The office of Attorney General Ferguson recently released a model use of force policy as required by HB 1310 passed during the 2021 legislative session.

By December 1, agencies must:

• Adopt the model policy;
• Adopt a policy consistent with the model policy; or
• Provide notice to the Attorney General’s Office stating the reason for any departure from the model policy and an explanation for how the agency’s policies are consistent with HB 1310.

The use of force policy is intended to promote safety for peace officers and the public by ensuring that officers use reasonable care when determining whether to use physical force or deadly force. Officers are required to use all available and appropriate de-escalation tactics prior to using physical force and, when possible, use the least amount of physical force necessary to overcome resistance under the circumstances, as well as terminate the physical force as soon as the necessity for it ends.

In developing the policy, the Attorney General’s Office solicited, received, and utilized feedback from state and local law enforcement agencies and leaders, the Criminal Justice Training Commission, and a large group of community organizations from across the state.

By Dec. 31, the Attorney General’s Office must publish on its website whether agencies’ adopted use of force policies are consistent with the model policy, or whether they departed from the model policies as well as their reasons for departure. The website must also include copies of agencies’ policies.

Consistent with the legislative directive, the model use of force policy applies to all peace officers in Washington but does not apply to corrections officers — aside from those working in the community — or other employees of jails, correctional or detention facilities.