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Committee approves changes to align prisoner grievance rules and litigation timing
Summary
House Bill 193 would synchronize the administrative-grievance procedures and prison litigation rules; the committee reported the bill favorably after questions about exhaustion and judicial review.
House Bill 193, which makes procedural changes to how incarcerated people file grievances and pursue litigation, was reported favorably by the House Civil Law and Procedure Committee on May 13.
Representative Amity, sponsor, said the bill "deals with the procedures for the incarcerated to file grievances" and seeks to harmonize the Corrections Administrative Remedy Procedure (CARP) and the Prison Litigation Reform Act (PLRA). Alex Rheinboth, director of litigation in the attorney general's office, told members the bill "brings conformity between these two statutory systems that regulate grievances by prisoners to apply the same rules in both sections."
Committee members asked detailed questions about exhaustion of administrative remedies and how and when courts should dismiss suits filed prematurely. Witnesses and staff explained that exhaustion timelines are set by Department of Corrections regulations and that, under the proposed changes, suits filed while administrative remedies remain pending would be dismissed without prejudice so the prisoner may complete the administrative process; suits filed after the exhaustion window has closed could be dismissed with prejudice.
The committee recorded one objection on the final motion and then completed a roll-call vote, which the clerk recorded as 7 yes and 2 no, to report HB193 favorably. Members said the changes are intended to create consistent handling of prison grievances across statutory sections and to make explicit that suits filed prematurely do not interrupt prescription.
