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Committee hears bill to consolidate corrections agencies into new Department of Corrections; legal and funding questions raised
Summary
Lawmakers discussed HB 1115, which would combine multiple corrections-related entities into a new Department of Corrections reporting to a Board of Correction. Committee members raised concerns about use-of-force language, appointment mechanics, funding sources and the Parole Board's statutory duties; no final vote was taken.
The Senate State Agencies and Governmental Affairs Committee held an extended briefing on HB 1115, a proposed consolidation that would create a new Department of Corrections by combining community corrections, the existing Department of Corrections, the Parole Board, the Sentencing Commission and related entities.
A staff presenter told the committee that entities covered by the proposal would report to a Board of Correction rather than a secretary and that the secretary’s appointment language is altered under Amendment 33. Solomon Graves, legislative liaison for the Department of Corrections, told the committee: “There are some legal issues regarding the use of force against individuals who do not have a felony conviction,” noting such questions are reflected in departmental use-of-force policies.
Representative Davis and other members pressed for clarification on several statutory provisions. Members identified passages that appear to retain older language (including a provision stating correctional officers would not use deadly force unless a prisoner is charged with or convicted of a misdemeanor) and asked staff to verify intent and clean up references to divisions and revenue offices. Graves and staff also said the department maintains special revenues, including an inmate welfare fund and work-release rent payments, rather than being funded solely from general revenue.
Committee members discussed appointment mechanics and legislative input. One member suggested adding legislative consultation or retention language for secretaries; staff said they plan to include Senate confirmation for secretaries in the consolidated package and that salary and position ranges will be addressed in a companion/general provisions bill. The committee did not hold a vote on HB 1115 during this meeting; staff said bureau edits and a separate consolidated filing will be prepared before the committee considers final action.
