What's Happening?
The Department of Health (department) will be developing 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, On November 13, 2023 we filed a CR-101 Preproposal Statement of Inquiry (PDF) to initiate rulemaking.
During the 2025 legislative session, Engrossed Second Substitute House Bill 1232 (E2SHB 1232) (chapter 235, Laws of 2025) (PDF) was passed, amending RCW 70.395.100 to remove certain exemptions for facilities that provide services for juveniles. This bill also made changes to the list of topics the department is required to write rules for. On September 15, 2025, we filed a Second CR-101 Preproposal Statement of Inquiry (PDF) to initiate rulemaking for private detention facilities serving juveniles, pursuant to E2SHB 1232. The department will consider whether it is best to combine both the adult and juvenile requirements in the same chapter or to have separate chapters.
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 2SHB 1470 and E2SHB 1232. 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
- Lighting
- Water supply
- Sewage, garbage, refuse, and liquid waste
- Infection control program
- Access and equipment for individuals with physical and mental disabilities
- Site inspection
- Civil penalties
Tentative Rulemaking Timeline
- November 2023 – Start rulemaking
- Early 2026 – Informal comment period
- Summer 2026 – Formal comment period and public hearing
Rulemaking Resources
| Documents | What's This | Date Filed |
|---|---|---|
| 2SHB 1470 (PDF) | The house bill that was passed to regulate private detention facilities. | N/A |
| CR-101 Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking. | November 13, 2023 |
|
Environmental Justice Assessment Notice (PDF) Spanish: Aviso sobre la evaluación de justicia ambiental para la elaboración (PDF) |
Announces the intent to complete an environmental justice assessment. | November 16, 2023 |
| Environmental Justice Webpage | Home page for the department. | N/A |
| Listening Session Notes (PDF) Spanish: Anotaciones de la sesión de conversación comunitaria (PDF) |
Notes from the three live listening sessions held in December 2023 and January 2024. | N/A |
| E2SHB 1232 (PDF) | The house bill that was passed in 2025, amending sections of chapter 70.395 RCW | N/A |
| Second CR-101 Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking for E2SHB 1232. | September 15, 2025 |
Stay Informed
Contacts
Kseniya Efremova, Rules Coordinator – Environmental Public Health
Joe Laxson, Policy Director – Environmental Public Health Assistant Secretary’s Office