SB 5005 — Concerning transparency, public safety, and independent oversight of the city, county, and regional jail system in Washington state.

COUNCILADVISORY DIRECTOR.COUNCILS.

(1)The Subjectboard tohas the availabilitypower of funds appropriated for this specific purpose, the governor shall appoint a full-time director from a list of no fewer than three nominees submitted by the council unless the governor declines to selectcreate anysuch ofadvisory thecouncils candidatesas, provided, in whichits casejudgment, thewill governoradvise mayand requestsupport additional candidates from the councilwork orof suggest candidates to the councilboard. for consideration.

Such a council or councils may include currently and formerly incarcerated individuals and their families, jail administrators of urban and rural jails from east and west of the crest of the Cascade mountains, jail employees, individuals from a historically underrepresented community or communities, representatives from law enforcement, advocates for a more rehabilitative and therapeutic jail system, victims' advocates, prosecutors, defense attorneys, judicial officers, and others involved with or interested in the operation of local jails.

NEW SECTION.

Sec.

6.

COMPENSATION AND REIMBURSEMENT FOR BOARD AND ADVISORY COUNCILMEMBERS.

(1) Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

(2) Members of any advisory council appointed by the board shall be compensated in accordance with RCW 43.03.220 and shall be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.

Sec.

7.

BOARD DIRECTOR.

(1) Subject to the availability of funds appropriated for this specific purpose, the governor shall appoint a full-time director from a list of no fewer than three nominees submitted by the board unless the governor p.

4 SB 5005 declines to select any of the candidates provided, in which case the governor may request additional candidates from the board or suggest candidates to the board for consideration.

(4) The director reports directly to the council.board.

5.8.

POWERS AND DUTIES OF THE COUNCIL.BOARD.

(1) The councilboard shall meet not less than once each quarter to make p.recommendations, receive reports from the director, and transact business properly brought before the board.

3(2) SSBThe 5005board recommendations,or receiveits reportsstaff fromshall: the director, and transact business properly brought before the council.

(2)(a) TheEstablish councilpriorities orfor itsuse staffof shall:the limited resources available to the board;

(a) Establish priorities for use of the limited resources available to the council;

(c) Collect,Administer analyze,a andstatewide reportuniform informationjail relatingreporting tosystem for the operationcollection and conditionsreporting of Washingtoninformation relating to jails;

(d) DevelopMaintain a database that is publicly searchable, machine readable, exportable, and administeraccompanied by a surveycomplete plain language dictionary of jailsinformation atmaintained leastin annually;the statewide uniform jail reporting system;

(e) Monitor jailseach jail in Washington state forat complianceleast withonce theirevery ownthree jailyears policies,to standards,monitor rules,and orreport procedures,on andjail whethercompliance thosewith policieslocal complystandards withand applicable federal,state state,and federal legal and localconstitutional laws,requirements, rules, regulations, policies, and policiesbest aspractices related to the health, safety, welfare, and welfarereentry of incarcerated individualsindividuals; and staff;

(f) Write and publish reports thatwithin shalltwo includemonths nonidentifiableof casesuch studiesmonitoring orvisits otherthat informationshall necessaryinclude tononidentifiable supportcase anystudies findings and any written response from a jail administrator or theirp. designee to such reports;

5 SB 5005 other information necessary to support any findings and any written response from a jail administrator or their designee to such reports;

(h) Investigate and report on specific and systemic issues relating to jails including issues and trends identified through monitoring, complaints, fatality reviews, and the statewide uniform jail survey;reporting system;

and (m) Submit an annual report to the governor and the legislature, in compliance with RCW 43.01.036, that includes a statement of actions taken by the councilboard for the preceding year, and p.recommendations for any statutory changes that the board deems necessary or desirable to accomplish the purposes of this chapter.

4(3) SSBThe 5005board recommendationsis fornot anyrequired statutoryto changesinvestigate thatcomplaints theor councilnotify deemscomplainants necessaryof decisions or desirableactions totaken accomplishin theresponse purposesto ofa thiscomplaint. chapter.

(3)This Thechapter councildoes is not requiredrequire incarcerated individuals to investigatefile complaintsa orcomplaint notifywith complainantsthe ofboard decisionsin ororder actionsto takenexhaust inavailable responseremedies tofor athe complaint.purpose of the prison litigation reform act of 1995, P.L.

This chapter does not require incarcerated individuals to file a complaint with the council in order to exhaust available remedies for the purpose of the prison litigation reform act of 1995, P.L.

(4) Any investigations conducted by the council should not interfere with or impede an ongoing criminal investigation being conducted by a law enforcement agency.

6.9.

STATEWIDE UNIFORM JAIL REPORTING SYSTEM.

(1) The board shall develop and administer a statewide uniform jail reporting system for the reporting and dissemination of jail data.

Such data may include but is not limited to information relating to:

Medical, mental health, or dental care;

operational policies;

population trends and capacity;

commissary, visitation, or telecommunications;

discipline;

grievance procedures;

use of force and assault incidents;

deaths in custody;

self-harm and suicidality;

p.

6 SB 5005 staffing, training, or supervision;

programming and reentry services;

substance use disorder services;

restrictive housing;

and incidents of sexual assault and harassment.

(2) The board shall consult with interested stakeholders including jail administrators and organizations representing jail employees to develop the uniform jail reporting system.

(3) The board may, consistent with its general authority and this chapter, provide assistance to jail administrators to develop new sources of data and to compile and effectively report data.

(4) The board may collaborate, consult, or contract with outside entities in implementing the uniform jail reporting system.

NEW SECTION.

Sec.

10.

and (d) The right to access, inspect, and copy any information, records, or documents in the possession or control of jail administratorsadministrators, their agents, or theira agentsstate or local government agency that the councilboard considers necessary to carry out its purpose or to support its recommendations.

(2) Following a written demand from the director or the director's designees for access to information, records, or documents, the jail must provide the information not later than 20 p.

57 SSBSB 5005 documents, the entity from whom information is requested must provide the information not later than 20 business days after the written demand.

Where information pertains to a death, threats of bodily harm including, but not limited to, sexual or physical assaults, or the denial of necessary medical treatment, the information shall be provided within five days,days. unless the council consents to an extension of time.

(3) UponA noticejail andadministrator aor requesttheir bydesignee theshall council,provide a statewritten orresponse local government agency or entity that has records that are relevant to a complaintmonitoring orreport anissued investigation conducted by the councilboard mustwithin provideone themonth councilof withreceiving accessthe toreport. such records.

(4) A jail administrator or their designee shall provide aaccurate, writtencomplete, responseand totimely ainformation monitoringand reportdata issuedfor by the counciluniform withinjail onereporting monthsystem. of receiving the report.

(5) A jail administrator or their designee shall provide accurate, complete, and timely information and data for the jail survey in section 5 of this act.

7.11.

(1) The councilboard is a "health oversight agency" so that the federal health insurance portability and accountability act and chapter 70.02 RCW do not preclude jails, health care providers, or others from providing the information required by this section when requested by the councilboard and, pursuant to these laws, jails, health care providers, and others are not required to seek or obtain consent from incarcerated individuals prior to providing the information required by this section in accordance with the requirements of this section.

(2) The information required by this section, when provided by a jail, health care provider, or other entity, becomes property of the councilboard and is subject to all state and federal laws governing the confidentiality and disclosure of the files, records, and information maintained by the council.board.

Information in the possession of the councilboard shall be protected or disclosed according to state and federal law to the same extent as is required of the entity from whom the files, records, or information was received, including jails and providers of medical, mental health, and behavioral health services except as provided in this section.

(3) The councilboard shall maintain the confidentiality of all matters under investigation, complaints, and the identities of complainants, informants, or witnesses except so far as disclosures may be determined necessary by the director or their designees to enable the councilboard to carry out its duties or to support its recommendations.

Such information shall be exempt from public disclosure under chapter 42.56 RCW.

68 SSBSB 5005 Such(4) informationNeither shallthe board or an employee of the board may be exemptcompelled, fromin publicany disclosurejudicial underor chapteradministrative 42.56proceeding, RCW.to testify or to produce evidence regarding the exercise of the official duties of the board or its employees.

(4)All Neitherrelated thememoranda, councilwork orproduct, annotes, employeeand case files of the councilboard mayare beconfidential, compelled,are innot anysubject to discovery, judicial or administrative proceeding,subpoena, to testify or toother producemethod evidenceof regardinglegal thecompulsion, exerciseand ofare thenot officialadmissible dutiesin ofevidence thein councila judicial or itsadministrative employees.proceeding.

All(5) relatedNothing memoranda,in workthis product,section notes,shall andprevent case files of the councilboard arefrom confidential,publishing area notreport subject to discovery, judicial or administrativedatabase subpoena,which ormaintains otherthe methodconfidentiality of legalthe compulsion,identities andof areincarcerated notindividuals. admissible in evidence in a judicial or administrative proceeding.

(5)(6) Nothing in this section shall prevent the councilboard from publishingreporting athe reportresults orof databasean investigation which maintains the confidentiality of the identities of incarcerated individuals.individuals to responsible investigative or enforcement agencies should an investigation reveal information concerning a jail, its staff, or agents warranting possible sanctions or corrective action.

(6) Nothing in this section shall prevent the council from reporting the results of an investigation which maintains the confidentiality of the identities of incarcerated individuals to responsible investigative or enforcement agencies should an investigation reveal information concerning a jail, its staff, or agents warranting possible sanctions or corrective action.

(7) The director or their designee must contact the jail employee and the bargaining unit representative before reporting the results of an investigation that reveals information warranting possible sanctions or corrective action about a jail employee.

8.12.

(1) A civil action may not be brought against any employee of the councilboard for good faith performance of responsibilities under this chapter.

(3) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the board in good faith.

79 SSBSB 5005 (3)(4) EveryThis individual,section legalis entity,not andintended agencyto ofinfringe federal,on state,the orrights localof governmentan isemployer immuneto fromsupervise, civildiscipline, liability,or whetherterminate directan oremployee derivative, for providingother informationreasons. to the council in good faith.

(4) This section is not intended to infringe on the rights of an employer to supervise, discipline, or terminate an employee for other reasons.

9.13.

The team shall comprise of the director of the Washington jail counciloversight board or their designee in accordance with section 58 of this act and individuals with appropriate expertise including, but not limited to, individuals whose professional expertise is pertinent to the dynamics of the case.

Reports must be distributed to the governing unit with primary responsibility for the operation of the jail and appropriate committees of the legislature, and the department((department of healthhealth)) jail oversight board shall create a public website where all unexpected fatality review reports required under p.this section must be posted and maintained.

8An SSBunexpected 5005fatality review report completed pursuant to this section is subject to public disclosure and must be posted andon maintained.the p.

An10 unexpectedSB fatality5005 review((department reportof completedhealth)) pursuantjail tooversight thisboard section is subject to public disclosure and must be posted on the department of health public website, except that confidential information may be redacted by the city or county department of corrections or chief law enforcement officer consistent with the requirements of applicable state and federal laws.

A person is not unavailable as a witness merely because the person has been interviewed by, or has provided a statement for, an unexpected fatality review, but if the person is called as a witness, the person may not be examined regarding the p.

911 SSBSB 5005 because the person has been interviewed by, or has provided a statement for, an unexpected fatality review, but if the person is called as a witness, the person may not be examined regarding the person's interactions with the unexpected fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review.

p.NEW SECTION.

10 SSB 5005 NEW SECTION.

10.14.

Sections 1 through 812 of this act constitute a new chapter in Title 43 RCW.

1112 SSBSB 5005