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2024 Prison Conditions/Oversight Bills

PASSED HOUSE AND SENATE, APPROVED BY THE GOVERNOR

HB 159 Correctional and juvenile correctional facilities; use of canines, prohibited acts. (PASSED HOUSE AND SENATE)
Introduced by: Holly M. Seibold [D]
Makes it unlawful for any correctional officer or other employee of a state correctional facility who is permitted to handle canines to use a patrol or security canine in any state correctional facility unless such correctional officer or other employee (i) reasonably believes that the use of a patrol or security canine is immediately necessary to protect any prisoner or any officer or employee from the threat of serious bodily injury or death or (ii) has the prior approval of the warden or a supervisor to use a patrol or security canine to intervene in an altercation, fight, or other incident between three or more prisoners. The bill also makes it unlawful for any juvenile correctional officer or other employee of juvenile correctional facility to use a patrol or security canine in any juvenile correctional facility. The bill specifies that such provisions shall not apply to the training or use of detector canines or detector canine handlers.
01/18/24  House: Subcommittee recommends reporting with substitute (6-Y 0-N)

01/26/24  House: Reported from Public Safety with substitute (22-Y 0-N)
01/26/24  House: Referred to Committee on Appropriations

01/26/24  House: Assigned App. sub: Transportation & Public Safety
01/26/24  House: Reported from Public Safety with substitute (22-Y 0-N)
01/26/24  House: Referred to Committee on Appropriations

01/31/24  House: Subcommittee recommends reporting (8-Y 0-N)

02/02/24  House: Reported from Appropriations (22-Y 0-N)

02/07/24  House: Committee substitute agreed to 24105546D-H1

02/08/24  House: Read third time and passed House (82-Y 15-N)

02/09/24  Senate: Referred to Committee on Rehabilitation and Social Services

02/16/24  Senate: Reported from Rehabilitation and Social Services (14-Y 0-N)

02/20/24  Senate: Passed Senate (40-Y 0-N)

02/26/24  House: Bill text as passed House and Senate (HB159ER)

02/26/24  House: Bill text as passed House and Senate (HB159ER)
02/26/24  House: Signed by Speaker
02/28/24  Senate: Signed by President

03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24  Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

03/20/24  Governor: Approved by Governor-Chapter 99 (effective 7/1/24)

Go to bill.

HB 313 Office of the State Inspector General; investigations of abuse or neglect.

Introduced by: Patrick A. Hope [D]

Directs the Office of the State Inspector General to (i) develop a plan to fulfill its statutory obligation to fully investigate all complaints it receives alleging abuse, neglect, or inadequate care at a state psychiatric hospital and (ii) submit such plan to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2024. The bill also requires the Office to submit an annual report to the General Assembly on or before November 1 of each year regarding the number of such complaints received and the number of complaints that were fully investigated by the Office.

01/05/24  House: Referred to Committee on Health and Human Services

01/17/24  House: Assigned sub: Behavioral Health

02/01/24  House: Subcommittee recommends reporting with amendments (8-Y 0-N)
02/01/24  House: Subcommittee recommends referring to Committee on Rules

02/06/24  House: Reported from Health and Human Services with amendment(s) (22-Y 0-N)

02/08/24  House: Read third time and passed House (63-Y 34-N)
02/08/24  House: VOTE: Passage (63-Y 34-N)

02/09/24  House: Committee amendment agreed to
02/12/24  House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/12/24  House: VOTE: Block Vote Passage (100-Y 0-N)

02/13/24  Senate: Referred to Committee on Education and Health

02/22/24  Senate: Reported from Education and Health with amendment (14-Y 0-N)

02/26/24  Senate: Passed Senate with amendment (40-Y 0-N)

02/28/24  House: Senate amendment agreed to by House (100-Y 0-N)
02/28/24  House: VOTE: Adoption (100-Y 0-N)

03/05/24  House: Bill text as passed House and Senate (HB313ER)
03/05/24  House: Signed by Speaker
03/07/24  Senate: Signed by President

03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
04/08/24  Governor: Approved by Governor-Chapter 638 (effective 7/1/24)

Go to bill.

HB 555 Corrections Ombudsman, Office of the Department of; created, annual report.
Introduced by: Patrick A. Hope [D]
Creates, within the Office of the State Inspector General, the Office of the Department of Corrections Ombudsman (the Office) headed by an Ombudsman who is selected by the State Inspector General. The bill creates the Corrections Oversight Committee (the Committee) made up of four members of the General Assembly, nine nonlegislative citizen members appointed by the Governor, subject to criteria described in the bill, and two nonvoting members, appointed as described in the bill, who monitor the activities of the Ombudsman and the Department of Corrections (the Department). The bill provides the Office with authority to conduct inspections at least once every three years and more often when warranted of Department facilities and requires the Office to establish a statewide toll-free telephone number, website, mailing address, and paper and electronic forms for inmates, family members, friends, and advocates to submit complaints and inquiries. In addition, the bill requires the Committee to hold at least two public hearings per year and requires the Office to submit an annual report to be made available online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, the Committee, and the Director of the Department. The bill directs the Office to develop a short-term and long-term strategic plan and to provide a report on its initial activities and strategic plan to the Governor and the General Assembly on or before November 15, 2025. This bill is identical to SB 456.
01/09/24  House: Referred to Committee on Public Safety

01/18/24  House: Subcommittee recommends reporting (6-Y 0-N)
01/18/24  House: Subcommittee recommends referring to Committee on Appropriations
01/19/24  House: Reported from Public Safety (21-Y 0-N)
01/19/24  House: Referred to Committee on Appropriations

01/21/24  House: Assigned App. sub: Transportation & Public Safety

01/31/24  House: Subcommittee recommends reporting with amendments (8-Y 0-N)

02/02/24  House: Reported from Appropriations with amendment(s) (22-Y 0-N)

02/07/24  House: Committee amendments agreed to
02/07/24  House: Engrossed by House as amended HB555E
02/08/24  House: VOTE: Block Vote Passage (98-Y 0-N)

02/09/24  Senate: Referred to Committee on Rehabilitation and Social Services

02/16/24  Senate: Reported from Rehabilitation and Social Services with substitute (12-Y 0-N)
02/16/24  Senate: Rereferred to Finance and Appropriations

02/28/24  Senate: Reported from Finance and Appropriations with substitute (15-Y 0-N)
3/01/24  Senate: Rehabilitation and Social Services Committee substitute rejected 24107788D-S1
03/01/24  Senate: Finance and Appropriations Committee substitute agreed to 24108484D-S2
03/01/24  Senate: Engrossed by Senate - committee substitute HB555S2
03/01/24  Senate: Passed Senate with substitute (40-Y 0-N)
03/04/24  House: Senate substitute rejected by House 24108484D-S2 (6-Y 92-N)
03/04/24  House: VOTE: REJECTED (6-Y 92-N)

03/05/24  Senate: Senate insisted on substitute (40-Y 0-N)
03/05/24  Senate: Senate requested conference committee
03/06/24  House: House acceded to request
03/06/24  House: Conferees appointed by House
03/06/24  House: Delegates: Hope, Cole, Earley
03/07/24  Senate: Conferees appointed by Senate
03/07/24  Senate: Senators: Marsden, Salim, Head
03/07/24  Conference: Amended by conference committee
03/07/24  House: Conference substitute printed 24109026D-H1

03/08/24  House: Conference report agreed to by House (97-Y 0-N)
03/08/24  Senate: Conference report agreed to by Senate (40-Y 0-N)

04/04/24  Governor: Approved by Governor-Chapter 392 (effective 7/1/24)

Go to bill.

PENDING

 

HB 611 Civilian deaths in custody; report.
Introduced by: Marcia S. "Cia" Price [D]

Requires every law-enforcement agency and correctional facility to report to the Department of Criminal Justice Services certain information regarding the death of any person who is detained, under arrest or in the process of being arrested, en route to be incarcerated, incarcerated, or otherwise in the custody of such law-enforcement agency or correctional facility. The bill provides that any law-enforcement agency or correctional facility that fails to comply may, at the discretion of the Department, be declared ineligible for state grants or funds. The bill also requires the Department to analyze the submitted data to determine the means by which such information can be used to reduce the number of such deaths. Finally, the bill requires the Director of the Department to annually report the findings and recommendations resulting from the analysis and interpretation of the data to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2025, and each July 1 thereafter.
01/09/24  House: Referred to Committee on Public Safety

01/16/24  House: Assigned PS sub: Public Safety

02/01/24  House: Subcommittee recommends reporting with substitute (4-Y 2-N)
02/01/24  House: Subcommittee recommends referring to Committee on Appropriations

02/02/24  House: Reported from Public Safety with substitute (20-Y 2-N)
02/02/24  House: Committee substitute printed 24106839D-H1
02/02/24  House: Incorporates HB423 (McQuinn)
02/02/24  House: Referred to Committee on Appropriations
02/02/24  House: Assigned App. sub: Transportation & Public Safety

02/07/24  House: Subcommittee recommends reporting (5-Y 3-N)
02/07/24  House: Reported from Appropriations (13-Y 9-N)

02/12/24  House: Committee substitute agreed to 24106839D-H1

02/13/24  House: Read third time and passed House (94-Y 5-N)

02/14/24  Senate: Referred to Committee for Courts of Justice

02/21/24  Senate: Reported from Courts of Justice (15-Y 0-N)
02/21/24  Senate: Rereferred to Finance and Appropriations

02/29/24  Senate: Reported from Finance and Appropriations with substitute (14-Y 0-N)
03/05/24  Senate: Committee substitute agreed to 24108674D-S1
03/05/24  Senate: Engrossed by Senate - committee substitute HB611S1
03/05/24  Senate: Passed Senate with substitute (40-Y 0-N)
03/06/24  House: Senate substitute agreed to by House 24108674D-S1 (94-Y 4-N)
03/06/24  House: VOTE: Adoption (94-Y 4-N)

04/08/24  House: Governor's recommendation received by House
04/08/24  House: Governor's substitute printed 24109250D-H2

Go to bill.

VETOED

HB 161 Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures.
Introduced by: Holly M. Seibold [D]

Provides that no individual incarcerated in a local, regional, or state correctional facility shall be subject to arrest or prosecution for or disciplinary or administrative procedures or penalties related to the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; procurement, sale, secretion, or possession of any chemical compound not lawfully received; intoxication in public; or possession of controlled paraphernalia if such individual seeks or obtains emergency medical attention for himself or another individual experiencing an overdose or is experiencing an overdose and another individual seeks or obtains emergency medical attention for him. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in a good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution or disciplinary procedures or penalties.

01/02/24  House: Referred to Committee for Courts of Justice
01/19/24  House: Assigned Courts sub: Criminal
01/24/24  House: Subcommittee recommends reporting with substitute (7-Y 1-N)
01/24/24  House: Subcommittee recommends referring to Committee on Appropriations

01/26/24  House: Assigned App. sub: Transportation & Public Safety
01/26/24  House: Reported from Courts of Justice with substitute (13-Y 8-N)
01/26/24  House: Referred to Committee on Appropriations

01/31/24  House: Subcommittee recommends reporting (5-Y 3-N)

02/02/24  House: Reported from Appropriations (13-Y 9-N)

02/07/24  House: Committee substitute agreed to 24106108D-H1
02/07/24  House: Engrossed by House - committee substitute HB161H1

02/08/24  House: Read third time and passed House (63-Y 34-N)
02/08/24  House: VOTE: Passage (63-Y 34-N)

02/09/24  Senate: Referred to Committee for Courts of Justice

02/21/24  Senate: Reported from Courts of Justice (9-Y 6-N)

02/27/24  Senate: Passed Senate (21-Y 18-N)

02/27/24  Senate: Passed Senate (21-Y 18-N)
03/04/24  House: Enrolled
03/04/24  House: Bill text as passed House and Senate (HB161ER)

03/04/24  House: Signed by Speaker
03/07/24  Senate: Signed by President

03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
03/20/24  Governor: Vetoed by Governor

03/11/24  Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

03/20/24  Governor: Vetoed by Governor

Go to bill.

VOTED TO CONTINUE TO 2025

HB 1405 Prisoners; Department of Corrections- and jailer-issued identification.
Introduced by: Rae Cousins [D]
Prisoners; Department of Corrections-issued and jailer-issued identification. Provides that the Department of Corrections shall establish a procedure for securing a government-issued identification card, birth certificate, or Social Security card through the Department of Motor Vehicles and that the Department of Motor Vehicles shall expedite the processing of an application submitted by a prisoner for such government-issued identification card and the issuance of such identification. The bill also requires the Department of Corrections, in coordination with the State Board of Local and Regional Jails, the Department of Motor Vehicles, and the State Registrar of Vital Records, to (i) review the processes involved in assisting a prisoner in applying for and obtaining a government-issued identification card, birth certificate, or Social Security card; (ii) identify any obstacles that may interfere with a prisoner obtaining such identification or documents prior to such prisoner's release or discharge; and (iii) issue a report of its findings and recommendations to the General Assembly no later than November 1, 2024.
01/17/24  House: Presented and ordered printed 24105304D  pdf | impact statement
01/17/24  House: Referred to Committee on Public Safety
01/23/24  House: Assigned PS sub: Public Safety
02/01/24  House: Subcommittee recommends reporting with substitute (4-Y 2-N)
02/02/24  House: Reported from Public Safety with substitute (14-Y 8-N)
02/02/24  House: Committee substitute printed 24106848D-H1
02/02/24  House: Incorporates HB1061 (Walker)
02/07/24  House: Committee substitute agreed to 24106848D-H1
02/08/24  House: VOTE: Passage (59-Y 39-N)
02/09/24  Senate: Referred to Committee on Rehabilitation and Social Services

02/23/24  Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
02/23/24  Senate: Rereferred to Finance and Appropriations

02/28/24  Senate: Continued to 2025 in Finance and Appropriations (15-Y 0-N)

Go to bill.

FAILED

HB 726 Use of canines in correctional and juvenile correctional facilities; prohibited acts.
Introduced by: Michael J. Webert [R]

Provides that it is unlawful for any correctional officer or other employee of a state correctional facility or juvenile correctional facility who is permitted to handle canines to use a canine to (i) extract a prisoner from his cell or (ii) intervene in an altercation, fight, or other incident between three or fewer prisoners. The bill provides that the Department of Corrections and the Department of Juvenile Justice shall make public any policies and regulations relating to (a) the use of canines, (b) training requirements for both canines and the handlers of such canines, and (c) the supervision of the officers or employees who are permitted to handle such canines. The bill requires the Department of Corrections and the Department of Juvenile Justice to track all canine uses of force and all incidents in which canines were present or requested for assistance but no canine use of force occurred and to make such information available on the Departments' websites.
01/09/24  House: Referred to Committee on Public Safety

01/16/24  House: Assigned PS sub: Public Safety
01/18/24  House: Subcommittee recommends laying on the table (6-Y 0-N)

02/13/24  House: Left in Public Safety

Go to bill.

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