The bill amends existing laws regarding disciplinary hearings for individuals in partial and total confinement or serving community custody terms. Key changes include the requirement that any alleged violations of community custody conditions must be proven by a preponderance of the evidence. This standard is also applied to hearings for alleged violations of disciplinary rules in total and partial confinement, ensuring that if an individual is found not guilty, no disciplinary sanctions will be imposed. Additionally, the bill mandates that the Department of Corrections adopt rules to implement these changes and create a structured violation process that includes presumptive sanctions and definitions for low and high-level violations.

Furthermore, the bill outlines the procedures for conducting hearings related to high-level violations, including the rights of offenders during these hearings, such as the right to be present, to have assistance, and to appeal sanctions. It also specifies that the department must provide written notice of alleged violations and the evidence supporting them. The bill emphasizes the importance of a fair and transparent system linking inmate behavior to earned early release days and privileges, ensuring that the system is understandable to offenders and the public. The new provisions are set to take effect on January 1, 2026.

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