Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.395.010 Findings—Intent.
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(1) The legislature finds that all people confined in prisons and detention facilities in Washington deserve basic health care, nutrition, and safety. As held in United States v. California, 921 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority to ensure the he…
RCW 70.395.020 Definitions.
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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:…
RCW 70.395.030 Prohibition on private incarceration.
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(1) Except as provided in subsections (2) and (3) of this section, no person, business, or state or local governmental entity shall operate a private detention facility within the state or utilize a contract with a private detention facility within the state. No state or local go…
RCW 70.395.040 Standards for sanitation, hygiene, and safety—Enforcement.
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(1) The department of health shall adopt rules as may be necessary to effectuate the intent and purposes of this section in order to ensure private detention facilities comply with measurable standards providing sanitary, hygienic, and safe conditions for detained persons. The de…
RCW 70.395.050 Inspections—Delegation—Rules—Enforcement.
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(1) The department of health may at any time inspect a private detention facility to determine whether it has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, or other applicable state or federal statutes or rul…
RCW 70.395.055 Inspections—Findings of noncompliance—Penalties.
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In any case in which the department of health conducts an inspection of a private detention facility and finds that the private detention facility has failed or refused to comply with applicable state statutes or regulations, the department of health may take one or more of the f…
RCW 70.395.058 Inspections—Publishing results.
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As resources allow, the department of health shall make private detention facility inspection statements of deficiencies, plans of correction, notice of acceptance of plans of correction, enforcement actions, and notices of resolution available to the public on the internet.[ 202…
RCW 70.395.060 Requirements.
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(1) This section does not apply to private detention facilities operating pursuant to a valid contract that was in effect prior to January 1, 2023, for the duration of that contract, not to include any extensions or modifications made to, or authorized by, that contract.(2) A pri…
RCW 70.395.070 Violations—Rights of action.
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(1) A detained person aggrieved by a violation of this chapter has a right of action in superior court and may recover for each violation as follows:(a) Against any person who negligently violates a provision of this chapter, $1,000, or actual damages, whichever is greater, for e…
RCW 70.395.080 Violations—Civil penalties.
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(1) Any person who fails to comply with this chapter may be subject to a civil penalty in an amount of not more than $1,000 per violation per day.(2) Subject to the availability of amounts appropriated for this specific purpose, the secretary of the department of health may adopt…
RCW 70.395.090 Attorney general humane detention account.
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The Washington state attorney general humane detention account is created in the custody of the state treasurer. All receipts from civil penalties under RCW 70.395.080 must be deposited in the account. Only the attorney general or the attorney general's designee may authorize exp…
RCW 70.395.100 Facilities excluded.
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RCW 70.395.040 through 70.395.080 do not apply to a private detention facility that is:(1) Providing counseling, treatment, mental health, educational, or medical services to juveniles under chapter 74.15 RCW;(2) Providing evaluation and treatment or forensic services to a person…
RCW 70.395.900 Construction—2021 c 30.
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Chapter 30, Laws of 2021 shall be construed liberally for the accomplishment of the purposes thereof.[ 2021 c 30 s 4.]
RCW 70.395.901 Effective date—2021 c 30.
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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 [April 14, 2021].[ 2021 c 30 s 5.]