wa-law.org > bill > 2025-26 > HB 2656 > Original Bill

HB 2656 - Detention facility registry

Source

Section 1

  1. The department shall create a statewide registry for detention facilities operating in Washington. The registry must, at a minimum, include the following information for each facility:

    1. The name of the facility, if any;

    2. The street address of the facility;

    3. The maximum number of persons that may be detained at one time in the facility;

    4. The average number of persons who were detained per day in the facility for the previous calendar year; and

    5. The name and contact information for the person in charge or the owner of the facility.

  2. Beginning January 1, 2027, each detention facility operating in Washington shall annually register with the department. A detention facility operating in Washington on January 1, 2027, shall file its initial registration with the department no later than February 1, 2027. A detention facility that begins operations after January 1, 2027, shall file its initial registration with the department no later than 30 days after beginning operations.

  3. A detention facility required to register under this section must renew its registration annually on a date to be determined by the department. If a detention facility ceases operations, the entity responsible for submitting the facility's registration shall notify the department at least 30 days after ceasing operations.

  4. The following individuals and entities shall file the information required in this section:

    1. The government agency responsible for the detention of the individuals in the facility;

    2. The owner of the property on which the facility is located, if different than the government agency responsible for the detention of the individuals in the facility; and

    3. Any private entity operating the facility.

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    1. An individual or entity violating this section may be subject to a civil penalty in an amount of not more than $1,000 per violation per day.

    2. Subject to the availability of amounts appropriated for this specific purpose, the secretary may adopt by rule a penalty matrix that establishes procedures for civil penalties assessed under this section.

    3. Each violation is a separate and distinct offense. The department shall impose the civil penalty in accordance with chapter 34.05 RCW. Moneys collected under this section must be deposited into the state general fund.

    4. If the civil penalty is not paid to the department within 15 days after receipt of the notice, the office of the attorney general may bring an action to recover the penalty in the name of the state of Washington in the superior court of Thurston county or the county where the detention facility is located. In all such actions, the procedure and rules of evidence are the same as in ordinary civil actions. All penalties recovered by the attorney general under this chapter must be paid into the Washington state attorney general detention facility registration enforcement account created in section 2 of this act.

    5. The state and its agencies are not subject to a civil penalty imposed under this section.

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    1. For purposes of this section, "detention facility" means any facility, building, or business in which persons are incarcerated or otherwise involuntarily confined for purposes including prior to trial or sentencing, fulfilling the terms of a sentence imposed by a court, or for other judicial or administrative processes or proceedings.

    2. "Detention facility" does not include:

      1. A juvenile rehabilitation facility operated by the department of children, youth, and families or any similar facility operated by a county or a consortium of counties in which only juveniles are confined;

      2. An agency, as defined in RCW 74.15.020, licensed by the department of children, youth, and families;

      3. A facility detaining individuals for purposes of involuntary treatment or competency restoration, including a hospital; or

      4. A private home where a person is serving a term of home detention.

Section 2

The Washington state attorney general detention facility registration enforcement account is created in the custody of the state treasurer. All receipts from civil penalties under section 1 of this act must be deposited into the account. Only the attorney general or the attorney general's designee may authorize expenditures from the account. Moneys in the account must be used exclusively for the costs associated with the attorney general's enforcement of the provisions of section 1 of this act governing the recovery of civil penalties. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Section 3

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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