wa-law.org > bill > 2025-26 > HB 2393 > Original Bill

HB 2393 - Correctional fac. liability

Source

Section 1

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    1. Except as provided in (b) of this subsection, the state and local governments are not liable for any injury to an inmate held in a correctional facility when: (i) The injury was caused by the inmate's voluntary use of a controlled substance; (ii) the inmate was held in the correctional facility when the inmate used the controlled substance; and (iii) the inmate was lawfully searched for controlled substances upon admission to the correctional facility and any discovered controlled substances were seized and removed from the inmate's possession.

    2. The limitation on liability provided in (a) of this subsection does not apply if the controlled substance that caused the inmate's injury was provided to the inmate by an agent of: (i) The correctional facility; or (ii) the state or local government that owns, operates, or controls the correctional facility.

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    1. Except as provided in (b) of this subsection, the state and local governments are not liable for any injury to an inmate held in a correctional facility when the injury was caused by the inmate's voluntary use of a controlled substance before the inmate was admitted to the correctional facility.

    2. The limitation on liability provided in (a) of this subsection does not apply if an agent of: (i) The correctional facility; or (ii) the state or local government that owns, operates, or controls the correctional facility, knew or should have known the inmate required medical care and failed to make a reasonable effort to provide medical care to the inmate.

  3. The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    1. "Controlled substance" has the same meaning as in RCW 69.50.101.

    2. "Correctional facility" means any jail, prison, or other facility created for the purpose of holding persons accused or convicted of a crime, and which is owned, operated, or controlled by the state or a local government.

    3. "Inmate" means any person held in custody in any correctional facility who has been processed and admitted to the facility.

    4. "Local government" includes any city, county, or other subdivision of the state and any municipal corporation, quasi-municipal corporation, or special district within the state.

Section 2

This act applies to all causes of action accruing on or after the effective date of this section.

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