Detention facility registry

AN ACT Relating to the creation of a statewide registry for 1
locations where individuals are incarcerated or involuntarily 2
confined in Washington; adding new sections to chapter 43.70 RCW; 3
prescribing penalties; and declaring an emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 43.70 6
RCW to read as follows: 7
(1) The department shall create a statewide registry for 8
detention facilities operating in Washington. The registry must, at a 9
minimum, include the following information for each facility:10
(a) The name of the facility, if any; 11
(b) The street address of the facility; 12
(c) The maximum number of persons that may be detained at one 13
time in the facility; 14
(d) The average number of persons who were detained per day in 15
the facility for the previous calendar year; and 16
(e) The name and contact information for the person in charge or 17
the owner of the facility. 18
(2) Beginning January 1, 2027, each detention facility operating 19
in Washington shall annually register with the department. A 20
detention facility operating in Washington on January 1, 2027, shall 21
H-3118.1
HOUSE BILL 2656
State of Washington 69th Legislature 2026 Regular Session
By Representatives Fosse, Santos, Peterson, Parshley, and Obras
Read first time 01/26/26. Referred to Committee on Community Safety.
p. 1 HB 2656
file its initial registration with the department no later than 1
February 1, 2027. A detention facility that begins operations after 2
January 1, 2027, shall file its initial registration with the 3
department no later than 30 days after beginning operations.4
(3) A detention facility required to register under this section 5
must renew its registration annually on a date to be determined by 6
the department. If a detention facility ceases operations, the entity 7
responsible for submitting the facility's registration shall notify 8
the department at least 30 days after ceasing operations.9
(4) The following individuals and entities shall file the 10
information required in this section: 11
(a) The government agency responsible for the detention of the 12
individuals in the facility; 13
(b) The owner of the property on which the facility is located, 14
if different than the government agency responsible for the detention 15
of the individuals in the facility; and 16
(c) Any private entity operating the facility.17
(5)(a) An individual or entity violating this section may be 18
subject to a civil penalty in an amount of not more than $1,000 per 19
violation per day. 20
(b) Subject to the availability of amounts appropriated for this 21
specific purpose, the secretary may adopt by rule a penalty matrix 22
that establishes procedures for civil penalties assessed under this 23
section. 24
(c) Each violation is a separate and distinct offense. The 25
department shall impose the civil penalty in accordance with chapter 26
34.05 RCW. Moneys collected under this section must be deposited into 27
the state general fund. 28
(d) If the civil penalty is not paid to the department within 15 29
days after receipt of the notice, the office of the attorney general 30
may bring an action to recover the penalty in the name of the state 31
of Washington in the superior court of Thurston county or the county 32
where the detention facility is located. In all such actions, the 33
procedure and rules of evidence are the same as in ordinary civil 34
actions. All penalties recovered by the attorney general under this 35
chapter must be paid into the Washington state attorney general 36
detention facility registration enforcement account created in 37
section 2 of this act. 38
(e) The state and its agencies are not subject to a civil penalty 39
imposed under this section. 40
p. 2 HB 2656
(6)(a) For purposes of this section, "detention facility" means 1
any facility, building, or business in which persons are incarcerated 2
or otherwise involuntarily confined for purposes including prior to 3
trial or sentencing, fulfilling the terms of a sentence imposed by a 4
court, or for other judicial or administrative processes or 5
proceedings. 6
(b) "Detention facility" does not include: 7
(i) A juvenile rehabilitation facility operated by the department 8
of children, youth, and families or any similar facility operated by 9
a county or a consortium of counties in which only juveniles are 10
confined; 11
(ii) An agency, as defined in RCW 74.15.020, licensed by the 12
department of children, youth, and families; 13
(iii) A facility detaining individuals for purposes of 14
involuntary treatment or competency restoration, including a 15
hospital; or 16
(iv) A private home where a person is serving a term of home 17
detention. 18
NEW SECTION. Sec. 2. A new section is added to chapter 43.70 19
RCW to read as follows: 20
The Washington state attorney general detention facility 21
registration enforcement account is created in the custody of the 22
state treasurer. All receipts from civil penalties under section 1 of 23
this act must be deposited into the account. Only the attorney 24
general or the attorney general's designee may authorize expenditures 25
from the account. Moneys in the account must be used exclusively for 26
the costs associated with the attorney general's enforcement of the 27
provisions of section 1 of this act governing the recovery of civil 28
penalties. The account is subject to allotment procedures under 29
chapter 43.88 RCW, but an appropriation is not required for 30
expenditures. 31
NEW SECTION. Sec. 3. This act is necessary for the immediate 32
preservation of the public peace, health, or safety, or support of 33
the state government and its existing public institutions, and takes 34
effect immediately.35
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p. 3 HB 2656