Correctional and detention facilities are used to detain persons for a variety of purposes, including pretrial detention and sentencing.  "Detention facility" means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes including prior to trial or sentencing, fulfilling the terms of a sentence imposed by a court, or for other judicial or administrative processes or proceedings. 

Under state law, private detention facilities are subject to certain statutory requirements related to the operational standards for such facilities, unless specifically exempted.  A "private detention facility" is a detention facility that is operated by a private, nongovernmental entity pursuant to a contract or agreement with a federal, state, or local governmental entity.

The Department of Health is required to adopt rules related to maintaining sanitary, hygienic, and safe conditions at private detention facilities.  Private detention facilities with contracts with effective dates on or after January 1, 2023, and facilities that extend or modify contracts with effective dates prior to January 1, 2023, are subject to additional statutory requirements.  For example, such facilities are required to develop and implement written policies and procedures consistent with assuring the rights of detained persons, protecting against abuse and neglect, and reporting suspected incidents, and to post those policies and procedures in a prominent place for detained persons at the facility to read.  The Office of the Attorney General is authorized to enforce violations of these rules and requirements.

Each private detention facility with a contract with effective dates on or after January 1, 2023, or facility that extends or modifies its contract with effective dates prior to January 1, 2023, must report serious or undesirable outcomes that occur in the facility to the Department of Health (DOH) and the law enforcement agency with primary jurisdiction in the area the facility is located by the end of the next business day of the incident occurring, including the following:

• allegations of abuse or neglect;
• death;
• suicide;
• injuries resulting in an inpatient hospital stay; and
• disruption of services through internal or external emergency or disaster.

The Office of the Attorney General is authorized to enforce violations of this requirement.

Beginning November 1, 2026, each law enforcement agency in the state with one or more private detention facilities in its jurisdiction must submit an annual report to the DOH containing the following information for each such facility:

• the number of calls that were received related to incidents at or involving the facility;
• whether the agency responded to the call or conducted any further investigation;
• whether law enforcement spoke with the victim;
• whether the victim was provided a copy of the police report for the incident;
• whether the agency received an internal report or other information from the facility related to the incident;
• whether the agency referred the case for prosecution; and
• whether a prosecution resulted.

(In support) There have been reports throughout the years about various issues at private detention facilities, including firsthand accounts by detained persons who have seen or experienced assaults, sexual abuse, suicide attempts, and hunger strikes.  When there are fires, the facilities line detained persons up in the halls inside the building instead of taking them to a safe place outside the building.  Every day that goes by, detained persons are at risk of death and other harm due to the lack of medical care, the neglect of their health, and ongoing physical and psychological abuse by guards.

However, there is a big discrepancy between incidents that are personally observed and incidents that are officially reported.  The federal government has created barriers to reporting crimes and incidents, and interfered with the ability to investigate reports at these facilities.  Detained persons also struggle with language barriers, lack of access to reporting methods, and lack of familiarity with the criminal justice system.  Even when reports are made, detained persons face retaliation and their complaints are often covered up or ignored.  

This bill will require reports to be made to law enforcement and the Department of Health (DOH), providing insight into what is actually happening at private detention facilities and how to address it.  It is vital that the DOH receives information on serious incidents for accuracy and transparency into the health and safety conditions at these facilities.  Certain law enforcement agencies are already required to take basic investigative actions under their own policies.  No new burden is being imposed on law enforcement agencies other than making annual reports to the DOH.  The state currently requires residential treatment facilities to report similar types of incidents, so private detention facilities should not be exempt from similar requirements. 

(Opposed) None.

(Other) The Legislature should engage in conversations with the law enforcement agencies that will be affected by this bill.  It is important to be aware of the cumulative effects of the various requirements imposed on the state's law enforcement agencies over the last five years, and to be cognizant that law enforcement agencies have been put in the middle of the state's disagreements with the federal government.

(In support) Representative Lillian Ortiz-Self, prime sponsor; Rufina Reyes, La Resistencia; Hannah Woerner, Columbia Legal Services; Josefina Mora-Cheung, La Resistencia; Angelina Godoy, University of Washington Center for Human Rights; Xiomara Uran, Northwest Immigrant Rights Project; Lydia Zepeda, League of Women Voters of Washington; and Rowland Thompson, Allied Daily Newspapers and WSABroadcasters.