[Filed May 4, 2026, 2:38 p.m.]

Preproposal statement of inquiry was filed as WSR 26-07-029.

Title of Rule and Other Identifying Information: WAC 139-12-010 Purpose.

Hearing Location(s): On June 10, 2026, at 10:00 a.m., at Washington State Criminal Justice Training Commission, Commission Room, 19010 1st Avenue South, Burien, WA 98148.

Date of Intended Adoption: June 10, 2026.

Submit Written Comments to: Lacey Ledford, 19010 1st Avenue South, Burien, WA 98148, email Lacey.Ledford@cjtc.wa.gov, beginning May 5, 2026, by June 10, 2026.

Assistance for Persons with Disabilities: Contact Lacey Ledford, phone 206-670-5813, email lacey.ledford@cjtc.wa.gov, by June 10, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revising WAC 139-12-010 to add and update language.

Reasons Supporting Proposal: This rule change will provide clarity for those conducting, reviewing, or assessing independent investigations and will satisfy recommendations from the state auditor's office by aligning with the office of independent investigations' chapter 43.102 RCW.

Statutory Authority for Adoption: RCW 43.101.080, 43.101.455, and 10.114.011.

Statute Being Implemented: RCW 43.101.080, 43.101.455, and 10.114.011.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Alex Buijs, Burien, Washington, 206-591-7930.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Is exempt under RCW 19.85.025(4).

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 20-01-023 and 20-01-121, filed 12/6/19 and 12/16/19, effective 1/6/20 and 1/16/20)

WAC 139-12-010Purpose.

(1) In 2015 the U.S. Department of Justice issued a final report from the 21st Century Task Force on Policing. A core focus of that report addressed strategies for improving relationships, increasing community engagement, and fostering cooperation. The report recommended clear and comprehensive policies on the use of force, training on the importance of deescalation, crisis intervention and mental health, the provision of first aid, and recommended external and independent investigations in officer involved shootings resulting in injury or death. Initiative 940 and SHB 1064 incorporated those recommendations and these WACs implement the requirement of an independent investigation that is completely independent of the involved agency. The goal of this requirement is to enhance accountability and increase trust to improve the legitimacy of policing for an increase in safety for everyone.

(2) Ultimately, this is about the sanctity of all human life; the lives of police officers and the lives of the people they serve and protect. The preservation of life should be at the heart of American policing. RCW 9A.16.040 provides a legal justification for officers whose use of deadly force meets the "good faith" standard. RCW 10.114.011 requires that where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. The independent investigation is conducted in the same manner as a criminal investigation and state law requires an "independent investigation" completely independent of the involved agency.

(3) The Washington state office of independent investigations (OII) conducts investigations of police use of force and other incidents involving law enforcement as authorized by chapter 43.102 RCW. If OII declines to investigate a use of deadly force incident, the duty to investigate remains with the independent investigation team (IIT) or local law enforcement authority with jurisdiction over the incident. RCW 43.102.120(6).

(4) There are five principles that are fundamental to enhancing public trust in the integrity of independent investigations involving police use of deadly force:

(a) Independence;

(b) Transparency;

(d) Credible process; and

(e) Credible investigators.