# RCW 70.395.030: RCW 70.395.030: Prohibition on private incarceration

> Washington · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S030

## Section

- **Citation:** RCW 70.395.030
- **Heading:** RCW 70.395.030: Prohibition on private incarceration
- **Jurisdiction:** Washington
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Washington Code / Title 70 / Chapter 395 / Section 030

## Text

(1) Except as provided in subsections (2) and (3) of this section, no person, business, or state or local governmental entity shall operate a private detention facility within the state or utilize a contract with a private detention facility within the state. No state or local governmental entity shall utilize a contract with a private detention facility outside of Washington state, except as provided in RCW 72.68.010 (2). (2) A private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect prior to January 1, 2021, may remain in operation for the duration of that contract, not to include any extensions or modifications made to, or authorized by, that contract. (3) In accordance with the legislative findings in RCW 70.395.010 , this section does not apply if the involuntary confinement is at: (a) A facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to juveniles who are subject to Title 13 RCW, or similarly applicable federal law; (b) A facility providing evaluation and treatment or forensic services to a person who has been civilly detained or is subject to an order of commitment by a court pursuant to chapter 10.77 , 71.05, 71.09, or 71.34 RCW, or similarly applicable federal law; (c) A facility used for the quarantine or isolation of persons for public health reasons pursuant to RCW 43.20.050 , or similarly applicable federal law; (d) A facility used for work release under chapter 72.65 RCW, or similarly applicable federal law; (e) A facility used for extraordinary medical placement; (f) A facility used for residential substance use disorder treatment; (g) A facility used to house persons pursuant to 18 U.S.C. Sec. 4013; or (h) A facility owned and operated by federally recognized tribes and contracting with a government.

## Nearby sections

- [RCW 70.395.010 RCW 70.395.010: Findings—Intent.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S010.md)
- [RCW 70.395.020 RCW 70.395.020: Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S020.md)
- [RCW 70.395.030 RCW 70.395.030: Prohibition on private incarceration.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S030.md)
- [RCW 70.395.040 RCW 70.395.040: Standards for sanitation, hygiene, and safety—Enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S040.md)
- [RCW 70.395.050 RCW 70.395.050: Inspections—Delegation—Rules—Enforcement.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S050.md)
- [RCW 70.395.055 RCW 70.395.055: Inspections—Findings of noncompliance—Penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S055.md)
- [RCW 70.395.058 RCW 70.395.058: Inspections—Publishing results.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S058.md)
- [RCW 70.395.060 RCW 70.395.060: Requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S060.md)
- [RCW 70.395.070 RCW 70.395.070: Violations—Rights of action.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S070.md)
- [RCW 70.395.080 RCW 70.395.080: Violations—Civil penalties.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S080.md)
- [RCW 70.395.090 RCW 70.395.090: Attorney general humane detention account.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S090.md)
- [RCW 70.395.100 RCW 70.395.100: Facilities excluded.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S100.md)
- [RCW 70.395.900 RCW 70.395.900: Construction—2021 c 30.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S900.md)
- [RCW 70.395.901 RCW 70.395.901: Effective date—2021 c 30.](https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S901.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WA_T70_C395_S030. Check the current official text before relying on it. Not legal advice.