Office of corrections ombuds

AN ACT Relating to increasing transparency and accountability of 1
the office of corrections ombuds through increased involvement of 2
those with lived experience including by establishing an advisory 3
council; amending RCW 43.06C.040; adding a new section to chapter 4
43.06C RCW; and creating a new section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature created the office of the 7
corrections ombuds to serve as an independent and impartial entity to 8
provide oversight, monitoring, and investigation into issues arising 9
within the state's prisons. It was also created to help strengthen 10
procedures and practices that promote the health, safety, welfare, 11
and rehabilitation of incarcerated individuals and reduce the 12
exposure of the department of corrections to litigation. To ensure 13
that the office's work remains focused on addressing the needs of 14
currently incarcerated people, the legislature hereby creates an 15
advisory council composed of community stakeholders, including 16
current and formerly incarcerated people, to provide advice and 17
feedback to the ombuds.18
NEW SECTION. Sec. 2. A new section is added to chapter 43.06C 19
RCW to read as follows: 20
H-0483.1
HOUSE BILL 1396
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Peterson, Davis, Parshley, Reed, Doglio,
Pollet, Ormsby, and Hill
Read first time 01/20/25. Referred to Committee on Community Safety.
p. 1 HB 1396
(1)(a) By December 1, 2025, and subject to the availability of 1
amounts appropriated for this specific purpose, the governor shall 2
convene an ombuds advisory council with several purposes in support 3
of the ombuds function. The council shall help the ombuds establish 4
its priorities pursuant to section 3 of this act and will provide 5
input on priorities to the ombuds annually. The council shall receive 6
briefings or reports from the ombuds relating to deidentified data, 7
trends, and other relevant issues, and make recommendations to the 8
ombuds. The council does not participate in any ombuds investigations 9
and is not authorized to receive records that are confidential 10
pursuant to RCW 43.06C.060 and 43.06C.080. 11
(b)(i) The council may issue its own annual public report with 12
recommendations for the ombuds regarding its policies relating to 13
advocacy on behalf of the incarcerated population as well as its 14
priorities for larger investigations and reports. 15
(ii) The council may solicit feedback directly from incarcerated 16
individuals about the ombuds office. 17
(2)(a) The governor shall appoint the members of the council. The 18
ombuds and the state office of equity established in RCW 43.06D.020 19
may provide the governor recommendations for appointment to the 20
council. The governor may consider these recommendations when making 21
appointments. The council shall consist of the following 11 members:22
(i) One person currently incarcerated in medium or close custody 23
at the department of corrections men's division; 24
(ii) One person currently incarcerated in medium or close custody 25
at the department of corrections women's division;26
(iii) One person currently incarcerated at the department of 27
corrections who was sentenced to a term of life imprisonment;28
(iv) Two persons who were formerly incarcerated in medium or 29
close custody at the department of corrections; 30
(v) Two family members of persons who are currently or were 31
formerly incarcerated at the department of corrections;32
(vi) A community member with knowledge and experience in issues 33
related to racial, ethnic, or religious diversity within the 34
department of corrections correctional system; 35
(vii) A community member with knowledge and experience in the 36
accommodation needs of individuals with disabilities;37
(viii) A community member with a gender responsive background; 38
and 39
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(ix) A licensed health care provider, who preferably has 1
knowledge and experience in behavioral health care.2
(b) In appointing persons to serve on the council, the governor 3
shall strive to reflect the racial and ethnic makeup of persons 4
incarcerated at the department of corrections. 5
(3) After the full membership is attained, vacancies on the 6
council shall be filled in the same manner as the original 7
appointments. 8
(4) Councilmembers serve a term of two years, except that the 9
council shall create and implement a system of staggered terms, and 10
no member may serve more than two consecutive terms. The council will 11
designate two cochairs by vote, and one must be currently or formerly 12
incarcerated. 13
(5) Eligible members of the council, including persons currently 14
incarcerated, shall receive stipends according to RCW 43.03.220. The 15
department of corrections shall work with the office of the 16
corrections ombuds to develop a process where currently incarcerated 17
and eligible councilmembers may be paid stipends for their 18
participation. 19
(6) The council shall convene at least quarterly.20
(7) The council is subject to the open public meetings act, 21
chapter 42.30 RCW. 22
(8) Councilmembers shall complete training to utilize an 23
antiracist lens in their duties as councilmembers.24
Sec. 3. RCW 43.06C.040 and 2018 c 270 s 5 are each amended to 25
read as follows: 26
(1) The ombuds shall: 27
(a) Establish priorities in consultation with the advisory 28
council created in section 2 of this act for use of the limited 29
resources available to the ombuds; 30
(b) Maintain a statewide toll-free telephone number, a collect 31
telephone number, a website, and a mailing address for the receipt of 32
complaints and inquiries; 33
(c) Provide information, as appropriate, to ((inmates)) 34
incarcerated individuals , family members, representatives of 35
((inmates)) incarcerated individuals , department employees, and 36
others regarding the rights of ((inmates)) incarcerated individuals;37
(d) Provide incarcerated individuals, family members, 38
representatives of incarcerated individuals, department employees, 39
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members of the advisory council established in section 2 of this act, 1
and others the opportunity to comment on ombuds services;2
(e) Provide technical assistance to support ((inmate)) the 3
participation of incarcerated individuals in their self-advocacy;4
(((e))) (f) Monitor department compliance with applicable 5
federal, state, and local laws, rules, regulations, and policies as 6
related to the health, safety, welfare, and rehabilitation of 7
((inmates)) incarcerated individuals; 8
(((f))) (g) Monitor and participate in legislative and policy 9
developments affecting correctional facilities; 10
(((g))) (h) Establish a statewide uniform reporting system to 11
collect and analyze data related to complaints received by the ombuds 12
regarding the department; 13
(((h))) (i) Establish procedures to receive, investigate, and 14
resolve complaints; 15
(((i))) (j) Establish procedures to gather and meaningfully 16
engage with stakeholder input into the ombuds' activities and 17
priorities, which must include at a minimum quarterly public meetings 18
where members of the public may provide public comment;19
(((j))) (k) Submit annually to the governor's office, the 20
legislature, and the statewide family council, by November 1st of 21
each year, a report that includes, at a minimum, the following 22
information: 23
(i) The budget and expenditures of the ombuds;24
(ii) The number of complaints received and resolved by the 25
ombuds; 26
(iii) A description of significant systemic or individual 27
investigations or outcomes achieved by the ombuds during the prior 28
year; 29
(iv) Any outstanding or unresolved concerns or recommendations of 30
the ombuds; and 31
(v) Input and comments from stakeholders, including the statewide 32
family council, regarding the ombuds' activities during the prior 33
year; and 34
(((k))) (l) Adopt and comply with rules, policies, and procedures 35
necessary to implement this chapter. 36
(2)(a) The ombuds may initiate and attempt to resolve an 37
investigation upon his or her own initiative, or upon receipt of a 38
complaint from an ((inmate)) incarcerated individual , a family 39
member, a representative of an ((inmate)) incarcerated individual, a 40
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department employee, or others, regarding any of the following that 1
may adversely affect the health, safety, welfare, and rights of 2
((inmates)) incarcerated individuals: 3
(i) Abuse or neglect; 4
(ii) Department decisions or administrative actions;5
(iii) Inactions or omissions; 6
(iv) Policies, rules, or procedures; or 7
(v) Alleged violations of law by the department that may 8
adversely affect the health, safety, welfare, and rights of 9
((inmates)) incarcerated individuals. 10
(b) Prior to filing a complaint with the ombuds, a person shall 11
have reasonably pursued resolution of the complaint through the 12
internal grievance, administrative, or appellate procedures with the 13
department. However, in no event may an ((inmate)) incarcerated 14
individual be prevented from filing a complaint more than ((ninety)) 15
90 business days after filing an internal grievance, regardless of 16
whether the department has completed the grievance process. This 17
subsection (2)(b) does not apply to complaints related to threats of 18
bodily harm including, but not limited to, sexual or physical 19
assaults or the denial of necessary medical treatment.20
(c) The ombuds may decline to investigate any complaint as 21
provided by the rules adopted under this chapter. 22
(d) If the ombuds does not investigate a complaint, the ombuds 23
shall notify the complainant of the decision not to investigate and 24
the reasons for the decision. 25
(e) The ombuds may not investigate any complaints relating to an 26
((inmate's)) incarcerated individual's underlying criminal 27
conviction. 28
(f) The ombuds may not investigate a complaint from a department 29
employee that relates to the employee's employment relationship with 30
the department or the administration of the department, unless the 31
complaint is related to the health, safety, welfare, and 32
rehabilitation of ((inmates)) incarcerated individuals.33
(g) The ombuds must attempt to resolve any complaint at the 34
lowest possible level. 35
(h) The ombuds may refer complainants and others to appropriate 36
resources, agencies, or departments. 37
(i) The ombuds may not levy any fees for the submission or 38
investigation of complaints. 39
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(j) The ombuds must remain neutral and impartial and may not act 1
as an advocate for the complainant or for the department.2
(k) At the conclusion of an investigation of a complaint, the 3
ombuds must render a public decision on the merits of each complaint, 4
except that the documents supporting the decision are subject to the 5
confidentiality provisions of RCW 43.06C.060. The ombuds must 6
communicate the decision to the ((inmate)) incarcerated individual , 7
if any, and to the department. The ombuds must state its 8
recommendations and reasoning if, in the ombuds' opinion, the 9
department or any employee thereof should: 10
(i) Consider the matter further; 11
(ii) Modify or cancel any action; 12
(iii) Alter a rule, practice, or ruling; 13
(iv) Explain in detail the administrative action in question; or14
(v) Rectify an omission. 15
(l) If the ombuds so requests, the department must, within the 16
time specified, inform the ombuds about any action taken on the 17
recommendations or the reasons for not complying with the 18
recommendations. 19
(m) If the ombuds believes, based on the investigation, that 20
there has been or continues to be a significant ((inmate)) 21
incarcerated individual health, safety, welfare, or rehabilitation 22
issue, the ombuds must report the finding to the governor and the 23
appropriate committees of the legislature. 24
(n) Before announcing a conclusion or recommendation that 25
expressly, or by implication, criticizes a person or the department, 26
the ombuds shall consult with that person or the department. The 27
ombuds may request to be notified by the department, within a 28
specified time, of any action taken on any recommendation presented. 29
The ombuds must notify the ((inmate)) incarcerated individual , if 30
any, of the actions taken by the department in response to the 31
ombuds' recommendations. 32
(3) This chapter does not require ((inmates)) incarcerated 33
individuals to file a complaint with the ombuds in order to exhaust 34
available administrative remedies for purposes of the prison 35
litigation reform act of 1995, P.L. 104-134. 36
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