Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abuse" means an act by any individual which injures, exploits, or in any way jeopardizes a detained person's health, welfare, or safety, including, but not limited to:(a) Physically damaging or potentially damaging nonaccidental acts;(b) Emotionally damaging verbal behavior and harassment or other actions which may result in emotional or behavioral problems; and(c) Sexual abuse, exploitation, and mistreatment through inappropriate touching, inappropriate remarks, or encouraging participation in pornography or prostitution.(2) "Detained person" means a person confined in a private detention facility.(3) "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.(4) "Dietitian" means an individual certified under chapter 18.138 RCW.(5) "Neglect" means conduct which results in deprivation of care necessary to maintain a detained person's minimum physical and mental health including, but not limited to:(a) Physical and material deprivation;(b) Lack of medical care;(c) Inadequate food, clothing or cleanliness;(d) Refusal to acknowledge, hear, or consider a detained person's concerns;(e) Lack of social interaction and physical activity;(f) Lack of personal care; and(g) Lack of supervision appropriate for the detained person's level of functioning.(6) "Private detention facility" means a detention facility that is operated by a private, nongovernmental entity and operating pursuant to a contract or agreement with a federal, state, or local governmental entity.[ 2025 c 235 s 1; 2023 c 419 s 9; 2021 c 30 s 2.]Notes:Effective date—2025 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2025]." [ 2025 c 235 s 8.]Construction—2025 c 235: "This act shall be construed liberally to effectuate its purposes." [ 2025 c 235 s 10.]Effective date—Construction—2023 c 419: See notes following RCW 42.56.475.