Private detention facilities

AN ACT Relating to private detention facilities; amending RCW 1
70.395.020, 70.395.040, 70.395.050, 70.395.060, and 70.395.100; 2
adding new sections to chapter 70.395 RCW; creating a new section; 3
and declaring an emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 70.395.020 and 2023 c 419 s 9 are each amended to 6
read as follows: 7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) (("Basic personal hygiene items" means items used to promote 10
or preserve a detained person's health and contribute to the 11
prevention of disease or infection, including soap, toothbrush and 12
toothpaste, shampoo and conditioner, lotion, nail clippers, comb, 13
towels, and menstrual products.14
(2) "Culturally competent" includes: Knowledge of a detained 15
person's cultural histories and contexts, as well as family norms and 16
values in different cultures; knowledge and skills in accessing 17
community resources and community outreach; and skills in adapting 18
services and treatment to a detained person's experiences and 19
identifying cultural contexts for individuals.20
H-0423.1
HOUSE BILL 1232
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ortiz-Self, Fey, Reed, Ramel, Leavitt, Mena,
Macri, Callan, Farivar, Gregerson, Simmons, Peterson, Wylie, Ormsby,
Fosse, and Hill
Prefiled 01/09/25. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1232
(3))) "Abuse" means an act by any individual which injures, 1
exploits, or in any way jeopardizes a detained person's health, 2
welfare, or safety, including, but not limited to:3
(a) Physically damaging or potentially damaging nonaccidental 4
acts;5
(b) Emotionally damaging verbal behavior and harassment or other 6
actions which may result in emotional or behavioral problems; and7
(c) Sexual abuse, exploitation, and mistreatment through 8
inappropriate touching, inappropriate remarks, or encouraging 9
participation in pornography or prostitution.10
(2) "Detained person" means a person confined in a private 11
detention facility. 12
(((4))) (3) "Detention facility" means any facility in which 13
persons are incarcerated or otherwise involuntarily confined for 14
purposes including prior to trial or sentencing, fulfilling the terms 15
of a sentence imposed by a court, or for other judicial or 16
administrative processes or proceedings. 17
(((5) "Fresh fruits and vegetables" means any unprocessed fruits 18
or vegetables, not including any processed, canned, frozen, or 19
dehydrated fruits or vegetables, or any fruits or vegetables infected 20
or infested with insects or other contaminants.21
(6)(a) "Personal protective equipment" means equipment worn to 22
minimize exposure to hazards that cause serious injuries and illness, 23
which may result from contact with chemical, radiological, physical, 24
electrical, mechanical, or other hazards.25
(b) Personal protective equipment may include items such as 26
gloves, safety glasses and shoes, earplugs or muffs, hard hats, 27
respirators, or coveralls, vests, and full body suits.28
(7))) (4) "Dietitian" means an individual certified under chapter 29
18.138 RCW.30
(5) "Neglect" means conduct which results in deprivation of care 31
necessary to maintain a detained person's minimum physical and mental 32
health including, but not limited to:33
(a) Physical and material deprivation;34
(b) Lack of medical care;35
(c) Inadequate food, clothing or cleanliness;36
(d) Refusal to acknowledge, hear, or consider a detained person's 37
concerns;38
(e) Lack of social interaction and physical activity;39
(f) Lack of personal care; and40
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(g) Lack of supervision appropriate for the detained person's 1
level of functioning.2
(6) "Private detention facility" means a detention facility that 3
is operated by a private, nongovernmental for-profit entity and 4
operating pursuant to a contract or agreement with a federal, state, 5
or local governmental entity. 6
(((8) "Solitary confinement" means the confinement of a detained 7
person alone in a cell or similarly confined holding or living space 8
for 20 hours or more per day under circumstances other than a partial 9
or facility wide lockdown.10
(9) "Telecommunications services" means phone calls or other 11
voice communication services, video communications, and email 12
services.))13
Sec. 2. RCW 70.395.040 and 2023 c 419 s 2 are each amended to 14
read as follows: 15
(1) The department of health shall adopt rules as may be 16
necessary to effectuate the intent and purposes of this section in 17
order to ensure private detention facilities comply with measurable 18
standards providing sanitary, hygienic, and safe conditions for 19
detained persons. The department of health rules shall include 20
that((:21
(a) A detained person should have a safe, clean, and comfortable 22
environment that allows a detained person to use the person's 23
personal belongings to the extent possible;24
(b) Living areas, including areas used for sleeping, recreation, 25
dining, telecommunications, visitation, and bathrooms, must be 26
cleaned and sanitized regularly;27
(c) A private detention facility must provide laundry facilities, 28
equipment, handling, and processes for linen and laundered items that 29
are clean and in good repair, adequate to meet the needs of detained 30
persons, and maintained according to the manufacturer's instructions. 31
Laundry and linen must be handled, cleaned, and stored according to 32
acceptable methods of infection control including preventing 33
contamination from other sources. Separate areas for handling clean 34
laundry and soiled laundry must be provided and laundry rooms and 35
areas must be ventilated to the exterior;36
(d) Basic personal hygiene items must be provided to a detained 37
person regularly at no cost;38
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(e) A private detention facility shall provide a nutritious and 1
balanced diet, including fresh fruits and vegetables, and shall 2
recognize a detained person's need for a special diet. A private 3
detention facility must follow proper food handling and hygiene 4
practices. A private detention facility must provide at least three 5
meals per day, at no cost, and at reasonable hours;6
(f) Safe indoor air quality must be maintained;7
(g) The private detention facility must have both heating and air 8
conditioning equipment that can be adjusted by room or area. Rooms 9
used by a detained person must be able to maintain interior 10
temperatures between 65 degrees Fahrenheit and 78 degrees Fahrenheit 11
year-round. Excessive odors and moisture must be prevented in the 12
building; and13
(h) A private detention facility must implement and maintain an 14
infection control program that prevents the transmission of 15
infections and communicable disease among detained persons, staff, 16
and visitors.)) a private detention facility must provide:17
(a) A safe and clean environment for detained persons, staff, and 18
visitors;19
(b) Ready access and equipment to accommodate detained persons 20
with physical and mental disabilities;21
(c) Adequate lighting in all areas;22
(d) Natural or mechanical ventilation sufficient to remove odors, 23
smoke, excessive heat, and condensation from all habitable rooms;24
(e) A heating system operated and maintained to sustain a 25
comfortable, healthful temperature in all habitable rooms;26
(f) An adequate supply of hot and cold running water under 27
pressure meeting the standards in chapters 246-290 and 246-291 WAC, 28
with devices to prevent backflow into the potable water supply 29
system, and water temperature not exceeding 120 degrees Fahrenheit 30
automatically regulated at all plumbing fixtures used by detained 31
persons;32
(g) Written policies, procedures, and schedules for maintenance 33
and housekeeping functions;34
(h) Housekeeping and service facilities on each floor, including:35
(i) One or more service sinks, designed for filling and emptying 36
mop buckets;37
(ii) Housekeeping closets that are equipped with shelving, 38
ventilated to the out-of-doors, and kept locked; and39
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(iii) A utility service area designed and equipped for washing, 1
disinfecting, storing, and housing medical and nursing supplies and 2
equipment; and3
(i) Equipment and facilities to collect and dispose of all 4
sewage, garbage, refuse, and liquid waste in a safe and sanitary 5
manner.6
(2) The office of the attorney general may enforce violations of 7
this section on its own initiative or in response to complaints or 8
violations. 9
Sec. 3. RCW 70.395.050 and 2023 c 419 s 3 are each amended to 10
read as follows: 11
(1) The department of health may at any time inspect a private 12
detention facility to determine whether it has failed or refused to 13
comply with the requirements of this chapter, the standards or rules 14
adopted under this chapter, or other applicable state or federal 15
statutes or rules regulating such facilities.16
(2) The department of health shall: 17
(a) Conduct routine, unannounced inspections of private detention 18
facilities including, but not limited to, inspection of food service 19
and food handling, sanitation and hygiene, and nutrition as provided 20
in (c) of this subsection; 21
(b) Conduct investigations of complaints received relating to any 22
private detention facility located within the state;23
(c) Regularly review the list of food items provided to detained 24
persons to ensure the specific nutrition and calorie needs of each 25
detained person are met, including any needs related to medical 26
requirements, food allergies, or religious dietary restrictions;27
(d) Test water used for drinking and bathing and air quality 28
every six months at private detention facilities both inside and 29
outside of the facility; and 30
(e) Post inspection results on its website and in a conspicuous 31
place viewable by detained persons and visitors to private detention 32
facilities. Results should be posted in English and in languages 33
spoken by detainees, to the extent practicable. 34
(((2))) (3) The department of health may delegate food safety 35
inspections to the local health jurisdiction, where the local health 36
jurisdiction is in the county where the private detention facility is 37
located, to conduct inspections pursuant to regulations.38
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(((3))) (4) The department of health shall adopt rules as may be 1
necessary to effectuate the intent and purposes of this section in 2
order to ensure private detention facilities allow regular 3
inspections and comply with measurable standards providing sanitary, 4
hygienic, and safe conditions for detained persons.5
(((4))) (5) The department of labor and industries shall conduct 6
routine, unannounced inspections of workplace conditions at private 7
detention facilities, including work undertaken by detained persons.8
(((5))) (6) The office of the attorney general may enforce 9
violations of this section on its own initiative or in response to 10
complaints or violations. 11
NEW SECTION. Sec. 4. A new section is added to chapter 70.395 12
RCW to read as follows: 13
In any case in which the department of health conducts an 14
inspection of a private detention facility and finds that the private 15
detention facility has failed or refused to comply with applicable 16
state statutes or regulations, the department of health may take one 17
or more of the following actions: 18
(1) When the department of health determines the private 19
detention center has previously been subject to an enforcement action 20
for the same or similar type of violation of the same statute or 21
rule, or has been given any previous statement of deficiency that 22
included the same or similar type of violation of the same or similar 23
statute or rule, or has failed to correct noncompliance with a 24
statute or rule by a date established or agreed to by the department 25
of health, the department of health may impose reasonable conditions 26
on the private detention center, which may include correction within 27
a specified amount of time, training, or hiring a consultant approved 28
by the department of health if the private detention facility cannot 29
demonstrate that it has access to sufficient internal expertise.30
(2)(a) In accordance with the authority under RCW 43.70.095, the 31
department of health may assess a civil fine of up to $10,000 per 32
violation, not to exceed a total fine of $1,000,000, on a private 33
detention facility if the private detention facility has previously 34
been subject to an enforcement action for the same or similar type of 35
violation of the same statute or rule, or has been given any previous 36
statement of deficiency that included the same or similar type of 37
violation of the same or similar statute or rule, or has failed to 38
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correct noncompliance with a statute or rule by a date established or 1
agreed to by the department of health. 2
(b) Proceeds from these fines may only be used by the department 3
of health to provide training or technical assistance to private 4
detention facilities. 5
(c) The department of health shall adopt in rules specific fine 6
amounts in relation to the severity of the noncompliance.7
(d) If a private detention facility is aggrieved by the 8
department of health's action of assessing civil fines, the private 9
detention facility has the right to appeal under RCW 43.70.095.10
NEW SECTION. Sec. 5. A new section is added to chapter 70.395 11
RCW to read as follows: 12
As resources allow, the department of health shall make private 13
detention facility inspection statements of deficiencies, plans of 14
correction, notice of acceptance of plans of correction, enforcement 15
actions, and notices of resolution available to the public on the 16
internet. 17
Sec. 6. RCW 70.395.060 and 2023 c 419 s 4 are each amended to 18
read as follows: 19
(1) This section does not apply to private detention facilities 20
operating pursuant to a valid contract that was in effect prior to 21
January 1, 2023, for the duration of that contract, not to include 22
any extensions or modifications made to, or authorized by, that 23
contract. 24
(2) A private detention facility operating pursuant to a contract 25
or agreement with a federal, state, or local government shall comply 26
with the following: 27
(a) ((A detained person, upon admission to a private detention 28
facility, must be issued new clothing and new footwear for both 29
indoor and outdoor use and for protection against cold and heat. 30
Clothing issued must be regularly laundered and replaced at no cost 31
once no longer hygienic or serviceable;32
(b) Any food items in the commissary must be available at 33
reasonable prices taking into account the income and financial 34
circumstances of detained persons;35
(c) Telecommunications services must be provided free of charge 36
to detained persons and any communication, whether initiated or 37
received through such a service, must be free of charge to the 38
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detained person initiating or receiving the communication. Each 1
detained person must be eligible to use these telecommunications 2
services for at least 60 minutes on each day of the person's 3
detainment. Private detention facilities must not use the provision 4
of telecommunications services or any other communication service to 5
supplant in-person contact visits any detained person may be eligible 6
to receive; 7
(d) In-person visitation must be available daily. Visitation 8
rooms must allow for the presence of children and personal contact 9
between visiting persons and detained persons may not be restricted. 10
A detained person may receive reading and writing materials during 11
visitation;12
(e) Solitary confinement is prohibited;13
(f) Televisions must be available and accessible to a detained 14
person at no cost. The private detention facility shall make every 15
effort to make television programming available in the language of 16
the detained person;17
(g) Handheld radios must be provided to a detained person at no 18
cost;19
(h) A detained person may invite persons to the private detention 20
facility to provide legal education, know your rights presentations, 21
and other similar programming;22
(i) Computer and internet access must be available and accessible 23
to a detained person at no cost;24
(j) A law library must be available and accessible;25
(k) Communication from the private detention facility to a 26
detained person, either in writing or verbally, must be delivered in 27
the primary language of the detained person;28
(l) Sexual violence and harassment grievances must be responded 29
to immediately by culturally competent professionals on-site and 30
reported to local law enforcement in the county where the private 31
detention facility is located;32
(m) Mental health evaluations should occur at intake and 33
periodically, at least once a week. Culturally competent mental 34
health therapy must be available and free;35
(n) Requested medical care and attention must be provided without 36
delay, including the provision of requested medical accommodations;37
(o) Rooms used by a detained person for sleeping must have access 38
to windows, natural light, and natural air circulation. Subject to 39
safety limitations, sleeping rooms must include adjustable curtains, 40
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shades, blinds, or the equivalent installed at the windows for visual 1
privacy and that are shatterproof, screened, or of the security type 2
as determined by the private detention facility needs; and3
(p) A private detention facility must be equipped to respond to 4
natural and human-made emergencies, including earthquakes, lahar 5
threats, tsunami, and industrial accidents. A private detention 6
facility must be earthquake resistant. A private detention facility 7
shall develop emergency operation and continuity of operations plans 8
and provide those plans to the local emergency management department. 9
A private detention facility must stock all necessary personal 10
protective equipment in case of disease outbreaks consistent with 11
large numbers of people detained in close contact to one another. )) 12
The private detention facility shall:13
(i) Comply with food service rules under chapters 246-215 and 14
246-217 WAC;15
(ii) Designate an individual responsible for managing and 16
supervising food services 24 hours per day, including:17
(A) Incorporating ongoing recommendations of a dietitian;18
(B) Serving at least three meals a day at regular intervals with 19
15 or fewer hours between the evening meal and breakfast, unless the 20
facility provides a nutritious snack between the evening meal and 21
breakfast;22
(C) Providing well-balanced meals and nourishments that meet the 23
current recommendations published in recommended dietary allowances 24
by the national research council, 10th edition, 1989, adjusted for 25
the detained person's age, sex, and activities unless 26
contraindicated;27
(D) Making nourishing snacks available as needed for detained 28
persons, and posted as part of the menu;29
(E) Preparing and serving therapeutic diets according to written 30
medical orders;31
(F) Preparing and serving meals under the supervision of food 32
service staff;33
(G) Maintaining a current diet manual, approved in writing by the 34
dietitian and medical staff, for use in planning and preparing 35
therapeutic diets; and36
(H) Ensuring all menus: Are written at least one week in advance; 37
indicate the date, day of week, month, and year; include all foods 38
and snacks served that contribute to nutritional requirements; 39
provide a variety of foods; are approved in writing by the dietitian; 40
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are posted in a location easily accessible to detained persons at the 1
facility; and are retained for one year; 2
(iii) Substitute foods, when necessary, of comparable nutrient 3
value and record changes on the menu;4
(iv) Allow sufficient time for detained persons to consume meals;5
(v) Ensure staff from dietary and food services are present in 6
the facility during all meal times; and7
(vi) Keep policies and procedures pertaining to food storage, 8
preparation, and cleaning food service equipment and work areas in 9
the food service area for easy reference by dietary staff at all 10
times;11
(b) The private detention facility shall provide a readily 12
available telephone for detained persons to make and receive 13
confidential calls, and make a nonpay telephone or equivalent 14
communication device readily accessible on each floor occupied by a 15
detained person for emergency use;16
(c) The private detention facility shall provide a visiting area 17
allowing privacy for detained persons and visitors;18
(d) The private detention facility shall develop and implement 19
the written policies and procedures consistent with assuring the 20
rights of detained persons, protecting against abuse and neglect, and 21
reporting suspected incidents, and post those policies and procedures 22
in a prominent place for detained persons at the facility to read;23
(e) The private detention facility shall employ sufficient, 24
qualified staff to:25
(i) Provide adequate services to detained persons;26
(ii) Maintain the facility free of safety hazards; and27
(iii) Implement fire and disaster plans;28
(f) The private detention facility shall provide and document 29
orientation and appropriate training for all staff, including:30
(i) Organization of the facility;31
(ii) Physical layout of facility, including buildings, 32
departments, exits, and services;33
(iii) Fire and disaster plans, including monthly drills;34
(iv) Infection control;35
(v) Specific duties and responsibilities;36
(vi) Policies, procedures, and equipment necessary to perform 37
duties;38
(vii) Policies related to the rights of detained persons and 39
protecting against abuse and neglect;40
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(viii) Managing the behavior of detained persons; and1
(ix) Appropriate training for expected duties; and2
(g) The private detention facility shall establish and implement 3
an effective facility-wide infection control program including, at a 4
minimum, the following:5
(i) Written policies and procedures describing:6
(A) Types of surveillance used to monitor rates of infections 7
originating at the facility;8
(B) Systems to collect and analyze data; and9
(C) Activities to prevent and control infections;10
(ii) A review process to determine if staff and detained person 11
infections originated at the facility;12
(iii) A procedure for reviewing and approving infection control 13
aspects of policies and procedures used in each area of the facility;14
(iv) A procedure to monitor the physical environment of the 15
facility for situations which may contribute to the spread of 16
infectious diseases; and17
(v) Provisions for:18
(A) Providing consultation regarding care practices, equipment, 19
and supplies which may influence the risk of infection;20
(B) Providing consultation regarding appropriate procedures and 21
products for cleaning, disinfecting, and sterilizing;22
(C) Providing infection control information for orientation and 23
in-service education for staff providing direct care;24
(D) Making recommendations, consistent with federal, state, and 25
local laws and rules, for methods of safe and sanitary disposal of 26
sewage, solid and liquid wastes, and infectious wastes, including 27
safe management of sharps;28
(E) Identifying specific precautions to prevent transmission of 29
infections; and30
(F) Coordinating employee activities to control exposure and 31
transmission of infections to or from employees and others performing 32
services.33
(3) The office of the attorney general may enforce violations of 34
this section on its own initiative or in response to complaints or 35
violations. 36
Sec. 7. RCW 70.395.100 and 2023 c 419 s 10 are each amended to 37
read as follows: 38
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RCW 70.395.040 through 70.395.080 and sections 4 and 5 of this 1
act do not apply to a facility that is: 2
(1) ((Providing rehabilitative, counseling, treatment, mental 3
health, educational, or medical services to juveniles who are subject 4
to Title 13 RCW, or similarly applicable federal law;5
(2))) Providing evaluation and treatment or forensic services to 6
a person who has been civilly detained or is subject to an order of 7
commitment by a court pursuant to chapter 10.77, 71.05, 71.09, or 8
71.34 RCW, or similarly applicable federal law, including facilities 9
regulated under chapters 70.41, 71.12, and 71.24 RCW;10
(((3))) (2) Used for the quarantine or isolation of persons for 11
public health reasons pursuant to RCW 43.20.050, or similarly 12
applicable federal law; 13
(((4))) (3) Used for work release under chapter 72.65 RCW, or 14
similarly applicable federal law; 15
(((5))) (4) Used for extraordinary medical placement;16
(((6))) (5) Used for residential substance use disorder 17
treatment; or 18
(((7))) (6) Owned and operated by federally recognized tribes and 19
contracting with a government. 20
NEW SECTION. Sec. 8. This act is necessary for the immediate 21
preservation of the public peace, health, or safety, or support of 22
the state government and its existing public institutions, and takes 23
effect immediately.24
NEW SECTION. Sec. 9. If any provision of this act or its 25
application to any person or circumstance is held invalid, the 26
remainder of the act or the application of the provision to other 27
persons or circumstances is not affected.28
NEW SECTION. Sec. 10. This act shall be construed liberally to 29
effectuate its purposes.30
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