DOC body scanner program

AN ACT Relating to codifying the body scanner program at the 1
department of corrections; adding a new section to chapter 72.09 RCW; 2
and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that in 2022, the 5
governor signed into law 2nd Substitute Senate Bill No. 5695, the 6
drug free prisons act to reduce entry of contraband into institutions 7
and to increase personal dignity for incarcerated individuals. The 8
legislature finds that since March 2018, the department of 9
corrections has been using body scanners to detect contraband, which 10
has resulted in the confiscation of nearly 1,000 unique items, over 11
43 grams of controlled substances, and over $100 in currency. The 12
legislature recognizes that without passage of legislation, funding 13
and authorization for the body scanner program will discontinue. 14
Therefore, the legislature resolves to continue existing practice of 15
the body scanner program by codifying operational standards and 16
requiring continued utilization of scanners in certain institutions 17
of total confinement.18
NEW SECTION. Sec. 2. A new section is added to chapter 72.09 19
RCW to read as follows: 20
S-0601.1
SENATE BILL 5499
State of Washington 69th Legislature 2025 Regular Session
By Senators Christian, Dhingra, Hasegawa, Wagoner, and C. Wilson
Read first time 01/27/25. Referred to Committee on Human Services.
p. 1 SB 5499
(1)(a) The department shall establish a comprehensive body 1
scanner program at the Washington corrections center for women and at 2
a state correctional facility serving male incarcerated individuals 3
as part of a program to protect human dignity by reducing or 4
eliminating strip searches and create drug-free state correctional 5
facilities. The body scanner for incarcerated individuals must be 6
capable of detecting the presence of contraband contained under 7
clothing and within body cavities, and must meet applicable federal 8
and state radiation and safety standards. 9
(b) The department shall develop gender responsive and trauma-10
informed policies and procedures necessary to establish a 11
comprehensive body scanner program that shall be utilized to conduct 12
security screenings for employees, contractors, visitors, volunteers, 13
incarcerated individuals, and other persons entering the secure 14
perimeter of the correctional facility participating in the program 15
under this section. Alternative search methods shall be used for 16
persons who are minors, individuals who are health compromised, 17
individuals with disabilities, individuals who may be pregnant, and 18
individuals who are likely to meet the maximum allowable monthly or 19
annual radiation dosage limit specified by the department of health.20
(2) The department shall provide appropriate custody and nursing 21
staff levels for body scanners installed at a state correctional 22
facility under this section. Staffing must be adequate to provide for 23
subsequent searches and dry cell watches if a body scan indicates the 24
presence of contraband. 25
(a) An incarcerated individual with a body scan indicating the 26
presence of substance-related contraband shall undergo, if 27
appropriate, a comprehensive assessment for substance use disorder 28
and receive relevant substance use disorder treatment services, 29
including medication-assisted treatment. The department shall 30
prioritize substance use disorder treatment services for incarcerated 31
individuals with cognitive, behavioral, and physiological symptoms 32
indicating the incarcerated individual is experiencing a substance 33
use disorder. The department shall distinguish between incarcerated 34
individuals who have symptoms indicating a substance use disorder and 35
incarcerated individuals who transport substances for other 36
individuals and do not have symptoms indicating a substance use 37
disorder. 38
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(b) A department employee, contractor, visitor, or volunteer with 1
a body scan indicating the presence of contraband shall be 2
disciplined in accordance with department policies.3
(3) The department shall provide appropriate radiation safety and 4
body scanner operation training to all staff who will administer the 5
body scan. Only staff who have completed all related trainings may be 6
permitted to operate the body scanner and review body scans. The 7
department shall develop policies, in accordance with the department 8
of health rules for the use of body scanners, on scanner use and 9
screening procedures, including frequency and radiation exposure 10
limits, to minimize harmful radiation exposure while safely and 11
effectively utilizing the full body scanners to create drug-free 12
correctional facilities. The department shall develop a method to 13
track and maintain records on the frequency of body scans conducted 14
on any individual subject to the comprehensive body scanner program 15
to comply with any maximum allowable monthly and annual radiation 16
dosage limits that may be set by the department of health.17
(4) The secretary shall adopt any rules and policies necessary to 18
implement the requirements of this section. 19
(5) The department shall leverage existing funding and equipment 20
to comply with the requirements of this section. 21
(6) By December 1st each year, and in compliance with RCW 22
43.01.036, the department shall submit a report to the governor and 23
the legislature on: 24
(a) The number and types of individuals, including visitors, 25
employees, contractors, and volunteers, with positive body scans in 26
the prior year and the disciplinary action taken; 27
(b) The types of contraband detected by the body scanner;28
(c) The number of confiscated substances in the prior five years;29
(d) The number of incarcerated individuals with positive body 30
scans for substance-related contraband in the prior year who were 31
assessed for substance use disorder and received substance use 32
disorder treatment services while incarcerated; and33
(e) The number and length of time incarcerated individuals with 34
positive body scans were placed on dry cell watch in the prior year.35
(6) For the purposes of this section: 36
(a) "Contraband" has the meaning provided in RCW 9A.76.010;37
(b) "Dry cell watch" means the placement of an incarcerated 38
person in a secure room or cell for the safe recovery of internally 39
concealed contraband; and 40
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(c) "Substance use disorder treatment services" means services 1
licensed by the department of health or provided as part of a 2
substance use disorder treatment program that has been approved by 3
the department of health. 4
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