HomeMy WebLinkAboutCSS 2020-08-10 Item 1C - Presentation - Law Enforcement Training and Community Safety Act (LETCSA)LAW ENFORCEMENT TRAINING
and
COMMUNTY SAFETY ACT
(LETCSA)
Independent Investigation of Officer Involved
Use of Deadly Force by an Independent
Investigative Team (11T)
{The intent of this presentation is to provide the
Tukwila Council with a summary of the new
legislation that sets standards for investigating
Officer involved use of deadly force, and to inform
the Council of the Tukwila Police Department's
involvement with these investigations.}
WAC 139-12-030 Independent Investigation Criteria
There are five principles that are fundamental to enhancing public
trust in the integrity of independent investigations involving police
use of deadly force:
Independence;
Transparency;
Communication;
Credible Process;
Credible Investigators.
INDEPENDENCE
Independence is essential to the integrity and objectivity of the
investigation. Maintaining independence is achieved through
compliance with rules and regulations designed to prohibit undue
influence, and the appearance of undue influence, by the involved
agency in the investigation
INDEPENDENCE
• No member of the involved agency may participate in any way in
the investigation of police use of deadly force.
• No information about the ongoing independent investigation of
police use of deadly force will be shared with any member of the
involved agency, except limited briefings given to the Chief of the
involved agency about the progress of the investigation, so that
they can mange the internal administrative investigation and
communicate with the community.
TRANSPARENCY
Transparency is the critical element of procedural justice that allows
community members to assess whether the process of the
investigation is conducted in a trustworthy manner and complies with
the standards for the five listed principles.
TRANSPARENCY
• The policies and operating procedures of the IIT will be available to
the public.
• The names of the members, supervisors, commanders, and non -
law enforcement community representatives on the IIT will be
made available to the public.
• Public updates about the investigation made at a minimum of once
per week.
• The assignment of at least two non -law enforcement community
representatives to each IIT.
TRANSPARENCY - Community Representative
• Participate directly in the vetting, interviewing, and/or selection of
IIT Investigators.
• Review conflict of interest statements.
• Be present at the briefings involving the involved agency(s) Chief.
• Have access to the investigation file when it is completed.
• Be provided a copy of all press releases and communication to the
media prior to release.
• Review notification of equipment use of the involved agency.
COMMUNICATION
Communication is key to enhancing the public's perception of police
legitimacy and fairness. A lack of open communication leads to
suspicion and damages trust.
COMMUNICATION
• A family member of the person against whom force has been used
will be notified as soon as they can be located by either the
involved agency or the IIT, whichever is faster.
• A member of the IIT will be assigned as a family liaison.
• Neither the involved agency nor the IIT will provide the media with
criminal background information of the person against whom
deadly force was used.
• If the person against whom deadly force was used is a member of a
federally recognized tribe, a member of the IIT will be assigned as a
tribal liaison.
CREDIBILITY
In order for investigations to be viewed as credible, it is critical to
demonstrate that the procedures followed are consistent, known to
the public, and rooted in best practices for homicide investigations,
with particular attention focused on those unique areas of evidence
relevant to the officer's decision -making process. Equally important is
the credibility of the investigators.
CREDIBILITY — Standards for a credible
independent investigative process:
• After life-saving first aid has been provided, members of the
involved agency and other first responders at the scene will secure
the incident scene and maintain its integrity until the IIT arrives.
• The perimeter must be clearly marked and protected.
• Evanescent evidence must be located and preserved.
• The independent investigation will follow best practices for
homicide investigations.
• Ensure no member of the IIT receives any compelled statements of
the involved officer(s)
CREDIBILITY — Standards for credible
investigators:
• All IIT leadership shall be commissioned peace officers, with
previous experience in criminal investigations.
• Ensure that qualified investigator applicants are interviewed by a
panel, which includes the non -law enforcement community
representatives and other members of the IIT selected by the IIT
commander.
• Ensure all applicants meet all time, rank, and training prerequisites
described in the WAC.
CREDIBILITY — Standards for credible
investigators (cont):
• The CJTC will issue an "IIT Qualified Lead investigator certificate" to ensure that
those who are assigned to a lead investigator role for an IIT meet the training
requirements listed below by the end of 2020.
• The IIT shall train as a unit at least annually.
• Investigators assigned to an IIT are expected to have a work history free of a
sustained finding of serious misconduct and/or a pattern of sustained complaints
and a personal history free of demonstratable bias or prejudice against
community members that may be impacted by the police use of deadly force.
CREDIBILITY — Standards for credible
investigators (cont):
• Within 72-hours of the commencement of the investigation,
investigators and non -law enforcement community
representatives, must complete a "conflict of interest" assessment
tool regarding any connection to the officers being investigated.
Valley Independent Investigative Team (VIIT)
The Tukwila Police Department is partnered with six other police
agencies to form a regional independent investigative team for
investigating officer involved use of deadly force incidents.
Auburn — Des Moines — Federal Way — Kent
Port of Seattle — Renton - Tukwila
Valley Independent Investigative Team (VIIT)
The Tukwila Police Department provides the following staff to VI IT:
• Four dedicated lead Detectives (additional investigators as needed,
but not as lead investigators)
• A Detective Sergeant
• An Investigations Commander
• A Deputy Chief
Valley Independent Investigative Team (VIIT)
Partnered agencies rotate the responsibility of being the lead
investigative agency.
The Detectives, Sergeants, and Commanders are directly responsible
for managing the investigation of an assigned incident.
The Deputy Chief has administrative oversite for all the investigations
that are conducted by VIIT teams, assures compliance with LETCSA,
and reports to the board of Chiefs on the activities of VIIT.
Valley Independent Investigative Team (VIIT)
VIIT is recognized by the Washington state Criminal Justice Training
Commission as a role model for other IIT in the State.
VIIT will continue to evolve as we incorporate the new legislation into
the team's protocols and continue to provide transparency to the
community with our investigations.
Thank you for your
Questions?
time.
Chapter 139-12 WAC
LAW ENFORCEMENT TRAINING AND COMMUNITY SAFETY ACT —INDEPENDENT
INVESTIGATIONS CRITERIA (LETCSA)
NEW SECTION
WAC 139-12-010 Purpose. 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 de-escalation,
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.
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
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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 a criminal
investigation and state law requires an "independent investigation"
completely independent of the involved agency.
NEW SECTION
WAC 139-12-020 Definitions. Best practices - For the purpose of
this chapter, best practices are defined as methods, techniques, and
procedures that have consistently shown by research and experience to
produce superior results and are established or proposed as a
standard, suitable for widespread adoption in the law enforcement
profession.
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Completed investigation - The final work product of the IIT for
the purpose of informing the prosecuting attorney's charging decision.
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.
Deadly force - As set forth in RCW 9A.16.010, "deadly force"
means the intentional application of force through the use of firearms
or any other means reasonably likely to cause death or serious
physical injury.
Evanescent evidence - Physical evidence that may be degraded or
tainted by human or environmental factors if left unprotected or
unpreserved for the arrival of the independent investigative team
(IIT); identification and contact information for witnesses to the
incident; photographs and other methods of documenting the location of
physical evidence and location/perspective of witnesses.
Good faith standard - As set forth in RCW 9A.16.040, ""good
faith" is an objective standard which shall consider all the facts,
circumstances, and information known to the officer at the time to
determine whether a similarly situated reasonable officer would have
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believed that the use of deadly force was necessary to prevent death
or serious physical harm to the officer or another individual."
Great bodily harm - As set forth in RCW 9A.04.110, "great bodily
harm" means bodily injury which creates a probability of death, or
which causes significant serious permanent disfigurement, or which
causes a significant permanent loss or impairment of the function of
any bodily part or organ.
Independent investigative team (IIT) - A team of qualified and
certified peace officer investigators, civilian crime scene
specialists, and at least two non -law enforcement community
representatives who operate completely independent of any involved
agency to conduct investigations of police deadly force incidents. An
IIT is created when multiple law enforcement agencies enter into a
written agreement to investigate police use of deadly force incidents
in their geographical regions. A single law enforcement agency may
fulfill the independent investigative function, provided it is not the
involved agency.
Initial incident response - This is the period in time
immediately following a police use of deadly force incident, and prior
to the arrival of the IIT, when involved agency personnel on scene and
other first responders immediately take actions to render the scene
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safe and provide or facilitate life-saving first aid to persons at the
scene who have life threatening injuries.
Involved agency - The agency that employs or supervises the
officer(s) who used deadly force. There can be more than one "involved
agency."
Member Agency - Each of the agencies that enters into a written
agreement to investigate police use of deadly force in their
geographical region.
Necessary - As set forth in RCW 9A.16.010, "necessary" means that
no reasonably effective alternative to the use of force appeared to
exist and that the amount of force used was reasonable to effect the
lawful purpose intended.
Prosecutor's review - The period of time when the IIT presents a
completed investigation to the prosecutor, who then reviews all the
facts and makes a charging decision.
Substantial bodily harm - As set forth in RCW 9A.04.110,
"substantial bodily harm" means bodily injury which involves a
temporary but substantial disfigurement, or which causes a temporary
but substantial loss or impairment of the function of any bodily part
or organ, or which causes a fracture of any bodily part.
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NEW SECTION
WAC 139-12-030 Independent investigation criteria. There are
five principles that are fundamental to enhancing public trust in the
integrity of independent investigations involving police use of deadly
force:
• Independence;
• Transparency;
• Communication;
• Credible process; and
• Credible investigators.
Standards are necessary for the involved agency and the public to
assess whether the actions taken by the IIT are independent,
transparent, credible, and communicated in a manner that results in a
compliant and complete investigation and builds public trust.
(1) Independence.
(a) Independence is essential to the integrity and objectivity of the
investigation. Maintaining independence is achieved through compliance
with rules and regulations designed to prohibit undue influence, and
the appearance of undue influence, by the involved agency in the
investigation.
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(b) Standards for an investigation completely independent of the
involved agency:
• Once the involved agency personnel and/or other first
responders have rendered the scene safe and provided or facilitated
life-saving first aid to persons at the scene who have life -
threatening injuries, the involved agency will immediately call the
IIT. Then the primary focus of the involved agency shifts to the
protection and preservation of evanescent evidence in order to
maintain the integrity of the scene until the IIT arrives. Once the
IIT arrives, and the IIT commander has the appropriate resources on
scene, the involved agency will relinquish control of the scene to the
IIT.
• No member of the involved agency may participate in any way in
the investigation of police use of deadly force conducted by the IIT,
with the following exception:
• Specialized equipment belonging to the involved agency may
not be used by the IIT unless: 1 - no reasonable alternative exists; 2
- the equipment is critical to carrying out the independent
investigation; and 3 - the use is approved by the IIT commander. If
the equipment is used, the non -law enforcement community
representatives on the IIT must be notified about: 1 - why it needs to
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be used; and 2 - the steps taken to appropriately limit the role of
any involved agency personnel in facilitating the use of that
equipment.
• No information about the ongoing independent investigation of
police use of deadly force will be shared with any member of the
involved agency, except limited briefings given to the chief or
sheriff of the involved agency about the progress of the investigation
so that they can manage the internal administrative investigation and
communicate with their community about the progress of the
investigation.
• If the chief or sheriff of the involved agency requests that
the IIT release the body cam video or other investigation information
of urgent public interest, the IIT commander should honor the request
with the agreement of the prosecutor of jurisdiction.
(2) Transparency.
(a) Transparency is the critical element of procedural justice that
allows community members to assess whether the process of the
investigation is conducted in a trustworthy manner and complies with
the standards for the five listed principles.
(b) Standards for the transparency of an independent investigation:
LM
• The policies and operating procedures of the IIT will be
available to the public.
• The names of the members, supervisors, commanders, and non -law
enforcement community representatives on the IIT will be available to
the public.
• A minimum of two non -law enforcement community representatives
will be assigned to each IIT to:
a. Participate directly in the vetting, interviewing, and/or
selection of IIT investigators. (Existing teams will have
until January 2021 to provide necessary information about the
qualifications of current IIT investigators to the non -law
enforcement community representatives for review.)
b. Review conflict of interest statements submitted within 72
hours of the commencement of each investigation by the
investigators;
c. Be present at the briefings with the involved agency(s) chief
or sheriff;
d. Have access to the investigation file when it is completed;
e. Be provided a copy of all press releases and communication to
the media prior to release; and
f. Review notification of equipment use of the involved agency.
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- The non -law enforcement community representatives must sign a
binding confidentiality agreement at the beginning of each police use
of deadly force investigation that remains in effect until the
prosecutor of jurisdiction either declines to file charges or the
criminal case is concluded.
- If the confidentiality agreement is violated, the non -law
enforcement representative may be subject to prosecution under RCW
9A.76.020 (Obstructing a law enforcement officer) and chapter 10.97
RCW, Washington State Criminal Records Privacy Act. For the purpose of
this chapter, "criminal background information" is the same as
"criminal history information" as defined in RCW 10.97.030(4).
• The commander or other representative of the IIT will provide
public updates about the investigation at a minimum of once per week,
even if there is no new progress to report.
• When an independent investigation is complete the information
will be made available to the public in a manner consistent with
applicable state law.
(3) Communication.
(a) Communication is key to enhancing the public's perception of
police legitimacy and fairness. A lack of open communication leads to
suspicion and damages trust.
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(b) Standards for communication during an independent investigation:
• A family member of the person against whom deadly force has
been used will be notified as soon as they can be located by either
the involved agency or the IIT, whichever is faster.
• A member of the IIT will be assigned as a family liaison within
the first twenty-four hours and keep the family, or a representative
of the family's choice, apprised of all significant developments in
the independent investigation and will give the family and the
involved agency advance notice of all scheduled press releases.
• Neither the involved agency nor the IIT will provide the media
with criminal background information of the person against whom deadly
force has been used, unless it is specifically requested, and release
of the information is required by the Public Records Act or other
applicable laws.
• If the person against whom deadly force is used is, or is
believed to be a member of a federally recognized tribe:
- The involved agency will notify the governor's office of Indian
affairs (GOIA) in accordance with RCW 10.114.021.
- A member of the IIT will be assigned as a tribal liaison within
the first twenty-four hours and keep the tribe (or a representative of
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the tribe's choice) apprised of all significant developments of the
investigation.
(4) Credibility.
(a) In order for investigations to be viewed as credible it is
critical to demonstrate that the procedures followed are consistent,
known to the public, and rooted in best practices for homicide
investigations, with particular attention focused on those unique
areas of evidence relevant to the officer's decision -making process.
Equally important is the credibility of the investigators. Training, a
history of ethical behavior, and demonstrated impartiality are
critical to maintain confidence in the investigation.
(b) Standards for a credible independent investigative process:
• After life-saving first aid has been provided, members of the
involved agency and other first responders at the scene will:
- Secure the incident scene and maintain its integrity until the
IIT arrives.
• The perimeter must be clearly marked and protected.
• Evanescent evidence must be located and preserved, consistent
with best practices published annually by the criminal justice
training commission.
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• The independent investigation will follow accepted best
practices for homicide investigations published and annually updated
by the WSCJTC.
• An involved agency conducting a timely internal administrative
investigation for compliance with department policy and procedures is
critical to maintaining public trust and is separate and distinct from
the independent investigation required by the LETCSA. To allow the
involved agency to move forward with the administrative investigation
in a timely fashion, the independent investigation required by LETCSA
must be conducted in a manner that does not inhibit the involved
agency from doing so. To accomplish this:
• The IIT commander must create and enforce firewalls, which is a
process to prevent information sharing between the IIT from the
involved agency, and train all team members to observe them to ensure
no member of the IIT receives any compelled statements of the involved
officer(s) or any investigative content that was informed by such
compelled statements.
• The firewall system and training must ensure that the involved
agency is affirmatively advised not to furnish "prohibited content" to
the IIT.
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• If any member of the IIT receives prohibited information, the
investigator receiving the prohibited information must immediately
report it to their supervisor and the member must discontinue
participation in the investigation. The information will be removed
and/or isolated from the remaining investigation unless the prosecutor
of jurisdiction deems such action unnecessary.
(c) The standards for credible investigators include:
(i) Appointed Members.
The chiefs and sheriffs who sign a written agreement to support and
participate in the IIT shall appoint:
• The IIT leadership team, which may include an IIT commander,
assistant commander, or co -commander.
• At least two non -law enforcement community representatives who
have credibility with and ties to communities impacted by police use
of deadly force. The Chiefs and Sheriffs of each regional team shall
create a transparent process for soliciting names and creating a
roster of individuals willing to serve in this capacity. The IIT
community representatives must be chosen from this list by the
chief (s) and/or sheriff (s) .
• All IIT leadership shall be commissioned peace officer(s), with
previous experience in criminal investigations.
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• The IIT supervisors shall be recommended by their agency to the
IIT commander.
(ii) Selection Process for IIT Members.
The IIT leadership shall:
• Ensure all applicants meet all time, rank, and training
prerequisites described in chapter xxx WAC.
• Ensure that qualified applicants are interviewed by a panel,
which includes the non -law enforcement community representatives and
other members of the IIT selected by the IIT commander.
• All applicants shall be interviewed using criteria pertinent
for the position of an IIT investigator. The same questions should be
asked of each applicant.
• At the conclusion of the panel the IIT commander shall consider
the recommendations of the panel and select those best suited for the
needs of the IIT.
(iii) Requirements for IIT Investigators.
• Applicants for the position of investigator must be employed by
a member agency of the IIT.
• The applicant shall be a commissioned peace officer in the
state of Washington with previous experience as a detective or
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investigator, or have special skills or experience necessary for the
team.
(iv) Periodic Appointment Review.
The chief or sheriff of a member agency, and the IIT commander
shall review the appointment of their IIT members who have served
three years for possible rotation or replacement.
(v) Training Requirements.
The credibility of an individual assigned to an IIT is grounded in two
elements: training and experience in criminal investigations. Since some
IIT members were chosen because of their experience in criminal
investigations, it is important to clearly define expectations for both
training and experience, and acknowledge the relationship between those two
elements.
IIT members who do not meet the training requirement are eligible
to participate on the IIT, but not in a lead position.
Civilian IIT members (i.e. Crime Scene Investigators, Evidence
Technicians, etc.) are not required to obtain the Qualified Lead
Investigator certificate, but the IIT leadership shall establish
reasonable non-commissioned training requirements through their IIT
protocol.
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The CJTC will issue an "IIT Qualified Lead investigator
certificate" to ensure that those who are assigned to a lead
investigator role for an IIT meet the training requirements listed
below by the end of 2020.
To obtain an IIT Qualified Lead Investigator certificate,
candidates must:
• Provide proof of at least three years of uninterrupted
experience as a certified peace officer, crime scene investigator, or
related expertise in a discipline relevant to investigations.
• Provide proof of successful completion of the prescribed
training classes, (or appropriate equivalent experience), listed in
this chapter.
(A) Basic training classes:
• Basic homicide investigation;
• Interviewing and interrogation;
• LETCSA Violence De-escalation and Mental health training.
IIT Members who have two years or more of relevant, full-time criminal
investigative work experience may substitute their work experience for the
required Basic Training classes. County Sheriffs, Police Chiefs, and IIT
Commanders are encouraged to promote continuing education as a best
practice for all members assigned to the IIT.
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(B) Advanced training classes.
A minimum of eight hours of training annually may include, but
is not limited to, the following criminal investigation topics:
• Advanced homicide investigation techniques;
• Advanced interviewing and interrogation;
• Officer -involved shooting investigation;
• In -custody death investigation;
• Excited delirium and positional asphyxia;
• Bloodstain pattern analysis;
• Crime scene photography/videography and
• Other related training, seminars, and conferences or
on -going training as offered by WSCJTC or other
training venues on an as available basis.
(C) In-service training.
• All IIT members shall receive priority registration to LETCSA
training, required homicide investigations training, and
recertification every three years.
• The IIT shall train as a unit at least annually.
(vi) Demonstrated History of Honorable Behavior.
Investigators assigned to an IIT are expected to have a work
history free of a sustained finding of serious misconduct and/or a
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pattern of sustained complaints and a personal history free of
demonstrable bias or prejudice against community members that may be
impacted by the police use of deadly force.
Examples of disqualifying sustained misconduct and/or personal
history include, but are not limited to:
• Discrimination of any type, based on protected classes
identified under RCW 49.60.030(1).
• Theft, fraud, dishonesty, and abuse of authority including, but
not limited to: Theft, falsifying an official police record or making
a false statement, serious ACCESS (a centralized computer enforcement
service system) violations, obtaining or disclosing confidential
information, and excessive use of force.
• Dishonorable behavior including, but not limited to:
Harassment, bullying, aggressive or intimidating behavior, or threats
of violence, including domestic violence.
(vii) Conflicts of Interest.
Within 72-hours of the commencement of each investigation,
investigators and non -law enforcement community representatives, must
complete a "conflict of interest" assessment tool regarding any
connection to the officers being investigated. The assessment (created
by WSCJTC) will include questions about prior interactions or
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relationships with officers being investigated, and will address
social conflict, work conflict, and bias. The conflict assessment will
be reviewed and discussed by the non -law enforcement community
representatives and the IIT commander. The conflict of interest
assessments for investigators and non -law enforcement community
representatives will be developed at the March 2020 summit and adopted
by the Commission at the June 2020 meeting.
pit;
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