SB 5388 — Concerning department of corrections behavioral health certification.

S-1998.1S-0694.1 SUBSTITUTE SENATE BILL 5388 State of Washington 69th Legislature 2025 Regular Session By Senate Ways & Means (originally sponsored by Senators Dhingra, Nobles, Saldaña, Trudeau, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/28/25.01/21/25.

Referred to Committee on Human Services.

adding a new section to chapter 72.09 RCW;

As part of that legislation, revisions were made to RCW 9.94A.662 to state that substance use disorder treatment services provided in prisons be licensed by the department of health.

AsThe alegislature result,finds underthat RCWprior 71.24.037,to this time, the department of social and health isservices alsoconducted requiredoversight toof licensethe mentaldepartment of corrections behavioral health servicescertification providedservices, inand prisons.that the department of health has interpreted Second Substitute Senate Bill No.

The6211 legislatureto findsrequire thatlicensure prior to thestandards passingabove ofand Secondbeyond Substitutethose Senatepreviously Billrequired. No.

6211The inlegislature 2020,finds thethat departmentaccomplishing ofthis socialwould andrequire healthsignificant servicesnew createdresources. the department of corrections substance use disorder treatment services in collaboration with the department of corrections.

ItThe islegislature thefurther intentfinds ofthat thenational legislaturestandards tocould requirebe theimplemented departmentin lieu of health to monitor the provisiondepartment of behavioral health serviceslicensing tofor individualssignificant infiscal correctionalsavings facilitieswithout basedcompromising on standards jointly established by the departmentquality of healthservices andprovided. the department of p.

1The SSBlegislature 5388therefore corrections.resolves to direct the p.

Monitoring1 shallSB be5388 donedepartment inof lieucorrections ofto licensureadopt bycertification standards from the departmentnational ofcommission health.on correctional health care.

(b)Subject Whento applicableappropriations, forthe casesdepartment involvingof domesticcorrections violence,shall domesticseek violenceaccreditation treatmentthrough mustthe benational providedcommission byof acorrectional state-certifiedhealth domesticcare violencestandards treatmentby providerJuly pursuant1, to2028. RCW 43.20A.735 during the term of community custody.

(4)(b) IfWhen theapplicable departmentfor findscases thatinvolving conditionsdomestic ofviolence, communitydomestic custodyviolence havetreatment beenmust willfullybe violated,provided theby ((offender))a individualstate-certified may be p.

2 SSBSB 5388 reclassifieddomestic toviolence servetreatment theprovider remainingpursuant balanceto ofRCW 43.20A.735 during the originalterm sentence.of community custody.

(4) If the department finds that conditions of community custody have been willfully violated, the ((offender)) individual may be reclassified to serve the remaining balance of the original sentence.

NEW SECTION.

Sec.

3.

A new section is added to chapter 72.09 RCW to read as follows:

(1) By July 1, 2026, the department and the department of health shall jointly establish and adopt standards for the provision of behavioral health services to individuals in correctional facilities.

(2) Beginning July 1, 2027, the department shall fully implement the standards adopted under this section when providing behavioral health services to individuals in correctional facilities.

(3) Beginning July 1, 2027, the department of health shall conduct annual inspections to determine compliance by the department with the standards adopted under this section.

The department of health shall issue a report documenting any instances of noncompliance to the department.

The department shall submit a corrective plan of action to the department of health within 45 days of the presentation of the report for feedback from the department of health on how the department proposes to resolve the noncompliance.

The department of health may provide technical assistance to the department with complying with the standards adopted under this section.

(4) By July 1, 2027, the department and the department of health shall enter into an agreement, to be renewed biennially, that shall include, but not be limited to, the following provisions:

(a) The process for the department of health to conduct the annual inspections required under this section;

and p.

3 SSB 5388 (b) Reimbursement to the department of health by the department for costs related to providing technical assistance and conducting the annual inspections required under this section.

(5) By July 20, 2030, and every four years thereafter, the department and the department of health shall jointly review and update the standards adopted under this section as necessary.

(6) The department shall reimburse the department of health for costs related to providing technical assistance and conducting the annual inspections required under this section.

(7) For purposes of this section, "behavioral health services" has the same meaning as provided in RCW 71.24.025.

43 SSBSB 5388