Text of WA HB 1470 (2023)

AN ACT Relating to private detention facilities; amending RCW 1 42.56.475, 70.395.010, 70.395.020, and 70.395.030; adding new 2 sections to chapter 70.395 RCW; creating a new section; prescribing 3 penalties; and providing effective dates. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 Sec. 1. RCW 42.56.475 and 2022 c 272 s 1 are each amended to 6 read as follows: 7 (1) The following information or records created or maintained by 8 the department of corrections or a private detention facility is 9 exempt from public inspection and copying under this chapter: 10 (a) Body scanner images from any system designed to detect and 11 visualize contraband hidden in body cavities or beneath clothing, 12 including backscatter X-ray, millimeter wave, and transmission X-ray 13 systems; 14 (b) The following information and records created or maintained 15 pursuant to the federal prison rape elimination act, 34 U.S.C. Sec. 16 30301 et seq., and its regulations: 17 (i) Risk assessments, risk indicators, and monitoring plans; 18 (ii) Reports of sexual abuse or sexual harassment, as defined 19 under 28 C.F.R. 115.6; 20 H-0579.2 HOUSE BILL 1470 State of Washington 68th Legislature 2023 Regular Session By Representative Ortiz-Self p. 1 HB 1470 (iii) Records of open prison rape elimination act investigations; 1 and 2 (iv) The identities of individuals other than department of 3 corrections or private detention facility staff, contractors, and 4 volunteers, in closed prison rape elimination act investigation 5 reports and related investigative materials; however, the identity of 6 an accused individual is not exempt if the allegation is determined 7 to have been substantiated; and 8 (c) Health information in records other than an incarcerated 9 individual's or detained individual's medical, mental health, or 10 dental files. 11 (2) The exemption of information or records described under 12 subsection (1)(b) and (c) of this section does not apply to requests 13 by the incarcerated individual or detained individual who is the 14 subject of the information, a requestor with the written permission 15 of the incarcerated individual or detained individual who is the 16 subject of the information, or a personal representative of an 17 incarcerated individual or detained individual who is the subject of 18 the information. In response to such requests, the department of 19 corrections or private detention facility may withhold information 20 revealing the identity of other incarcerated or detained individuals. 21 (3) An agency or private detention facility refusing, in whole or 22 in part, inspection of a public record containing information listed 23 in subsection (1)(c) of this section may cite to subsection (1)(c) of 24 this section, without further explanation, when providing the brief 25 explanation required by RCW 42.56.210(3), and shall also identify the 26 number of pages withheld, if any pages are withheld in their 27 entirety. 28 (4) For purposes of this section: 29 (a) "Health information" means any information that identifies or 30 can readily be associated with the identity of an incarcerated 31 individual or detained individual and directly relates to the 32 following: Medical, mental health, or dental diagnoses or conditions; 33 medical, mental health, or dental services, treatments, or 34 procedures, including requests for or complaints about such services, 35 treatments, or procedures; transgender, intersex, nonbinary, or 36 gender nonconforming status; sexual orientation; genital anatomy; or 37 gender-affirming care or accommodations other than an incarcerated 38 individual's or detained individual's preferred name, pronouns, and 39 gender marker. 40 p. 2 HB 1470 (b) The following information is not "health information" under 1 this section: (i) Health care information subject to RCW 42.56.360(2) 2 and chapter 70.02 RCW; and (ii) information related to injuries, 3 other than injuries related to medical procedures or genital anatomy, 4 contained in incident reports, infraction records, or use of force 5 reports, prepared by department of corrections or private detention 6 facility staff other than health care providers. 7 (c) "Incarcerated individual" has the same meaning as "inmate" 8 under RCW 72.09.015 and includes currently or formerly incarcerated 9 individuals. 10 (d) "Detained individual" means a person confined in a private 11 detention facility. 12 (e) "Private detention facility" means a detention facility that 13 is operated by a private, nongovernmental entity and operating 14 pursuant to a contract or agreement with a federal, state, or local 15 governmental entity. 16 (5) A private detention facility operating pursuant to a contract 17 with a state or local agency is subject to the requirements of this 18 chapter. 19 NEW SECTION. Sec. 2. A new section is added to chapter 70.395 20 RCW to read as follows: 21 (1) This section applies to contracts with effective dates on or 22 after the effective date of this section. 23 (2) Private detention facilities must comply with the following 24 minimum requirements: 25 (a) A detained person should have a safe, clean, and comfortable 26 environment that allows a detained person to use the person's 27 personal belongings to the extent possible; 28 (b) Living areas, including areas used for sleeping, recreation, 29 dining, telecommunications, visitation, and bathrooms. Bathrooms must 30 be cleaned and sanitized daily; 31 (c) A detained person, upon admission to a private detention 32 facility, must be issued new clothing and new footwear for both 33 indoor and outdoor use and for protection against cold and heat. 34 Clothing issued must be regularly laundered and replaced at no cost 35 once no longer hygienic or serviceable; 36 (d) A private detention facility must provide laundry facilities, 37 equipment, handling, and processes for linen and laundered items that 38 are clean and in good repair, adequate to meet the needs of detained 39 p. 3 HB 1470 persons, and maintained according to the manufacturer's instructions. 1 Laundry and linen must be handled, cleaned, and stored according to 2 acceptable methods of infection control including preventing 3 contamination from other sources. Separate areas for handling clean 4 laundry and soiled laundry must be provided and laundry rooms and 5 areas must be ventilated to the exterior; 6 (e) Basic personal hygiene items must be provided to a detained 7 person regularly at no cost; 8 (f) A private detention facility shall provide a nutritious and 9 balanced diet, including fresh fruits and vegetables, and shall 10 recognize a detained person's need for a special diet. A private 11 detention facility must follow proper food handling and hygiene 12 practices. A private detention facility must provide at least three 13 meals per day, at no cost, and at reasonable hours; 14 (g) Any food items in the commissary must be available at 15 reasonable prices taking into account the income and financial 16 circumstances of detained persons; 17 (h) Telecommunications services must be provided free of charge 18 to detained persons and any communication, whether initiated or 19 received through such a service, must be free of charge to the 20 detained person initiating or receiving the communication. Each 21 detained person must be eligible to use the telecommunications 22 services described in this subsection (2)(h) for at least 60 minutes 23 on each day of the person's detainment. Private detention facilities 24 must not use the provision of telecommunications services or any 25 other communication service to supplant in-person contact visits any 26 detained person may be eligible to receive; 27 (i) In-person visitation must be available daily. Visitation 28 rooms must allow for the presence of children and personal contact 29 between visiting persons and detained persons may not be restricted. 30 A detained person may receive reading and writing materials during 31 visitation; 32 (j) Solitary confinement is prohibited; 33 (k) Televisions must be available and accessible to a detained 34 person at no cost. The private detention facility shall make every 35 effort to make television programming available in the language of 36 the detained person; 37 (l) Handheld radios must be provided to a detained person at no 38 cost; 39 p. 4 HB 1470 (m) A detained person may invite persons to the private detention 1 facility to provide legal education, know your rights presentations, 2 and other similar programming; 3 (n) Computer and internet access must be available and accessible 4 to a detained person at no cost; 5 (o) A law library must be available and accessible; 6 (p) Communication from the private detention facility to a 7 detained person, either in writing or verbally, must be delivered in 8 the primary language of the detained person; 9 (q) Sexual violence and harassment grievances must be responded 10 to immediately by culturally competent professionals on-site and 11 shared with the local health jurisdiction in the county where the 12 private detention facility is located; 13 (r) Mental health evaluations should occur at intake and 14 periodically, at least once a week. Culturally competent mental 15 health therapy must be available and free; 16 (s) Safe indoor air quality must be maintained; 17 (t) The private detention facility must have both heating and air 18 conditioning equipment that can be adjusted by room or area. Rooms 19 used by a detained person must be able to maintain interior 20 temperatures at a minimum of 65 degrees Fahrenheit year-round. 21 Excessive odors and moisture must be prevented in the building; 22 (u) Requested medical care and attention must be provided without 23 delay, including the provision of requested medical accommodations; 24 (v) Rooms used by a detained person for sleeping must have access 25 to windows, natural light, and natural air circulation. Subject to 26 safety limitations, sleeping rooms must include adjustable curtains, 27 shades, blinds, or the equivalent installed at the windows for visual 28 privacy and that are shatterproof, screened, or of the security type 29 as determined by the private detention facility needs; 30 (w) A private detention facility must be equipped to respond to 31 natural and human-made emergencies, including earthquakes, lahar 32 threats, tsunami, and industrial accidents. A private detention 33 facility must be earthquake resistant. A private detention facility 34 shall develop emergency operation and continuity of operations plans 35 and provide those plans to the local emergency management department. 36 A private detention facility must stock all necessary personal 37 protective equipment in case of disease outbreaks consistent with 38 large numbers of people detained in close contact to one another; and 39 p. 5 HB 1470 (x) A private detention facility must implement and maintain an 1 infection control program that prevents the transmission of 2 infections and communicable disease among detained persons, staff, 3 and visitors. 4 (3) None of the standards in subsection (2) of this section may 5 be limited or restricted for disciplinary purposes. 6 NEW SECTION. Sec. 3. A new section is added to chapter 70.395 7 RCW to read as follows: 8 (1) The department of health shall direct the local health 9 jurisdiction in the county where the private detention facility is 10 located to conduct routine, unannounced inspections of private 11 detention facilities including, but not limited to, inspection of 12 food service and food handling, sanitation and hygiene, and nutrition 13 as provided in subsection (2) of this section. The local health 14 jurisdiction shall conduct investigations of complaints received 15 relating to any private detention facility located within its 16 jurisdiction. 17 (2) The department of health shall coordinate with the local 18 health jurisdiction in the county where the private detention 19 facility is located to regularly review the list of food items 20 provided to detained persons to ensure the specific nutrition and 21 calorie needs of each detained person are met, including any needs 22 related to medical requirements, food allergies, or religious dietary 23 restrictions. 24 (3) The department of labor and industries shall conduct routine, 25 unannounced inspections of workplace conditions at private detention 26 facilities, including work undertaken by detained persons. 27 (4) The department of ecology shall routinely test water and air 28 quality at private detention facilities both inside and outside of 29 the facility. 30 (5) The office of the state auditor may undertake performance 31 audits of private detention facilities. 32 (6) The office of the attorney general may undertake review of 33 private detention facility practices and may investigate violations 34 of this chapter on its own initiative and in response to complaints. 35 NEW SECTION. Sec. 4. A new section is added to chapter 70.395 36 RCW to read as follows: 37 p. 6 HB 1470 Subject to the availability of amounts appropriated for this 1 specific purpose, agencies responsible for oversight of private 2 detention facilities in accordance with section 3 of this act may 3 adopt those rules as may be necessary to effectuate the intent and 4 purposes of this chapter, which include ensuring that detained 5 persons are treated humanely and that private detention facilities 6 maintain sanitary, hygienic, and safe conditions in the interest of 7 public health, safety, and welfare. 8 NEW SECTION. Sec. 5. A new section is added to chapter 70.395 9 RCW to read as follows: 10 (1) A detained person aggrieved by a violation of this chapter 11 has a right of action in superior court and may recover for each 12 violation as follows: 13 (a) Against any person who negligently violates a provision of 14 this chapter, $1,000, or actual damages, whichever is greater, for 15 each violation; 16 (b) Against any person who intentionally or recklessly violates a 17 provision of this chapter, $10,000, or actual damages, whichever is 18 greater, for each violation; 19 (c) Reasonable attorneys' fees and costs if the detained person 20 is the prevailing party; and 21 (d) Other relief, including an injunction, as the court may deem 22 appropriate. Injunctive relief may be issued without bond in the 23 discretion of the court, notwithstanding any other requirement 24 imposed by statute. 25 (2) Any action under this chapter is barred unless the action is 26 commenced within three years after the cause of action accrues. 27 (3) For the purposes of this section, "person" means an owner, 28 contractor, subcontractor, or employee of a private detention 29 facility. 30 (4) The state and its agencies are not liable for a violation of 31 this chapter. 32 NEW SECTION. Sec. 6. A new section is added to chapter 70.395 33 RCW to read as follows: 34 (1) Any person who fails to comply with this chapter may be 35 subject to a civil penalty in an amount of not more than $1,000 per 36 violation per day. 37 p. 7 HB 1470 (2) Subject to the availability of amounts appropriated for this 1 specific purpose, the secretary of the department of social and 2 health services may adopt by rule a penalty matrix that establishes 3 procedures for civil penalties assessed under this chapter. 4 (3) Each violation is a separate and distinct offense. The 5 department of social and health services shall impose the civil 6 penalty in accordance with chapter 34.05 RCW. Moneys collected under 7 this section must be deposited into the state general fund. 8 (4) If the civil penalty is not paid to the department of social 9 and health services within 15 days after receipt of notice, the 10 office of the attorney general may bring an action to recover the 11 penalty in the name of the state of Washington in the superior court 12 of Thurston county or in the county where the private detention 13 facility is located. In all such actions, the procedure and rules of 14 evidence are the same as in ordinary civil actions. All penalties 15 recovered by the attorney general under this chapter must be paid 16 into the Washington state attorney general humane detention account 17 created in section 7 of this act. 18 (5) For the purposes of this section, "person" means an owner, 19 contractor, subcontractor, or employee of a private detention 20 facility. 21 (6) The state and its agencies are not liable for a violation of 22 this chapter. 23 NEW SECTION. Sec. 7. A new section is added to chapter 70.395 24 RCW to read as follows: 25 The Washington state attorney general humane detention account is 26 created in the custody of the state treasurer. All receipts from 27 civil penalties under section 6 of this act must be deposited in the 28 account. Only the attorney general or the attorney general's designee 29 may authorize expenditures from the account. Moneys in the account 30 must be used exclusively for the costs associated with the attorney 31 general's enforcement of the provisions of this chapter governing the 32 recovery of civil penalties. The account is subject to allotment 33 procedures under chapter 43.88 RCW, but an appropriation is not 34 required for expenditures. 35 Sec. 8. RCW 70.395.010 and 2021 c 30 s 1 are each amended to 36 read as follows: 37 p. 8 HB 1470 (1) The legislature finds that all people confined in prisons and 1 detention facilities in Washington deserve basic health care, 2 nutrition, and safety. As held in United States v. California, 921 3 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority 4 to ensure the health and welfare of inmates and detainees in 5 facilities within its borders." States have broad authority to 6 enforce generally applicable health and safety laws against 7 contractors operating private detention facilities within the state. 8 The ninth circuit reinforced this authority in Geo Group, Inc. v. 9 Newsom, 50 F.4th 745, 750 (9th Cir. 2022), stating "[p]rivate 10 contractors do not stand on the same footing as the federal 11 government, so states can impose many laws on federal contractors 12 that they could not apply to the federal government itself." 13 (2) The legislature finds that profit motives lead private 14 prisons and detention facilities to cut operational costs, including 15 the provision of food, health care, and rehabilitative services, 16 because their primary fiduciary duty is to maximize shareholder 17 profits. This is in stark contrast to the interests of the state to 18 ensure the health, safety, and welfare of Washingtonians, including 19 all inmates and detainees within Washington's borders. 20 (3) The legislature finds that people confined in for-profit 21 prisons and detention facilities have experienced abuses and have 22 been confined in dangerous and unsanitary conditions. Safety risks 23 and abuses in private prisons and detention facilities at the local, 24 state, and federal level have been consistently and repeatedly 25 documented. The United States department of justice office of the 26 inspector general found in 2016 that privately operated prisons 27 "incurred more safety and security incidents per capita than 28 comparable BOP [federal bureau of prisons] institutions." The office 29 of inspector general additionally found that privately operated 30 prisons had (("higher rates of inmate-on-inmate and inmate-on-staff 31 assaults, as well as)) higher rates of staff uses of force and that 32 people detained in private prisons submitted more safety and security 33 related grievances, including those regarding the quality of food. 34 ((")) 35 (4) The legislature finds that private prison operators have cut 36 costs by reducing essential security and health care staffing. The 37 sentencing project, a national research and advocacy organization, 38 found in 2012 that private prison staff earn an average of five 39 thousand dollars less than staff at publicly run facilities and 40 p. 9 HB 1470 receive almost 60 hours less training. The office of inspector 1 general also found that people confined in private facilities often 2 failed to receive necessary medical care and that one private prison 3 went without a full-time physician for eight months. People confined 4 within private detention facilities are subjected to prolonged 5 periods of confinement, inadequate nutrition, medical and mental 6 health access issues, and arbitrary and improper visitation and 7 communication restrictions. In 2018, the sentencing project, a 8 national research and advocacy organization, found that private 9 prisons offer lower quality services and have higher staff turnover 10 rates compared to publicly operated facilities. The office of 11 inspector general also found that people confined in private 12 facilities often failed to receive necessary medical care. 13 (5) The legislature finds that private prisons and detention 14 centers are less accountable for what happens inside those facilities 15 than state-run facilities, as they are not subject to the freedom of 16 information act under 5 U.S.C. Sec. 552 or the Washington public 17 records act under chapter 42.56 RCW. 18 (6) The legislature finds that at least 22 other states have 19 stopped confining people in private for-profit facilities. 20 (7) Therefore, it is the intent of the legislature to prohibit 21 the use of private, for-profit prisons and detention facilities in 22 the state, and to set minimum standards for the conditions of 23 confinement within private detention facilities in the state and to 24 require the inspection and review of those facilities by appropriate 25 state or local agencies to ensure public health and safety. 26 Sec. 9. RCW 70.395.020 and 2021 c 30 s 2 are each amended to 27 read as follows: 28 The definitions in this section apply throughout this chapter 29 unless the context clearly requires otherwise. 30 (1) "Basic personal hygiene items" means items used to promote or 31 preserve a detained person's health and contribute to the prevention 32 of disease or infection, including soap, toothbrush and toothpaste, 33 shampoo and conditioner, lotion, nail clippers, comb, towels, and 34 menstrual products. 35 (2) "Culturally competent" includes: Knowledge of a detained 36 person's cultural histories and contexts, as well as family norms and 37 values in different cultures; knowledge and skills in accessing 38 community resources and community outreach; and skills in adapting 39 p. 10 HB 1470 services and treatment to a detained person's experiences and 1 identifying cultural contexts for individuals. 2 (3) "Detained person" means a person confined in a private 3 detention facility. 4 (4) "Detention facility" means any facility in which persons are 5 incarcerated or otherwise involuntarily confined for purposes 6 including prior to trial or sentencing, fulfilling the terms of a 7 sentence imposed by a court, or for other judicial or administrative 8 processes or proceedings. 9 (((2))) (5) "Fresh fruits and vegetables" means any unprocessed 10 fruits or vegetables, not including any processed, canned, frozen, or 11 dehydrated fruits or vegetables, or any fruits or vegetables infected 12 or infested with insects or other contaminants. 13 (6)(a) "Personal protective equipment" means equipment worn to 14 minimize exposure to hazards that cause serious injuries and illness, 15 which may result from contact with chemical, radiological, physical, 16 electrical, mechanical, or other hazards. 17 (b) Personal protective equipment may include items such as 18 gloves, safety glasses and shoes, earplugs or muffs, hard hats, 19 respirators, or coveralls, vests, and full body suits. 20 (7) "Private detention facility" means a detention facility that 21 is operated by a private, nongovernmental for-profit entity and 22 operating pursuant to a contract or agreement with a federal, state, 23 or local governmental entity. 24 (8) "Solitary confinement" means the confinement of a detained 25 person alone in a cell or similarly confined holding or living space 26 for 20 hours or more per day under circumstances other than a partial 27 or facility wide lockdown. 28 (9) "Telecommunications services" means phone calls or other 29 voice communication services, video communications, and email 30 services. 31 Sec. 10. RCW 70.395.030 and 2021 c 30 s 3 are each amended to 32 read as follows: 33 (1) Except as provided in subsections (2) and (3) of this 34 section, no person, business, or state or local governmental entity 35 shall operate a private detention facility within the state or 36 utilize a contract with a private detention facility within the 37 state. No state or local governmental entity shall utilize a contract 38 p. 11 HB 1470 with a private detention facility outside of Washington state, except 1 as provided in RCW 72.68.010(2). 2 (2) A private detention facility that is operating pursuant to a 3 valid contract with a governmental entity that was in effect prior to 4 January 1, 2021, may remain in operation for the duration of that 5 contract, not to include any extensions or modifications made to, or 6 authorized by, that contract. 7 (3) In accordance with the legislative findings in RCW 8 70.395.010, this section does not apply if the involuntary 9 confinement is at: 10 (a) ((A facility providing rehabilitative, counseling, treatment, 11 mental health, educational, or medical services to juveniles who are 12 subject to Title 13 RCW, or similarly applicable federal law; 13 (b))) A facility providing evaluation and treatment or forensic 14 services to a person who has been civilly detained or is subject to 15 an order of commitment by a court pursuant to chapter 10.77, 71.05, 16 71.09, or 71.34 RCW, or similarly applicable federal law; 17 (((c))) (b) A facility used for the quarantine or isolation of 18 persons for public health reasons pursuant to RCW 43.20.050, or 19 similarly applicable federal law; 20 (((d))) (c) A facility used for work release under chapter 72.65 21 RCW, or similarly applicable federal law; 22 (((e))) (d) A facility used for extraordinary medical placement; 23 (((f))) (e) A facility used for residential substance use 24 disorder treatment; 25 (((g))) (f) A facility used to house persons pursuant to 18 26 U.S.C. Sec. 4013; or 27 (((h))) (g) A facility owned and operated by federally recognized 28 tribes and contracting with a government. 29 NEW SECTION. Sec. 11. (1) Sections 1 and 3 through 10 of this 30 act take effect December 31, 2023. 31 (2) Section 2 of this act takes effect December 31, 2025. 32 NEW SECTION. Sec. 12. This act shall be construed liberally for 33 the accomplishment of the purposes thereof. 34 NEW SECTION. Sec. 13. If any provision of this act or its 35 application to any person or circumstance is held invalid, the 36 p. 12 HB 1470 remainder of the act or the application of the provision to other 1 persons or circumstances is not affected. 2 --- END --- p. 13 HB 1470

CERTIFICATION OF ENROLLMENT SECOND SUBSTITUTE HOUSE BILL 1470 Chapter 419, Laws of 2023 68th Legislature 2023 Regular Session PRIVATE DETENTION FACILITIES—VARIOUS PROVISIONS EFFECTIVE DATE: May 11, 2023 Passed by the House April 21, 2023 Yeas 56 Nays 40 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 11, 2023 Yeas 29 Nays 20 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1470 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 11, 2023 9:46 AM FILED May 11, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to private detention facilities; amending RCW 1 42.56.475, 70.395.010, and 70.395.020; adding new sections to chapter 2 70.395 RCW; creating new sections; prescribing penalties; and 3 declaring an emergency. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 Sec. 1. RCW 42.56.475 and 2022 c 272 s 1 are each amended to 6 read as follows: 7 (1) The following information or records created or maintained by 8 the department of corrections or a private detention facility is 9 exempt from public inspection and copying under this chapter: 10 (a) Body scanner images from any system designed to detect and 11 visualize contraband hidden in body cavities or beneath clothing, 12 including backscatter X-ray, millimeter wave, and transmission X-ray 13 systems; 14 (b) The following information and records created or maintained 15 pursuant to the federal prison rape elimination act, 34 U.S.C. Sec. 16 30301 et seq., and its regulations: 17 (i) Risk assessments, risk indicators, and monitoring plans; 18 (ii) Reports of sexual abuse or sexual harassment, as defined 19 under 28 C.F.R. 115.6; 20 SECOND SUBSTITUTE HOUSE BILL 1470 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By House Appropriations (originally sponsored by Representatives Ortiz-Self, Chopp, Simmons, Santos, Ryu, Orwall, Chapman, Gregerson, Doglio, Peterson, Ramel, Macri, Ormsby, Berg, Leavitt, Bateman, Morgan, and Fey) READ FIRST TIME 02/24/23. p. 1 2SHB 1470.SL (iii) Records of open prison rape elimination act investigations; 1 and 2 (iv) The identities of individuals other than department of 3 corrections or private detention facility staff, contractors, and 4 volunteers, in closed prison rape elimination act investigation 5 reports and related investigative materials; however, the identity of 6 an accused individual is not exempt if the allegation is determined 7 to have been substantiated; and 8 (c) Health information in records other than an incarcerated 9 individual's or detained individual's medical, mental health, or 10 dental files. 11 (2) The exemption of information or records described under 12 subsection (1)(b) and (c) of this section does not apply to requests 13 by the incarcerated individual or detained individual who is the 14 subject of the information, a requestor with the written permission 15 of the incarcerated individual or detained individual who is the 16 subject of the information, or a personal representative of an 17 incarcerated individual or detained individual who is the subject of 18 the information. In response to such requests, the department of 19 corrections or private detention facility may withhold information 20 revealing the identity of other incarcerated or detained individuals. 21 (3) An agency refusing, in whole or in part, inspection of a 22 public record containing information listed in subsection (1)(c) of 23 this section may cite to subsection (1)(c) of this section, without 24 further explanation, when providing the brief explanation required by 25 RCW 42.56.210(3), and shall also identify the number of pages 26 withheld, if any pages are withheld in their entirety. 27 (4) For purposes of this section: 28 (a) "Health information" means any information that identifies or 29 can readily be associated with the identity of an incarcerated 30 individual or detained individual and directly relates to the 31 following: Medical, mental health, or dental diagnoses or conditions; 32 medical, mental health, or dental services, treatments, or 33 procedures, including requests for or complaints about such services, 34 treatments, or procedures; transgender, intersex, nonbinary, or 35 gender nonconforming status; sexual orientation; genital anatomy; or 36 gender-affirming care or accommodations other than an incarcerated 37 individual's or detained individual's preferred name, pronouns, and 38 gender marker. 39 p. 2 2SHB 1470.SL (b) The following information is not "health information" under 1 this section: (i) Health care information subject to RCW 42.56.360(2) 2 and chapter 70.02 RCW; and (ii) information related to injuries, 3 other than injuries related to medical procedures or genital anatomy, 4 contained in incident reports, infraction records, or use of force 5 reports, prepared by department of corrections or private detention 6 facility staff other than health care providers. 7 (c) "Incarcerated individual" has the same meaning as "inmate" 8 under RCW 72.09.015 and includes currently or formerly incarcerated 9 individuals. 10 (d) "Detained individual" means a person confined in a private 11 detention facility. 12 (e) "Private detention facility" has the same meaning as in RCW 13 70.395.020. 14 (5) A private detention facility operating pursuant to a contract 15 with a state or local agency is subject to the requirements of this 16 chapter. 17 NEW SECTION. Sec. 2. A new section is added to chapter 70.395 18 RCW to read as follows: 19 (1) The department of health shall adopt rules as may be 20 necessary to effectuate the intent and purposes of this section in 21 order to ensure private detention facilities comply with measurable 22 standards providing sanitary, hygienic, and safe conditions for 23 detained persons. The department of health rules shall include that: 24 (a) A detained person should have a safe, clean, and comfortable 25 environment that allows a detained person to use the person's 26 personal belongings to the extent possible; 27 (b) Living areas, including areas used for sleeping, recreation, 28 dining, telecommunications, visitation, and bathrooms, must be 29 cleaned and sanitized regularly; 30 (c) A private detention facility must provide laundry facilities, 31 equipment, handling, and processes for linen and laundered items that 32 are clean and in good repair, adequate to meet the needs of detained 33 persons, and maintained according to the manufacturer's instructions. 34 Laundry and linen must be handled, cleaned, and stored according to 35 acceptable methods of infection control including preventing 36 contamination from other sources. Separate areas for handling clean 37 laundry and soiled laundry must be provided and laundry rooms and 38 areas must be ventilated to the exterior; 39 p. 3 2SHB 1470.SL (d) Basic personal hygiene items must be provided to a detained 1 person regularly at no cost; 2 (e) A private detention facility shall provide a nutritious and 3 balanced diet, including fresh fruits and vegetables, and shall 4 recognize a detained person's need for a special diet. A private 5 detention facility must follow proper food handling and hygiene 6 practices. A private detention facility must provide at least three 7 meals per day, at no cost, and at reasonable hours; 8 (f) Safe indoor air quality must be maintained; 9 (g) The private detention facility must have both heating and air 10 conditioning equipment that can be adjusted by room or area. Rooms 11 used by a detained person must be able to maintain interior 12 temperatures between 65 degrees Fahrenheit and 78 degrees Fahrenheit 13 year-round. Excessive odors and moisture must be prevented in the 14 building; and 15 (h) A private detention facility must implement and maintain an 16 infection control program that prevents the transmission of 17 infections and communicable disease among detained persons, staff, 18 and visitors. 19 (2) The office of the attorney general may enforce violations of 20 this section on its own initiative or in response to complaints or 21 violations. 22 NEW SECTION. Sec. 3. A new section is added to chapter 70.395 23 RCW to read as follows: 24 (1) The department of health shall: 25 (a) Conduct routine, unannounced inspections of private detention 26 facilities including, but not limited to, inspection of food service 27 and food handling, sanitation and hygiene, and nutrition as provided 28 in (c) of this subsection; 29 (b) Conduct investigations of complaints received relating to any 30 private detention facility located within the state; 31 (c) Regularly review the list of food items provided to detained 32 persons to ensure the specific nutrition and calorie needs of each 33 detained person are met, including any needs related to medical 34 requirements, food allergies, or religious dietary restrictions; 35 (d) Test water used for drinking and bathing and air quality 36 every six months at private detention facilities both inside and 37 outside of the facility; and 38 p. 4 2SHB 1470.SL (e) Post inspection results on its website and in a conspicuous 1 place viewable by detained persons and visitors to private detention 2 facilities. Results should be posted in English and in languages 3 spoken by detainees, to the extent practicable. 4 (2) The department of health may delegate food safety inspections 5 to the local health jurisdiction, where the local health jurisdiction 6 is in the county where the private detention facility is located, to 7 conduct inspections pursuant to regulations. 8 (3) The department of health shall adopt rules as may be 9 necessary to effectuate the intent and purposes of this section in 10 order to ensure private detention facilities allow regular 11 inspections and comply with measurable standards providing sanitary, 12 hygienic, and safe conditions for detained persons. 13 (4) The department of labor and industries shall conduct routine, 14 unannounced inspections of workplace conditions at private detention 15 facilities, including work undertaken by detained persons. 16 (5) The office of the attorney general may enforce violations of 17 this section on its own initiative or in response to complaints or 18 violations. 19 NEW SECTION. Sec. 4. A new section is added to chapter 70.395 20 RCW to read as follows: 21 (1) This section does not apply to private detention facilities 22 operating pursuant to a valid contract that was in effect prior to 23 January 1, 2023, for the duration of that contract, not to include 24 any extensions or modifications made to, or authorized by, that 25 contract. 26 (2) A private detention facility operating pursuant to a contract 27 or agreement with a federal, state, or local government shall comply 28 with the following: 29 (a) A detained person, upon admission to a private detention 30 facility, must be issued new clothing and new footwear for both 31 indoor and outdoor use and for protection against cold and heat. 32 Clothing issued must be regularly laundered and replaced at no cost 33 once no longer hygienic or serviceable; 34 (b) Any food items in the commissary must be available at 35 reasonable prices taking into account the income and financial 36 circumstances of detained persons; 37 (c) Telecommunications services must be provided free of charge 38 to detained persons and any communication, whether initiated or 39 p. 5 2SHB 1470.SL received through such a service, must be free of charge to the 1 detained person initiating or receiving the communication. Each 2 detained person must be eligible to use these telecommunications 3 services for at least 60 minutes on each day of the person's 4 detainment. Private detention facilities must not use the provision 5 of telecommunications services or any other communication service to 6 supplant in-person contact visits any detained person may be eligible 7 to receive; 8 (d) In-person visitation must be available daily. Visitation 9 rooms must allow for the presence of children and personal contact 10 between visiting persons and detained persons may not be restricted. 11 A detained person may receive reading and writing materials during 12 visitation; 13 (e) Solitary confinement is prohibited; 14 (f) Televisions must be available and accessible to a detained 15 person at no cost. The private detention facility shall make every 16 effort to make television programming available in the language of 17 the detained person; 18 (g) Handheld radios must be provided to a detained person at no 19 cost; 20 (h) A detained person may invite persons to the private detention 21 facility to provide legal education, know your rights presentations, 22 and other similar programming; 23 (i) Computer and internet access must be available and accessible 24 to a detained person at no cost; 25 (j) A law library must be available and accessible; 26 (k) Communication from the private detention facility to a 27 detained person, either in writing or verbally, must be delivered in 28 the primary language of the detained person; 29 (l) Sexual violence and harassment grievances must be responded 30 to immediately by culturally competent professionals on-site and 31 reported to local law enforcement in the county where the private 32 detention facility is located; 33 (m) Mental health evaluations should occur at intake and 34 periodically, at least once a week. Culturally competent mental 35 health therapy must be available and free; 36 (n) Requested medical care and attention must be provided without 37 delay, including the provision of requested medical accommodations; 38 (o) Rooms used by a detained person for sleeping must have access 39 to windows, natural light, and natural air circulation. Subject to 40 p. 6 2SHB 1470.SL safety limitations, sleeping rooms must include adjustable curtains, 1 shades, blinds, or the equivalent installed at the windows for visual 2 privacy and that are shatterproof, screened, or of the security type 3 as determined by the private detention facility needs; and 4 (p) A private detention facility must be equipped to respond to 5 natural and human-made emergencies, including earthquakes, lahar 6 threats, tsunami, and industrial accidents. A private detention 7 facility must be earthquake resistant. A private detention facility 8 shall develop emergency operation and continuity of operations plans 9 and provide those plans to the local emergency management department. 10 A private detention facility must stock all necessary personal 11 protective equipment in case of disease outbreaks consistent with 12 large numbers of people detained in close contact to one another. 13 (3) The office of the attorney general may enforce violations of 14 this section on its own initiative or in response to complaints or 15 violations. 16 NEW SECTION. Sec. 5. A new section is added to chapter 70.395 17 RCW to read as follows: 18 (1) A detained person aggrieved by a violation of this chapter 19 has a right of action in superior court and may recover for each 20 violation as follows: 21 (a) Against any person who negligently violates a provision of 22 this chapter, $1,000, or actual damages, whichever is greater, for 23 each violation; 24 (b) Against any person who intentionally or recklessly violates a 25 provision of this chapter, $10,000, or actual damages, whichever is 26 greater, for each violation; 27 (c) Reasonable attorneys' fees and costs if the detained person 28 is the prevailing party; and 29 (d) Other relief, including an injunction, as the court may deem 30 appropriate. Injunctive relief may be issued without bond in the 31 discretion of the court, notwithstanding any other requirement 32 imposed by statute. 33 (2) Any action under this chapter is barred unless the action is 34 commenced within three years after the cause of action accrues. 35 (3) For the purposes of this section, "person" means an owner, 36 operator, contractor, subcontractor, or employee of a private 37 detention facility. 38 p. 7 2SHB 1470.SL (4) The state and its agencies are not liable for a violation of 1 this chapter. 2 NEW SECTION. Sec. 6. A new section is added to chapter 70.395 3 RCW to read as follows: 4 (1) Any person who fails to comply with this chapter may be 5 subject to a civil penalty in an amount of not more than $1,000 per 6 violation per day. 7 (2) Subject to the availability of amounts appropriated for this 8 specific purpose, the secretary of the department of health may adopt 9 by rule a penalty matrix that establishes procedures for civil 10 penalties assessed under this chapter. 11 (3) Each violation is a separate and distinct offense. The 12 department of health shall impose the civil penalty in accordance 13 with chapter 34.05 RCW. Moneys collected under this section must be 14 deposited into the state general fund. 15 (4) If the civil penalty is not paid to the department of health 16 within 15 days after receipt of notice, the office of the attorney 17 general may bring an action to recover the penalty in the name of the 18 state of Washington in the superior court of Thurston county or in 19 the county where the private detention facility is located. In all 20 such actions, the procedure and rules of evidence are the same as in 21 ordinary civil actions. All penalties recovered by the attorney 22 general under this chapter must be paid into the Washington state 23 attorney general humane detention account created in section 7 of 24 this act. 25 (5) For the purposes of this section, "person" means an owner, 26 operator, contractor, subcontractor, or employee of a private 27 detention facility. 28 (6) The state and its agencies are not liable for a violation of 29 this chapter. 30 NEW SECTION. Sec. 7. A new section is added to chapter 70.395 31 RCW to read as follows: 32 The Washington state attorney general humane detention account is 33 created in the custody of the state treasurer. All receipts from 34 civil penalties under section 6 of this act must be deposited in the 35 account. Only the attorney general or the attorney general's designee 36 may authorize expenditures from the account. Moneys in the account 37 must be used exclusively for the costs associated with the attorney 38 p. 8 2SHB 1470.SL general's enforcement of the provisions of this chapter governing the 1 recovery of civil penalties. The account is subject to allotment 2 procedures under chapter 43.88 RCW, but an appropriation is not 3 required for expenditures. 4 Sec. 8. RCW 70.395.010 and 2021 c 30 s 1 are each amended to 5 read as follows: 6 (1) The legislature finds that all people confined in prisons and 7 detention facilities in Washington deserve basic health care, 8 nutrition, and safety. As held in United States v. California, 921 9 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority 10 to ensure the health and welfare of inmates and detainees in 11 facilities within its borders." States have broad authority to 12 enforce generally applicable health and safety laws against 13 contractors operating private detention facilities within the state. 14 The ninth circuit reinforced this authority in Geo Group, Inc. v. 15 Newsom, 50 F.4th 745, 750 (9th Cir. 2022), stating "[p]rivate 16 contractors do not stand on the same footing as the federal 17 government, so states can impose many laws on federal contractors 18 that they could not apply to the federal government itself." 19 (2) The legislature finds that profit motives lead private 20 prisons and detention facilities to cut operational costs, including 21 the provision of food, health care, and rehabilitative services, 22 because their primary fiduciary duty is to maximize shareholder 23 profits. This is in stark contrast to the interests of the state to 24 ensure the health, safety, and welfare of Washingtonians, including 25 all inmates and detainees within Washington's borders. 26 (3) The legislature finds that people confined in for-profit 27 prisons and detention facilities have experienced abuses and have 28 been confined in dangerous and unsanitary conditions. Safety risks 29 and abuses in private prisons and detention facilities at the local, 30 state, and federal level have been consistently and repeatedly 31 documented. The United States department of justice office of the 32 inspector general found in 2016 that privately operated prisons 33 "incurred more safety and security incidents per capita than 34 comparable BOP [federal bureau of prisons] institutions." The office 35 of inspector general additionally found that privately operated 36 prisons had (("higher rates of inmate-on-inmate and inmate-on-staff 37 assaults, as well as)) higher rates of staff uses of force and that 38 people detained in private prisons submitted more safety and security 39 p. 9 2SHB 1470.SL related grievances, including those regarding the quality of food. 1 ((")) 2 (4) The legislature finds that private prison operators have cut 3 costs by reducing essential security and health care staffing. The 4 sentencing project, a national research and advocacy organization, 5 found in 2012 that private prison staff earn an average of five 6 thousand dollars less than staff at publicly run facilities and 7 receive almost 60 hours less training. The office of inspector 8 general also found that people confined in private facilities often 9 failed to receive necessary medical care and that one private prison 10 went without a full-time physician for eight months. People confined 11 within private detention facilities are subjected to prolonged 12 periods of confinement, inadequate nutrition, medical and mental 13 health access issues, and arbitrary and improper visitation and 14 communication restrictions. In 2018, the sentencing project, a 15 national research and advocacy organization, found that private 16 prisons offer lower quality services and have higher staff turnover 17 rates compared to publicly operated facilities. The office of 18 inspector general also found that people confined in private 19 facilities often failed to receive necessary medical care. 20 (5) The legislature finds that private prisons and detention 21 centers are less accountable for what happens inside those facilities 22 than state-run facilities, as they are not subject to the freedom of 23 information act under 5 U.S.C. Sec. 552 or the Washington public 24 records act under chapter 42.56 RCW. 25 (6) The legislature finds that at least 22 other states have 26 stopped confining people in private for-profit facilities. 27 (7) Therefore, it is the intent of the legislature to prohibit 28 the use of private, for-profit prisons and detention facilities in 29 the state, and to set minimum standards for the conditions of 30 confinement within private detention facilities in the state and to 31 require the inspection and review of those facilities by appropriate 32 state or local agencies to ensure public health and safety. 33 Sec. 9. RCW 70.395.020 and 2021 c 30 s 2 are each amended to 34 read as follows: 35 The definitions in this section apply throughout this chapter 36 unless the context clearly requires otherwise. 37 (1) "Basic personal hygiene items" means items used to promote or 38 preserve a detained person's health and contribute to the prevention 39 p. 10 2SHB 1470.SL of disease or infection, including soap, toothbrush and toothpaste, 1 shampoo and conditioner, lotion, nail clippers, comb, towels, and 2 menstrual products. 3 (2) "Culturally competent" includes: Knowledge of a detained 4 person's cultural histories and contexts, as well as family norms and 5 values in different cultures; knowledge and skills in accessing 6 community resources and community outreach; and skills in adapting 7 services and treatment to a detained person's experiences and 8 identifying cultural contexts for individuals. 9 (3) "Detained person" means a person confined in a private 10 detention facility. 11 (4) "Detention facility" means any facility in which persons are 12 incarcerated or otherwise involuntarily confined for purposes 13 including prior to trial or sentencing, fulfilling the terms of a 14 sentence imposed by a court, or for other judicial or administrative 15 processes or proceedings. 16 (((2))) (5) "Fresh fruits and vegetables" means any unprocessed 17 fruits or vegetables, not including any processed, canned, frozen, or 18 dehydrated fruits or vegetables, or any fruits or vegetables infected 19 or infested with insects or other contaminants. 20 (6)(a) "Personal protective equipment" means equipment worn to 21 minimize exposure to hazards that cause serious injuries and illness, 22 which may result from contact with chemical, radiological, physical, 23 electrical, mechanical, or other hazards. 24 (b) Personal protective equipment may include items such as 25 gloves, safety glasses and shoes, earplugs or muffs, hard hats, 26 respirators, or coveralls, vests, and full body suits. 27 (7) "Private detention facility" means a detention facility that 28 is operated by a private, nongovernmental for-profit entity and 29 operating pursuant to a contract or agreement with a federal, state, 30 or local governmental entity. 31 (8) "Solitary confinement" means the confinement of a detained 32 person alone in a cell or similarly confined holding or living space 33 for 20 hours or more per day under circumstances other than a partial 34 or facility wide lockdown. 35 (9) "Telecommunications services" means phone calls or other 36 voice communication services, video communications, and email 37 services. 38 p. 11 2SHB 1470.SL NEW SECTION. Sec. 10. Sections 2 through 6 of this act do not 1 apply to a facility that is: 2 (1) Providing rehabilitative, counseling, treatment, mental 3 health, educational, or medical services to juveniles who are subject 4 to Title 13 RCW, or similarly applicable federal law; 5 (2) Providing evaluation and treatment or forensic services to a 6 person who has been civilly detained or is subject to an order of 7 commitment by a court pursuant to chapter 10.77, 71.05, 71.09, or 8 71.34 RCW, or similarly applicable federal law, including facilities 9 regulated under chapters 70.41, 71.12, and 71.24 RCW; 10 (3) Used for the quarantine or isolation of persons for public 11 health reasons pursuant to RCW 43.20.050, or similarly applicable 12 federal law; 13 (4) Used for work release under chapter 72.65 RCW, or similarly 14 applicable federal law; 15 (5) Used for extraordinary medical placement; 16 (6) Used for residential substance use disorder treatment; or 17 (7) Owned and operated by federally recognized tribes and 18 contracting with a government. 19 NEW SECTION. Sec. 11. This act is necessary for the immediate 20 preservation of the public peace, health, or safety, or support of 21 the state government and its existing public institutions, and takes 22 effect immediately. 23 NEW SECTION. Sec. 12. This act shall be construed liberally for 24 the accomplishment of the purposes thereof. 25 NEW SECTION. Sec. 13. If any provision of this act or its 26 application to any person or circumstance is held invalid, the 27 remainder of the act or the application of the provision to other 28 persons or circumstances is not affected. 29 NEW SECTION. Sec. 14. If specific funding for the purposes of 30 this act, referencing this act by bill or chapter number, is not 31 provided by June 30, 2023, in the omnibus appropriations act, this 32 act is null and void. 33 Passed by the House April 21, 2023. Passed by the Senate April 11, 2023. Approved by the Governor May 11, 2023. p. 12 2SHB 1470.SL Filed in Office of Secretary of State May 11, 2023. --- END --- p. 13 2SHB 1470.SL