Jail system

AN ACT Relating to transparency, public safety, and independent 1
oversight of the city, county, and regional jail system in Washington 2
state; amending RCW 70.48.510; and adding a new chapter to Title 43 3
RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. The legislature 6
finds that independent oversight of correctional systems encourages 7
public trust, supports safe and humane conditions for correctional 8
employees and incarcerated people, enhances public safety, and 9
promotes reform towards more rehabilitative and therapeutic 10
correctional systems.11
The legislature established the joint legislative task force on 12
jail standards to study and make recommendations regarding jail 13
conditions and oversight. This act reflects many of the findings and 14
recommendations of that task force, whose members represented the 15
senate and house of representatives, prosecutors, defense attorneys, 16
law enforcement, courts, jail administrators, counties and cities, 17
medical and mental health services providers, persons with lived 18
experience, and others interested in the operation of jails.19
The legislature further finds that the jail system has a 20
significant impact on the people of Washington. In 2022, more than 21
H-0482.1
HOUSE BILL 1424
State of Washington 69th Legislature 2025 Regular Session
By Representatives Obras, Farivar, Simmons, Ryu, Parshley, Peterson,
Reed, Ramel, Gregerson, Goodman, Doglio, Cortes, Fey, Fosse, Leavitt,
Street, Hill, Macri, and Scott
Read first time 01/20/25. Referred to Committee on Community Safety.
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130,000 people were booked into Washington jails and that, on any 1
given day in 2022, more than 8,000 people were detained in Washington 2
jails. 3
Until 1987, Washington jails were overseen by the Washington 4
corrections standards board. This body was eliminated over the 5
opposition of stakeholders including jail administrators, advocates, 6
and the department of corrections. 7
The legislature further finds that an increasing number of states 8
are establishing independent oversight of their correctional systems. 9
At least 29 states have established independent correctional 10
oversight to promote transparency and improve their correctional 11
systems. Washington has already established independent oversight of 12
juvenile detention facilities and state prisons. 13
The legislature declares that oversight and transparency are 14
integral components of Washington state government, and data 15
collection is one essential tool to allow the public, correctional 16
administrators and staff, and policymakers to analyze existing 17
practices. Independent oversight and data-driven decision-making help 18
identify and solve problems and make the government accountable to 19
the people of Washington state. 20
Therefore, the legislature resolves to establish independent 21
oversight of Washington's jail system to ensure transparency, support 22
safe and humane conditions for jail employees and incarcerated 23
individuals, promote reform towards a more rehabilitative and 24
therapeutic jail system, reduce jails' exposure to litigation, and 25
promote cost savings. 26
NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this 27
section apply throughout this chapter unless the context clearly 28
requires otherwise.29
(1) "Board" means the jail oversight board. 30
(2) "Director" means the director of the jail oversight board.31
(3) "Health care information" has the same meaning as in RCW 32
70.02.010. 33
(4) "Health care provider" has the same meaning as in RCW 34
70.02.010. 35
(5) "Incarcerated individual" means a person committed to the 36
custody of a jail, including but not limited to persons residing in a 37
jail and persons released from such facility on furlough, work 38
release, or community custody, and persons received from another 39
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state, state agency, county, federally recognized tribe, federal 1
jurisdiction, or other entity or jurisdiction. 2
(6) "Jail" means any holding, detention, special detention, or 3
correctional facility as defined in RCW 70.48.020. 4
(7) "Jail administrator" means a city or county department of 5
corrections or chief law enforcement officer responsible for the 6
operation of a jail pursuant to RCW 70.48.090. 7
NEW SECTION. Sec. 3. CREATION OF BOARD— PURPOSE. Subject to the 8
availability of funds appropriated for this specific purpose, there 9
is hereby created the jail oversight board within the office of the 10
governor to ensure transparency and independent oversight of 11
Washington's jail system, support safe and humane conditions for jail 12
employees and incarcerated individuals, and promote reform towards a 13
more rehabilitative and therapeutic jail system.14
NEW SECTION. Sec. 4. APPOINTMENT AND REMOVAL OF BOARD MEMBERS. 15
(1) The board shall be composed of seven members as follows:16
(a) One person who is a current or former jail administrator;17
(b) One person who is a current or former medical provider 18
familiar with the needs of patients who have experienced 19
incarceration and has not been employed by a state or county 20
correctional or law enforcement agency in the last 10 years;21
(c) One person who is a current or former behavioral health 22
service provider familiar with the needs of patients who have 23
experienced incarceration and has not been employed by a state or 24
county correctional or law enforcement agency in the last 10 years;25
(d) Two persons with lived experience being incarcerated in a 26
Washington jail; 27
(e) One person who is a licensed attorney with a background in 28
investigating or advocating matters related to enhancing Washington 29
jail practices or conditions and has not been employed by a state or 30
county correctional or law enforcement agency in the last 10 years; 31
and 32
(f) One person who is a current or former jail employee.33
(2) Members shall be appointed by the governor. Two of the 34
initial members of the board shall be appointed for a term of one 35
year, two for a term of two years, one for a term of three years, one 36
for a term of four years, and one for a term of five years. 37
Successors to the initial members shall be appointed for terms of 38
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five years each, except that any individual chosen to fill a vacancy 1
shall be appointed only for the unexpired term of the member whom the 2
individual succeeds. 3
(3) Members shall be eligible for reappointment.4
(4) The board shall elect a chair and vice chair from among its 5
members. 6
(5) A vacancy on the board shall be filled by similar appointment 7
for the remainder of the unexpired term, with the remaining members 8
exercising all powers of the board during the period of vacancy.9
(6) Any member of the board may only be removed by the governor 10
for neglect of duty, misconduct, or the inability to perform duties, 11
after being given a written statement of the charges and an 12
opportunity to be heard at a public hearing thereon.13
NEW SECTION. Sec. 5. ADVISORY COUNCILS. The board has the power 14
to create such advisory councils as, in its judgment, will advise and 15
support the work of the board. Such a council or councils may include 16
currently and formerly incarcerated individuals and their families, 17
jail administrators of urban and rural jails from east and west of 18
the crest of the Cascade mountains, jail employees, individuals from 19
a historically underrepresented community or communities, 20
representatives from law enforcement, advocates for a more 21
rehabilitative and therapeutic jail system, victims' advocates, 22
prosecutors, defense attorneys, judicial officers, and others 23
involved with or interested in the operation of local jails.24
NEW SECTION. Sec. 6. COMPENSATION AND REIMBURSEMENT FOR BOARD 25
AND ADVISORY COUNCILMEMBERS. (1) Members of the board shall be 26
compensated in accordance with RCW 43.03.240 and shall be reimbursed 27
for their travel expenses incurred in the performance of their duties 28
in accordance with RCW 43.03.050 and 43.03.060.29
(2) Members of any advisory council appointed by the board shall 30
be compensated in accordance with RCW 43.03.220 and shall be 31
reimbursed for their travel expenses incurred in the performance of 32
their duties in accordance with RCW 43.03.050 and 43.03.060.33
NEW SECTION. Sec. 7. BOARD DIRECTOR. (1) Subject to the 34
availability of funds appropriated for this specific purpose, the 35
governor shall appoint a full-time director from a list of no fewer 36
than three nominees submitted by the board unless the governor 37
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declines to select any of the candidates provided, in which case the 1
governor may request additional candidates from the board or suggest 2
candidates to the board for consideration. 3
(2) The director shall be a person of recognized judgment, 4
integrity, and independence. 5
(3) The director shall hold office for a term of five years and 6
shall continue to hold office until reappointed or until the 7
appointment of their successor. The director may only be removed by 8
the governor for neglect of duty, misconduct, or the inability to 9
perform duties. Any vacancy must be filled by similar appointment for 10
the remainder of the unexpired term. 11
(4) The director reports directly to the board.12
(5) Subject to the appropriation of funds by the legislature, the 13
director shall employ staff and make other expenditures necessary to 14
complete the purposes of this chapter. 15
NEW SECTION. Sec. 8. POWERS AND DUTIES OF THE BOARD. (1) The 16
board shall meet not less than once each quarter to make 17
recommendations, receive reports from the director, and transact 18
business properly brought before the board.19
(2) The board or its staff shall: 20
(a) Establish priorities for use of the limited resources 21
available to the board; 22
(b) Maintain a website, mailing address, toll-free telephone 23
number, and a collect telephone number for the receipt of complaints 24
and inquiries and the sharing of information; 25
(c) Administer a statewide uniform jail reporting system for the 26
collection and reporting of information relating to jails;27
(d) Maintain a database that is publicly searchable, machine 28
readable, exportable, and accompanied by a complete plain language 29
dictionary of information maintained in the statewide uniform jail 30
reporting system; 31
(e) Monitor each jail in Washington state at least once every 32
three years to monitor and report on jail compliance with local 33
standards and applicable state and federal legal and constitutional 34
requirements, rules, regulations, policies, and best practices 35
related to the health, safety, welfare, and reentry of incarcerated 36
individuals; 37
(f) Write and publish reports within two months of such 38
monitoring visits that shall include nonidentifiable case studies or 39
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other information necessary to support any findings and any written 1
response from a jail administrator or their designee to such reports;2
(g) Serve as a member of all unexpected fatality review teams 3
convened under RCW 70.48.510; 4
(h) Investigate and report on specific and systemic issues 5
relating to jails including issues and trends identified through 6
monitoring, complaints, fatality reviews, and the statewide uniform 7
jail reporting system; 8
(i) Provide technical assistance and consultation including 9
informational support to jail administrators or their designees;10
(j) Share information with jail administrators or their designees 11
regarding individual complaints or concerns within the discretion of 12
the director or their designee and with the consent of the 13
complainant; 14
(k) Provide public comment and testimony, write and issue reports 15
and recommendations, share information, and make recommendations for 16
statutory changes as appropriate to effectuate the purposes of this 17
chapter; 18
(l) Adopt rules, policies, and procedures necessary to implement 19
this chapter; and 20
(m) Submit an annual report to the governor and the legislature, 21
in compliance with RCW 43.01.036, that includes a statement of 22
actions taken by the board for the preceding year, and 23
recommendations for any statutory changes that the board deems 24
necessary or desirable to accomplish the purposes of this chapter.25
(3) The board is not required to investigate complaints or notify 26
complainants of decisions or actions taken in response to a 27
complaint. This chapter does not require incarcerated individuals to 28
file a complaint with the board in order to exhaust available 29
remedies for the purpose of the prison litigation reform act of 1995, 30
P.L. 104-134. 31
NEW SECTION. Sec. 9. STATEWIDE UNIFORM JAIL REPORTING SYSTEM. 32
(1) The board shall develop and administer a statewide uniform jail 33
reporting system for the reporting and dissemination of jail data. 34
Such data may include but is not limited to information relating to: 35
Medical, mental health, or dental care; operational policies; 36
population trends and capacity; commissary, visitation, or 37
telecommunications; discipline; grievance procedures; use of force 38
and assault incidents; deaths in custody; self-harm and suicidality; 39
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staffing, training, or supervision; programming and reentry services; 1
substance use disorder services; restrictive housing; and incidents 2
of sexual assault and harassment. 3
(2) The board shall consult with interested stakeholders 4
including jail administrators and organizations representing jail 5
employees to develop the uniform jail reporting system.6
(3) The board may, consistent with its general authority and this 7
chapter, provide assistance to jail administrators to develop new 8
sources of data and to compile and effectively report data.9
(4) The board may collaborate, consult, or contract with outside 10
entities in implementing the uniform jail reporting system.11
NEW SECTION. Sec. 10. ACCESS TO FACILITIES, INCARCERATED 12
INDIVIDUALS, AND INFORMATION. (1) The director and the director's 13
designees shall have:14
(a) Reasonable access to all areas of jails accessible to or used 15
by incarcerated individuals. Access by such individuals may be 16
subject to reasonable security and background investigation 17
requirements of the jail, provided that such access shall not be 18
unreasonably withheld. Denial of access to such individuals with 19
lived experience, including conviction or incarceration histories, 20
who do not present active security concerns, shall be deemed 21
unreasonable. Further, any initial background investigation of an 22
individual under this section must be completed within 48 hours, and 23
any subsequent investigation of the same individual must be performed 24
promptly and shall not result in a delay of more than two hours;25
(b) Reasonable opportunity to survey or interview privately and 26
confidentially any incarcerated individual, jail employee, or other 27
persons by mail, telephone, and in person; 28
(c) The ability to make audio and visual recordings of areas of 29
jails accessible to or used by incarcerated individuals, provided 30
that such visual recordings shall not depict the location or angles 31
of security cameras; and 32
(d) The right to access, inspect, and copy any information, 33
records, or documents in the possession or control of jail 34
administrators, their agents, or a state or local government agency 35
that the board considers necessary to carry out its purpose or to 36
support its recommendations. 37
(2) Following a written demand from the director or the 38
director's designees for access to information, records, or 39
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documents, the entity from whom information is requested must provide 1
the information not later than 20 business days after the written 2
demand. Where information pertains to a death, threats of bodily harm 3
including, but not limited to, sexual or physical assaults, or the 4
denial of necessary medical treatment, the information shall be 5
provided within five days. 6
(3) A jail administrator or their designee shall provide a 7
written response to a monitoring report issued by the board within 8
one month of receiving the report. 9
(4) A jail administrator or their designee shall provide 10
accurate, complete, and timely information and data for the uniform 11
jail reporting system. 12
NEW SECTION. Sec. 11. INFORMATION PROTECTION AND DISCLOSURE. 13
(1) The board is a "health oversight agency" so that the federal 14
health insurance portability and accountability act and chapter 70.02 15
RCW do not preclude jails, health care providers, or others from 16
providing the information required by this section when requested by 17
the board and, pursuant to these laws, jails, health care providers, 18
and others are not required to seek or obtain consent from 19
incarcerated individuals prior to providing the information required 20
by this section in accordance with the requirements of this section.21
(2) The information required by this section, when provided by a 22
jail, health care provider, or other entity, becomes property of the 23
board and is subject to all state and federal laws governing the 24
confidentiality and disclosure of the files, records, and information 25
maintained by the board. Information in the possession of the board 26
shall be protected or disclosed according to state and federal law to 27
the same extent as is required of the entity from whom the files, 28
records, or information was received, including jails and providers 29
of medical, mental health, and behavioral health services except as 30
provided in this section. 31
(3) The board shall maintain the confidentiality of all matters 32
under investigation, complaints, and the identities of complainants, 33
informants, or witnesses except so far as disclosures may be 34
determined necessary by the director or their designees to enable the 35
board to carry out its duties or to support its recommendations. Such 36
information shall be exempt from public disclosure under chapter 37
42.56 RCW. 38
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(4) Neither the board or an employee of the board may be 1
compelled, in any judicial or administrative proceeding, to testify 2
or to produce evidence regarding the exercise of the official duties 3
of the board or its employees. All related memoranda, work product, 4
notes, and case files of the board are confidential, are not subject 5
to discovery, judicial or administrative subpoena, or other method of 6
legal compulsion, and are not admissible in evidence in a judicial or 7
administrative proceeding. 8
(5) Nothing in this section shall prevent the board from 9
publishing a report or database which maintains the confidentiality 10
of the identities of incarcerated individuals. 11
(6) Nothing in this section shall prevent the board from 12
reporting the results of an investigation which maintains the 13
confidentiality of the identities of incarcerated individuals to 14
responsible investigative or enforcement agencies should an 15
investigation reveal information concerning a jail, its staff, or 16
agents warranting possible sanctions or corrective action. Such 17
information may be reported to agencies responsible for facility 18
licensing or accreditation, employee discipline, employee licensing 19
or certification, law enforcement, or criminal prosecution, provided 20
that nothing in this act shall be deemed to reduce or modify the 21
contractual, statutory, or due process rights of any jail employee 22
with respect to any proceeding related to employee discipline, 23
employee licensing or certification, or criminal prosecution.24
The director must contact the jail employee and the bargaining 25
unit representative before reporting the results of an investigation 26
that reveals information warranting possible sanctions or corrective 27
action about a jail employee. 28
NEW SECTION. Sec. 12. CIVIL IMMUNITY— RETALIATORY ACTIONS. (1) A 29
civil action may not be brought against any employee of the board for 30
good faith performance of responsibilities under this chapter.31
(2) No discriminatory, disciplinary, or retaliatory action may be 32
taken against a jail employee, subcontractor, volunteer, incarcerated 33
individual, or family member or representative of an incarcerated 34
individual for any communication made, or information given or 35
disclosed, to aid the office in carrying out its responsibilities.36
(3) Every individual, legal entity, and agency of federal, state, 37
or local government is immune from civil liability, whether direct or 38
derivative, for providing information to the board in good faith.39
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(4) This section is not intended to infringe on the rights of an 1
employer to supervise, discipline, or terminate an employee for other 2
reasons. 3
Sec. 13. RCW 70.48.510 and 2021 c 139 s 3 are each amended to 4
read as follows: 5
(1)(a) A city or county department of corrections or chief law 6
enforcement officer responsible for the operation of a jail shall 7
conduct an unexpected fatality review in any case in which the death 8
of an individual confined in the jail is unexpected.9
(b) The city or county department of corrections or chief law 10
enforcement officer shall convene an unexpected fatality review team 11
and determine the membership of the review team. The team shall 12
comprise of the director of the jail oversight board or their 13
designee in accordance with section 8 of this act and individuals 14
with appropriate expertise including, but not limited to, individuals 15
whose professional expertise is pertinent to the dynamics of the 16
case. The city or county department of corrections or chief law 17
enforcement officer shall ensure that the unexpected fatality review 18
team is made up of individuals who had no previous involvement in the 19
case. 20
(c) The primary purpose of the unexpected fatality review shall 21
be the development of recommendations to the governing unit with 22
primary responsibility for the operation of the jail and legislature 23
regarding changes in practices or policies to prevent fatalities and 24
strengthen safety and health protections for individuals in custody.25
(d) Upon conclusion of an unexpected fatality review required 26
pursuant to this section, the city or county department of 27
corrections or chief law enforcement officer shall, within 120 days 28
following the fatality, issue a report on the results of the review, 29
unless an extension has been granted by the chief executive or, if 30
appropriate, the county legislative authority of the governing unit 31
with primary responsibility for the operation of the jail. Reports 32
must be distributed to the governing unit with primary responsibility 33
for the operation of the jail and appropriate committees of the 34
legislature, and the ((department of health )) jail oversight board 35
shall create a public website where all unexpected fatality review 36
reports required under this section must be posted and maintained. An 37
unexpected fatality review report completed pursuant to this section 38
is subject to public disclosure and must be posted on the 39
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((department of health )) jail oversight board public website, except 1
that confidential information may be redacted by the city or county 2
department of corrections or chief law enforcement officer consistent 3
with the requirements of applicable state and federal laws.4
(e) The city or county department of corrections or chief law 5
enforcement officer shall develop and implement procedures to carry 6
out the requirements of this section. 7
(2) In any review of an unexpected fatality, the city or county 8
department of corrections or chief law enforcement officer and the 9
unexpected fatality review team shall have access to all records and 10
files regarding the person or otherwise relevant to the review that 11
have been produced or retained by the agency. 12
(3)(a) An unexpected fatality review completed pursuant to this 13
section is subject to discovery in a civil or administrative 14
proceeding, but may not be admitted into evidence or otherwise used 15
in a civil or administrative proceeding except pursuant to this 16
section. 17
(b) An employee of a city or county department of corrections or 18
law enforcement employee responsible for conducting an unexpected 19
fatality review, or member of an unexpected fatality review team, may 20
not be examined in a civil or administrative proceeding regarding: 21
(i) The work of the unexpected fatality review team; (ii) the 22
incident under review; (iii) his or her statements, deliberations, 23
thoughts, analyses, or impressions relating to the work of the 24
unexpected fatality review team or the incident under review; or (iv) 25
the statements, deliberations, thoughts, analyses, or impressions of 26
any other member of the unexpected fatality review team, or any 27
person who provided information to the unexpected fatality review 28
team relating to the work of the unexpected fatality review team or 29
the incident under review. 30
(c) Documents prepared by or for an unexpected fatality review 31
team are inadmissible and may not be used in a civil or 32
administrative proceeding, except that any document that exists 33
before its use or consideration in an unexpected fatality review, or 34
that is created independently of such review, does not become 35
inadmissible merely because it is reviewed or used by an unexpected 36
fatality review team. A person is not unavailable as a witness merely 37
because the person has been interviewed by, or has provided a 38
statement for, an unexpected fatality review, but if the person is 39
called as a witness, the person may not be examined regarding the 40
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person's interactions with the unexpected fatality review including, 1
without limitation, whether the person was interviewed during such 2
review, the questions that were asked during such review, and the 3
answers that the person provided during such review. This section may 4
not be construed as restricting the person from testifying fully in 5
any proceeding regarding his or her knowledge of the incident under 6
review. 7
(d) The restrictions set forth in this section do not apply in a 8
licensing or disciplinary proceeding arising from an agency's effort 9
to revoke or suspend the license of any licensed professional based 10
in whole or in part upon allegations of wrongdoing in connection with 11
an unexpected fatality reviewed by an unexpected fatality review 12
team. 13
(4) No provision of this section may be interpreted to require a 14
jail to disclose any information in a report that would, as 15
determined by the jail, reveal security information about the jail.16
(5) For the purposes of this section: 17
(a) "City or county department of corrections" means a department 18
of corrections created by a city or county to be in charge of the 19
jail and all persons confined in the jail pursuant to RCW 70.48.090.20
(b) "Chief law enforcement officer" means the chief law 21
enforcement officer who is in charge of the jail and all persons 22
confined in the jail if no department of corrections was created by a 23
city or county pursuant to RCW 70.48.090. 24
(c) "Unexpected fatality review" means a review of any death that 25
was not the result of a diagnosed or documented terminal illness or 26
other debilitating or deteriorating illness or condition where the 27
death was anticipated, and includes the death of any person under the 28
care and custody of the city or county department of corrections or 29
chief local enforcement officer, regardless of where the death 30
actually occurred. A review must include an analysis of the root 31
cause or causes of the unexpected fatality, and an associated 32
corrective action plan for the jail to address identified root causes 33
and recommendations made by the unexpected fatality review team under 34
this section. 35
NEW SECTION. Sec. 14. Sections 1 through 12 of this act 36
constitute a new chapter in Title 43 RCW.37
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