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S1331................................................by JUDICIARY AND RULES PAROLE - Amends existing law relating to parole to reference mental health professionals designated by the Department of Correction for purposes of examination and evaluation; and to provide that no person making an evaluation shall be held financially liable for denial of parole or for future acts of a parolee. 01/31 Senate intro - 1st rdg - to printing 02/01 Rpt prt - to Jud 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burkett Floor Sponsor - Lodge Title apvd - to House 02/15 House intro - 1st rdg - to Jud 03/10 Rpt out - rec d/p - to 2nd rdg 03/13 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Block, Hart, McGeachin Floor Sponsor - Nielsen Title apvd - to Senate 03/23 To enrol 03/24 Rpt enrol - Pres signed - Sp signed 03/27 To Governor 03/30 Governor signed Session Law Chapter 251 Effective: 03/30/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1331 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO REFERENCE MENTAL 3 HEALTH PROFESSIONALS DESIGNATED BY THE DEPARTMENT OF CORRECTION FOR PUR- 4 POSES OF EXAMINATION AND EVALUATION AND TO PROVIDE THAT NO PERSON MAKING 5 AN EVALUATION SHALL BE HELD FINANCIALLY LIABLE FOR DENIAL OF PAROLE OR FOR 6 FUTURE ACTS OF A PAROLEE; AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-223. PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSY- 11 CHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho Code, the com- 12 mission shall have the power to establish rules, policies or procedures in 13 compliance with chapter 52, title 67, Idaho Code, under which any prisoner, 14 excepting any under sentence of death, may be allowed to go upon parole but to 15 remain while on parole in the legal custody and under the control of the board 16 and subject to be taken back into confinement at the direction of the commis- 17 sion. Any prisoner who is granted parole under the interstate compact may be 18 required to post a bond prior to release or prior to such acceptance under the 19 interstate compact; such bond may be posted by the prisoner, the prisoner's 20 family, or other interested party. Failure to successfully complete parole may 21 be grounds for forfeiture of the bond. Upon successful completion of parole, 22 the amount of the bond will be returned, less an amount for administrative 23 costs as determined by commission rule, in compliance with chapter 52, title 24 67, Idaho Code. Funds collected through the bonding process will be placed in 25 a separate commission receipts fund which is hereby created in the state trea- 26 sury, and utilized for the extradition of said parole violators. 27 (b) No person serving a sentence for rape, incest, committing a lewd act 28 upon a child, crime against nature, or with an intent or an assault with 29 intent to commit any of the said crimes or whose history and conduct indicate 30 to the commission that he is a sexually dangerous person, shall be released on 31 parole except upon the examination and evaluation of one (1) or more psychia- 32 trists or psychologists or mental health professionals designated for this 33 purpose by the department of correction to be selected by the commission and 34 such evaluation shall be duly considered by the commission in making its 35 parole determination. The commission may, in its discretion, likewise require 36 a similar examination and evaluation for persons serving sentences for crimes 37 other than those above enumerated. Nopsychiatrist or psychologistperson mak- 38 ing such evaluation shall be held financially responsible to any person for 39 denial of parole by the commission or for the results of the future acts of 40 such person if he be granted parole. 41 (c) Before considering the parole of any prisoner, the commission shall 42 afford the prisoner the opportunity to be interviewed by the commission, a 43 commissioner or other designated commission staff. A designated report pre- 2 1 pared by commission staff or a designated department of correction employee 2 which is specifically to be used by the commission in making a parole determi- 3 nation shall be exempt from public disclosure; such reports contain informa- 4 tion from the presentence investigation report, medical or psychological 5 information, victim information, designated confidential witness information 6 and criminal history information. A parole shall be ordered when, in the dis- 7 cretion of the commission, it is in the best interests of society, and the 8 commission believes the prisoner is able and willing to fulfill the obliga- 9 tions of a law-abiding citizen. Such determination shall not be a reward of 10 clemency and it shall not be considered to be a reduction of sentence or a 11 pardon. The commission may also by its rules, policies or procedures fix the 12 times and conditions under which any application denied may be reconsidered. 13 No action may be maintained against the commission and/or any of its members 14 in any court in connection with any decision taken by the commission to parole 15 a prisoner and neither the commission nor its members shall be liable in any 16 way for its action with respect thereto. 17 (d) In making any parole or commutation decision with respect to a pris- 18 oner, the commission shall consider the compliance of the prisoner with any 19 order of restitution which may have been entered according to section 19-5304, 20 Idaho Code. The commission may make compliance with such an order of restitu- 21 tion a condition of parole. 22 (e) Except as provided in subsection (a) of this section, no provision of 23 chapter 52, title 67, Idaho Code, shall apply to the commission. 24 (f) Subject to the limitations of this subsection and notwithstanding any 25 fixed term of confinement or minimum period of confinement as provided in sec- 26 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea- 27 sons. A prisoner may be considered for medical parole only when the prisoner 28 is permanently incapacitated or terminally ill and when the commission reason- 29 ably believes the prisoner no longer poses a threat to the safety of society. 30 For the purposes of this section "permanently incapacitated" shall mean a per- 31 son who, by reason of an existing physical condition which is not terminal, is 32 permanently and irreversibly physically incapacitated. For the purposes of 33 this section "terminally ill" shall mean a person who has an incurable condi- 34 tion caused by illness or disease and who is irreversibly terminally ill. 35 (g) The commission shall prepare and send to the house and senate judi- 36 ciary committees annually a report containing the names, medical condition and 37 current status of all persons granted parole pursuant to subsection (f) of 38 this section. 39 SECTION 2. An emergency existing therefor, which emergency is hereby 40 declared to exist, this act shall be in full force and effect on and after its 41 passage and approval.
STATEMENT OF PURPOSE RS 15645C1 The purpose of this amendment to Section 20-223, Idaho Code is to comply with the requirements of providing information to the Commission as required by statute at the most efficient costs possible. FISCAL NOTE Currently the Parole Commission must rely on the Department of Correction to provide mental health and psychological evaluations for inmates noted in this Section and other inmates for which the Commission wants such evaluative information on. The Department of Correction has Clinician staff designated who can perform the testing and skills to write evaluation reports to provide the information to the Commission. There is only one Psychologist for the Department of Correction and this person could not conduct all reports required. In 2006, the Commission is looking at 355 psychological reports. Reports done by a psychologist or psychiatrist are done at a cost of $1000 to $1800 per report; this could result in additional costs to the State of $355,000 - $690,000. If Clinicians are allowed to conduct these interviews and provide the evaluative reports, it would be at no additional cost to the Commission or IDOC, as this is part of the normal work tasks of the Clinicians. The Clinicians are currently trained to do the testing required for the evaluation. Contact Name: Olivia Craven, Commission of Pardons & Parole Phone: 334-2520 STATEMENT OF PURPOSE/FISCAL NOTE S 1331