Panel adopts substitute to limit arbitrary visitation suspensions, preserves appeal and workgroup

The subcommittee adopted a substitute to House Bill 173 aimed at curbing inconsistent or arbitrary suspension of approved visitation at Department of Corrections facilities while preserving safety safeguards.

Delegate Anthony, sponsor of the substitute, told the committee the amendment removes provisions that could create a fiscal impact while keeping core guardrails. “The substitute does three things. It removes anything that could trigger a fiscal impact. It kept the core guardrails around suspension and documentation. It retained a workgroup,” she said. The substitute limits suspension to safety-based reasons tied to visitation conduct, requires documentation and an appeal mechanism, and restores modest human contact while preserving screening, background checks and court-order authority.

Rose Durbin, representing the Department of Corrections, confirmed DOC worked with the patron to refine language. The bill will now be reported as substituted and referred to Senate Finance for further review; the committee recorded Ayes 14, Nays 1 on reporting the substitute. The chair and other senators said the committee’s conversation will inform deliberations in Senate Finance.

The substitute removes mandatory reporting and phased implementation triggers that had created the fiscal concerns, and establishes a workgroup to evaluate future enhancements and report recommendations. No final changes to capacity restoration or procurement were adopted in the substitute adopted by the panel.

Next steps: the bill, as substituted, is referred to Senate Finance for fiscal review and potential further amendment.