RCW 43.101.400
Confidentiality of records—Public database.
(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.
(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 provided 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.
[ 2021 c 323 § 21; 2020 c 119 § 12; 2001 c 167 § 12.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.101 - Criminal Justice Training Commission—Education and Training Standards Boards.
43.101.020 - Commission created—Purpose.
43.101.040 - Terms of members—Vacancies.
43.101.050 - Cessation of membership upon termination of office or employment.
43.101.060 - Chair and vice chair—Quorum—Meetings.
43.101.070 - Compensation—Reimbursement of travel expenses.
43.101.080 - Commission powers and duties—Rules and regulations.
43.101.085 - Additional powers and duties.
43.101.095 - Peace and corrections officer certification—Background investigation.
43.101.105 - Denial, suspension, or revocation of peace and corrections officer certification.
43.101.125 - Lapsed peace officer certification—Reinstatement—Rules.
43.101.126 - Lapsed corrections officer certification—Reinstatement—Rules.
43.101.157 - Tribal police officer certification.
43.101.170 - Training and education obtained at approved existing institutions.
43.101.205 - Training on interaction with persons with substance use disorders.
43.101.220 - Training for corrections personnel.
43.101.221 - Training for corrections personnel—Core training requirements.
43.101.222 - Training for students enrolled at institutions of higher education.
43.101.224 - Training for persons investigating child sexual abuse.
43.101.225 - Training on vehicular pursuits.
43.101.230 - Training for tribal police officers and employees authorized—Conditions.
43.101.240 - Community-police partnership.
43.101.250 - Firearms certificate program for *private detectives.
43.101.260 - Firearms certificate program for security guards.
43.101.270 - Sexual assault—Training for investigating and prosecuting.
43.101.272 - Sexual assault—Training for persons investigating adult sexual assault.
43.101.274 - Sexual assault—Training curriculum modification.
43.101.276 - Sexual assault—Training curriculum requirements.
43.101.278 - Sexual assault—Development of proposal for case review program.
43.101.280 - Ethnic and cultural diversity—Development of curriculum for understanding—Training.
43.101.290 - Training regarding hate crime offenses.
43.101.300 - Juvenile runaways—Policy manual.
43.101.350 - Core training requirements.
43.101.360 - Report to the legislature.
43.101.365 - Child abuse and neglect—Development of curriculum.
43.101.370 - Child abuse and neglect—Intensive training.
43.101.380 - Hearings—Panel membership—Standard of proof—Appeals—Judicial review.
43.101.390 - Immunity of commission.
43.101.400 - Confidentiality of records—Public database.
43.101.415 - Racial profiling—Reports to the legislature.
43.101.419 - Motorcycle profiling.
43.101.420 - Personal crisis recognition and crisis intervention services—Training.
43.101.427 - Crisis intervention training—Rules.
43.101.430 - Criminal justice training commission firing range maintenance account.
43.101.435 - Washington internet crimes against children account.
43.101.450 - Violence de-escalation training.
43.101.452 - Mental health training.
43.101.460 - Audits—Deadly force investigations.
43.101.465 - Audits—Law enforcement agency training and certification requirements.
43.101.470 - Audits—Costs and fees.
43.101.495 - Written model policy—Duty to intervene.
43.101.800 - Critical incident stress management programs—Expansion—Report.
43.101.801 - Development of policies, procedures, and rules—2021 c 323.