RCW 42.56.475
Department of corrections.
(1) The following information or records created or maintained by the department of corrections is exempt from public inspection and copying under this chapter:
(a) Body scanner images from any system designed to detect and visualize contraband hidden in body cavities or beneath clothing, including backscatter X-ray, millimeter wave, and transmission X-ray systems;
(b) The following information and records created or maintained pursuant to the federal prison rape elimination act, 34 U.S.C. Sec. 30301 et seq., and its regulations:
(i) Risk assessments, risk indicators, and monitoring plans;
(ii) Reports of sexual abuse or sexual harassment, as defined under 28 C.F.R. 115.6;
(iii) Records of open prison rape elimination act investigations; and
(iv) The identities of individuals other than department of corrections staff, contractors, and volunteers, in closed prison rape elimination act investigation reports and related investigative materials; however, the identity of an accused individual is not exempt if the allegation is determined to have been substantiated; and
(c) Health information in records other than an incarcerated individual's medical, mental health, or dental files.
(2) The exemption of information or records described under subsection (1)(b) and (c) of this section does not apply to requests by the incarcerated individual who is the subject of the information, a requestor with the written permission of the incarcerated individual who is the subject of the information, or a personal representative of an incarcerated individual who is the subject of the information. In response to such requests, the department of corrections may withhold information revealing the identity of other incarcerated individuals.
(3) An agency refusing, in whole or in part, inspection of a public record containing information listed in subsection (1)(c) of this section may cite to subsection (1)(c) of this section, without further explanation, when providing the brief explanation required by RCW 42.56.210(3), and shall also identify the number of pages withheld, if any pages are withheld in their entirety.
(4) For purposes of this section:
(a) "Health information" means any information that identifies or can readily be associated with the identity of an incarcerated individual and directly relates to the following: Medical, mental health, or dental diagnoses or conditions; medical, mental health, or dental services, treatments, or procedures, including requests for or complaints about such services, treatments, or procedures; transgender, intersex, nonbinary, or gender nonconforming status; sexual orientation; genital anatomy; or gender-affirming care or accommodations other than an incarcerated individual's preferred name, pronouns, and gender marker.
(b) The following information is not "health information" under this section: (i) Health care information subject to RCW 42.56.360(2) and chapter 70.02 RCW; and (ii) information related to injuries, other than injuries related to medical procedures or genital anatomy, contained in incident reports, infraction records, or use of force reports, prepared by department of corrections staff other than health care providers.
(c) "Incarcerated individual" has the same meaning as "inmate" under RCW 72.09.015 and includes currently or formerly incarcerated individuals.
[ 2022 c 272 § 1.]
NOTES:
Retroactive application—2022 c 272: "This act is remedial, curative, and retroactive, and the exemptions in section 1 of this act apply retroactively to any public records request made prior to March 31, 2022, for which disclosure of records has not already occurred." [ 2022 c 272 § 2.]
Effective date—2022 c 272: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2022]." [ 2022 c 272 § 3.]
Structure Revised Code of Washington
Title 42 - Public Officers and Agencies
Chapter 42.56 - Public Records Act.
42.56.040 - Duty to publish procedures.
42.56.050 - Invasion of privacy, when.
42.56.060 - Disclaimer of public liability.
42.56.070 - Documents and indexes to be made public—Statement of costs.
42.56.080 - Identifiable records—Facilities for copying—Availability of public records.
42.56.090 - Times for inspection and copying—Posting on website.
42.56.100 - Protection of public records—Public access.
42.56.110 - Destruction of information relating to employee misconduct.
42.56.120 - Charges for copying.
42.56.130 - Other provisions not superseded.
42.56.140 - Public records exemptions accountability committee.
42.56.150 - Training—Local elected and statewide elected officials.
42.56.152 - Training—Public records officers.
42.56.155 - Assistance by attorney general.
42.56.210 - Certain personal and other records exempt.
42.56.230 - Personal information.
42.56.235 - Religious affiliation exemption.
42.56.240 - Investigative, law enforcement, and crime victims.
42.56.250 - Employment and licensing.
42.56.260 - Real estate transactions.
42.56.270 - Financial, commercial, and proprietary information.
42.56.280 - Preliminary drafts, notes, recommendations, intra-agency memorandums.
42.56.290 - Agency party to controversy.
42.56.300 - Archaeological sites.
42.56.315 - Certain student information.
42.56.320 - Educational information.
42.56.325 - Statewide electronic repository for school meals.
42.56.330 - Public utilities and transportation.
42.56.350 - Health professionals.
42.56.355 - Interstate medical licensure compact.
42.56.380 - Agriculture and livestock.
42.56.390 - Emergency or transitional housing.
42.56.400 - Insurance and financial institutions.
42.56.403 - Property and casualty insurance statements of actuarial opinion.
42.56.410 - Employment security department records, certain purposes.
42.56.422 - Office of cybersecurity—Reports and information.
42.56.430 - Fish and wildlife.
42.56.440 - Veterans' discharge papers—Exceptions.
42.56.450 - Check cashers and sellers licensing applications.
42.56.460 - Fireworks and explosives.
42.56.470 - Correctional industries workers.
42.56.475 - Department of corrections.
42.56.510 - Duty to disclose or withhold information—Otherwise provided.
42.56.520 - Prompt responses required.
42.56.530 - Review of agency denial.
42.56.540 - Court protection of public records.
42.56.550 - Judicial review of agency actions.
42.56.560 - Application of RCW 42.56.550.
42.56.565 - Inspection or copying by persons serving criminal sentences—Injunction.
42.56.570 - Explanatory pamphlet—Advisory model rules—Consultation and training services.
42.56.580 - Public records officers.
42.56.590 - Personal information—Notice of security breaches.
42.56.592 - Personal information—Covered entities.
42.56.594 - Personal information—Consumer protection.
42.56.600 - Mediation communications.
42.56.610 - Certain information from dairies and feedlots limited—Rules.
42.56.615 - Enumeration data used by the office of financial management for population estimates.
42.56.620 - Cannabis research licensee reports.
42.56.625 - Medical cannabis authorization database.
42.56.640 - Vulnerable individuals, in-home caregivers for vulnerable populations.
42.56.645 - Release of public information—2017 c 4 (Initiative Measure No. 1501).
42.56.650 - Health carrier data.
42.56.655 - Explosives exemption report.
42.56.660 - Agency employee records.
42.56.665 - Agency employee records—Civil liability.
42.56.670 - Agency employee records—Model policies.
42.56.675 - Agency employee records—Lists of names.
42.56.680 - Residential real property information and borrower personal information.
42.56.690 - Victim and witness notification program.