HOUSE CONCURRENT RESOLUTION NO. 23

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HCR023...............................by JUDICIARY, RULES AND ADMINISTRATION
PRISON INCARCERATION ALTERNATIVES - STUDY - Stating findings of the
Legislature and authorizing the Legislative Council to appoint a committee
to undertake and complete a study of alternatives to prison incarceration
for certain offenders and release alternatives and practices.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/12    3rd rdg - ADOPTED - 66-0-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kendell, Lake, Langford, Loertscher, Mader, McKague,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan(Block), Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bruneel, Kellogg, Kunz, Marley
    Floor Sponsors -- Boe & Bieter
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                             HOUSE CONCURRENT RESOLUTION NO. 23
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
  3        APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY  REGARDING  ALTERNA-
  4        TIVES  TO PRISON INCARCERATION FOR CERTAIN OFFENDERS, AND RELEASE ALTERNA-
  5        TIVES AND PRACTICES INCLUDING, BUT NOT LIMITED TO, GOOD  TIME  CREDIT  AND
  6        PAROLE OPTIONS.
                                                                        
  7    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
  8        WHEREAS,  recent  events  have  raised issues concerning confidence of the
  9    American public in regard  to  prison  incarceration,  release  practices  and
 10    parole options for certain classes of offenders; and
 11        WHEREAS,  there  is  a  need  to review the various alternatives to prison
 12    incarceration, release practices and parole options, particularly in light  of
 13    the  data  indicating  the effective handling of certain cases assigned to the
 14    state drug courts; and
 15        WHEREAS, for certain types of offenders, such as first time  drug  offend-
 16    ers, various alternatives may exist to prison incarceration including, but not
 17    limited  to, monitored in-home custody, counseling, community work centers and
 18    secure treatment facilities; and
 19        WHEREAS, further study of transition aftercare alternatives  is  necessary
 20    to deter recidivism; and
 21        WHEREAS,  in  other  states,  such  as  the  state  of Utah, a cooperative
 22    arrangement has been reached between various county jails and the  state  cor-
 23    rectional  facilities,  making  it possible for the courts to sentence certain
 24    felony offenders to incarceration in county jails. This alternative to  prison
 25    incarceration  allows  inmates to remain in their communities near their fami-
 26    lies and jobs; and
 27        WHEREAS, the Idaho Legislature is actively seeking alternatives to enhance
 28    the effectiveness of incarceration and release practices in the most  cost-ef-
 29    fective and responsible manner while ensuring community protection and punish-
 30    ment sufficient to constitute a deterrent effect in order to discourage repeat
 31    offenses.
 32        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 33    of  the  Fifty-sixth  Idaho  Legislature, the House of Representatives and the
 34    Senate concurring therein, that  the  Legislative  Council  is  authorized  to
 35    appoint  a  committee  to  undertake  and  complete a study of alternatives to
 36    prison incarceration for certain offenders, and release alternatives and prac-
 37    tices including, but not limited to, good time credit and parole options.  The
 38    committee's  study  shall include various alternatives to prison incarceration
 39    including, but not limited to, monitored in-home custody,  counseling,  commu-
 40    nity  work  centers  and secure treatment facilities, transition aftercare and
 41    use of county jail facilities for incarceration of certain felons. The commit-
 42    tee is authorized to review alternatives aimed  at  deterring  recidivism  and
 43    enhancing the effectiveness of incarceration and release practices in the most
 44    cost-effective and responsible manner. The Legislative Council shall determine
                                                                        
                                           2
                                                                        
  1    the number of legislators and membership from each house appointed to the com-
  2    mittee  and  shall authorize the committee to receive input, advice and assis-
  3    tance from interested and affected parties who are not members of the legisla-
  4    ture.
  5        BE IT FURTHER RESOLVED that nonlegislative members of the committee may be
  6    appointed by the cochairs of the committee who are appointed by  the  Legisla-
  7    tive  Council.  Nonlegislative  members of the advisory committee shall not be
  8    reimbursed from legislative funds for per diem, mileage or other expenses  and
  9    shall  not have voting privileges regarding the committee's recommendations or
 10    proposed legislation.
 11        BE IT FURTHER RESOLVED that the committee shall report its findings,  rec-
 12    ommendations  and  proposed legislation, if any, to the Second Regular Session
 13    of the Fifty-sixth Idaho Legislature.

Statement of Purpose / Fiscal Impact



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                      STATEMENT OF PURPOSE
                                
                            RS 11093
                                
This legislation would create an interim committee to study
alternatives to incarceration and inmate release practices. The
committee would explore such issues as electronic monitoring,
substance abuse treatment centers, contracts with county jails, 
drug courts, and parole and good time release practices with
recommendations to the 2002 session of the Legislature.

                           FISCAL IMPACT

If this resolution is adopted by the Legislature and the committee 
is appointed by Legislative Council, any necessary legislator travel
and per diem expense would be paid from the existing appropriation 
to the Legislative Council for the Legislative Services Office. 
There would be no additional impact upon the state general fund as 
a result of this resolution. The findings and recommendations of the 
committee could result in considerable savings to the taxpayers.

Contact
Name:  David Bieter, Donna Boe
Phone: 332 1000




STATEMENT OF PURPOSE/FISCAL NOTE                   HCR 2