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Evergreen Ledger

ESSB 5873

In Committee

Senate

DOC/escorted leave

Concerning escorted leaves of absence for incarcerated individuals.

This status may be delayed. See Action History below for the latest updates.

How does a bill become law?
  1. Introduced: The bill is filed and assigned a number.
  2. Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
  3. Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
  4. Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
  5. Governor: The Governor reviews the bill and decides whether to sign or veto it.
  6. Signed: The bill has been signed into law.
Introduced: January 19, 2026
Last Action: March 12, 2026
Status: S Rules 3
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AI Analysis

This analysis was generated by AI and may contain errors. It is not legal advice. Always refer to the official bill text for authoritative information.
People & CommunitiesPeople-leaningCorporate & Wealthy Interests

This bill expands the reasons incarcerated individuals in Washington state may be granted escorted leave, including for reentry preparation and broader family connections, while maintaining strict limits on travel and requiring cost recovery in certain cases. It also broadens the definition of 'immediate family' to include more relatives and partners.

  • Expands the definition of 'immediate family' to include stepchildren, grandchildren, great grandchildren, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and spouses or state-registered domestic partners.
  • Adds a new category of escorted leave for participation in reentry programs to receive mentorship and prepare for successful release.
  • Clarifies that community service work during escorted leaves is only available to nonviolent offenders and only when requested by a local community.
  • Prohibits incarcerated individuals on escorted leave from leaving Washington state.
  • Requires the Department of Corrections to create rules for granting and supervising leaves, and to require reimbursement for costs unless the individual and family are indigent for funeral/bedside visits.

Who is affected

  • Incarcerated individuals — Incarcerated individuals in Washington state prisons may now be eligible for escorted leaves for more reasons, including attending funerals, visiting seriously ill family members, receiving medical care not available in prison, participating in reentry programs, or doing community service (if nonviolent).
  • Families of incarcerated individuals — Families of incarcerated individuals may benefit if their loved one is granted leave to attend a funeral or visit a seriously ill relative, and may be protected from being billed for costs if they are indigent.
  • Local communities — Local communities may gain volunteer support from nonviolent incarcerated individuals participating in approved community service projects during escorted leaves.
  • Washington State Department of Corrections (DOC) — The Washington State Department of Corrections (DOC) must update policies and procedures for granting and supervising escorted leaves, including verifying family relationships and managing costs.
Effective: July 28, 2026Fiscal impact: The bill prohibits state funds from being spent on escorted leaves for funerals or bedside visits unless the incarcerated individual and their family are indigent and unable to pay; the DOC may require reimbursement for other types of leaves, but the bill does not specify new funding or cost savings.
Model: Intel/Qwen3-Coder-Next-int4-AutoRoundGenerated: Mar 19, 2026 at 9:24 PM

Pro/Con Analysis

Stronger case for benefits

Potential Benefits (5)

  • Broadening the definition of 'immediate family' and protecting indigent families from billing for compassionate leave significantly reduces emotional and financial hardship for low- and middle-income families during critical life events—especially important for communities with high incarceration rates and limited resources.

    Rights & LibertiesPeopleRef: Sec. 1, expanded 'immediate family' definition (stepchildren, grandchildren, aunts, uncles, etc.); Sec. 2 (indigency exemption for funeral/bedside visits)

  • Adding reentry mentorship as a purpose for escorted leave aligns with evidence that structured reentry preparation reduces recidivism—especially when combined with community service, which builds community ties and accountability during transition.

    Public SafetyPeopleRef: Sec. 1, new subsection (6) (reentry program leave); Sec. 1, new subsection (5) (community service work for nonviolent offenders)

  • Allowing nonviolent incarcerated individuals to perform community service at the request of local communities may provide low-cost volunteer labor for public projects (e.g., park maintenance, senior center support) while fostering community reintegration—without increasing state costs for supervision beyond existing DOC protocols.

    Local GovernmentPeopleRef: Sec. 1, new subsection (5) (community service work); Sec. 2 (prohibition on out-of-state travel)

  • The restriction of community service to nonviolent offenders and requirement that projects be requested by local communities reduces risk to employers and local governments—while potentially expanding workforce development pathways for incarcerated individuals with low-level offenses.

    Business & EmploymentPeopleRef: Sec. 1, new subsection (5) (community service work for nonviolent offenders only); Sec. 1, new subsection (6) (reentry program leave)

  • Maintaining the in-state travel restriction and requiring reimbursement only when individuals/families can afford it helps preserve public safety while avoiding undue fiscal burden on the state—balancing humanitarian goals with fiscal responsibility.

    Public SafetyPeopleRef: Sec. 2 (prohibition on out-of-state travel); Sec. 2 (reimbursement rulemaking with indigency exception)
Potential Concerns (5)

  • Expanding escorted leave to include reentry programs may improve post-release outcomes, but the bill does not require evidence-based program design, quality control, or outcome tracking—raising risk of ineffective or poorly supervised programming that fails to reduce recidivism.

    Public SafetyPeopleRef: Sec. 1, new subsection (6) (reentry program leave); Sec. 2 (cost reimbursement rulemaking)

  • The bill requires reimbursement for most escorted leaves (e.g., reentry, medical, athletic, community service), but only protects indigent families from billing for funeral/bedside visits—meaning low-income families may still face bills for other approved leaves, potentially deterring participation.

    FinancialPeopleRef: Sec. 2 (cost reimbursement clause, including indigency exception for subsections (1) and (2) only)

  • Allowing nonviolent incarcerated individuals to perform community service outside prison may benefit local communities, but the bill does not require background screening, trauma-informed supervision, or liability coverage—raising potential public safety and legal exposure risks for host communities.

    Public SafetyPeopleRef: Sec. 1, new subsection (5) (community service work); Sec. 1, new subsection (6) (reentry program leave)

  • Expanding the definition of 'immediate family' improves access to compassionate leave, but the restriction to in-state travel may prevent families from reuniting during critical end-of-life or funeral events when relatives live out of state—disproportionately affecting low-income families who cannot afford airfare or time off work to travel to Washington.

    Rights & LibertiesLean peopleRef: Sec. 1, expanded definition of 'immediate family'; Sec. 2 (state boundary restriction)

  • The bill shifts administrative and supervisory burdens to local communities for community service projects and to counties for enforcement of reimbursement claims—potentially straining underfunded local justice and community services without state funding support.

    Local GovernmentLean peopleRef: Sec. 2 (rulemaking authority for reimbursement and supervision)

Who Is Most Affected

Low-income incarcerated individuals and their familiesPositive Impact

Low-income incarcerated individuals and their families benefit most: expanded family definitions and indigency protections reduce emotional and financial hardship during critical life events. However, those with non-indigent status may still face out-of-pocket costs for non-funeral/bedside leaves.

Nonviolent incarcerated individualsPositive Impact

Nonviolent incarcerated individuals gain access to structured reentry preparation and community service opportunities, which may improve post-release outcomes. Violent or high-risk individuals see no change in eligibility.

Local governments and community organizationsMixed Impact

Local communities may gain volunteer labor for public projects and benefit from reduced recidivism if reentry programs are effective—but may face administrative burdens and liability risks if supervision is inadequate.

Washington State Department of CorrectionsNegative Impact

The DOC must develop new rules and supervision protocols, increasing administrative workload and potential liability exposure, especially for community service and reentry programs. No new funding is provided to offset these costs.

Middle-income families of incarcerated individualsNegative Impact

Families with moderate income (above indigency thresholds) may be billed for escorted leave costs, creating financial strain—especially for those traveling long distances or needing multiple trips. Wealthier families face no such burden.