Wash. Rev. Code » Title 72 · Chapter 72.68
Revised Code of Washington

Wash. Rev. Code § 72.68.040 (2026)

Contracts for detention of felons convicted in this state

✓ current as of May 2026
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(1) The secretary may contract with the authorities of the federal government, or the authorities of any state of the United States, or any county or city in this state providing for the detention in an institution or jail operated by such entity, for prisoners convicted of a felony in the courts of this state and sentenced to a term of imprisonment therefor in a state correctional institution for convicted felons under the jurisdiction of the department. Except as provided in subsection (2) of this section, after the making of a contract under this section, prisoners sentenced to a term of imprisonment in a state correctional institution for convicted felons may be conveyed by the superintendent or his or her assistants to the institution or jail named in the contract. The prisoners shall be delivered to the authorities of the institution or jail, there to be confined until their sentences have expired or they are otherwise discharged by law, paroled, or until they are returned to a state correctional institution for convicted felons for further confinement.
(2) A prisoner may not be conveyed to a private correctional entity except under the circumstances identified in RCW 72.68.010(2) or 72.68.110(2).
[ 2020 c 318 s 3; 2012 c 117 s 500; 2000 c 62 s 3; 1981 c 136 s 117; 1979 c 141 s 284; 1967 c 60 s 1; 1959 c 47 s 1; 1959 c 28 s 72.68.040. Prior: 1957 c 27 s 1. Formerly RCW 9.95.184.]

Notes:

Findings—Intent—Construction—Effective date—2020 c 318: See notes following RCW 72.68.110.
Effective date—2000 c 62: See note following RCW 72.68.010.
Effective date—1981 c 136: See RCW 72.09.900.
Notes of Decisions
Cited in 4 cases, 1981–2018 · leading case: State v. Scherf, 429 P.3d 776 (Wash. 2018).
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State v. Scherf, 429 P.3d 776 (Wash. 2018). · cites it 6× “1 ; (2) he was held unlawfully in the Snohomish County Jail in violation of RCW 72.68.040 and .050; (3) he was denied due process by the prosecutor's failure to bring him promptly before the court as required by CrR 3.”
In Re Matteson, 12 P.3d 585 (Wash. 2008). “010 and RCW 72.68.040, and standards were provided within RCW 72.”
Clark Cnty. Sheriff v. Dep't of Soc. & Health Servs., 626 P.2d 6 (Wash. 1981). · cites it 2× “RCW 72.68.040 authorizes the Department to enter into agreements with local jurisdictions providing for the detention in an institution or jail operated by the local authority of prisoners convicted of a felony and sentenced to a term in a state correctional institution.”
In re the Pers. Restraint of Matteson, 142 Wash. 2d 298 (Wash. 2000). “010 and RCW 72.68.040, and standards were provided within RCW 72.”
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