DHHS lawyer: providing services across state lines under HB 1108 would not itself violate probation; committee approves bill

The House Human Services Committee voted to give House Bill 1108 a do-pass recommendation after receiving legal clarification that the bill’s provisions would not automatically violate an individual’s probation.

Jonathan Hall, an attorney with the Department of Health and Human Services, told the committee the statute and the bill “would not be a violation of the probation.” He said decisions about probation compliance remain with the probation officer and the court in the specific case, and the bill simply allows out-of-state service arrangements to occur where appropriate.

Representative Rohrer and other members asked whether the bill would create conflicts with Century Code probation provisions; Hall replied that the bill does not automatically create a violation and that the probation officer and court retain discretion to determine where services are provided. With that clarification, the committee moved the bill forward.

On a committee roll call the measure passed with a recorded tally reported as 13 yes, 0 no. Representative Rios was assigned to carry the bill to the House floor.