Washington Code 43.101.010 – Definitions
Current as of: 2023 | Check for updates
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When used in this chapter:
Terms Used In Washington Code 43.101.010
- Arrest: Taking physical custody of a person by lawful authority.
- Commission: means the Washington state criminal justice training commission. See Washington Code 43.101.010
- Corrections officer: means any corrections agency employee whose primary job function is to provide for the custody, safety, and security of adult persons in jails and detention facilities in the state. See Washington Code 43.101.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Finding: means a determination based on a preponderance of the evidence whether alleged misconduct occurred; did not occur; occurred, but was consistent with law and policy; or could neither be proven or disproven. See Washington Code 43.101.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Reserve officer: means any person who does not serve as a peace officer of this state on a full-time basis, but who, when called by an agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state and includes:
Washington Code 43.101.010Statute: A law passed by a legislature. Verdict: The decision of a petit jury or a judge.
(1) “Applicant” means an individual who has received a conditional offer of employment with a law enforcement or corrections agency.
(2) “Chief for a day program” means a program in which commissioners and staff partner with local, state, and federal law enforcement agencies, hospitals, and the community to provide a day of special attention to chronically ill children. Each child is selected and sponsored by a law enforcement agency. The event, “chief for a day,” occurs on one day, annually or every other year and may occur on the grounds and in the facilities of the commission. The program may include any appropriate honoring of the child as a “chief,” such as a certificate swearing them in as a chief, a badge, a uniform, and donated gifts such as games, puzzles, and art supplies.
(3) “Commission” means the Washington state criminal justice training commission.
(4) “Convicted” means at the time a plea of guilty, nolo contendere, or deferred sentence has been accepted, or a verdict of guilty or finding of guilt has been filed, notwithstanding the pendency of any future proceedings, including but not limited to sentencing, posttrial or postfact-finding motions and appeals. “Conviction” includes all instances in which a plea of guilty or nolo contendere is the basis for conviction, all proceedings in which there is a case disposition agreement, and any equivalent disposition by a court in a jurisdiction other than the state of Washington.
(5) “Correctional personnel” means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.
(6) “Corrections officer” means any corrections agency employee whose primary job function is to provide for the custody, safety, and security of adult persons in jails and detention facilities in the state. “Corrections officer” does not include individuals employed by state agencies.
(7) “Criminal justice personnel” means any person who serves as a peace officer, reserve officer, or corrections officer.
(8) “Finding” means a determination based on a preponderance of the evidence whether alleged misconduct occurred; did not occur; occurred, but was consistent with law and policy; or could neither be proven or disproven.
(9) “Law enforcement personnel” means any person elected, appointed, or employed as a general authority Washington peace officer as defined in RCW 10.93.020 or as a limited authority Washington peace officer as defined in RCW 10.93.020 who as a normal part of their duties has powers of arrest and carries a firearm. For the purposes of this chapter, “law enforcement personnel” does not include individuals employed by the department of corrections.
(10) “Peace officer” has the same meaning as a general authority Washington peace officer as defined in RCW 10.93.020. Commissioned officers of the Washington state patrol, whether they have been or may be exempted by rule of the commission from the basic training requirement of RCW 43.101.200, are included as peace officers for purposes of this chapter. Fish and wildlife officers with enforcement powers for all criminal laws under RCW 77.15.075 are peace officers for purposes of this chapter. Limited authority Washington peace officers as defined in RCW 10.93.020, who have powers of arrest and carry a firearm as part of their normal duty, are peace officers for purposes of this chapter. For the purposes of this chapter, “peace officer” does not include individuals employed by the department of corrections.
(11) “Reserve officer” means any person who does not serve as a peace officer of this state on a full-time basis, but who, when called by an agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state and includes:
(a) Specially commissioned Washington peace officers as defined in RCW 10.93.020;
(b) Persons employed as security by public institutions of higher education as defined in RCW 28B.10.016; and
(c) Persons employed for the purpose of providing security in the K-12 Washington state public school system as defined in RCW 28A.150.010 and who are authorized to use force in fulfilling their responsibilities.
(12) “Tribal police officer” means any person employed and commissioned by a tribal government to enforce the criminal laws of that government.
[ 2023 c 168 § 1. Prior: 2021 c 323 § 1; 2020 c 119 § 2; 2008 c 69 § 2; 2003 c 39 § 27; 2001 c 167 § 1; 1981 c 132 § 2; 1977 ex.s. c 212 § 1; 1974 ex.s. c 94 § 1.]
NOTES:
Finding—2008 c 69: “The legislature finds that the Washington state criminal justice commission’s participation in charitable work, such as the “chief for a day” program that provides special attention to chronically ill children through recognition by various law enforcement agencies within the state, advances the overall purposes of the commission by promoting positive relationships between law enforcement and the citizens of the state of Washington.” [ 2008 c 69 § 1.]