Chairman Clamine told the House Judiciary Committee that he fears Senate Bill 2128's sentencing changes would remove incentives for rehabilitation, and he asked legislative counsel to prepare further amendments and a study of the Parole Board and parole process before the committee acts.
"This bill ... kinda reminds me of that. It's almost like we have to put that sign on the gate of the state pen," Clamine said, quoting the Dante line "Abandon all hope, ye who enter here," to capture his view that the measure could reduce prisoners' hope for eventual release. The bill would establish a 50% requirement for some offenders to serve half their sentence unless they qualify as an "eligible offender" under a list of cross-referenced offenses; the committee discussed how that interacts with an existing 85% rule for violent offenders.
Clamine said the committee has received differing statistics from the Attorney General's office and the Department of Corrections and Rehabilitation and said the panel is in a position to resolve those conflicts. He circulated proposed amendments from multiple sources — including legislative counsel, the Attorney General's office and an outside conservative group (CPAC) — and asked members to review them before the committee reconvenes after the floor session.
Fiscal and capacity concerns dominated the discussion. Clamine told members the fiscal note attached to SB 2128 totals roughly $22.5 million per biennium (about $45 million over two biennia) and questioned where the state would house people if sentences lengthen. "Our state prison is full," he said. He noted county jails are at capacity and recalled prior requests for roughly $250 million for county jail construction or improvement that were not funded. Clamine also referenced a prior $80 million prison expansion.
Outside proposals and specifics discussed:
- CPAC offered an amendment addressing absconding from transitional centers that would require tracking devices and includes a $600,000 appropriation to pay for monitoring equipment.
- Multiple proposed amendment packets from the Attorney General and others are under consideration; Clamine said one congressman’s (Representative Johnston's) suggestions were merged into the draft he distributed.
Committee members pressed for more information. Representative Overson asked whether increases in violent crime were driven by people who moved into the state or by in‑state residents; Clamine said that a broader study in the budget for the Department of Corrections could examine such trends. Representative Wade asked whether offenders are being released early in apparent conflict with the 85% rule and whether the Parole Board is responsible for early releases.
Clamine noted that parole decisions rest with the Parole Board, not the Department of Corrections, and said the committee needs a study of the parole process in addition to the Department of Corrections study now in the budget. "It's not the Department of Corrections that's letting people out. It's the Parole Board that does it," Clamine said, noting the Parole Board has six members though "only three of them work at a time." He said he will ask legislative counsel to prepare a study and that the committee will consider adding it as an amendment to SB 2128 or the appropriations bill.
The committee agreed to recess for the floor session and to return to consider proposed amendments and the requested study. Clamine said the committee's deadline to act with a fiscal note is Wednesday.
Ending: Committee members will review printed amendments and the legislative-counsel study request; no vote was taken on SB 2128 during the session.