Wash. Rev. Code § 70.395.100

Facilities excluded

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RCW 70.395.040 through 70.395.080 do not apply to a private detention facility that is:
(1) Providing counseling, treatment, mental health, educational, or medical services to juveniles under chapter 74.15 RCW;
(2) Providing evaluation and treatment or forensic services to a person who has been civilly detained or is subject to an order of commitment by a court pursuant to chapter 10.77, 71.05, 71.09, or 71.34 RCW, or similarly applicable federal law, including facilities regulated under chapters 70.41, 71.12, and 71.24 RCW;
(3) Used for the quarantine or isolation of persons for public health reasons pursuant to RCW 43.20.050, or similarly applicable federal law;
(4) Used for work release under chapter 72.65 RCW, or similarly applicable federal law;
(5) Used for extraordinary medical placement;
(6) Used for residential substance use disorder treatment; or
(7) Owned and operated by federally recognized tribes and contracting with a government.
[ 2025 c 235 s 7; 2023 c 419 s 10.]

Notes:

Effective dateConstruction2025 c 235: See notes following RCW 70.395.020.
Effective dateConstruction2023 c 419: See notes following RCW 42.56.475.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2026 · leading case: The GEO Group Inc v. Inslee
The GEO Group Inc v. Inslee (2024) wawd · cites it 5× “10 Finally, HB 1470 § 10 (codified as RCW 70.395.100) excludes various facilities 11 from HB 1470’s requirements.”
The GEO Group Inc v. Inslee (2024) wawd “19 RCW 70.395.100. 20 The Court explained that “[t]he exclusion of these facilities from HB 1470’s 21 requirements begs the question: What facilities aside from private immigration detention 22 1 facilities are subject to HB 1470? The State provides no answer.”
The Geo Group, Inc. v. Inslee (2026) ca9 “See Wash. Rev. Code § 70.395.100 . In creating this mismatch, the panel ignores both our circuit precedent and common sense.”
— Wash. Rev. Code § 70.395.100(1) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “10 Finally, HB 1470 § 10 (codified as RCW 70.395.100) excludes various facilities 11 from HB 1470’s requirements.”
— Wash. Rev. Code § 70.395.100(2) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “10 Finally, HB 1470 § 10 (codified as RCW 70.395.100) excludes various facilities 11 from HB 1470’s requirements.”
— Wash. Rev. Code § 70.395.100(6) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “10 Finally, HB 1470 § 10 (codified as RCW 70.395.100) excludes various facilities 11 from HB 1470’s requirements.”
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