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Community Safety Committee reports out five corrections bills affecting supervision, clemency, segregation and hearing standards

2145922 · January 23, 2025
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Summary

At its Jan. 23 meeting the Community Safety Committee reported out five bills with due-pass recommendations covering supervision compliance credits, clemency board composition, administrative segregation limits and discipline hearing standards.

The Community Safety Committee on Jan. 23, 2025, reported out five bills with due-pass recommendations that would change how the Department of Corrections (DOC) awards supervision compliance credit, expand the Clemency and Pardons Board, set reporting and limits on administrative segregation, and lower the burden of proof for certain DOC disciplinary hearings.

The bills matter because they alter both operational practices inside state prisons and procedural standards that affect who may earn time off, how long someone can be held in administrative segregation, and who sits on the state clemency body.

House Bill 1091 was reported out with a due-pass recommendation by voice vote. The bill would prohibit a person from earning supervision compliance credit on any cause being served concurrently with a less-restrictive-alternative (LRA) placement subject to DOC supervision. Committee members said the change is intended to address what supporters called a “supervision cliff” when compliance credit is applied to people not truly in the community. The record shows the committee voice vote was affirmative with all members present voting in favor except Representative Farvar, who was excused.

House Bill 1119, carried at committee request, would modify how compliance with supervision credits is determined and would exclude those granted a governor’s conditional commutation from eligibility. After debate the committee voted by roll call to report the bill out with a due-pass recommendation; the recorded tally was 5 ayes, 3 nays and 1 excused.

Substitute House Bill 1131 would expand the Clemency and Pardons Board from five to 10 members and shift the review language toward whether clemency is “in the interest of justice.” The committee also adopted an amendment replacing the statutory term “offender” with “individual” in reporting provisions. The substitute was reported out by roll call, 5 ayes, 3 nays, 1 excused.

A proposed substitute to House Bill 1137 addresses administrative segregation and disciplinary procedures. The substitute specifies narrower circumstances that may warrant administrative segregation, requires DOC to evaluate policies with a goal of reducing placements to 15 days or less where possible, mandates updates to individuals placed beyond 30 calendar days, and requires secretary-level authorization to extend segregation beyond 45 days. The committee also adopted an amendment requiring DOC to publish an annual report on its use of administrative segregation that must include counts, mean/median lengths of stay and reasons for placements. The substitute was reported out by voice vote; the record shows all present voted in the affirmative with one member excused.

Substitute House Bill 1192 would change the standard of proof used in certain DOC disciplinary hearings from beyond a reasonable doubt to preponderance of the evidence. Supporters argued the change aligns administrative hearings with civil standards and eases burdens created by current statutory language; opponents raised concerns about due process and victims’ interests. The substitute was reported out by voice vote with all present voting aye except one excused member.

Votes at a glance: - House Bill 1091 — reported out with a due-pass recommendation (voice vote; all members present voted aye; Rep. Farvar excused). - House Bill 1119 — reported out with a due-pass recommendation (roll call: 5 ayes, 3 nays, 1 excused). - Substitute House Bill 1131 — reported out with a due-pass recommendation (roll call: 5 ayes, 3 nays, 1 excused). Amendment Lang 076 (replace “offender” with “individual”) adopted. - Substitute House Bill 1137 — reported out with a due-pass recommendation (voice vote; all present voted aye; Rep. Farvar excused). Amendment Lang 077 (annual administrative segregation report) adopted. - Substitute House Bill 1192 — reported out with a due-pass recommendation (voice vote; all present voted aye; Rep. Farvar excused). Amendment Lang 075 (change standard of proof to preponderance for certain disciplinary hearings) adopted.

Committee members debated several bills at length before voting, and two items (1137 and 1192) included sponsor amendments to narrow scope or add reporting requirements. Committee leaders said they would coordinate with members on outstanding concerns as bills move forward to other committees.

The committee then moved into public hearings on two separate bills; those hearings are covered in separate articles.