DOC transfers/immigration

AN ACT Relating to facilitating the transfer of certain 1
individuals in the custody of the department of corrections; amending 2
RCW 43.17.420 and 10.93.160; and adding a new section to chapter 3
72.09 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.17.420 and 2019 c 440 s 2 are each amended to 6
read as follows: 7
The definitions in this section apply throughout this section and 8
RCW 43.330.510, 43.10.310, 43.17.425, 10.93.160, and 43.10.315, 9
section 3 of this act, and sections 8 and 9, chapter 440, Laws of 10
2019 unless the context clearly requires otherwise.11
(1) "Civil immigration warrant" means any warrant for a violation 12
of federal civil immigration law issued by a federal immigration 13
authority. A "civil immigration warrant" includes, but is not limited 14
to, administrative warrants issued on forms I-200 or I-203, or their 15
successors, and civil immigration warrants entered in the national 16
crime information center database. 17
(2) "Court order" means a directive issued by a judge or 18
magistrate under the authority of Article III of the United States 19
Constitution or Article IV of the Washington Constitution. A "court 20
order" includes but is not limited to warrants and subpoenas.21
S-3262.1
SENATE BILL 5818
State of Washington 69th Legislature 2025 Regular Session
By Senators Fortunato, J. Wilson, McCune, Braun, Christian, and
Warnick
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(3) "Federal immigration authority" means any officer, employee, 1
or person otherwise paid by or acting as an agent of the United 2
States department of homeland security including but not limited to 3
its subagencies, immigration and customs enforcement and customs and 4
border protection, and any present or future divisions thereof, 5
charged with immigration enforcement. 6
(4) "Health facility" has the same meaning as the term "health 7
care facility" provided in RCW 70.175.020, and includes substance 8
abuse treatment facilities. 9
(5) "Hold request" or "immigration detainer request" means a 10
request from a federal immigration authority, without a court order, 11
that a state or local law enforcement agency maintain custody of an 12
individual currently in its custody beyond the time he or she would 13
otherwise be eligible for release in order to facilitate transfer to 14
a federal immigration authority. A "hold request" or "immigration 15
detainer request" includes, but is not limited to, department of 16
homeland security form I-247A or prior or subsequent versions of form 17
I-247. 18
(6) "Immigration detention agreement" means any contract, 19
agreement, intergovernmental service agreement, or memorandum of 20
understanding that permits a state or local law enforcement agency to 21
house or detain individuals for federal civil immigration violations.22
(7) "Immigration or citizenship status" means as such status has 23
been established to such individual under the immigration and 24
nationality act. 25
(8) "Language services" includes but is not limited to 26
translation, interpretation, training, or classes. Translation means 27
written communication from one language to another while preserving 28
the intent and essential meaning of the original text. Interpretation 29
means transfer of an oral communication from one language to another.30
(9) "Local government" means any governmental entity other than 31
the state, federal agencies, or an operating system established under 32
chapter 43.52 RCW. It includes, but is not limited to, cities, 33
counties, school districts, and special purpose districts.34
(10) "Local law enforcement agency" means any agency of a city, 35
county, special district, or other political subdivision of the state 36
that is a general authority Washington law enforcement agency, as 37
defined by RCW 10.93.020, or that is authorized to operate jails or 38
to maintain custody of individuals in jails; or to operate juvenile 39
detention facilities or to maintain custody of individuals in 40
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juvenile detention facilities; or to monitor compliance with 1
probation or parole conditions. 2
(11) "Notification request" means a request from a federal 3
immigration authority that a state or local law enforcement agency 4
inform a federal immigration authority of the release date and time 5
in advance of the release of an individual in its custody. 6
"Notification request" includes, but is not limited to, the 7
department of homeland security's form I-247A, form I-247N, or prior 8
or subsequent versions of such forms. 9
(12) "Physical custody of the department of corrections" means 10
only those individuals detained in a state correctional facility but 11
does not include minors detained pursuant to chapter 13.40 RCW, or 12
individuals in community custody as defined in RCW 9.94A.030.13
(13) "Public schools" means all public elementary and secondary 14
schools under the jurisdiction of local governing boards or a charter 15
school board and all institutions of higher education as defined in 16
RCW 28B.10.016. 17
(14) "School resource officer" means a commissioned law 18
enforcement officer in the state of Washington with sworn authority 19
to uphold the law and assigned by the employing police department or 20
sheriff's office to work in schools to ensure school safety. By 21
building relationships with students, school resource officers work 22
alongside school administrators and staff to help students make good 23
choices. School resource officers are encouraged to focus on keeping 24
students out of the criminal justice system when possible and not 25
impose criminal sanctions in matters that are more appropriately 26
handled within the educational system. 27
(15) "State agency" has the same meaning as provided in RCW 28
42.56.010. 29
(16) "State law enforcement agency" means any agency of the state 30
of Washington that: 31
(a) Is a general authority Washington law enforcement agency as 32
defined by RCW 10.93.020; 33
(b) Is authorized to operate prisons or to maintain custody of 34
individuals in prisons; or 35
(c) Is authorized to operate juvenile detention facilities or to 36
maintain custody of individuals in juvenile detention facilities.37
Sec. 2. RCW 10.93.160 and 2019 c 440 s 6 are each amended to 38
read as follows: 39
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(1) The definitions contained in RCW 43.17.420 apply to this 1
section. 2
(2) The legislature finds that it is not the primary purpose of 3
state and local law enforcement agencies or school resource officers 4
to enforce civil federal immigration law. The legislature further 5
finds that the immigration status of an individual or an individual's 6
presence in, entry, or reentry to, or employment in the United States 7
alone, is not a matter for police action, and that United States 8
federal immigration authority has primary jurisdiction for 9
enforcement of the provisions of Title 8 U.S.C. dealing with illegal 10
entry. 11
(3) School resource officers, when acting in their official 12
capacity as a school resource officer, may not: 13
(a) Inquire into or collect information about an individual's 14
immigration or citizenship status, or place of birth; or15
(b) Provide information pursuant to notification requests from 16
federal immigration authorities for the purposes of civil immigration 17
enforcement, except as required by law. 18
(4) State and local law enforcement agencies may not:19
(a) Inquire into or collect information about an individual's 20
immigration or citizenship status, or place of birth unless there is 21
a connection between such information and an investigation into a 22
violation of state or local criminal law; or 23
(b) Provide information pursuant to notification requests from 24
federal immigration authorities for the purposes of civil immigration 25
enforcement, except as required by law. 26
(5) State and local law enforcement agencies may not provide 27
nonpublicly available personal information about an individual, 28
including individuals subject to community custody pursuant to RCW 29
9.94A.701 and 9.94A.702, to federal immigration authorities in a 30
noncriminal matter, except as required by state or federal law.31
(6)(a) State and local law enforcement agencies may not give 32
federal immigration authorities access to interview individuals about 33
a noncriminal matter while they are in custody, except as required by 34
state or federal law, a court order, or by (b) of this subsection.35
(b) Permission may be granted to a federal immigration authority 36
to conduct an interview regarding federal immigration violations with 37
a person who is in the custody of a state or local law enforcement 38
agency if the person consents in writing to be interviewed. In order 39
to obtain consent, agency staff shall provide the person with an oral 40
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explanation and a written consent form that explains the purpose of 1
the interview, that the interview is voluntary, and that the person 2
may decline to be interviewed or may choose to be interviewed only 3
with the person's attorney present. The form must state explicitly 4
that the person will not be punished or suffer retaliation for 5
declining to be interviewed. The form must be available at least in 6
English and Spanish and explained orally to a person who is unable to 7
read the form, using, when necessary, an interpreter from the 8
district communications center "language line" or other district 9
resources. 10
(7) An individual may not be detained solely for the purpose of 11
determining immigration status. 12
(8) An individual must not be taken into custody, or held in 13
custody, solely for the purposes of determining immigration status or 14
based solely on a civil immigration warrant, or an immigration hold 15
request. 16
(9)(a) To ensure compliance with all treaty obligations, 17
including consular notification, and state and federal laws, on the 18
commitment or detainment of any individual, state and local law 19
enforcement agencies must explain in writing: 20
(i) The individual's right to refuse to disclose their 21
nationality, citizenship, or immigration status; and22
(ii) That disclosure of their nationality, citizenship, or 23
immigration status may result in civil or criminal immigration 24
enforcement, including removal from the United States.25
(b) Nothing in this subsection allows for any violation of 26
subsection (4) of this section. 27
(10) ((A state and local government or law enforcement agency may 28
not deny services, benefits, privileges, or opportunities to 29
individuals in custody, or under community custody pursuant to RCW 30
9.94A.701 and 9.94A.702, or in probation status, on the basis of the 31
presence of an immigration detainer, hold, notification request, or 32
civil immigration warrant, except as required by law or as necessary 33
for classification or placement purposes for individuals in the 34
physical custody of the department of corrections. )) In accordance 35
with section 3 of this act, the department of corrections may 36
transfer an incarcerated individual to federal immigration 37
authorities at any time during the person's term of total confinement 38
or community custody pursuant to RCW 9.94A.701 and 9.94A.702. 39
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(11) No state or local law enforcement officer may enter into any 1
contract, agreement, or arrangement, whether written or oral, that 2
would grant federal civil immigration enforcement authority or powers 3
to state and local law enforcement officers, including but not 4
limited to agreements created under 8 U.S.C. Sec. 1357 (g), also known 5
as 287(g) agreements. 6
(12)(a) No state agency or local government or law enforcement 7
officer may enter into an immigration detention agreement. All 8
immigration detention agreements must be terminated no later than one 9
hundred eighty days after May 21, 2019, except as provided in (b) of 10
this subsection. 11
(b) Any immigration detention agreement in effect prior to 12
January 1, 2019, and under which a payment was made between July 1, 13
2017, and December 31, 2018, may remain in effect until the date of 14
completion or December 31, 2021, whichever is earlier.15
(13) No state or local law enforcement agency or school resource 16
officer may enter into or renew a contract for the provision of 17
language services from federal immigration authorities, nor may any 18
language services be accepted from such for free or otherwise.19
(14) The department of corrections may not give federal 20
immigration authorities access to interview individuals about federal 21
immigration violations while they are in custody, except as required 22
by state or federal law or by court order, unless such individuals 23
consent to be interviewed in writing. Before agreeing to be 24
interviewed, individuals must be advised that they will not be 25
punished or suffer retaliation for declining to be interviewed.26
(15) Subsections (3) through (6) of this section do not apply to 27
individuals who are in the physical custody of the department of 28
corrections. 29
(16) Nothing in this section prohibits the collection, use, or 30
disclosure of information that is: 31
(a) Required to comply with state or federal law; or32
(b) In response to a lawfully issued court order.33
NEW SECTION. Sec. 3. A new section is added to chapter 72.09 34
RCW to read as follows: 35
(1)(a) In accordance with RCW 10.93.160, the department may 36
transfer an incarcerated individual serving a term of total 37
confinement or community custody under the jurisdiction of the 38
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department to the custody of federal immigration authorities for an 1
immigration enforcement purpose. 2
(b) The department of corrections may transfer the individual to 3
the custody of the federal government at any time during the person's 4
term of total confinement or community custody on the basis of the 5
presence of an immigration detainer, hold, notification request, or 6
civil immigration warrant. 7
(2) Upon transfer from the jurisdiction of the department to the 8
custody of federal immigration authorities pursuant to this section, 9
the individual's term of total confinement or community custody shall 10
run concurrently while the person is in the custody of federal 11
immigration authorities. 12
(3) For the purposes of this section, the definitions contained 13
in RCW 43.17.420 apply to this section. 14
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