Correctional fac. liability

AN ACT Relating to correctional facility liability for inmate 1
injuries resulting from voluntary controlled substance use, when 2
lawful intake and medical care requirements are met; adding a new 3
section to chapter 4.92 RCW; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 4.92 RCW 6
to read as follows: 7
(1)(a) Except as provided in (b) of this subsection, the state 8
and local governments are not liable for any injury to an inmate held 9
in a correctional facility when: (i) The injury was caused by the 10
inmate's voluntary use of a controlled substance; (ii) the inmate was 11
held in the correctional facility when the inmate used the controlled 12
substance; and (iii) the inmate was lawfully searched for controlled 13
substances upon admission to the correctional facility and any 14
discovered controlled substances were seized and removed from the 15
inmate's possession. 16
(b) The limitation on liability provided in (a) of this 17
subsection does not apply if the controlled substance that caused the 18
inmate's injury was provided to the inmate by an agent of: (i) The 19
correctional facility; or (ii) the state or local government that 20
owns, operates, or controls the correctional facility.21
H-2789.2
HOUSE BILL 2393
State of Washington 69th Legislature 2026 Regular Session
By Representatives Hackney and Hall
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 2393
(2)(a) Except as provided in (b) of this subsection, the state 1
and local governments are not liable for any injury to an inmate held 2
in a correctional facility when the injury was caused by the inmate's 3
voluntary use of a controlled substance before the inmate was 4
admitted to the correctional facility. 5
(b) The limitation on liability provided in (a) of this 6
subsection does not apply if an agent of: (i) The correctional 7
facility; or (ii) the state or local government that owns, operates, 8
or controls the correctional facility, knew or should have known the 9
inmate required medical care and failed to make a reasonable effort 10
to provide medical care to the inmate. 11
(3) The definitions in this subsection apply throughout this 12
section unless the context clearly requires otherwise.13
(a) "Controlled substance" has the same meaning as in RCW 14
69.50.101. 15
(b) "Correctional facility" means any jail, prison, or other 16
facility created for the purpose of holding persons accused or 17
convicted of a crime, and which is owned, operated, or controlled by 18
the state or a local government. 19
(c) "Inmate" means any person held in custody in any correctional 20
facility who has been processed and admitted to the facility.21
(d) "Local government" includes any city, county, or other 22
subdivision of the state and any municipal corporation, quasi-23
municipal corporation, or special district within the state.24
NEW SECTION. Sec. 2. This act applies to all causes of action 25
accruing on or after the effective date of this section.26
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p. 2 HB 2393