1604-S AMH WALJ LANG 186

SHB 1604 - H AMD 1492

NOT ADOPTED 02/04/2026

On page 1, after line 5, insert the following: 

"NEW SECTION. Sec. The legislature acknowledges the holding in Jordan v. Gardner, 986 F.2d 1521 (9th Cir. 1993), in which the court concluded that routine, non-emergency, cross-gender clothed body searches of female inmates by male correctional officers caused severe psychological trauma and violated the Eighth Amendment. That decision recognized the unique vulnerabilities of incarcerated women and the importance of minimizing unnecessary cross-gender searches where less intrusive alternatives are available.

The legislature further recognizes that forcing female correctional officers to conduct strip or body searches of male inmates may likewise cause psychological harm to the female officers and raise serious concerns relating to personal safety, dignity, and workplace trauma. The legislature acknowledges the United States supreme court decision in Dothard v. Rawlinson, 433 U.S. 321 (1977), which recognized that sex-based job assignments in correctional settings may be constitutionally permissible where they are reasonably necessary to protect employee safety and institutional security.

The legislature recognizes that provisions of this act could be interpreted as inconsistent with the principles articulated in both Jordan and Dothard. It is the intent of the legislature that this act be implemented and construed in a manner that avoids such inconsistency, preserves constitutionally permissible sex-based staffing decisions where justified by safety and security concerns, and balances the rights and wellbeing of incarcerated individuals with the safety, dignity, and mental health of correctional staff."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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) A jail, as defined in RCW 70.48.020, corrections personnel, and public safety personnel shall not be liable for any claim alleging sexual misconduct or custodial sexual misconduct pursuant to RCW 9A.44.170 if the conduct is mandated pursuant to RCW 10.79.100 and section 1 of this act but is otherwise lawful.

(2) The attorney general shall fully indemnify and defend a jail, as defined in RCW 70.48.020, corrections personnel, and public safety personnel in any federal litigation arising out of a claim of sexual misconduct if the conduct is mandated pursuant to RCW 10.79.100 and section 1 of this act but is otherwise lawful."

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