Ex. medical placement

AN ACT Relating to providing an alternative condition for 1
extraordinary medical placement for incarcerated individuals; and 2
reenacting and amending RCW 9.94A.728. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9.94A.728 and 2025 c 407 s 6 and 2025 c 371 s 6 are 5
each reenacted and amended to read as follows: 6
(1) No incarcerated individual serving a sentence imposed 7
pursuant to this chapter and committed to the custody of the 8
department shall leave the confines of the correctional facility or 9
be released prior to the expiration of the sentence except as 10
follows: 11
(a) An incarcerated individual may earn early release time as 12
authorized by RCW 9.94A.729; 13
(b) An incarcerated individual may leave a correctional facility 14
pursuant to an authorized furlough or leave of absence. In addition, 15
incarcerated individuals may leave a correctional facility when in 16
the custody of a corrections officer or officers; 17
(c)(i) The secretary may authorize an extraordinary medical 18
placement for an incarcerated individual when all of the following 19
conditions exist: 20
S-3609.1
SENATE BILL 5895
State of Washington 69th Legislature 2026 Regular Session
By Senators Saldaña, Hasegawa, Nobles, and C. Wilson
Prefiled 12/16/25. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5895
(A) The incarcerated individual has been assessed by two 1
physicians and is determined to be one of the following:2
(I) Affected by a permanent or degenerative medical condition to 3
such a degree that the individual does not presently, and likely will 4
not in the future, pose a threat to public safety; ((or))5
(II) In ill health and is expected to die within six months and 6
does not presently, and likely will not in the future, pose a threat 7
to public safety; or8
(III) Diagnosed with, and is affected by, a serious medical 9
condition to such a degree that the individual's basic medical care 10
needs cannot be met or delivered by the department or its contractors 11
as mandated by the federal Constitution, the state Constitution, and 12
RCW 72.10.005;13
(B) The incarcerated individual has been assessed as low risk to 14
the community at the time of release; and 15
(C) It is expected that granting the extraordinary medical 16
placement will result in a cost savings to the state.17
(ii) An incarcerated individual sentenced to death or to life 18
imprisonment without the possibility of release or parole is not 19
eligible for an extraordinary medical placement. 20
(iii) The secretary shall require electronic monitoring for all 21
individuals in extraordinary medical placement unless the electronic 22
monitoring equipment is detrimental to the individual's health, 23
interferes with the function of the individual's medical equipment, 24
or results in the loss of funding for the individual's medical care, 25
in which case, an alternative type of monitoring shall be utilized. 26
The secretary shall specify who shall provide the monitoring services 27
and the terms under which the monitoring shall be performed.28
(iv) The secretary may revoke an extraordinary medical placement 29
under this subsection (1)(c) at any time. 30
(v) Persistent offenders are not eligible for extraordinary 31
medical placement; 32
(d) The governor, upon recommendation from the clemency and 33
pardons board, may grant an extraordinary release:34
(i) For reasons of serious health problems, senility, advanced 35
age, extraordinary meritorious acts, or other extraordinary 36
circumstances; or 37
(ii) Pursuant to RCW 9.94A.885; 38
(e) No more than the final 18 months of the incarcerated 39
individual's term of confinement may be served in partial confinement 40
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for aiding the incarcerated individual with: Finding work as part of 1
the work release program under chapter 72.65 RCW; (([or])) or 2
reestablishing himself or herself in the community as part of the 3
parenting program in RCW 9.94A.6551. This is in addition to that 4
period of earned early release time that may be exchanged for partial 5
confinement pursuant to RCW 9.94A.729(5)(d); 6
(f)(i) No more than the final nine months of the incarcerated 7
individual's term of confinement may be served in partial confinement 8
as home detention as part of the graduated reentry program developed 9
by the department under RCW 9.94A.733(1)(a); 10
(ii) For eligible incarcerated individuals under RCW 11
9.94A.733(1)(b), after serving at least three months in total 12
confinement in a state correctional facility, an incarcerated 13
individual may serve no more than the final 18 months of the 14
incarcerated individual's term of confinement in partial confinement 15
as home detention as part of the graduated reentry program developed 16
by the department; 17
(g) The governor may pardon any incarcerated individual;18
(h) The department may release an incarcerated individual from 19
confinement any time within 10 days before a release date calculated 20
under this section; 21
(i) An incarcerated individual may leave a correctional facility 22
prior to completion of his or her sentence if the sentence has been 23
reduced as provided in RCW 9.94A.870; 24
(j) Notwithstanding any other provisions of this section, an 25
incarcerated individual sentenced for a felony crime listed in RCW 26
9.94A.540 as subject to a mandatory minimum sentence of total 27
confinement shall not be released from total confinement before the 28
completion of the listed mandatory minimum sentence for that felony 29
crime of conviction unless allowed under RCW 9.94A.540; and30
(k) Any individual convicted of one or more crimes committed 31
prior to the individual's 18th birthday may be released from 32
confinement pursuant to RCW 9.94A.730. 33
(2) Notwithstanding any other provision of this section, an 34
incarcerated individual entitled to vacation of a conviction or the 35
recalculation of his or her offender score pursuant to State v. 36
Blake, No. 96873-0 (Feb. 25, 2021), may be released from confinement 37
pursuant to a court order if the incarcerated individual has already 38
served a period of confinement that exceeds his or her new standard 39
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range. This provision does not create an independent right to release 1
from confinement prior to resentencing. 2
(3) Individuals residing in a juvenile correctional facility 3
placement pursuant to RCW 72.01.410(1)(a) are not subject to the 4
limitations in this section. 5
(4) For the purposes of this section, "basic medical care needs" 6
means health-related accommodations, treatments, prescriptions, or 7
medical devices which are consistent with the accepted standard of 8
care for health care providers, exercising the degree of care, skill, 9
and learning expected of a reasonably prudent health care provider at 10
that time in the profession or class to which the provider belongs, 11
in the state of Washington, acting in the same or similar 12
circumstances.13
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