1604-S AMH JACO PATT 351

SHB 1604 - H AMD 1497

NOT ADOPTED 02/04/2026

On page 4, after line 18, insert the following:

"NEW SECTION. Sec. 3. A new section is added to chapter 70.48 RCW to read as follows:

(1) If a correctional or jail employee determines that a search of an inmate in the custody of a jail is necessary, and a qualifying person authorized to conduct the search under this chapter is not immediately available, the jail may temporarily restrain the inmate for the sole purpose of maintaining safety and security until such time as a qualifying person becomes available to conduct the search.

(2) Any restraint used under this section must be:

(a) The least restrictive means reasonably necessary to address the safety or security concern;

(b) Temporary and limited in duration to the time reasonably necessary to make a qualifying person available to conduct the search; and

(c) Applied in a manner consistent with state and federal constitutional standards and the jail's existing policies.

(3) Nothing in this section shall be construed to:

(a) Prohibit the use of anti-suicide smocks or similar devices when the jail has a good faith basis within policy to ensure the safety of the jail's staff and the inmate;

(b) Authorize the use of restraint:

(i) As punishment;

(ii) As a substitute for a search prohibited under this chapter; or

(iii) In a manner inconsistent with any provision of state or federal law governing the treatment of inmates;

(c) Require a correctional or jail employee to conduct a search in violation of the limitations or protections under this chapter; or

(d) Limit the authority of correctional or jail employees to conduct searches necessary to respond to an immediate threat to life, safety, or facility security, consistent with existing law."

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