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Bill would let corrections contact victims when incarcerated people seek name changes; committee hears 'may' vs. 'shall' debate
Summary
Senate Bill 65 would allow the Department of Corrections to notify victims when a person in custody petitions to change their name. DOC said the change fills an engagement gap; senators debated whether notification should be mandatory ('shall') or require reasonable efforts.
Senate Bill 65, sponsored by Sen. Shelly Vance, would give the Department of Corrections statutory authority to contact defined victims when an incarcerated person files to change their name. The bill’s text refers to victims as defined in statutory citation 46-18-243 and aims to let victims provide input to courts considering name-change petitions.
Scott Eichner, the Department of Corrections’ rehabilitation programs chief, told the committee that victim engagement is routine in many DOC processes but does not currently occur when incarcerated individuals seek a name change. "This would give us the ability to reach out to victims and make them aware that their offender intends to change their name," Eichner said, adding that victims could provide input to the court during that process.
Committee discussion focused on whether the bill’s permissive language ('may') should be changed to a mandatory duty ('shall') or to require reasonable efforts to reach victims. Senator Smith, who has experience as a prosecutor, asked whether the department would support changing 'may' to 'shall'; Eichner said the department would consult with the sponsor but suggested language requiring reasonable attempts to contact victims would be workable because victims can be difficult to locate.
Other senators asked whether the bill would create operational burdens or unrealistic expectations if the department were compelled to contact victims in cases where locations or contact information are unknown. DOC indicated it could support language requiring 'reasonable efforts' or 'shall attempt' to notify victims rather than an absolute mandate that could be impossible in some cases.
Senator Vance closed, asking the committee to consider the bill and indicating openness to an amendment that would require an attempt or reasonable-effort standard. The committee closed the hearing with the record open for potential amendment language to clarify the department’s responsibilities.
