wa-law.org > bill > 2025-26 > HB 1396 > Original Bill

HB 1396 - Office of corrections ombuds ¶

Section 1 ¶

The legislature created the office of the corrections ombuds to serve as an independent and impartial entity to provide oversight, monitoring, and investigation into issues arising within the state's prisons. It was also created to help strengthen procedures and practices that promote the health, safety, welfare, and rehabilitation of incarcerated individuals and reduce the exposure of the department of corrections to litigation. To ensure that the office's work remains focused on addressing the needs of currently incarcerated people, the legislature hereby creates an advisory council composed of community stakeholders, including current and formerly incarcerated people, to provide advice and feedback to the ombuds.

Section 2 ¶

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1. By December 1, 2025, and subject to the availability of amounts appropriated for this specific purpose, the governor shall convene an ombuds advisory council with several purposes in support of the ombuds function. The council shall help the ombuds establish its priorities pursuant to section 3 of this act and will provide input on priorities to the ombuds annually. The council shall receive briefings or reports from the ombuds relating to deidentified data, trends, and other relevant issues, and make recommendations to the ombuds. The council does not participate in any ombuds investigations and is not authorized to receive records that are confidential pursuant to RCW 43.06C.060 and 43.06C.080.
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  1. The council may issue its own annual public report with recommendations for the ombuds regarding its policies relating to advocacy on behalf of the incarcerated population as well as its priorities for larger investigations and reports.
  2. The council may solicit feedback directly from incarcerated individuals about the ombuds office.
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1. The governor shall appoint the members of the council. The ombuds and the state office of equity established in RCW 43.06D.020 may provide the governor recommendations for appointment to the council. The governor may consider these recommendations when making appointments. The council shall consist of the following 11 members:
  1. One person currently incarcerated in medium or close custody at the department of corrections men's division;
  2. One person currently incarcerated in medium or close custody at the department of corrections women's division;
  3. One person currently incarcerated at the department of corrections who was sentenced to a term of life imprisonment;
  4. Two persons who were formerly incarcerated in medium or close custody at the department of corrections;
2. Two family members of persons who are currently or were formerly incarcerated at the department of corrections;
1. A community member with knowledge and experience in issues related to racial, ethnic, or religious diversity within the department of corrections correctional system;
2. A community member with knowledge and experience in the accommodation needs of individuals with disabilities;
3. A community member with a gender responsive background; and
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 ix. A licensed health care provider, who preferably has knowledge and experience in behavioral health care.
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1. In appointing persons to serve on the council, the governor shall strive to reflect the racial and ethnic makeup of persons incarcerated at the department of corrections.
After the full membership is attained, vacancies on the council shall be filled in the same manner as the original appointments.
Councilmembers serve a term of two years, except that the council shall create and implement a system of staggered terms, and no member may serve more than two consecutive terms. The council will designate two cochairs by vote, and one must be currently or formerly incarcerated.
Eligible members of the council, including persons currently incarcerated, shall receive stipends according to RCW 43.03.220. The department of corrections shall work with the office of the corrections ombuds to develop a process where currently incarcerated and eligible councilmembers may be paid stipends for their participation.
The council shall convene at least quarterly.
The council is subject to the open public meetings act, chapter 42.30 RCW.
Councilmembers shall complete training to utilize an antiracist lens in their duties as councilmembers.

Section 3 ¶

The ombuds shall:
1. Establish priorities in consultation with the advisory council created in section 2 of this act for use of the limited resources available to the ombuds;
2. Maintain a statewide toll-free telephone number, a collect telephone number, a website, and a mailing address for the receipt of complaints and inquiries;
3. Provide information, as appropriate, to incarcerated individuals, family members, representatives of incarcerated individuals, department employees, and others regarding the rights of incarcerated individuals;
4. Provide incarcerated individuals, family members, representatives of incarcerated individuals, department employees, members of the advisory council established in section 2 of this act, and others the opportunity to comment on ombuds services;
5. Provide technical assistance to support the participation of incarcerated individuals in their self-advocacy;
6. Monitor department compliance with applicable federal, state, and local laws, rules, regulations, and policies as related to the health, safety, welfare, and rehabilitation of incarcerated individuals;
7. Monitor and participate in legislative and policy developments affecting correctional facilities;
8. Establish a statewide uniform reporting system to collect and analyze data related to complaints received by the ombuds regarding the department;
  1. Establish procedures to receive, investigate, and resolve complaints;
9. Establish procedures to gather and meaningfully engage with stakeholder input into the ombuds' activities and priorities, which must include at a minimum quarterly public meetings where members of the public may provide public comment;
10. Submit annually to the governor's office, the legislature, and the statewide family council, by November 1st of each year, a report that includes, at a minimum, the following information:
  1. The budget and expenditures of the ombuds;
  2. The number of complaints received and resolved by the ombuds;
  3. A description of significant systemic or individual investigations or outcomes achieved by the ombuds during the prior year;
  4. Any outstanding or unresolved concerns or recommendations of the ombuds; and
11. Input and comments from stakeholders, including the statewide family council, regarding the ombuds' activities during the prior year; and
12. Adopt and comply with rules, policies, and procedures necessary to implement this chapter.
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1. The ombuds may initiate and attempt to resolve an investigation upon his or her own initiative, or upon receipt of a complaint from an incarcerated individual, a family member, a representative of an incarcerated individual, a department employee, or others, regarding any of the following that may adversely affect the health, safety, welfare, and rights of incarcerated individuals:
  1. Abuse or neglect;
  2. Department decisions or administrative actions;
  3. Inactions or omissions;
  4. Policies, rules, or procedures; or
2. Alleged violations of law by the department that may adversely affect the health, safety, welfare, and rights of incarcerated individuals.
3. Prior to filing a complaint with the ombuds, a person shall have reasonably pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures with the department. However, in no event may an incarcerated individual be prevented from filing a complaint more than 90 business days after filing an internal grievance, regardless of whether the department has completed the grievance process. This subsection (2)(b) does not apply to complaints related to threats of bodily harm including, but not limited to, sexual or physical assaults or the denial of necessary medical treatment.
4. The ombuds may decline to investigate any complaint as provided by the rules adopted under this chapter.
5. If the ombuds does not investigate a complaint, the ombuds shall notify the complainant of the decision not to investigate and the reasons for the decision.
6. The ombuds may not investigate any complaints relating to an incarcerated individual's underlying criminal conviction.
7. The ombuds may not investigate a complaint from a department employee that relates to the employee's employment relationship with the department or the administration of the department, unless the complaint is related to the health, safety, welfare, and rehabilitation of incarcerated individuals.
8. The ombuds must attempt to resolve any complaint at the lowest possible level.
9. The ombuds may refer complainants and others to appropriate resources, agencies, or departments.
  1. The ombuds may not levy any fees for the submission or investigation of complaints.
10. The ombuds must remain neutral and impartial and may not act as an advocate for the complainant or for the department.
11. At the conclusion of an investigation of a complaint, the ombuds must render a public decision on the merits of each complaint, except that the documents supporting the decision are subject to the confidentiality provisions of RCW 43.06C.060. The ombuds must communicate the decision to the incarcerated individual, if any, and to the department. The ombuds must state its recommendations and reasoning if, in the ombuds' opinion, the department or any employee thereof should:
  1. Consider the matter further;
  2. Modify or cancel any action;
  3. Alter a rule, practice, or ruling;
  4. Explain in detail the administrative action in question; or
12. Rectify an omission.
13. If the ombuds so requests, the department must, within the time specified, inform the ombuds about any action taken on the recommendations or the reasons for not complying with the recommendations.
14. If the ombuds believes, based on the investigation, that there has been or continues to be a significant incarcerated individual health, safety, welfare, or rehabilitation issue, the ombuds must report the finding to the governor and the appropriate committees of the legislature.
15. Before announcing a conclusion or recommendation that expressly, or by implication, criticizes a person or the department, the ombuds shall consult with that person or the department. The ombuds may request to be notified by the department, within a specified time, of any action taken on any recommendation presented. The ombuds must notify the incarcerated individual, if any, of the actions taken by the department in response to the ombuds' recommendations.
This chapter does not require incarcerated individuals to file a complaint with the ombuds in order to exhaust available administrative remedies for purposes of the prison litigation reform act of 1995, P.L. 104-134.

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