SSB 5490
In CommitteeSenate
Jail searches/gender
Providing parameters for conducting searches of transgender and intersex individuals confined in a local jail in compliance with federal law.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill establishes new rules for how local jails in Washington must conduct searches of transgender and intersex individuals to protect their dignity and safety, aligning with federal law and state non-discrimination principles. It requires jails to offer choices about who conducts searches, train staff respectfully, and avoid searches based solely on assigned sex at birth or facility gender designation.
- Jails must develop policies for searching transgender and intersex individuals that comply with the federal Prison Rape Elimination Act and this law, by September 1, 2025.
- Searches may not be conducted solely to determine an individual’s genital status; genital status may only be determined through conversation, medical records, or as part of a broader medical exam conducted privately by a medical professional.
- Staff must be trained to conduct searches of transgender and intersex individuals in a professional, respectful, and least-intrusive way, consistent with security needs.
- Searches must follow one of four options: (i) conducted only by a medical professional; (ii) by female staff only; (iii) based on the individual’s stated preference for staff gender; or (iv) in accordance with the individual’s gender identity.
- Transgender and intersex individuals must be able to shower, use restrooms, and change clothes without being viewed by opposite-gender staff—except in emergencies or during routine cell checks—and opposite-gender staff must announce their presence when entering housing units.
- Strip searches of transgender, gender nonconforming, or intersex individuals must be conducted by staff of the same gender *unless* the individual chooses otherwise or exigent circumstances exist (e.g., immediate security threat).
Who is affected
- Transgender, intersex, and gender nonconforming individuals in local jails — Transgender, intersex, and gender nonconforming individuals held in local jails will have greater control over who conducts searches of them, including the right to choose staff gender, request medical professionals, or have searches aligned with their gender identity.
- Local jail administrators and staff — Jail administrators must create and implement new search policies by September 1, 2025, and ensure staff receive training on respectful, least-intrusive search practices for transgender and intersex individuals.
- Medical staff working in jails — Medical professionals (e.g., physicians, nurses, physician assistants) may be asked to conduct searches instead of correctional staff, and will need to follow updated protocols for body cavity searches.
- State and local correctional oversight agencies — State and local agencies responsible for oversight of jails (e.g., Department of Corrections, county sheriffs) must ensure compliance with the new standards.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
By prohibiting searches conducted solely to determine genital status and requiring searches to be conducted in private, with medical professionals where appropriate, and respecting individual gender identity, the bill reduces the risk of sexual assault and trauma—factors that correlate with increased behavioral incidents and institutional instability in jails.
Public SafetyPeopleRef: Sec. 1(1)(a), Sec. 1(1)(d), Sec. 2(8)Mandatory staff training on respectful, least-intrusive search practices for transgender and intersex individuals improves professionalism, reduces liability exposure, and supports safer facility operations by decreasing tensions and conflicts arising from discriminatory or insensitive treatment.
Public SafetyPeopleRef: Sec. 1(1)(b), Sec. 1(4)The bill strengthens constitutional protections by requiring that searches respect dignity and gender identity, aligning with the Fourth Amendment’s protection against unreasonable searches and the Fourteenth Amendment’s guarantee of equal protection—reducing the risk of successful civil rights litigation against jails.
Rights & LibertiesPeopleRef: Sec. 1(1)(c)(i), Sec. 1(1)(d), Sec. 2(2)The requirement to offer multiple search options—including medical-only, female-only, or gender-identity-aligned searches—empowers individuals to assert control over their bodily integrity while still permitting jails to meet legitimate security needs, balancing liberty and safety.
Rights & LibertiesLean peopleRef: Sec. 1(1)(c)(ii), Sec. 1(1)(c)(iv), Sec. 2(8)(b), Sec. 2(8)(d)
Potential Concerns (1)
The bill grants transgender, intersex, and gender nonconforming individuals in jails the right to choose the gender of staff conducting searches and to have searches aligned with their gender identity, reducing the risk of psychological harm, humiliation, and sexual assault during incarceration.
Rights & LibertiesPeopleRef: Sec. 1(1)(c)(iii), Sec. 2(8)(a)
Who Is Most Affected
Transgender, intersex, and gender nonconforming individuals in local jails are the primary beneficiaries: they gain autonomy over searches, reduced exposure to sexual violence, and respect for their gender identity—directly improving safety and dignity during incarceration.
Jail administrators and staff face new obligations—policy development, staff training, and operational adjustments—but gain clearer legal standards that reduce liability and improve institutional legitimacy. The burden is modest and offset by improved safety and reduced litigation risk.
Medical staff may be asked to perform searches more frequently, but the bill explicitly limits their role to private, clinically appropriate settings and protects them from civil liability when following protocol—making the net impact neutral to slightly positive.
State and local oversight agencies (e.g., sheriffs, DOH, corrections oversight bodies) gain clearer statutory authority to enforce compliance and reduce systemic legal risk, but must invest in monitoring and technical assistance—net neutral to slightly positive.
Law enforcement agencies that transport individuals to local jails may see reduced liability exposure when transferring individuals whose treatment in custody complies with this law, but the bill does not directly regulate their conduct—minimal impact.