 1 (Initiative Measure No. 940) at the general election held November 6, 2018. This section is published with the amendments made by 2018 c 10 excluded.
Rule making2018 c 11 (Initiative Measure No. 940); 2019 c 1 (Initiative Measure No. 940): "Except where a different timeline is provided in this act, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of this act within one year after *December 6, 2018. In carrying out all rule making under this act, the commission shall seek input from the attorney general, law enforcement agencies, tribes, and community stakeholders. The commission shall consider the use of negotiated rule making. The rules must require that procedures under **RCW 9A.16.040(5)(d) be carried out completely independent of the agency whose officer was involved in the use of deadly force; and, when the deadly force is used on a tribal member, such procedures must include consultation with the member's tribe and, where appropriate, information sharing with such tribe. Where this act requires involvement of community stakeholders, input must be sought from organizations advocating for: Persons with disabilities; members of the lesbian, gay, bisexual, transgender, and queer community; persons of color; immigrants; noncitizens; native Americans; youth; and formerly incarcerated persons." [2019 c 1 § 9 (Initiative Measure No. 940); 2018 c 11 § 9 (Initiative Measure No. 940).]
Reviser's note: *(1) "December 6, 2018" has been substituted for "the effective date of this section." The effective date of 2018 c 11 was June 7, 2018, and the effective date of 2019 c 1 was December 6, 2018.
**(2) RCW 9A.16.040 was amended by 2018 c 10 § 3, removing subsection (5)(d).
(3) The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void and that 2018 c 11 (Initiative Measure No. 940) is subject to a vote of the people. The people passed 2019 c 1 (Initiative Measure No. 940) at the general election held November 6, 2018. This section is published with the amendments made by 2018 c 10 excluded.
Short titleIntentLiberal constructionSubject2018 c 11 (Initiative Measure No. 940); 2019 c 1 (Initiative Measure No. 940): See notes following RCW 43.101.450.

Violence de-escalation and mental health trainingAdoption of rulesTraining requirements (as amended by 2018 c 10).

*** CHANGE IN 2019 *** (SEE 1064-S.SL) ***
(1) Within six months after *June 7, 2018, the commission must consult with law enforcement agencies and community stakeholders and adopt rules for carrying out the training requirements of RCW 43.101.450 and 43.101.452. Such rules must, at a minimum:
(a) Adopt training hour requirements and curriculum for initial violence de-escalation trainings required by chapter 11, Laws of 2018;
(b) Adopt training hour requirements and curriculum for initial mental health trainings required by chapter 11, Laws of 2018, which may include all or part of the mental health training curricula established under RCW 43.101.227 and 43.101.427;
(c) Adopt annual training hour requirements and curricula for continuing trainings required by chapter 11, Laws of 2018;
(d) Establish means by which law enforcement officers will receive trainings required by chapter 11, Laws of 2018; and
(e) Require compliance with chapter 11, Laws of 2018 training requirements.
(2) In developing curricula, the commission shall consider inclusion of the following:
(a) De-escalation in patrol tactics and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;
(b) Alternatives to jail booking, arrest, or citation in situations where appropriate;
(c) Implicit and explicit bias, cultural competency, and the historical intersection of race and policing;
(d) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities and/or behavioral health issues;
(e) "Shoot/don't shoot" scenario training;
(f) Alternatives to the use of physical or deadly force so that de-escalation tactics and less lethal alternatives are part of the decision-making process leading up to the consideration of deadly force;
(g) Mental health and policing, including bias and stigma; and
(h) Using public service, including rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.
(3) The initial violence de-escalation training must educate officers on the good faith standard for use of deadly force established by chapter 11, Laws of 2018 and how that standard advances violence de-escalation goals.
(4) The commission may provide trainings, alone or in partnership with private parties or law enforcement agencies, authorize private parties or law enforcement agencies to provide trainings, or any combination thereof. The entity providing the training may charge a reasonable fee.
[ 2018 c 10 § 1; 2018 c 11 § 5 (Initiative Measure No. 940).]

NOTES:

Reviser's note: *(1) "June 7, 2018" has been substituted for "the effective date of this section." The effective date of 2018 c 11 was June 7, 2018, and the effective date of 2019 c 1 was December 6, 2018.
(2) The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void and that 2018 c 11 (Initiative Measure No. 940) is subject to a vote of the people. The people passed 2019 c 1 (Initiative Measure No. 940) at the general election held November 6, 2018. This section is published with the amendments made by 2018 c 10 included.
Rule making2018 c 10; 2018 c 11 (Initiative Measure No. 940): "(1) Except where a different timeline is provided in chapter 11, Laws of 2018, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of chapter 11, Laws of 2018 within one year after *June 7, 2018. In carrying out all rule making under chapter 11, Laws of 2018, the commission shall seek input from the attorney general, law enforcement agencies, the Washington council of police and sheriffs, the Washington state fraternal order of police, the council of metropolitan police and sheriffs, the Washington state patrol troopers association, at least one association representing law enforcement who represent traditionally underrepresented communities including the black law enforcement association of Washington, de-escalate Washington, tribes, and community stakeholders. The commission shall consider the use of negotiated rule making.
(2) Where chapter 11, Laws of 2018 requires involvement of community stakeholders, input must be sought from organizations advocating for: Persons with disabilities; members of the lesbian, gay, bisexual, transgender, and queer community; persons of color; immigrants; noncitizens; native Americans; youth; and formerly incarcerated persons." [ 2018 c 10 § 4; 2018 c 11 § 9 (Initiative Measure No. 940).]
Reviser's note: *(1) "June 7, 2018" has been substituted for "the effective date of this section." The effective date of 2018 c 11 was June 7, 2018, and the effective date of 2019 c 1 was December 6, 2018.
(2) The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void and that 2018 c 11 (Initiative Measure No. 940) is subject to a vote of the people. The people passed 2019 c 1 (Initiative Measure No. 940) at the general election held November 6, 2018. This section is published with the amendments made by 2018 c 10 included.
Contingent effective date2018 c 10: See note following RCW 9A.16.040.
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