Jail searches/gender

AN ACT Relating to providing parameters for conducting searches 1
of transgender and intersex individuals confined in a local jail in 2
compliance with federal law; amending RCW 10.79.100; and adding a new 3
section to chapter 70.48 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 70.48 6
RCW to read as follows: 7
(1) Local jail administrators shall develop and implement 8
policies and procedures for conducting a search of a transgender or 9
intersex individual confined at the jail that are, at a minimum, in 10
compliance with this section and the federal prison rape elimination 11
act, 34 U.S.C. Sec. 30301 et seq., and its regulations, as they 12
existed on January 1, 2025. 13
(a) A search or physical examination may not be conducted on a 14
transgender or intersex individual confined at the jail for the sole 15
purpose of determining the individual's genital status. If the 16
individual's genital status is unknown, it may be determined during 17
conversations with the individual, by reviewing medical records, or, 18
if necessary, by learning that information as part of a broader 19
medical examination conducted in private by a medical practitioner.20
S-0498.5
SENATE BILL 5490
State of Washington 69th Legislature 2025 Regular Session
By Senators Dhingra, Chapman, Hasegawa, Lovick, Nobles, Orwall,
Slatter, Stanford, Trudeau, Valdez, and C. Wilson
Read first time 01/24/25. Referred to Committee on Human Services.
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(b) A jail shall train security staff in how to conduct cross 1
gender searches, and searches of transgender and intersex 2
individuals, in a professional and respectful manner, and in the 3
least intrusive manner possible, consistent with security needs.4
(c) Following the requirements of RCW 10.79.100, searches of 5
transgender or intersex individuals at the jail must be one of the 6
following: 7
(i) Searches conducted only by a medical professional;8
(ii) Searches of adult individuals conducted by female staff 9
only; 10
(iii) Asking the individual to identify the gender of staff with 11
whom the individual would feel most comfortable conducting the 12
search; or 13
(iv) Searches conducted in accordance with the individual's 14
stated gender identity. 15
(d) The jail shall implement policies and procedures that enable 16
individuals confined at the jail to shower, perform bodily functions, 17
and change clothing without nonmedical staff of the opposite gender 18
viewing their breasts, buttocks, or genitalia, except in exigent 19
circumstances or when such viewing is incidental to routine cell 20
checks. Such policies and procedures shall require staff of the 21
opposite gender to announce their presence when entering a housing 22
unit. 23
(e) The inability of a jail to make available female correctional 24
staff who are trained to perform searches of transgender or intersex 25
individuals is not an exigent circumstance justifying a cross gender 26
search. 27
(2) Searches may not be conducted based solely on the gender 28
designation of the facility without considering other factors 29
including but not limited to the gender identity or expression of the 30
individual or the individual's preference regarding the gender of the 31
person conducting the search. 32
(3) Searches may be conducted by an individual of a different 33
gender only when exigent circumstances exist requiring immediate 34
action to respond to a threat to the security or institutional order 35
of a facility. 36
(4) Local jails shall adopt and implement standards that comply 37
with the requirements of this section by September 1, 2025.38
(5) For the purposes of this section, "gender identity" has the 39
same meaning as defined in RCW 74.09.875. 40
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Sec. 2. RCW 10.79.100 and 1983 1st ex.s. c 42 s 5 are each 1
amended to read as follows: 2
(1) Persons conducting a strip search shall not touch the person 3
being searched except as reasonably necessary to effectuate the strip 4
search of the person. 5
(2) Any body cavity search must be performed under sanitary 6
conditions and conducted by a physician, registered nurse, or 7
((physician's)) physician assistant, licensed to practice in this 8
state, who is trained in the proper medical process and the potential 9
health problems associated with a body cavity search. No health 10
professional authorized by this subsection to conduct a body cavity 11
search shall be held liable in any civil action if the search is 12
conducted in a manner that meets the standards and requirements of 13
RCW 4.24.290 and 7.70.040. 14
(3) Except as provided in subsection (7) of this section, a strip 15
search or body cavity search, as well as presearch undressing or 16
postsearch dressing, shall occur at a location made private from the 17
observation of persons not physically conducting the search. ((A 18
strip search or body cavity search shall be performed or observed 19
only by persons of the same sex as the person being searched, except 20
for licensed medical professionals as required by subsection (2) of 21
this section.))22
(4) Except as provided in subsection (5) of this section, no 23
person may be present or observe during the search unless the person 24
is necessary to conduct the search or to ensure the safety of those 25
persons conducting the search. 26
(5) Nothing in this section prohibits a person upon whom a body 27
cavity search is to be performed from having a readily available 28
person of his or her choosing present at the time the search is 29
conducted. However, the person chosen shall not be a person being 30
held in custody by a law enforcement agency. 31
(6) RCW 10.79.080 and this section shall not be interpreted as 32
expanding or diminishing the authority of a law enforcement officer 33
with respect to searches incident to arrest or investigatory stop in 34
public. 35
(7) A strip search of a person housed in a holding, detention, or 36
local correctional facility to search for and seize a weapon may be 37
conducted at other than a private location if there arises a specific 38
threat to institutional security that reasonably requires such a 39
p. 3 SB 5490
search or if all persons in the facility are being searched for the 1
discovery of weapons or contraband. 2
(8) Except as otherwise provided in this section, in accordance 3
with section 1 of this act, a strip search shall be performed or 4
observed only by persons of the same gender as the person being 5
searched. In the event of a strip search of a transgender, gender 6
nonconforming, or intersex individual, the individual shall be 7
offered the option of:8
(a) Choosing the gender of the person who will conduct the 9
search;10
(b) Having the search be conducted by a medical professional;11
(c) Having the search be conducted by a female staff; or12
(d) Having the search be conducted in accordance with the 13
individual's stated gender identity.14
(9) Strip searches may be conducted by an individual of a 15
different gender only when exigent circumstances exist requiring 16
immediate action to respond to a threat to the security or 17
institutional order of a facility.18
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