(1) As a
condition of continuing employment as peace officers, all
Washington peace officers: (a) Shall timely obtain certification
as peace officers, or timely obtain certification or exemption
therefrom, by meeting all requirements of RCW 43.101.200, as that
section is administered under the rules of the commission, as
well by meeting any additional requirements under this chapter;
and (b) shall maintain the basic certification as peace officers
under this chapter.
(2)(a) As a condition of continuing employment for any
applicant that has been offered a conditional offer of employment
as a fully commissioned peace officer or a reserve officer after
July 24, 2005, including any person whose certification has
lapsed as a result of a break of more than twenty-four
consecutive months in the officer's service as a fully
commissioned peace officer or reserve officer, the applicant
shall successfully pass a psychological examination and a
polygraph or similar test as administered by the county, city, or
state law enforcement agency that complies with the following
requirements:
(i) The psychological examination shall be administered by a
psychiatrist licensed in the state of Washington pursuant to
chapter 18.71 RCW or a psychologist licensed in the state of
Washington pursuant to chapter 18.83 RCW. The examination shall
consist of, at a minimum, a standardized clinical test that is
widely used as an objective clinical screening tool for
personality and psychosocial disorders. The test that is used
and the conditions under which the test is administered, scored,
and interpreted must comply with accepted psychological
standards. Additional tests may be administered at the option of
the employing law enforcement agency.
(ii) The polygraph examination or similar assessment shall
be administered by an experienced polygrapher who is a graduate
of a polygraph school accredited by the American polygraph
association.
(b) The employing county, city, or state law enforcement
agency may require that each peace officer or reserve officer who
is required to take a psychological examination and a polygraph
or similar test pay a portion of the testing fee based on the
actual cost of the test or four hundred dollars, whichever is
less. County, city, and state law enforcement agencies may
establish a payment plan if they determine that the peace officer
or reserve officer does not readily have the means to pay for his
or her portion of the testing fee.
(3) The commission shall certify peace officers who have
satisfied, or have been exempted by statute or by rule from, the
basic training requirements of RCW 43.101.200 on or before
January 1, 2002. Thereafter, the commission may revoke
certification pursuant to this chapter.
(4) The commission shall allow a peace officer to retain
status as a certified peace officer as long as the officer: (a)
Timely meets the basic law enforcement training requirements, or
is exempted therefrom, in whole or in part, under RCW 43.101.200
or under rule of the commission; (b) meets or is exempted from
any other requirements under this chapter as administered under
the rules adopted by the commission; (c) is not denied
certification by the commission under this chapter; and (d) has
not had certification revoked by the commission.
(5) As a prerequisite to certification, as well as a
prerequisite to pursuit of a hearing under RCW 43.101.155, a
peace officer must, on a form devised or adopted by the
commission, authorize the release to the commission of his or her
personnel files, termination papers, criminal investigation
files, or other files, papers, or information that are directly
related to a certification matter or decertification matter
before the commission.
[2005 c 434 § 2; 2001 c 167 § 2.]