The bill amends existing laws regarding disciplinary hearings for individuals in partial and total confinement or serving community custody terms. It establishes that any alleged violations of community custody conditions must be proven by a preponderance of the evidence, both in hearings for total confinement and partial confinement. If an incarcerated individual is found not guilty of a violation, no disciplinary sanctions will be imposed. Additionally, the bill mandates that the Department of Corrections adopt rules to implement these provisions and ensures that the system linking inmate behavior to earned early release days aligns with the new standards set forth in the bill.

Furthermore, the bill outlines the procedures for handling low and high-level violations, including the imposition of sanctions and the rights of offenders during hearings. It specifies that offenders are entitled to written notice of alleged violations, the right to a hearing, and the opportunity to appeal sanctions. The bill also clarifies that the department is not liable for decisions made regarding the elevation of violations unless there is reckless disregard involved. The new provisions aim to create a more structured and fair disciplinary process within the correctional system, with an effective date set for January 1, 2026.

Statutes affected:
Original Bill: 9.94A.737, 72.09.130
Substitute Bill: 9.94A.737, 72.09.130