Private Detention Facilities Rulemaking

What's Happening?

The Department of Health (department) will be proposing draft rule language to establish chapter 246-385 Washington Administrative Code – Private Detention Facilities as a new chapter to set operational standards for private detention facilities and set health and safety standards for detained persons pursuant to Second Substitute House Bill 1470 (HB 1470), Chapter 419, Laws of 2023, Regular Session. On November 13, 2023 we filed a CR-101 Preproposal Statement of Inquiry (PDF) to initiate rulemaking.

Why?

The rulemaking is necessary to set operational, health, and safety standards that will ensure persons detained in private detention facilities are provided sanitary, hygienic, and safe living conditions as required by HB 1470. The law requires rulemaking to address (at minimum):

  • Use of personal belongings
  • Cleaning and sanitizing of living areas
  • Laundry facilities
  • Personal hygiene items
  • Nutritious, balanced, and special diets
  • Food handing and hygiene practices
  • Indoor air quality and room temperature
  • Infection control program
  • Site inspection
  • Civil penalties

Get Involved!

We heard you! The department held three live listening sessions during the months of December 2023 and January 2024 to seek help from the public on draft rule language regulating private detention facilities. We had 136 registered guests including: interpreters, staff from the department, other state agencies and local health jurisdictions, advocacy organizations, and members of the community. Thank you to everyone who participated and shared comments. We value your opinions and insights. We summarized comments and questions from the live listening sessions.

More Ways to Participate

Informal comment period (Summer 2024)

  • Open to the public.
  • Review and comment on proposed rules with or without providing contact information.

Formal comment period (Late Winter 2025)

  • Open to the public.
  • Review and comment on proposed rules with or without providing contact information.
  • Without contact information, the department cannot send a reply to your comments.

Public Hearing (Spring 2025)

  • Provide formal testimony at the public hearing.
  • All testimony received will be part of the public record.

Rulemaking Resources

Documents What's This Date Filed
Documents HB 1470 (PDF) What's This The house bill that was passed to regulate private detention facilities. Date Filed April 21, 2023
Documents CR-101 Preproposal Statement of Inquiry (PDF) What's This Announces intent of rulemaking. Date Filed November 13, 2023
Documents

Environmental Justice Assessment Notice (PDF)

Spanish: Aviso sobre la evaluación de justicia ambiental para la elaboración (PDF)

What's This Announces the intent to complete an environmental justice assessment. Date Filed November 16, 2023
Documents Environmental Justice Webpage What's This Home page for the department. Date Filed N/A

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Contacts

Kseniya Efremova, Rules Coordinator – Environmental Public Health

Joe Laxson, Policy Director – Environmental Public Health Assistant Secretary’s Office