This bill establishes new guidelines for conducting searches of transgender and intersex individuals in local jails, ensuring compliance with federal law, specifically the Prison Rape Elimination Act. It mandates that local jail administrators develop policies that prohibit searches solely to determine an individual's genital status and require that searches be conducted in a respectful and minimally intrusive manner. The bill outlines specific procedures for strip searches, including that they must be performed by medical professionals or female staff, and allows individuals to express their preferences regarding the gender of the staff conducting the search. Additionally, it emphasizes the need for privacy during showers and other personal activities, with staff of the opposite gender required to announce their presence.

The bill also amends existing law, RCW 10.79.100, to clarify that strip searches should be conducted only by individuals of the same gender as the person being searched, with exceptions for exigent circumstances. It introduces new provisions that allow transgender, gender nonconforming, or intersex individuals to choose the gender of the person conducting their search or to have it performed by a medical professional. The legislation aims to enhance the dignity and safety of individuals in custody while maintaining the security of correctional facilities.

Statutes affected:
Original Bill: 74.09.875
Substitute Bill: 74.09.875