Correctional fac. contraband

AN ACT Relating to the possession of contraband at any 1
correctional facility or institution by an employee; adding a new 2
section to chapter 72.09 RCW; and adding a new section to chapter 3
13.40 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 72.09 6
RCW to read as follows: 7
(1) When the secretary has reasonable cause to believe that an 8
employee has possessed contraband on the premises of a state 9
correctional facility, notwithstanding any rule adopted under chapter 10
41.06 RCW the secretary shall immediately suspend the employee.11
(2) The secretary shall immediately institute proceedings to 12
terminate the employment of any person: 13
(a) Who is found by the department, based on a preponderance of 14
the evidence, to have possessed any contraband on the premises of a 15
state correctional institution; or 16
(b) Upon a guilty plea or conviction of either RCW 9.94.043 or 17
9.94.045. 18
(3) When the secretary has reasonable cause to believe that an 19
employee of a contractor has possessed contraband on the premises of 20
a state correctional institution, the secretary shall require the 21
S-3879.1
SENATE BILL 6145
State of Washington 69th Legislature 2026 Regular Session
By Senator Braun
p. 1 SB 6145
employee of a contractor to be immediately removed from any 1
employment position which would permit the employee to have any 2
access to the premises of the correctional institution.3
(4) The secretary shall disqualify for employment with a 4
contractor in any position with access to a correctional institution, 5
any person: 6
(a) Who is found by the department, based on a preponderance of 7
the evidence, to have possessed any contraband on the premises of a 8
state correctional institution; or 9
(b) Upon a guilty plea or conviction of either RCW 9.94.043 or 10
9.94.045. 11
(5) The secretary, when considering the renewal of a contract 12
with a contractor who has taken action under subsection (3) or (4) of 13
this section, shall require the contractor to demonstrate that there 14
has been significant progress made in reducing the likelihood that 15
any of its employees possess contraband on the premises of a 16
correctional institution. The secretary shall examine whether the 17
contractor has taken steps to improve hiring, training, and 18
monitoring practices and whether the employee remains with the 19
contractor. The secretary shall not renew a contract unless he or she 20
determines that significant progress has been made.21
(6)(a) For the purposes of RCW 50.20.060, a person terminated 22
under this section shall be considered discharged for misconduct.23
(b)(i) The department may, within its discretion or upon request 24
of any member of the public, release information to an individual or 25
to the public regarding any person or contract terminated under this 26
section. 27
(ii) An appointed or elected public official, public employee, or 28
public agency as defined in RCW 4.24.470 is immune from civil 29
liability for damages for any discretionary release of relevant and 30
necessary information, unless it is shown that the official, 31
employee, or agency acted with gross negligence or in bad faith. The 32
immunity provided under this section applies to the release of 33
relevant and necessary information to other public officials, public 34
employees, or public agencies, and to the public. 35
(iii) Except as provided in chapter 42.56 RCW, or elsewhere, 36
nothing in this section shall impose any liability upon a public 37
official, public employee, or public agency for failing to release 38
information authorized under this section. Nothing in this section 39
implies that information regarding persons designated in subsection 40
p. 2 SB 6145
(2) of this section is confidential except as may otherwise be 1
provided by law. 2
(7) The department shall adopt rules to implement this section. 3
The rules shall reflect the legislative intent that this section 4
prohibits individuals who are employed by the department or a 5
contractor of the department from possessing contraband on any state 6
correctional institution premises. 7
(8) As used in this section: 8
(a) "Contractor" includes all subcontractors of a contractor; and9
(b) "Contraband" means contraband as defined in RCW 72.09.015, 10
and also includes any object that threatens the security of the 11
institution, unlawfully possessed weapons, or illegal drugs.12
NEW SECTION. Sec. 2. A new section is added to chapter 13.40 13
RCW to read as follows: 14
(1) When the secretary has reasonable cause to believe that an 15
employee has possessed contraband on the premises of an institution, 16
notwithstanding any rule adopted under chapter 41.06 RCW the 17
secretary shall immediately suspend the employee. 18
(2) The secretary shall immediately institute proceedings to 19
terminate the employment of any person: 20
(a) Who is found by the department, based on a preponderance of 21
the evidence, to have possessed any contraband on the premises of an 22
institution; or 23
(b) Upon a guilty plea or conviction of either RCW 9.94.043 or 24
9.94.045. 25
(3) When the secretary has reasonable cause to believe that an 26
employee of a contractor has possessed contraband on the premises of 27
an institution, the secretary shall require the employee of a 28
contractor to be immediately removed from any employment position 29
which would permit the employee to have any access to the premises of 30
an institution. 31
(4) The secretary shall disqualify for employment with a 32
contractor in any position with access to an institution, any person:33
(a) Who is found by the department, based on a preponderance of 34
the evidence, to have possessed any contraband on the premises of an 35
institution; or 36
(b) Upon a guilty plea or conviction of either RCW 9.94.043 or 37
9.94.045. 38
p. 3 SB 6145
(5) The secretary, when considering the renewal of a contract 1
with a contractor who has taken action under subsection (3) or (4) of 2
this section, shall require the contractor to demonstrate that there 3
has been significant progress made in reducing the likelihood that 4
any of its employees possess contraband on the premises of an 5
institution. The secretary shall examine whether the contractor has 6
taken steps to improve hiring, training, and monitoring practices and 7
whether the employee remains with the contractor. The secretary shall 8
not renew a contract unless he or she determines that significant 9
progress has been made. 10
(6)(a) For the purposes of RCW 50.20.060, a person terminated 11
under this section shall be considered discharged for misconduct.12
(b)(i) The department may, within its discretion or upon request 13
of any member of the public, release information to an individual or 14
to the public regarding any person or contract terminated under this 15
section. 16
(ii) An appointed or elected public official, public employee, or 17
public agency as defined in RCW 4.24.470 is immune from civil 18
liability for damages for any discretionary release of relevant and 19
necessary information, unless it is shown that the official, 20
employee, or agency acted with gross negligence or in bad faith. The 21
immunity provided under this section applies to the release of 22
relevant and necessary information to other public officials, public 23
employees, or public agencies, and to the public. 24
(iii) Except as provided in chapter 42.56 RCW, or elsewhere, 25
nothing in this section shall impose any liability upon a public 26
official, public employee, or public agency for failing to release 27
information authorized under this section. Nothing in this section 28
implies that information regarding persons designated in subsection 29
(2) of this section is confidential except as may otherwise be 30
provided by law. 31
(7) The department shall adopt rules to implement this section. 32
The rules shall reflect the legislative intent that this section 33
prohibits individuals who are employed by the department or a 34
contractor of the department from possessing contraband on any state 35
correctional institution premises. 36
(8) As used in this section: 37
(a) "Contractor" includes all subcontractors of a contractor; and38
p. 4 SB 6145
(b) "Contraband" includes, at minimum, any object that threatens 1
the security of the institution, unlawfully possessed weapons, or 2
illegal drugs. 3
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