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 for determining 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 searches and prohibits cross-gender searches unless exigent circumstances arise.

The bill also amends existing law, specifically 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 transgender, gender nonconforming, or intersex individuals who are given options regarding the search process. It reinforces the importance of training for jail staff on how to conduct these searches appropriately and requires that local jails implement these standards by September 1, 2025. Overall, the legislation aims to enhance the dignity and safety of transgender and intersex individuals in the correctional system.

Statutes affected:
Original Bill: 74.09.875
Substitute Bill: 74.09.875