| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to providing an alternative condition for extraordinary medical placement for incarcerated individuals; |
| Bill Description | Providing an alternative condition for extraordinary medical placement for incarcerated individuals. |
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What this bill does
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This bill reenacts and amends RCW 9.94A.728 and sets out the circumstances when an incarcerated person may leave a correctional facility or be released before their sentence expires. It lists earned early release, authorized furloughs or leaves, extraordinary medical placement, gubernatorial extraordinary release on clemency recommendation, partial confinement (work release or parenting programs), graduated reentry home detention, pardons, departmental release up to 10 days before a calculated release date, sentence reductions under RCW 9.94A.870, and releases for crimes committed before age 18 under RCW 9.94A.730. This is a modification of existing law and primarily makes procedural and eligibility changes rather than creating a new criminal offense or changing sentencing penalties.
The bill establishes detailed criteria and procedures for extraordinary medical placement: two physicians must assess the person and find one of three medical conditions (permanent or degenerative condition with no present or likely future public safety threat; terminal illness with expected death within six months and no present or likely future public safety threat; or a serious medical condition whose basic medical care needs cannot be met by the department as required by the federal and state constitutions and RCW 72.10.005). The person must be assessed as low risk to the community and the placement must be expected to save the state money. Individuals sentenced to death, or to life without the possibility of release or parole, and persistent offenders are ineligible. The secretary must require electronic monitoring for people in extraordinary medical placement unless monitoring is medically detrimental, interferes with medical devices, or causes loss of funding for medical care; the secretary specifies monitoring providers and terms and may revoke placement at any time. The bill also sets limits on how much of a term may be served in partial confinement for various programs and preserves mandatory minimums in RCW 9.94A.540.
The bill includes a definition of “basic medical care needs” and references the roles of the secretary, the department, corrections staff, physicians, the governor, and the clemency and pardons board. The text provided does not define who the “secretary” or the “department” are, does not define “persistent offender,” does not describe how “low risk to the community” is assessed, and does not give technical standards or detailed procedures for electronic monitoring or the cross-referenced statutes and programs. The excerpts do not indicate any change to criminal penalties.
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Why it matters
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If enacted, the law reestablishes who can leave prison early and adds clear steps for moving seriously ill or medically impaired people out of custody: two physicians must certify their condition, the person must be low risk, and the move must be expected to save the state money. It also sets firm caps on how long inmates can serve the end of their term in partial confinement programs (up to 18 months for work release or parenting programs, generally up to nine months for graduated home detention, with one pathway allowing up to 18 months after at least three months of total confinement), bars release before mandatory minimums, and lets courts order release for people whose convictions were vacated under State v. Blake if they’ve already served more than the new range.
Practically, the department and its secretary will need to set up physician assessments, decide and contract for electronic monitoring (required unless it harms health or causes loss of medical funding), and manage revocations of medical placements, shifting some care and supervision into the community. Corrections staff, monitoring providers, and physicians will have new duties; the state may likely see some cost offsets if medical placements reduce in-prison care costs, but will incur monitoring and community care responsibilities. Important details are unclear from the text provided—such as who exactly the “secretary” and “department” are, how “low risk” and “persistent offender” are defined, and the specific standards and costs for monitoring—so implementation effects will depend on how those are specified.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/15/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $4,006,587.25 |
| CORRECTIONAL FACILITIES AND JAILS |
| Hearing | House Community Safety (Public) |