SB 5895 — Providing an alternative condition for extraordinary medical placement for incarcerated individuals.

S-4116.1S-3609.1 SUBSTITUTE SENATE BILL 5895 State of Washington 69th Legislature 2026 Regular Session By Senate Human Services (originally sponsored by Senators Saldaña, Hasegawa, Nobles, and C.

Wilson)Wilson READPrefiled FIRST12/16/25. TIME 01/21/26.

Read first time 01/12/26.

Referred to Committee on Human Services.

1 SSBSB 5895 (A) The incarcerated individual has been assessed by two physicians and is determined to be one of the following:

(I) Affected by a serious and chronic permanent or degenerative medical condition ((toto such a degree that the individual does not presently, and likely will not in the future, pose a threat to public safety))safety; that substantially limits the incarcerated person's ability to care for themself in total confinement;

or((or)) (II) In ill health and is expected to die within ((six))six approximately 18 months and does not presently, and likely will not in the future, pose a threat to public safety;

(B)or The(III) incarceratedDiagnosed individualwith, hasand beenis assessedaffected asby, lowa riskserious medical condition to thesuch communitya atdegree that the timeindividual's ofbasic ((release))medical placement,care usingneeds riskcannot factorsbe includingmet or delivered by the individual'sdepartment institutionalor history,its programmingcontractors history,as andmandated Washingtonby onethe score;federal Constitution, the state Constitution, and RCW 72.10.005;

(B) The incarcerated individual has been assessed as low risk to the community at the time of release;

(ii) An incarcerated individual sentenced to death or to life imprisonment without the possibility of release or parole or sentenced as a persistent offender is not eligible for an extraordinary medical placement.

(iii) PhysiciansThe aresecretary responsibleshall require electronic monitoring for diagnosingall anindividuals incarceratedin individual'sextraordinary illnessmedical andplacement unless the appropriateelectronic departmentmonitoring equipment is detrimental to the individual's health, interferes with the function of correctionsthe personnelindividual's aremedical responsibleequipment, or results in the loss of funding for assessingthe anyindividual's riskmedical level.care, in which case, an alternative type of monitoring shall be utilized.

(iv) If an incarcerated individual seeks an extraordinary medical placement and is denied, the department shall provide a written and individualized explanation for the denial.

The incarcerated individual may seek review of the decision from the office of corrections ombuds.

(v) The secretary shall require electronic monitoring for all individuals in extraordinary medical placement unless the electronic 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, in which case, an alternative type of monitoring shall be utilized.

(((iv)))(iv) (vi) The secretary may revoke an extraordinary medical placement under this subsection (1)(c) at any time((.time.

(v) Persistent offenders are not eligible for extraordinary medical placement));placement;

p.(d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release:

2 SSB 5895 (d) The governor, upon recommendation from the clemency and pardons board, may grant an extraordinary release:

(e) No more than the final 18 months of the incarcerated individual's term of confinement may be served in partial confinement forp. aiding the incarcerated individual with:

2 SB 5895 for aiding the incarcerated individual with:

and p.(k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730.

3 SSB 5895 (k) Any individual convicted of one or more crimes committed prior to the individual's 18th birthday may be released from confinement pursuant to RCW 9.94A.730.

25, 2021), may be released from confinement pursuant to a court order if the incarcerated individual has already served a period of confinement that exceeds his or her new standard range.p.

3 SB 5895 range.

(4) For the purposes of this section, "basic medical care needs" means 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.

4 SSBSB 5895