PDFRCW 43.101.278

Sexual assaultDevelopment of proposal for case review program.

(1) Subject to the availability of amounts appropriated for this specific purpose, the commission shall conduct an annual case review program. The program must review case files from law enforcement agencies and prosecuting attorneys selected by the commission in order to identify changes to training and investigatory practices necessary to optimize outcomes in sexual assault investigations and prosecutions involving adult victims. The program must include:
(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;
(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;
(c) A comparison of cases involving prosecutors who have participated in the training described in RCW 43.101.273 to cases involving prosecutors who have not participated in such training;
(d) Randomly selected cases for a systematic review to assess whether current practices conform to national best practices for a multidisciplinary approach to investigating and prosecuting sexual assault cases and interacting with survivors; and
(e) 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 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 or 43.101.276 within the previous 24 months, the commission may prioritize the agency for selection to participate in the program under this section.
(4) In designing and conducting the program, the commission shall consult and collaborate with experts in trauma-informed and victim-centered training, experts in sexual assault investigations and prosecutions, victim advocates, and other stakeholders identified by the commission. The commission may form a multidisciplinary working group for the purpose of carrying out the requirements of this section.
(5) The program participation requirements under this section do not apply to limited authority Washington law enforcement agencies as defined in RCW 10.93.020 whose authority does not include the investigation of sexual assaults.
(6) The commission shall submit a report with a summary of its work to the governor and the appropriate committees of the legislature by December 1st of each year.
[ 2023 c 197 § 5; 2023 c 168 § 5; 2021 c 118 § 3; 2020 c 26 § 8.]


Reviser's note: This section was amended by 2023 c 168 § 5 and by 2023 c 197 § 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date2021 c 118: See note following RCW 5.70.060.
Intent2020 c 26: See note following RCW 63.21.090.