SENATE BILL REPORT
SB 5895
As of January 12, 2026
Title: An act relating to providing an alternative condition for extraordinary medical placement for incarcerated individuals.
Brief Description: Providing an alternative condition for extraordinary medical placement for incarcerated individuals.
Sponsors: Senator Saldaña.
Brief History:
Committee Activity: Human Services: 1/13/26.
Brief Summary of Bill
  • Expands the eligibility criteria for an extraordinary medical placement for an incarcerated individual in Department of Corrections custody, if the individual has been diagnosed with, and is affected by, a serious medical condition to such a degree that the individual's basic medical care needs cannot be met or delivered.
  • Defines basic medical care needs to include health-related accommodations, treatments, prescriptions, or medical devices which are consistent with the accepted standard of care for health care providers, exercising the degree of care, skill, and learning expected of a reasonably prudent health care provider.
SENATE COMMITTEE ON HUMAN SERVICES
Staff: Will Trondsen (786-7552)
Background:

Extraordinary Medical Placement. An incarcerated individual may be given an extraordinary medical placement (EMP) when authorized by the secretary of the Department of Corrections (DOC). Such placement will transfer the individual to an alternative care setting outside of the custody of DOC if:

  • the incarcerated individual has been assessed by two physicians, and is determined to be one of the following:
    1. affected by a permanent or degenerative medical condition to such a degree the individual does not presently, and likely will not in the future, pose a threat to public safety; or
    2. is in ill health and is expected to die within six months, and does not presently, and likely will not in the future, pose a threat to public safety;
  • the person has been assessed as a low risk to the community at the time of release; and
  • it is expected that granting the EMP will result in a cost savings to the state.

 

An incarcerated individual sentenced to death, life imprisonment without the possibility of release or parole, or a persistent offender is not eligible for an EMP. An EMP may be revoked at any time.

 

Electronic Monitoring Requirement. All individuals authorized for an EMP are required to have electronic monitoring unless the monitoring equipment is detrimental to the individual's health, interferes with the function of the individual's medical equipment, or results in the loss of funding for the individual's medical care. For those people that meet the exception, an alternative type of monitoring must be used. 

 

Department of Corrections Policies. DOC has policies for establishing general requirements on who may refer, or receive an extraordinary medical placement. An EMP will not be considered when there is an absence of resources in the community to provide necessary care for the individual.
Summary of Bill:

Authorizes the secretary of DOC to allow an EMP for an incarcerated individual when the person has been assessed by two physicians and is determined to be diagnosed with, and affected by, a serious medical condition to such a degree that the individual's basic medical care needs cannot be met or delivered by DOC or its contractors as mandated by the federal constitution, state constitution, or state law.

 

Defines basic medical care needs to mean health-related accommodations, treatments, prescriptions, or medical devices which are consistent with the accepted standard of care for health care providers, exercising the degree of care, skill, and learning expected of a reasonably prudent health care provider at that time in the profession or class to which the provider belongs, in the state of Washington, acting in the same or similar circumstances. 
Appropriation: None.
Fiscal Note: Requested on January 2, 2026.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.