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S1485................................................by JUDICIARY AND RULES INMATES - Amends existing law to provide that the Commission for Pardons and Parole shall have no authority to commute an inmate's sentence during the determinate portion of the inmate's sentence; and to provide that an inmate may be considered for medical parole only when the prisoner is permanently incapacitated or terminally ill and the Commission for Pardons and Parole believes the prisoner no longer poses a threat to the safety of society. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Jud
S1485|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1485 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COMMUTATIONS AND PAROLE; AMENDING SECTION 20-240, IDAHO CODE, TO 3 PROVIDE THAT THE COMMISSION FOR PARDONS AND PAROLE SHALL HAVE NO AUTHORITY 4 TO COMMUTE AN INMATE'S SENTENCE DURING THE DETERMINATE PORTION OF THE 5 INMATE'S SENTENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 6 20-223, IDAHO CODE, TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR MEDI- 7 CAL PAROLE ONLY WHEN THE PRISONER IS PERMANENTLY INCAPACITATED OR 8 TERMINALLY ILL AND THE COMMISSION FOR PARDONS AND PAROLE BELIEVES THE 9 PRISONER NO LONGER POSES A THREAT TO THE SAFETY OF SOCIETY AND TO MAKE 10 TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 20-240, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 20-240. RESPITES, REPRIEVES, COMMUTATIONS AND PARDONS -- TREASON OR 15 IMPEACHMENT. The governor shall have power to grant respites or reprieves in 16 all cases of convictions for offenses against the state, except treason or 17 imprisonment on impeachment, but such respites or reprieves shall not extend 18 beyond the next session of the commission; and such commission shall at such 19 session continue or determine such respite or reprieve, or may commute or par- 20 don the offense as herein provided. In cases of conviction of treason, the 21 governor shall have the power to suspend the execution of the sentence until 22 the case shall be reported to the legislature at its next regular session, 23 when the legislature shall either pardon or commute the sentence, direct its 24 execution or grant a further reprieve. The commission shall have full and 25 final authority to grant commutations and pardons except with respect to sen- 26 tences for murder, voluntary manslaughter, rape, kidnapping, lewd and lascivi- 27 ous conduct with a minor child, and manufacture or delivery of controlled sub- 28 stances. The commission shall conduct commutation and pardon proceedings pur- 29 suant to rulesand regulationsadopted in accordance with law and 30 may attach such conditions as it deems appropriate in granting pardons or com- 31 mutations. With respect to commutations and pardons for the offenses named 32 above, the commission's determination shall only constitute a recommendation 33 subject to approval or disapproval by the governor. No commutation may 34 be given until the determinate portion of the inmate's sentence has been com- 35 pleted. No commutation or pardon for such named offenses shall be 36 effective until presented to and approved by the governor. Any commutation or 37 pardon recommendation not so approved within thirty (30) days of the 38 commission's recommendation shall be deemed denied. 39 SECTION 2. That Section 20-223, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 20-223. PAROLE, RULESAND REGULATIONSGOVERNING -- RESTRIC- 2 1 TIONS -- PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION. (a) Subject to section 2 19-2513, Idaho Code, the commission shall have the power to establish rules, 3regulations,policies or procedures in compliance with chapter 4 52, title 67, Idaho Code, under which any prisoner, excepting any under sen- 5 tence of death, may be allowed to go upon parole but to remain while on parole 6 in the legal custody and under the control of the board and subject to be 7 taken back into confinement at the direction of the commission. 8 (b) No person serving a sentence for rape, incest, committing a lewd act 9 upon a child, crime against nature, or with an intent or an assault with 10 intent to commit any of the said crimes or whose history and conduct indicate 11 to the commission that he is a sexually dangerous person, shall be released on 12 parole except upon the examination and evaluation of one (1) or 13 more psychiatrists or psychologists to be selected by the commission and such 14 evaluation shall be duly considered by the commission in making its parole 15 determination. The commission may, in its discretion, likewise require a simi- 16 lar examination and evaluation for persons serving sentences for crimes other 17 than those above enumerated. No psychiatrist or psychologist making such eval- 18 uation shall be held financially responsible to any person for denial of 19 parole by the commission or for the results of the future acts of such person 20 if he be granted parole. 21 (c) Before considering the parole of any prisoner, the commission shall 22 afford the prisoner the opportunity to be interviewed. A parole shall be 23 ordered only for the best interests of society when the commission reasonably 24 believes that the prisoner no longer poses a threat to the safety of society, 25 not as a reward of clemency and it shall not be considered to be a reduction 26 of sentence or a pardon. A prisoner shall be placed on parole only when 27 arrangements have been made for his employment or maintenance and care, and 28 when the commission believes the prisoner is able and willing to fulfill the 29 obligations of a law-abiding citizen. The commission may also by its rules, 30regulations,policies or procedures fix the times and conditions 31 under which any application denied may be reconsidered. 32 (d) In making any parole or commutation decision with respect to a pris- 33 oner, the commission shall consider the compliance of the prisoner with any 34 order of restitution which may have been entered according to section 19-5304, 35 Idaho Code. The commission may make compliance with such an order of restitu- 36 tion a condition of parole. 37 (e) Except as provided in subsection (a) of this section, no provision of 38 chapter 52, title 67, Idaho Code, shall apply to the commission. 39 (f) Subject to the limitations of this subsection and notwithstanding any 40 fixed term of confinement or minimum period of confinement as provided in sec- 41 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea- 42 sons. A prisoner may be considered for medical parole during the deter- 43 minate portion of the inmate's sentence only when the prisoner is per- 44 manently incapacitated or terminally ill and when the commission reasonably 45 believes the prisoner no longer poses a threat to the safety of society. For 46 the purposes of this section "permanently incapacitated" shall mean a person 47 who, by reason of an existing physical condition which is not terminal, is 48 permanently and irreversibly physically incapacitated. For the purposes of 49 this section "terminally ill" shall mean a person who has an incurable condi- 50 tion caused by illness or disease and who is irreversibly terminally ill. 51 (g) The commission shall prepare and send to the house and senate judi- 52 ciary committees annually a report containing the names, medical condition and 53 current status of all persons granted parole pursuant to subsection (f) of 54 this section.
STATEMENT OF PURPOSE
RS 07978
The purpose of this legislation is to provide that the Commission for Pardons and
Parole shall have no authority to discharge, commute or amend any portion of the
fixed segment of a sentence. A 1986 Constitutional amendment transmuted the
commission's power to commute from constitutional to statutory power. However,
there have been no legislative enactments that limit the power to commute in all
except six classes of cases.
In order to achieve Truth in Sentencing as it was intended, the powers of the
Commission for Pardons and Parole must be further defined by making the fixed
portion of a sentence not subject to reduction. The legislation allows for an
exception only when a prisoner is permanently incapacitated or terminally ill and
believed to no longer pose a threat to society.
Currently, the Commission for Pardons and Parole has used its powers to
commute with great discretion. It is important nonetheless to follow through with the
intent of the Constitutional Amendment of 1986 by defining the Commissions
power to commute a sentence.
FISCAL IMPACT
None
Contact:
Senator Sheila Sorensen
332-1332
Statement of Purpose/Fi seal Impact
S1485