RCW 72.09.770
Unexpected fatality review—Records—Discovery.
(1)(a) The department shall conduct an unexpected fatality review in any case in which the death of an incarcerated individual is unexpected, or any case identified by the office of the corrections ombuds for review.
(b) The department shall convene an unexpected fatality review team and determine the membership of the review team. The team shall comprise of individuals with appropriate expertise including, but not limited to, individuals whose professional expertise is pertinent to the dynamics of the case. The unexpected fatality review team shall include the office of the corrections ombuds or the ombuds' designee, and a representative from the department of health. The department shall ensure that the unexpected fatality review team is made up of individuals who had no previous involvement in the case.
(c) The primary purpose of the unexpected fatality review shall be the development of recommendations to the department and legislature regarding changes in practices or policies to prevent fatalities and strengthen safety and health protections for prisoners in the custody of the department.
(d) Upon conclusion of an unexpected fatality review required pursuant to this section, the department shall, within 120 days following the fatality, issue a report on the results of the review, unless an extension has been granted by the governor. Reports must be distributed to the appropriate committees of the legislature, and the department shall create a public website where all unexpected fatality review reports required under this section must be posted and maintained. An unexpected fatality review report completed pursuant to this section is subject to public disclosure and must be posted on the public website, except that confidential information may be redacted by the department consistent with the requirements of applicable state and federal laws.
(e) Within 10 days of completion of an unexpected fatality review under this section, the department shall develop an associated corrective action plan to implement any recommendations made by the review team in the unexpected fatality review report. Corrective action plans shall be implemented within 120 days, unless an extension has been granted by the governor. Corrective action plans are subject to public disclosure, and must be posted on the department's website in accordance with (d) of this subsection, except that confidential information may be redacted by the department consistent with the requirements of applicable state and federal laws.
(f) The department shall develop and implement procedures to carry out the requirements of this section.
(2) In any review of an unexpected fatality, the department and the unexpected fatality review team shall have access to all records and files regarding the person or otherwise relevant to the review that have been produced or retained by the agency.
(3)(a) An unexpected fatality review completed pursuant to this section is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this section.
(b) A department employee responsible for conducting an unexpected fatality review, or member of an unexpected fatality review team, may not be examined in a civil or administrative proceeding regarding: (i) The work of the unexpected fatality review team; (ii) the incident under review; (iii) his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the unexpected fatality review team or the incident under review; or (iv) the statements, deliberations, thoughts, analyses, or impressions of any other member of the unexpected fatality review team, or any person who provided information to the unexpected fatality review team relating to the work of the unexpected fatality review team or the incident under review.
(c) Documents prepared by or for an unexpected fatality review team are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in an unexpected fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by an unexpected fatality review team. A person is not unavailable as a witness merely because the person has been interviewed by, or has provided a statement for, an unexpected fatality review, but if the person is called as a witness, the person may not be examined regarding the person's interactions with the unexpected fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This section may not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(d) The restrictions set forth in this section do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with an unexpected fatality reviewed by an unexpected fatality review team.
(4) For the purposes of this section:
(a) "Unexpected fatality review" means a review of any death that was not the result of a diagnosed or documented terminal illness or other debilitating or deteriorating illness or condition where the death was anticipated, and includes the death of any person under the jurisdiction of the department, regardless of where the death actually occurred. A review must include an analysis of the root cause or causes of the unexpected fatality, and an associated corrective action plan for the department to address identified root causes and recommendations made by the unexpected fatality review team under this section.
(b) "Jurisdiction of the department" does not include persons on community custody under the supervision of the department.
[ 2021 c 139 § 1.]
Structure Revised Code of Washington
Chapter 72.09 - Department of Corrections.
72.09.010 - Legislative intent.
72.09.030 - Department created—Secretary.
72.09.040 - Transfer of functions from department of social and health services.
72.09.050 - Powers and duties of secretary.
72.09.055 - Affordable housing—Inventory of suitable property.
72.09.057 - Fees for reproduction, shipment, and certification of documents and records.
72.09.060 - Organization of department—Program for public involvement and volunteers.
72.09.070 - Correctional industries advisory committee—Recommendations.
72.09.090 - Correctional industries account—Expenditure—Profits—Appropriations.
72.09.095 - Transfer of funds to department of labor and industries for crime victims' compensation.
72.09.100 - Inmate work program—Classes of work programs—Participation—Benefits.
72.09.101 - Inmate work program—Administrators' duty.
72.09.104 - Prison work programs to operate automated data input and retrieval systems.
72.09.106 - Subcontracting of data input and microfilm capacities.
72.09.116 - Information obtained under RCW 72.09.115 exempt from public disclosure.
72.09.120 - Distribution of list of inmate job opportunities.
72.09.130 - Incentive system for participation in education and work programs—Rules—Dissemination.
72.09.135 - Adoption of standards for correctional facilities.
72.09.190 - Legal services for inmates.
72.09.200 - Transfer of files, property, and appropriations.
72.09.210 - Transfer of employees.
72.09.220 - Employee rights under collective bargaining.
72.09.225 - Sexual misconduct by state employees, contractors.
72.09.230 - Duties continued during transition.
72.09.240 - Reimbursement of employees for offender assaults.
72.09.251 - Communicable disease prevention guidelines.
72.09.260 - Litter cleanup programs—Requirements.
72.09.270 - Individual reentry plan.
72.09.275 - Duty to notify of process for restoration of voting rights.
72.09.280 - Community justice centers.
72.09.285 - Rental voucher list—Housing providers.
72.09.290 - Correctional facility siting list.
72.09.300 - Local law and justice council—Rules.
72.09.310 - Community custody violator.
72.09.311 - Confinement of community custody violators.
72.09.315 - Court-ordered treatment—Violations—Required notifications.
72.09.320 - Community placement—Liability.
72.09.333 - Sex offenders—Facilities on McNeil Island.
72.09.335 - Sex offenders—Treatment assessment and opportunity.
72.09.337 - Sex offenders—Rules regarding.
72.09.380 - Rule making—Medicaid—Secretary of corrections—Director of health care authority.
72.09.400 - Work ethic camp program—Findings—Intent.
72.09.410 - Work ethic camp program—Generally.
72.09.465 - Postsecondary degree education programs.
72.09.467 - Postsecondary degree education programs—Reports to the legislature.
72.09.469 - Postsecondary degree education programs—Study.
72.09.470 - Inmate contributions for cost of privileges—Standards.
72.09.490 - Policy on extended family visitation.
72.09.495 - Incarcerated parents—Policies to encourage family contact and engagement.
72.09.500 - Prohibition on weight-lifting.
72.09.520 - Limitation on purchase of televisions.
72.09.530 - Prohibition on receipt or possession of contraband—Rules.
72.09.540 - Inmate name change—Limitations on use—Penalty.
72.09.560 - Camp for alien offenders.
72.09.580 - Offender records and reports.
72.09.588 - Pregnant inmates—Midwifery or doula services—Reasonable accommodations.
72.09.600 - Rules—Chapter 196, Laws of 1999.
72.09.620 - Extraordinary medical placement—Reports.
72.09.630 - Custodial sexual misconduct—Investigation of allegations.
72.09.650 - Use of force by limited authority Washington peace officers—Detention of persons.
72.09.670 - Gang involvement among incarcerated offenders—Intervention programs—Study.
72.09.680 - Statewide security advisory committee.
72.09.682 - Multidisciplinary teams—Inmate job assignments.
72.09.684 - Training curriculum—Safety issues—Total confinement correctional facilities.
72.09.686 - Body alarms and proximity cards—Study and report.
72.09.688 - Video monitoring cameras—Study and report.
72.09.690 - Pepper spray—Plan for use.
72.09.710 - Drug offenders—Notice of release or escape.
72.09.716 - Prisoner escape, release, or furlough—Requests for notification.
72.09.718 - Prisoner escape, release, or furlough—Notification as additional requirement.
72.09.720 - Prisoner escape, release, or furlough—Consequences of failure to notify.
72.09.730 - Schools—Notice to designated recipient of offender release.
72.09.745 - Security threat groups—Information collection.
72.09.750 - Access to reentry programs and services for wrongly convicted persons.
72.09.755 - Department of corrections—Use of screening and assessment process.
72.09.760 - Facility commissary program—Access.
72.09.765 - Inmate access to telecommunication services—Contracting—Reporting.
72.09.770 - Unexpected fatality review—Records—Discovery.
72.09.775 - Body scanner program—Report to the governor and legislature.
72.09.900 - Effective date—1981 c 136.
72.09.902 - Construction—1981 c 136.
72.09.903 - Savings—1981 c 136.
72.09.904 - Construction—1999 c 196.
72.09.905 - Short title—1999 c 196.
72.09.906 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.