SENATE BILL NO. 1096

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S1096...................................................by JUDICIARY AND RULES
JUVENILES - CUSTODY REVIEW BOARD - Amends and adds to existing law to provide
that records of the Custody Review Board of the Idaho Department of Juvenile
Corrections shall be exempt from disclosure; to provide that meetings of the
board shall be held in accordance with open meeting laws; to provide
exceptions; to provide for the confidentiality of certain records; to provide
a penalty for the improper disclosure of confidential records; to limit
applicability of the section; and to authorize executive sessions of the
Custody Review Board.
                                                                        
02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
      McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Noble
    Floor Sponsor - Lodge
    Title apvd - to House
02/25    House intro - 1st rdg - to Jud
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Tilman
    Floor Sponsor - Ellsworth
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 164
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1096
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING  SECTION  9-340B,
  3        IDAHO  CODE,  TO  PROVIDE  THAT RECORDS OF THE CUSTODY REVIEW BOARD OF THE
  4        IDAHO DEPARTMENT OF JUVENILE CORRECTIONS SHALL BE EXEMPT FROM  DISCLOSURE;
  5        AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
  6        20-533A,  IDAHO CODE, TO PROVIDE THAT MEETINGS OF THE CUSTODY REVIEW BOARD
  7        SHALL BE HELD IN ACCORDANCE WITH OPEN MEETING LAWS, TO PROVIDE EXCEPTIONS,
  8        TO PROVIDE FOR THE CONFIDENTIALITY OF  CERTAIN  RECORDS  PRODUCED  BY  THE
  9        BOARD,  TO  PROVIDE  A  PENALTY  FOR  IMPROPER  DISCLOSURE OF CONFIDENTIAL
 10        RECORDS AND TO LIMIT APPLICABILITY OF THE SECTION;  AND  AMENDING  SECTION
 11        67-2345, IDAHO CODE, TO AUTHORIZE EXECUTIVE SESSIONS OF THE CUSTODY REVIEW
 12        BOARD.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION  1.  That  Section  9-340B, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 17    TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY  RESPONSE  PLANS,  WOR-
 18    KER'S COMPENSATION. The following records are exempt from disclosure:
 19        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 20    tion  9-337(6),  Idaho  Code, under the conditions set forth in section 9-335,
 21    Idaho Code.
 22        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
 23    20, Idaho Code, except that facts contained in such records shall be furnished
 24    upon  request  in a manner determined by the court to persons and governmental
 25    and private agencies and institutions conducting pertinent research studies or
 26    having a legitimate interest in the protection, welfare and treatment  of  the
 27    juvenile  who  is  thirteen  (13)  years of age or younger. If the juvenile is
 28    petitioned or charged with  an offense which would be a  criminal  offense  if
 29    committed  by an adult, the name, offense of which the juvenile was petitioned
 30    or charged and disposition of the court shall be subject to disclosure as pro-
 31    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
 32    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
 33    be furnished upon request  to  any  school  district  where  the  juvenile  is
 34    enrolled or is seeking enrollment.
 35        (3)  Records  of the custody review board of the Idaho department of juve-
 36    nile corrections, including records containing the names, addresses and  writ-
 37    ten  statements  of  victims  and family members of juveniles, shall be exempt
 38    from public disclosure pursuant to section 20-533A, Idaho Code.
 39        (4)  (a) The following records of the department of correction:
 40             (i)   Records of which the public interest in confidentiality, public
 41             safety, security and habilitation clearly outweighs the public inter-
 42             est in disclosure as identified pursuant  to  the  authority  of  the
 43             Idaho board of correction under section 20-212, Idaho Code;
                                                                        
                                           2
                                                                        
  1             (ii)  Records that contain any identifying information, or any infor-
  2             mation  that  would lead to the identification of any victims or wit-
  3             nesses;
  4             (iii) Records that reflect future transportation  or  movement  of  a
  5             prisoner;
  6             (iv)  Records  gathered during the course of the presentence investi-
  7             gation;
  8             (v)   Records of a prisoner, as defined in  section  9-337(9),  Idaho
  9             Code,  or probationer shall not be disclosed to any other prisoner or
 10             probationer.
 11        (b)  Records of buildings, facilities, infrastructures and systems held by
 12        or  in  the  custody of any public agency only when the disclosure of such
 13        information would jeopardize the safety of persons or the  public  safety.
 14        Such  records  may include emergency evacuation, escape or other emergency
 15        response plans, vulnerability assessments, operation and security manuals,
 16        plans, blueprints or security codes. For purposes of this section "system"
 17        shall mean electrical, heating, ventilation, air conditioning and telecom-
 18        munication systems.
 19        (c)  Records of the commission of pardons and parole shall be exempt  from
 20        public  disclosure  pursuant  to  section 20-213A, Idaho Code, and section
 21        20-223, Idaho Code. Records exempt  from  disclosure  shall  also  include
 22        those containing the names, addresses and written statements of victims.
 23        (45)  Voting  records  of  the  sexual  offender  classification board. In
 24    accordance with section 18-8315, Idaho Code, the written record of the vote to
 25    classify an offender as a violent sexual predator by each board member in each
 26    case reviewed by that board member shall be exempt from disclosure to the pub-
 27    lic and shall be made available upon request only to the governor, the  chair-
 28    man of the senate judiciary and rules committee, and the chairman of the house
 29    of representatives judiciary, rules and administration committee, for all law-
 30    ful purposes.
 31        (56)  Records  of the sheriff or Idaho state police received or maintained
 32    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 33        (67)  Records of investigations prepared by the department of  health  and
 34    welfare pursuant to its statutory responsibilities dealing with the protection
 35    of children, the rehabilitation of youth, adoptions and the commitment of men-
 36    tally ill persons.
 37        (78)  Records  including,  but  not  limited  to,  investigative  reports,
 38    resulting from investigations conducted into complaints of discrimination made
 39    to  the  Idaho  human rights commission unless the public interest in allowing
 40    inspection and copying of such records outweighs the legitimate public or pri-
 41    vate interest in maintaining confidentiality of such  records.  A  person  may
 42    inspect  and copy documents from an investigative file to which he or she is a
 43    named party if such documents are not otherwise prohibited from disclosure  by
 44    federal law or regulation or state law. The confidentiality of this subsection
 45    will  no longer apply to any record used in any judicial proceeding brought by
 46    a named party to the complaint or investigation, or by the Idaho human  rights
 47    commission, relating to the complaint of discrimination.
 48        (89)  Records  containing information obtained by the manager of the Idaho
 49    state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or  on
 50    behalf of employers or employees contained in underwriting and claims for ben-
 51    efits files.
 52        (910)  The  worker's  compensation records of the Idaho industrial commis-
 53    sion provided that the industrial commission shall make  such  records  avail-
 54    able:
 55        (a)  To  the  parties in any worker's compensation claim and to the indus-
                                                                        
                                           3
                                                                        
  1        trial special indemnity fund of the state of Idaho; or
  2        (b)  To employers and prospective employers subject to the  provisions  of
  3        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
  4        limitations, who certify that the  information  is  being  requested  with
  5        respect  to a worker to whom the employer has extended an offer of employ-
  6        ment and will be used in accordance with the provisions of  the  Americans
  7        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
  8        (c)  To employers and prospective employers not subject to the provisions
  9        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
 10        tory limitations, provided the employer presents a  written  authorization
 11        from the person to whom the records pertain; or
 12        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 13        inspection and copying of such records outweighs  the  public  or  private
 14        interest in maintaining the confidentiality of such records, as determined
 15        by a civil court of competent jurisdiction.
 16        (101) Records  of  investigations  compiled  by  the  commission  on aging
 17    involving vulnerable adults,  as  defined  in  section  18-1505,  Idaho  Code,
 18    alleged to be abused, neglected or exploited.
 19        (112) Criminal  history  records  and  fingerprints, as defined by section
 20    67-3001, Idaho Code, and compiled by the  Idaho  state  police.  Such  records
 21    shall be released only in accordance with chapter 30, title 67, Idaho Code.
 22        (123) Records  furnished  or  obtained  pursuant to section 41-1019, Idaho
 23    Code, regarding termination of an appointment, employment, contract  or  other
 24    insurance business relationship between an insurer and a producer.
 25        (134) Records of a prisoner or former prisoner in the custody of any state
 26    or  local  correctional facility, when the request is made by another prisoner
 27    in the custody of any state or local correctional facility.
 28        (145) Except as provided in section 72-1007, Idaho Code,  records  of  the
 29    Idaho  industrial  commission relating to compensation for crime victims under
 30    chapter 10, title 72, Idaho Code.
                                                                        
 31        SECTION 2.  That Chapter 5, Title 20, Idaho Code,  be,  and  the  same  is
 32    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 33    ignated as Section 20-533A, Idaho Code, and to read as follows:
                                                                        
 34        20-533A.  COMPLIANCE WITH OPEN MEETING LAW --  EXECUTIVE  SESSIONS  AUTHO-
 35    RIZED  --  CONFIDENTIALITY  OF RECORDS. (1) All meetings of the custody review
 36    board of the Idaho department of juvenile corrections shall be held in  accor-
 37    dance  with  the  open  meeting law as provided in chapter 23, title 67, Idaho
 38    Code, provided however:
 39        (a)  Deliberations and decisions of the board concerning whether or not  a
 40        juvenile shall be held in custody of the Idaho department of juvenile cor-
 41        rections  for an extended period of time past his or her nineteenth birth-
 42        day may be made in executive session; and
 43        (b)  Votes of individual members in custody decisions shall  not  be  made
 44        public,  provided  that  the board shall maintain a record of the votes of
 45        the individual members as required in subsection (2) of this section.
 46        (2)  A written record of the vote to retain the juvenile in custody for an
 47    extended period of time by each board member in each  case  reviewed  by  that
 48    member  shall be produced by the board. Such record shall be kept confidential
 49    and privileged from disclosure, provided the record shall  be  made  available
 50    upon  request  to the governor, the chairman of the senate judiciary and rules
 51    committee and the chairman of the house of  representatives  judiciary,  rules
 52    and administration committee for all lawful purposes.
 53        (3)  A  board  member or employee of the Idaho department of juvenile cor-
                                                                        
                                           4
                                                                        
  1    rections who distributes to any person not specifically listed in this section
  2    any hearing information or records that are legally required to be kept confi-
  3    dential shall be guilty of a misdemeanor.
  4        (4)  Nothing contained in this  section  shall  prevent  any  person  from
  5    obtaining  the  results  of  any  action by the board or director of the Idaho
  6    department of juvenile corrections without reference to the  manner  in  which
  7    any  member  voted,  and  the  board shall make such information public unless
  8    doing so would violate public records laws.
  9        (5)  Nothing contained in this section shall prevent the director,  desig-
 10    nated  staff  of  the director, the governor, the chairman of the senate judi-
 11    ciary and rules committee or the chairman  of  the  house  of  representatives
 12    judiciary,  rules  and  administration  committee  from attending any meeting,
 13    including any executive session, of the custody review board.
                                                                        
 14        SECTION 3.  That Section 67-2345, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        67-2345.  EXECUTIVE  SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
 17    this act shall be construed to prevent, upon a two-thirds (2/3) vote  recorded
 18    in the minutes of the meeting by individual vote, a governing body of a public
 19    agency from holding an executive session during any meeting, after the presid-
 20    ing officer has identified the authorization under this act for the holding of
 21    such executive session. An executive session may be held:
 22        (a)  To  consider hiring a public officer, employee, staff member or indi-
 23        vidual agent. This paragraph does not apply to filling  a  vacancy  in  an
 24        elective office;
 25        (b)  To  consider the evaluation, dismissal or disciplining of, or to hear
 26        complaints or charges brought against, a public officer,  employee,  staff
 27        member or individual agent, or public school student;
 28        (c)  To  conduct deliberations concerning labor negotiations or to acquire
 29        an interest in real property which is not owned by a public agency;
 30        (d)  To consider records that are exempt from disclosure  as  provided  in
 31        chapter 3, title 9, Idaho Code;
 32        (e)  To  consider  preliminary  negotiations involving matters of trade or
 33        commerce in which the governing body is in competition with governing bod-
 34        ies in other states or nations;
 35        (f)  To consider and advise its legal representatives in  pending  litiga-
 36        tion or where there is a general public awareness of probable litigation;
 37        (g)  By the commission of pardons and parole, as provided by law;
 38        (h)  By  the  sexual offender classification board, as provided by chapter
 39        83, title 18, Idaho Code;
 40        (i)  By the custody review board of the Idaho department of juvenile  cor-
 41        rections, as provided by law.
 42        (2)  Labor  negotiations  may  be conducted in executive session if either
 43    side requests closed  meetings.  Notwithstanding  the  provisions  of  section
 44    67-2343,  Idaho  Code,  subsequent  sessions  of the negotiations may continue
 45    without further public notice.
 46        (3)  No executive session may be held for the purpose of taking any  final
 47    action or making any final decision.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12891

Amend 67-2345, Idaho Code, to allow the custody review board of
the Idaho Department of Juvenile Corrections to conduct an
executive session, when authorized by law; amend 9-340B, Idaho
Code, to exempt from disclosure certain records of the custody
review board; add a new section, 20-533A, stating the duties of
the custody review board to comply with open meeting laws, hold
executive sessions and retain confidential reports of
proceedings, to be available to certain parties.
                                
                                
                         FISCAL IMPACT
No fiscal impact






  CONTACT
  Name:   Brent D. Reinke
  Agency: Idaho Department of Juvenile Corrections
  Phone:  334-5100 ext. 254
  
  Statement of Purpose/Fiscal Impact                   S 1096

                          FISCAL IMPACT



Contact
Name:  
Phone:  




STATEMENT OF PURPOSE/FISCAL NOTE                         Bill No.