AG Investigations and Reform

The Problem

Systemic misconduct by law enforcement and local corrections agencies in Washington state erodes public trust and hinders effective policing. Existing mechanisms for addressing law enforcement and corrections misconduct are insufficient to ensure consistent, constitutional practices across the state.

The Solution

By clarifying and strengthening the Attorney General's authority to address systemic misconduct, the bill aims to promote transparency, accountability, and improved practices within law enforcement and local corrections agencies across Washington state. The ultimate goal is to enhance public safety, build trust, and ensure that these agencies operate in a manner consistent with the Constitution and the rights of all Washingtonians.

Key Provisions

Empower the Attorney General to Investigate Agencies

Grant the Attorney General the authority to investigate and initiate legal action against law enforcement and local corrections agencies for violations of the Washington State Constitution or state law, particularly when systemic issues within the agencies contribute to these violations. When an investigation is initiated, the AG will send a detailed letter to the local agency, explaining the process, what to expect, and request a meeting. The objective is to seek a remedy to address the issues as early as possible in the process. 

Focus on Systemic Reform

The bill explicitly states that this authority is not intended to address isolated acts of misconduct or hold individual officers liable. It emphasizes seeking systemic relief to promote consistent, constitutional policing, detention, and incarceration practices statewide.

Develop Model Policies for Accountability

The bill mandates that the Attorney General develop and publish model policies for law enforcement agency accountability systems, including complaint procedures, investigations, discipline, and appeals. These policies aim to promote transparency, fairness, and effectiveness in addressing misconduct while upholding civil and constitutional rights

Promote Collaboration and Avoid Duplication

The Attorney General is directed to collaborate with the U.S. Department of Justice to ensure efficient use of resources and avoid conflicts with federal investigations. The Attorney General must also consult with the Office of Independent Investigations to prevent interference with ongoing investigations.

Sponsors

Senator Drew Hansen

Representative Darya Farivar

FAQ

    • Excessive force by law enforcement officers.

    • Unlawful stops, searches, or arrests.

    • Discriminatory practices that violate the rights of Washingtonians.

    • Substandard conditions of confinement in jails and prisons.

    • Inadequate medical care for detainees and prisoners.

  • No, the bill explicitly states that it is not intended to address isolated acts of misconduct or hold individual officers liable. Instead, it focuses on systemic issues within agencies, such as insufficient accountability systems, inadequate training, and problematic policies that contribute to violations of constitutional and civil rights.

  • The bill clarifies that it does not preempt, limit, diminish, or otherwise affect any other cause of action or remedy authorized by state or federal law. The Attorney General's authority under the bill would be in addition to, not a replacement for, existing mechanisms for addressing law enforcement and corrections misconduct.

  • The bill directs the Attorney General to develop and publish model policies for law enforcement agency accountability systems.

    These policies should address:

    • Receiving complaints of serious misconduct.

    • Conducting investigations of serious misconduct.

    • Imposing discipline for serious misconduct.

    • Addressing disciplinary appeals.

    The model policies should promote transparency, fairness, and effectiveness in addressing misconduct, reduce officer misconduct, and uphold civil and constitutional rights.

Further Reading