Published on Apr 16, 2021

Local jails required to conduct investigations into unexpected fatalities

Contact: Sharon Swanson, Jacob Ewing

State, county, and local jails will be required to conduct investigations into unexpected deaths that occur within their correctional facilities.

SB 5119, sponsored by Sen. Jeannie Darneille (D–Tacoma), passed through both chambers with strong bipartisan support. It now heads to Gov. Inslee for signature.

Under the new law, the chief law enforcement officer of a state, county, or local correctional facility will be responsible for conducting investigations into the unexpected fatality of an individual confined to the facility. Reports of the investigation must be released within 120 days of the fatality, unless an extension is granted by the local governing body. The final reports must be distributed to the local governing body, designated legislative committees, and the Department of Health. The Department of Health will create and maintain a public site where the reports will be published.

The reports must include an analysis of the root cause or causes of the expected fatality, and an associated corrective action plan for the jail to address identified root causes and recommendations made by the unexpected fatality review team.

The reports are subject to the Public Records Act; however, confidential information may be redacted, including any information that would reveal security details about the jail.

SB 5119 is set to become law 90 days after the end of session.

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