(The Center Square) – Voters typically expect higher standards from law enforcement, but one proposal to align expectations across different levels would also allow Washington state to decertify an elected sheriff and more.
House Bill 1399 aims to standardize state laws regarding the eligibility and duties of sheriffs, police chiefs, marshals, and volunteers. While it seeks to align the expectations of each position, it also cuts any mention of the U.S. Constitution amid conflicts over federal immigration enforcement.
If approved, sheriffs must enforce all state laws, be at least 25 years old, have two years of law enforcement experience, obtain certification within 12 months of assuming office, and pass the Criminal Justice Training Commission and Washington State Patrol background checks.
Supporters say HB 1399 upholds a basic professional standard; however, others consider requiring sheriffs to pass background checks before running for office an overreach.
If approved, the CJTC and WSP could decertify candidates and elected officials if they don’t uphold the state’s standards. James McMahon, policy director with the Washington Association of Sheriffs and Police Chiefs, testified in opposition during a public hearing on Wednesday.
“We are troubled that our planned meeting with the prime sponsor of the bill was canceled two days after we submitted a counter-proposal,” McMahon said. “We believe that at least two provisions of this bill violate sections of the Washington State Constitution.”
McMahon argued the bill violates provisions on free elections and recalls, while another law enforcement advocate called on the state to uphold the will of the voters. Another contentious provision would repeal a law barring the state from housing inmates of different sexes together.
“Lawsuits will be filed for negligence. Pregnancies will be costly. Prophylactics will need to be readily available,” Amie Ichikawa, founder of Woman II Woman, testified. “There will never be enough mental health services available to help the incarcerated population cope with the trauma that will definitely ensue.”
Vanessa Gutierrez, deputy director of Northwest Immigrant Rights Project, testified in favor of the bill.
She said law enforcement’s interaction with “communities that lack permanent immigration status are important for cooperation, safety and protection.” However, many in that community are concerned that some officials will cooperate with federal immigration authorities.
State law already prevents local law enforcement from participating in immigration enforcement, but HB 1399 would provide a mechanism for decertification if an official does. According to reporting from Investigate West, several sheriffs took different stances on aiding federal authorities.
Investigate West also outlined aspects of the bill that would limit the ability of volunteers. If the state had taken up HB 1399 years ago, it could have decertified sheriffs resisting COVID-19 restrictions or other laws they view as conflicting with the U.S. Constitution.
“Enhancing the standards of professionalism and updating these laws will help build trust with immigrant communities,” Gutierrez said, “especially during these times.”