Should the Legislature have oversight of rules for inmates at the state prison?

A House committee is currently considering HB 192, a bill that would give the Legislature oversight of rules at the state prison.

Most state agencies have to submit proposed rules to a legislative committee for approval. The Department of Corrections does not.

A violation of due process?

Chris Dornin, cofounder of Citizens for Criminal Justice Reform, helped craft HB 192. He argues that many rules and procedures in the Department of Corrections (DOC) deprive inmates of their right to due process.

For example, the DOC has an Administrative Review Committee, made of up health care professionals, that is responsible for evaluating the progress of sex offenders in prison. The Administrative Review Committee makes recommendations to the Parole Board, which the Parole Board almost always follows. According to Dornin, the committee does not hear from inmates, inmates never see the committee rulings, and the committee does not share much data about inmates with the Parole Board.

The Administrative Review Committee is one reason why most sex offenders serve beyond their minimum sentences.

"Every prison policy should go before the Joint Legislative Committee on Administrative Rules. That’s not much to ask. Every other state agency submits to this important oversight. It could prevent a slew of problems. The flawed treatment program for people convicted of sexual offenses is just one of them."

- Chris Dornin

A matter of public safety?

Historically the Department of Corrections has not had to submit its rules to the Legislature because it can effect public safety. For example, prisoners and the public might use information about prison procedures to "game the system."

A spokesman for the Department of Corrections also said this past summer that the Department of Corrections is working on rules for the Administrative Review Committee, and plans to voluntarily submit those rules to the Legislature.

Others argue that inmates, particularly sex offenders, had their chance for due process in court. The state has no obligation to be more accommodating while they serve their sentences.

Have your say

Do you think the Legislature should have oversight of rules for inmates at the state prison? Share your opinion in the comments below.