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

 S-4113.1

SENATE BILL 6307

State of Washington

69th Legislature

2026 Regular Session

By Senator Wellman

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.

(b) The limitation on liability provided in (a) of this subsection does not apply if the controlled substance that caused the inmate's injury was provided to the inmate by an agent of: (i) The correctional facility; or (ii) the state or local government that owns, operates, or controls the correctional facility.