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 (June-July 2024)
- Open to the public.
- Review and comment on proposed rules with or without providing contact information.
Formal comment period (December 2024-January 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 (January 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 |
|---|---|---|
| HB 1470 (PDF) | The house bill that was passed to regulate private detention facilities. | April 21, 2023 |
| CR-101 Preproposal Statement of Inquiry (PDF) | Announces intent of rulemaking. | November 13, 2023 |
| Environmental Justice Notice (PDF) | Announces the intent to complete an environmental justice assessment. | November 16, 2023 |
| Environmental Justice Webpage | Home page for the department. | N/A |
| Rules Advisory Committee Participation (PDF) | Informational flyer on how to join and participate in the rules advisory committee. | February 2024 |
Stay Informed
Contacts
Nina Helpling, Rules Coordinator – Environmental Public Health
Joe Laxson, Policy Director – Environmental Public Health Assistant Secretary’s Office