Concerning correctional facility liability for inmate injuries resulting from voluntary controlled substance use, when lawful intake and medical care requirements are met.

 H-2789.2

HOUSE BILL 2393

State of Washington

69th Legislature

2026 Regular Session

By Representatives Hackney and Hall

Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee on Civil Rights & Judiciary.

AN ACT Relating to correctional facility liability for inmate injuries resulting from voluntary controlled substance use, when lawful intake and medical care requirements are met; adding a new section to chapter 4.92 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 4.92 RCW to read as follows:

(1)(a) Except as provided in (b) of this subsection, the state and local governments are not liable for any injury to an inmate held in a correctional facility when: (i) The injury was caused by the inmate's voluntary use of a controlled substance; (ii) the inmate was held in the correctional facility when the inmate used the controlled substance; and (iii) the inmate was lawfully searched for controlled substances upon admission to the correctional facility and any discovered controlled substances were seized and removed from the inmate's possession.