This bill aims to establish 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 such information be obtained respectfully and privately. The bill also emphasizes the need for training jail staff on conducting searches in a professional and least intrusive manner, while allowing individuals to express their preferences regarding the gender of the staff conducting the search. Additionally, it stipulates that searches must be conducted in a manner that respects the individual's privacy and dignity, particularly during activities like showering or changing clothes.

The bill amends existing law, specifically RCW 10.79.100, to include new provisions regarding strip searches. It specifies that strip searches should be performed only by individuals of the same gender as the person being searched, with exceptions made for transgender, gender nonconforming, or intersex individuals who must be offered options regarding the gender of the searcher. The bill also clarifies that searches may only be conducted by individuals of a different gender in exigent circumstances. Overall, the legislation seeks to enhance the treatment of transgender and intersex individuals in local jails while ensuring their rights and dignity are upheld during searches.

Statutes affected:
Original Bill: 74.09.875
Substitute Bill: 74.09.875