Office of Independent Investigations.
In 2021 the Office of Independent Investigations (OII) was established as an investigative law enforcement agency within the Office of the Governor for the purpose of investigating certain incidents involving peace officers.
Jurisdiction.
The OII has jurisdiction to investigate:
The OII's investigatory jurisdiction only applies in cases where the involved officer was:
"Involved officer" means any general authority, limited authority, or specially commissioned Washington peace officer, or any employee of a city, county, or regional institution, correctional, jail, holding, or detention facility, who is involved in an incident as an actor or custodial officer.
Notification by Involved Agencies.
The involved agency must notify the OII of any incident under the OII's jurisdiction. If the incident involves use of deadly force by an involved officer resulting in death, substantial bodily harm, or great bodily harm, the involved agency must immediately contact the OII 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. "Involved agency" means a general authority or limited authority Washington law enforcement agency that employs or supervises the involved officer, or an agency responsible for a city, county, or regional adult or juvenile institution, correctional, jail, holding, or detention facility.
Investigations.
The involved agency must ensure that any of its officers or employees who are at the scene of an incident take all lawful measures necessary to protect, obtain, and preserve evidence relating to the incident until an OII investigator, or an independent investigation team (IIT) at the request of the OII, takes charge of the scene. If the OII requests that an IIT take control of the scene of an incident, the IIT must relinquish control of the scene and investigation at the OII's request under specified circumstances. The IIT may continue to engage in the investigation conducted at the scene if requested to do so by the lead OII investigator, the Director of the OII, or the director's designee. The IIT's involvement is limited to activities requested by the OII and must terminate following the securing of the scene and any evidence preservation or other actions as determined necessary by the OII at the scene.
When conducting an investigation, the OII must be given access to and copies of all reports and information in the custody and control of the involved agency, 911 emergency communication centers, and any law enforcement agency responding to the scene of the incident, that are necessary or related to the investigation. This includes, but is 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.
Public Records Act.
Under the Public Records Act, state and local agencies are required to make written records available to the public for inspection and copying upon request, unless an exemption applies.
Office of Independent Investigations.
Jurisdiction.
The Office of Independent Investigations' (OII's) investigatory jurisdiction is expanded to include:
Specific references to general authority, limited authority, and specially commissioned Washington peace officers are removed from the definition of "involved officer" and replaced with a general reference to peace officers who are involved in an incident within the OII's investigatory jurisdiction.
Notification by Involved Agencies.
The statutory provision requiring the involved agency to immediately contact the OII about any incident involving use of deadly force by an involved officer is expanded to require immediate contact for any incident involving any other use of force by an involved officer where there is good reason to believe the use of force may have caused or contributed, directly or indirectly, to a death. Immediate notification is not required after securing the scene of an incident where death does not occur during or shortly after a use of force other than deadly force. Other cases involving an in-custody death must be reported according to procedures established by the Director of the OII. Specific references to general authority and limited authority Washington law enforcement agencies are removed from the definition of "involved agency" and replaced with a general reference to agencies that employ or supervise an involved officer.
Investigations.
The scope of an independent investigation team's (IIT's) authority to investigate incidents at the OII's request is modified. The IIT may engage in an investigation if requested to do so by the lead OII investigator, the Director of the OII, or the director's designee. The IIT's involvement is limited to activities requested by the OII and must terminate following the securing of the scene and any evidence preservation or other actions as determined necessary by the OII.
The information that the OII must be given access to and copies of when conducting an investigation is expanded to include all reports and information in the custody and control of any responding fire department or ambulance service that are necessary or related to the investigation, except that certain health care information may only be provided with the consent of the patient or the patient's next of kin, or pursuant to a court order.
Public Records Act.
The following information is made exempt from public inspection and copying under the Public Records Act:
The substitute bill: (1) eliminates the provision of the original bill requiring the involved agency to immediately contact the Office of Independent Investigations (OII) if an involved officer's use of force other than deadly force may have caused or contributed to substantial or great bodily harm, and instead specifies that the involved agency is only required to report the incident immediately if there is good reason to believe the use of force may have caused or contributed to a death; (2) specifies that immediate notification is not required after securing the scene of an incident where death does not occur during or shortly after a use of force other than deadly force; and (3) requires the involved agency to report other cases involving an in-custody death according to procedures established by the Director of the OII, rather than immediately.
(In support) This bill better aligns state law with an honest interpretation of what the Legislature intended the Office of Independent Investigations (OII) to do when it was initially established, including by making several changes to the OII's operations, clarifying the authority of independent investigation teams to render limited assistance at the OII's request, and facilitating the OII's ability to collect data while protecting confidential information. Collectively, these changes are designed to resolve inconsistencies between the OII's jurisdiction and the jurisdiction of similar independent entities, thereby advancing the goal of having truly independent investigations that are fair, open, and transparent whenever an officer uses deadly force or any other force that results in a suspect's death.
It is not always clear when a death is attributable to an officer's use of force, such as when a death occurs sometime after the use of a restraint technique. Work is still being done to craft language related to notification requirements for delayed deaths where a person passes away days, weeks, or years after a use of force.
(Opposed) None.
(Other) It used to be the case that sheriffs and police chiefs would review their own agencies' incidents, which would rarely result in any findings of misconduct. However, even with the transition to more impartial investigations, a question remains about who should guard the guardians. Ultimately, the answer is the public and people who have access to investigation files and records. There is some concern that this bill appears to provide a blanket exemption from the Public Records Act for the OII's records. These matters are of the utmost importance for the public interest.
(In support) Representative Debra Entenman, prime sponsor; Annette Taylor, Office of Independent Investigations; Jessica Berliner, Office of Independent Investigations; and James McMahan, WA Assoc Sheriffs and Police Chiefs.