Revised Code of Washington
Wash. Rev. Code § 70.48.100 (2026)
✓ current as of May 2026
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(1) A department of corrections or chief law enforcement officer responsible for the operation of a jail shall maintain a jail register, open to the public, into which shall be entered in a timely basis:
(a) The name of each person confined in the jail with the hour, date and cause of the confinement; and
(b) The hour, date and manner of each person's discharge.
(2) Except as provided in subsections (3) and (4) of this section, the records of a person confined in jail shall be held in confidence and shall be made available only to criminal justice agencies as defined in RCW 43.43.705; or
(a) For use in inspections made pursuant to *RCW 70.48.070;
(b) In jail certification proceedings;
(c) For use in court proceedings upon the written order of the court in which the proceedings are conducted;
(d) To the Washington association of sheriffs and police chiefs;
(e) To the Washington institute for public policy, research and data analysis division of the department of social and health services, higher education institutions of Washington state, Washington state health care authority, state auditor's office, caseload forecast council, office of financial management, or the successor entities of these organizations, for the purpose of research in the public interest. Data disclosed for research purposes must comply with relevant state and federal statutes;
(f) To federal, state, or local agencies to determine eligibility for services such as medical, mental health, chemical dependency treatment, or veterans' services, and to allow for the provision of treatment to inmates during their stay or after release. Records disclosed for eligibility determination or treatment services must be held in confidence by the receiving agency, and the receiving agency must comply with all relevant state and federal statutes regarding the privacy of the disclosed records; or
(g) Upon the written permission of the person.
(3) The records of a person confined in jail may be made available to a managed health care system, including managed care organizations and behavioral health administrative services organizations as defined in RCW 71.24.025, for the purpose of care coordination activities. The receiving system or organization must hold records in confidence and comply with all relevant state and federal statutes regarding privacy of disclosed records.
(4)(a) Law enforcement may use booking photographs of a person arrested or confined in a local or state penal institution to assist them in conducting investigations of crimes.
(b) Photographs and information concerning a person convicted of a sex offense as defined in RCW 9.94A.030 may be disseminated as provided in RCW 4.24.550, 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 43.43.745, 46.20.187, 70.48.470, 72.09.330, and **section 401, chapter 3, Laws of 1990.
(5) Any jail that provides inmate records in accordance with subsection (2) or (3) of this section is not responsible for any unlawful secondary dissemination of the provided inmate records.
(6) For purposes of this section:
(a) "Managed care organization" and "behavioral health administrative services organization" have the same meaning as in RCW 71.24.025.
(b) "***Managed health care system" has the same meaning as in RCW 74.09.522.
Notes:
Reviser's note: *(1) RCW 70.48.070 was repealed by 1987 c 462 s 23, effective January 1, 1988.
**(2) 1990 c 3 s 401 appears as a note following RCW 9A.44.130.
***(3) RCW 74.09.522 was amended by 2023 c 51 s 43, removing the definition of "managed health care system" and changing "managed health care system" to "managed care organization."
Intent—2016 c 154: See note following RCW 74.09.670.
Severability—1977 ex.s. c 316: See note following RCW 70.48.020.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1999–2024 · leading case: Cowles Publ'g Co. v. Spokane Police Dep't, 987 P.2d 620 (Wash. 1999).
Cowles Publ'g Co. v. Spokane Police Dep't, 987 P.2d 620 (Wash. 1999). “The Court of Appeals also held a requested booking photograph was separately protected from disclosure under RCW 70.48.100(2), the City and County Jails Act.”
Ochoa v. Campbell, 266 F. Supp. 3d 1237 (E.D. Wash. 2017). “’ The record reflects that DOC placed an “immigration hold” on Sanchez Ochoa’s jail roster — which is a document produced by DOC pursuant to Washington Revised Code (RCW) § 70.48.100 2 — citing “ICE” as the relevant statute giving rise to his detention.”
Sargent v. Seattle Police Deparment, 167 Wash. App. 1 (Wash. Ct. App. 2011). “On April 5, SPD provided written communications and additional documents from the investigative file, but redacted jail records (citing RCW 70.48.100), 1 the names of the witnesses and alleged victim, and documents containing Sargent’s Social Security number and vehicle…”
Nicholas v. Wallenstein, 266 F.3d 1083 (9th Cir. 2001). “310(e), protecting disclosure of the names of witnesses to a crime; and Wash. Rev.Code § 70.48.100(2), pertaining to the records of “a person confined in jail.”
Sargent v. Seattle Police Dep't, 260 P.3d 1006 (Wash. Ct. App. 2011). “On April 5, SPD provided written communications and additional documents from the investigative file, but redacted jail records (citing RCW 70.48.100), [1] the names of the witnesses and alleged victim, and documents containing Sargent's social security number and vehicle…”
Juan Zabala v. Okanogan Cnty., 414 P.3d 585 (Wash. Ct. App. 2018). “On March 24, 2016, Juan Zabala sent a request to the Okanogan County Sheriff’s Office that sought: any and all records related to recorded and/or monitored jail phone calls that were used in the prosecution of any crime by any of the Okanogan County Prosecutors Offices.”
Juan Zabala v. Okanogan Cnty., 428 P.3d 124 (Wash. Ct. App. 2018). “We readily conclude that RCW 70.48.100 shields disclosure of the requested records, but we must also determine the obligation held by Okanogan County when answering Zabala’s demand for public records.”
Wolfcan v. Pierce Cnty. (W.D. Wash. 2024). “Jail Act 16 Another point of contention is Plaintiff’s request that Defendants produce records of 17 other Jail inmates, records which are protected by the City and County Jails Act (“the Jail Act”), 18 RCW 70.48.100. Plaintiff seeks an order from this Court allowing Defendants…”
Richard Lee, App. v. City Of Seattle, Seattle Police Dep't, Res. (Wash. Ct. App. 2018). “080 and RCW 70.48.100(2). Finally, the trial court ruled that redactions of Mr.”
In the Matter of the Pers. Restraint of: Reuben D. Mulamba (Wash. Ct. App. 2020). “Similarly, her jail records were privileged under RCW 70.48.100. Kittitas County relied on that latter statute to reject Mulamba’s initial public records act request for Eli’s jail records.”
Carter-Mixon v. City of Tacoma (W.D. Wash. 2022). “230(2)(p) (mental health treatment records can be disclosed pursuant to a court order); 11 Wash. Rev. Code § 70.48.100 (2)(c) (records of a person “confined in jail” may be disclosed “[f]or 12 use in court proceedings upon the written order of the court in which the proceedings…”
Jeffrey R. Mckee, App. v. King Cnty., Resp. (Wash. Ct. App. 2015). “A person's jail records are generally exempt from disclosure under RCW 70.48.100 without the person's written permission.”
— Wash. Rev. Code § 70.48.100(1) — 1 case
Ochoa v. Campbell, 266 F. Supp. 3d 1237 (E.D. Wash. 2017). “’ The record reflects that DOC placed an “immigration hold” on Sanchez Ochoa’s jail roster — which is a document produced by DOC pursuant to Washington Revised Code (RCW) § 70.48.100 2 — citing “ICE” as the relevant statute giving rise to his detention.”
— Wash. Rev. Code § 70.48.100(2) — 8 cases
Cowles Publ'g Co. v. Spokane Police Dep't, 987 P.2d 620 (Wash. 1999). “The Court of Appeals also held a requested booking photograph was separately protected from disclosure under RCW 70.48.100(2), the City and County Jails Act.”
Ochoa v. Campbell, 266 F. Supp. 3d 1237 (E.D. Wash. 2017). “’ The record reflects that DOC placed an “immigration hold” on Sanchez Ochoa’s jail roster — which is a document produced by DOC pursuant to Washington Revised Code (RCW) § 70.48.100 2 — citing “ICE” as the relevant statute giving rise to his detention.”
Nicholas v. Wallenstein, 266 F.3d 1083 (9th Cir. 2001). “310(e), protecting disclosure of the names of witnesses to a crime; and Wash. Rev.Code § 70.48.100(2), pertaining to the records of “a person confined in jail.”
Sargent v. Seattle Police Dep't, 260 P.3d 1006 (Wash. Ct. App. 2011). “On April 5, SPD provided written communications and additional documents from the investigative file, but redacted jail records (citing RCW 70.48.100), [1] the names of the witnesses and alleged victim, and documents containing Sargent's social security number and vehicle…”
Juan Zabala v. Okanogan Cnty., 428 P.3d 124 (Wash. Ct. App. 2018). “We readily conclude that RCW 70.48.100 shields disclosure of the requested records, but we must also determine the obligation held by Okanogan County when answering Zabala’s demand for public records.”
— Wash. Rev. Code § 70.48.100(2)(C) — 1 case
Wolfcan v. Pierce Cnty. (W.D. Wash. 2024). “Jail Act 16 Another point of contention is Plaintiff’s request that Defendants produce records of 17 other Jail inmates, records which are protected by the City and County Jails Act (“the Jail Act”), 18 RCW 70.48.100. Plaintiff seeks an order from this Court allowing Defendants…”
— Wash. Rev. Code § 70.48.100(2)(c) — 1 case
Wolfcan v. Pierce Cnty. (W.D. Wash. 2024). “Jail Act 16 Another point of contention is Plaintiff’s request that Defendants produce records of 17 other Jail inmates, records which are protected by the City and County Jails Act (“the Jail Act”), 18 RCW 70.48.100. Plaintiff seeks an order from this Court allowing Defendants…”
— Wash. Rev. Code § 70.48.100(2)(d) — 1 case
Sargent v. Seattle Police Deparment, 167 Wash. App. 1 (Wash. Ct. App. 2011). “On April 5, SPD provided written communications and additional documents from the investigative file, but redacted jail records (citing RCW 70.48.100), 1 the names of the witnesses and alleged victim, and documents containing Sargent’s Social Security number and vehicle…”
— Wash. Rev. Code § 70.48.100(3)(a) — 1 case
Cowles Publ'g Co. v. Spokane Police Dep't, 987 P.2d 620 (Wash. 1999). “The Court of Appeals also held a requested booking photograph was separately protected from disclosure under RCW 70.48.100(2), the City and County Jails Act.”
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