Washington Administrative Code Title 139 - Criminal Justice Training Commission
Washington Administrative Code – Title 139: Criminal Justice Training Commission (CJTC)
The Washington Criminal Justice Training Commission (CJTC) is the state agency responsible for overseeing the training and certification of law enforcement officers, corrections officers, and other public safety personnel in Washington. Title 139 of the Washington Administrative Code (WAC) contains rules related to this oversight, including training standards, certification requirements, and enforcement of professional conduct.
1. Purpose of Title 139
Title 139 sets forth the rules and regulations that govern the training, certification, and professional conduct of public safety officers in Washington State. The purpose of these rules is to:
Establish standards for training and certification of law enforcement officers, corrections officers, and other criminal justice personnel.
Ensure public safety by promoting effective law enforcement practices.
Maintain ethical standards for law enforcement professionals.
Provide guidelines for disciplinary actions and certification revocation for officers who fail to meet these standards.
2. Structure of Title 139
Title 139 is divided into several chapters, each addressing different areas of the CJTC’s work, such as:
Chapter 139-05: Basic Training Academy
This chapter governs the basic training programs for new recruits in various law enforcement fields, including police officers and corrections officers. It includes:
Eligibility Requirements: Applicants must meet basic eligibility criteria such as U.S. citizenship, physical fitness standards, and the absence of disqualifying criminal convictions.
Training Standards: The CJTC sets mandatory training hours for officers. Training includes core subjects such as criminal law, ethics, defensive tactics, firearms proficiency, and first aid.
Certification: After completing basic training, recruits are required to pass exams before they are certified to work as law enforcement officers in Washington State.
Chapter 139-10: Officer Certification
This chapter outlines the process for certification and decertification of law enforcement officers. Key elements include:
Certification Process: Officers must complete the prescribed basic training and pass exams to receive certification.
Certification Renewal: Officers must participate in continuing education and training to maintain their certification.
Decertification: The CJTC can revoke or suspend an officer’s certification for misconduct, including felony convictions, ethical violations, or failure to meet training requirements.
Chapter 139-12: Peace Officer Training
This chapter provides specific regulations related to training for peace officers, including:
Training for Specialized Units: Officers who will be working in specialized fields (e.g., SWAT, canine units, etc.) must complete additional specialized training.
Updates and Continuing Education: Officers are required to attend ongoing professional development programs to stay current with new laws, tactics, and technologies in law enforcement.
Chapter 139-16: Officer Conduct and Disciplinary Actions
This chapter addresses the professional conduct of officers and includes:
Code of Conduct: Officers are held to a high ethical standard, and violations such as bribery, corruption, or excessive use of force can lead to disciplinary actions.
Disciplinary Hearings: Officers facing disciplinary actions are entitled to hearings, and they may appeal decisions related to decertification or suspension.
Investigation and Reporting: Agencies must report misconduct allegations to the CJTC, and the commission can initiate investigations into officer behavior.
3. Key Rules and Regulations
A. Officer Certification and Training Requirements (WAC 139-10)
Basic Training: Before becoming a certified officer, candidates must complete a basic training academy, which includes both classroom instruction and practical exercises.
Field Training: Officers are typically required to undergo a field training program in which they work under the supervision of experienced officers.
Continuing Education: Officers must complete ongoing professional development throughout their careers. Failure to maintain certification can result in decertification or suspension.
B. Certification Revocation (WAC 139-10-210)
The CJTC has the authority to suspend or revoke the certification of officers who are found guilty of serious misconduct, including:
Conviction of a felony.
Excessive use of force or other violations of police ethics.
Failure to report misconduct by other officers.
Due Process: Officers have the right to appeal decisions related to certification revocation or suspension, and the commission must follow due process procedures in these cases.
C. Professional Conduct and Ethics (WAC 139-16)
Officers are expected to maintain high ethical standards. The code of conduct includes provisions for:
Integrity and accountability in law enforcement practices.
Respect for human rights.
Prohibition of discriminatory practices and abuse of power.
Violations of these ethical standards can result in both internal disciplinary actions within an agency and state-level decertification by the CJTC.
While there isn’t extensive case law specifically interpreting WAC Title 139, the CJTC has issued decisions and sanctions in various cases of misconduct or failure to meet training and certification standards. Below are a few examples of how the rules have been applied in practice:
Example 1: Decertification for Criminal Conviction
A law enforcement officer was convicted of a felony for drug trafficking. Under WAC 139-10-210, the CJTC revoked his certification after an investigation.
Principle: Officers are required to maintain a clean criminal record to remain certified.
Example 2: Excessive Use of Force
An officer was involved in an incident where they used excessive force during an arrest. The agency reported the incident to the CJTC, which conducted a hearing and ultimately suspended the officer’s certification for six months.
Principle: Use of force must be in compliance with professional standards and constitutional rights.
Example 3: Failure to Complete Continuing Education
A corrections officer failed to complete the required continuing education hours over several years. The CJTC issued a warning and placed the officer on probation, requiring them to complete the missing hours before their certification could be renewed.
Principle: Continuing education is a mandatory requirement for maintaining certification.
Example 4: Misrepresentation of Qualifications
A police officer was found to have misrepresented their qualifications on their application to the academy, claiming experience and training they didn’t possess. The CJTC revoked the officer’s certification and prohibited them from reapplying for two years.
Principle: Honesty and integrity in the application process are essential, and misrepresentation can result in decertification.
5. Connection to Washington Statutes
The Washington Criminal Justice Training Commission (CJTC) operates under several statutory provisions:
RCW 43.101 (Criminal Justice Training Commission): Establishes the CJTC, outlining its powers and duties.
RCW 10.93 (Law Enforcement Officers' Bill of Rights): Defines the rights of law enforcement officers during investigations and disciplinary actions.
RCW 9A.16.020 (Use of Force): Sets legal standards for the use of force by law enforcement officers.
The regulations in Title 139 are meant to implement these statutory provisions by providing more detailed, procedural guidelines for training, certification, and professional conduct.
6. Summary
Title 139 of the WAC is essential for the training, certification, and regulation of law enforcement officers in Washington. The key points include:
Certification Process: Officers must complete basic training and continuing education to be certified and maintain their certification.
Disciplinary Actions: Officers can face suspension or decertification for violations such as felony convictions, excessive use of force, or ethical misconduct.
Ethical Standards: A high standard of integrity and accountability is required, and violations of these standards can result in serious consequences, including loss of certification.
Case Law and Enforcement: The CJTC actively enforces these standards through investigations and hearings, with the authority to revoke or suspend certifications based on misconduct.
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