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S1484aa..............................................by JUDICIARY AND RULES
CRIME VICTIMS - Amends existing law to clarify that notice of a hearing
must be given to crime victims by the prosecuting attorney when a release
on probation is being considered following a period of retained
jurisdiction.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
03/02 Rpt out - to 14th Ord
03/12 Rpt out amen - to engros
03/13 Rpt engros - 1st rdg - to 2nd rdg as amen
2nd rdg - to 3rd rdg as amen
03/16 Rls susp - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sorensen
Title apvd - to House
03/17 House intro - 1st rdg as amen - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/20 Rls susp - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Sali, Taylor, Wood
Floor Sponsor - Bruneel
Title apvd - to Senate
03/23 To enrol - rpt enrol - Pres signed
03/24 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 356
Effective: 07/01/98
S1484|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1484, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO RIGHTS OF CRIME VICTIMS; AMENDING SECTION 19-5306, IDAHO CODE, TO 3 CLARIFY THAT NOTICE OF A HEARING MUST BE GIVEN TO CRIME VICTIMS BY THE 4 PROSECUTING ATTORNEY WHEN A RELEASE ON PROBATION IS BEING CONSIDERED FOL- 5 LOWING A PERIOD OF RETAINED JURISDICTION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-5306, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-5306. RIGHTS OF VICTIM DURING INVESTIGATION ,AND10PROSECUTION , AND DISPOSITION OF THE CRIME. (1) Each victim 11 of a criminal or juvenile offense shall be: 12 (a) Treated with fairness, respect, dignity and privacy throughout the 13 criminal justice process; 14 (b) Permitted to be present at all criminal justice proceedings or juve- 15 nile proceedings including probation proceedings ; 16 (c) Entitled to a timely disposition of the case; 17 (d) Given prior notification of trial court, appellate , probation 18 and parole proceedings and, upon request, to information about the 19 sentence, incarceration , placing on probation or release of 20 the defendant; 21 (e) Heard, upon request, at all criminal justice proceedings considering 22 a plea of guilty, sentencing, incarceration , placing on probation 23 or release of the defendant unless manifest injustice would result; 24 (f) Afforded the opportunity to communicate with the prosecution in crim- 25 inal or juvenile offenses, and be advised of any proposed plea agreement 26 by the prosecuting attorney prior to entering into a plea agreement in 27 criminal or juvenile offenses involving crimes of violence, sex crimes or 28 crimes against children; 29 (g) Allowed to refuse an interview, ex parte contact or other request by 30 the defendant or any other person acting on behalf of the defendant, 31 unless such request is authorized by law; 32 (h) Consulted by the presentence investigator during the preparation of 33 the presentence report and have included in that report a statement of the 34 impact which the defendant's criminal conduct had upon the victim and 35 shall be allowed to read, prior to the sentencing hearing, the presentence 36 report relating to the crime. The victim shall maintain the confidential- 37 ity of the presentence report, and shall not disclose its contents to any 38 person except statements made by the victim to the prosecuting attorney or 39 the court; 40 (i) Assured the expeditious return of any stolen or other personal prop- 41 erty by law enforcement agencies when no longer needed as evidence; 42 (j) Notified whenever the defendant or suspect is released or escapes 43 from custody. When release is ordered prior to final conviction, notice to 2 1 the victim shall be given by the law enforcement authority from whose cus- 2 tody the defendant was released. When the release is granted subsequent 3 to a final conviction, notice shall be given to the victim by the law 4 enforcement authority from whose custody the defendant was released unless 5 release is granted by the commission of pardons and parole, in which case 6 the commission shall notify the victim. When a release on probation 7 is being considered following a period of retained jurisdiction, notice of 8 the hearing shall be given to the victim by the prosecuting attorney. 9 10 (2) Upon the filing of a criminal complaint or juvenile petition, the 11 prosecuting attorney shall inform the victim of the various opportunities pro- 12 vided by this section. The victim may exercise any of the rights provided by 13 this section by completing a written request on a form provided by the prose- 14 cuting attorney to the clerk of the district court. The clerk thereafter shall 15 notify the appropriate authorities of the victim's requests. Notice thereaf- 16 ter shall be given to the victim at the address provided unless the victim 17 subsequently provides a different address. The victim's address shall be kept 18 confidential by the court except for carrying out the provisions of this chap- 19 ter. 20 (3) The provisions of this section shall apply equally to the immediate 21 families of homicide victims or immediate families of victims of such youthful 22 age or incapacity as precludes them from exercising these rights personally. 23 The court may designate a representative from the immediate family to exercise 24 these rights on behalf of a deceased, incapacitated, or minor victim. 25 (4) Nothing in this section shall be construed to authorize a court to 26 dismiss a case, to set aside or void a finding of guilt or an acceptance of a 27 plea of guilty, or to obtain appellate, habeas corpus, or other relief from 28 any criminal judgment, for a violation of the provisions of this section; nor 29 be construed as creating a cause of action for money damages, costs or 30 attorney's fees against the state, a county, a municipality, any agency, 31 instrumentality or person; nor be construed as limiting any rights for victims 32 previously conferred by statute; nor be construed to require the court 33 appointment of legal counsel or the payment of transportation costs. 34 (5) As used in this section: 35 (a) "Victim" is an individual who suffers direct or threatened physical, 36 financial or emotional harm as the result of the commission of a crime or 37 juvenile offense; 38 (b) "Criminal offense" is any charged felony or a misdemeanor involving 39 physical injury, or the threat of physical injury, or a sexual offense; 40 (c) "Juvenile offense" is charged conduct that is a violation of law that 41 brings a juvenile within the purview of chapter 5, title 20, Idaho Code, 42 and which conduct committed by a juvenile would be a felony if committed 43 by an adult.
STATEMENT OF PURPOSE
RS 07992
The purpose of this legislation is to assure the rights of victims at reconsideration
proceedings in cases of retained jurisdiction. In 1996, 2,104 inmates were released
from state correctional facilities. Of this total, 1,177 or 55.9% were released from
retained jurisdiction to probation status. Because of the large number, there is great
potential of a victim being overlooked at reconsideration proceedings if the
execution of a judgment is suspended and the court retains jurisdiction for a period of
time.
FISCAL IMPACT
None.
Contact:
Senator Shiela Sorensen
332-1 332
Statement of Purpose/Fiscal Impact
S1484