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S1232aa..............................................by JUDICIARY AND RULES
CORRECTION DEPARTMENT - OPERATIONS MANUALS - Amends existing law to provide
that operations manuals of the Department of Correction shall be exempt
from disclosure; to define "operations manual"; and to revise the records
of the Commission of Pardons and Parole that are exempt from disclosure.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
03/02 Rpt out - to 14th Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth
NAYS--None
Absent and excused--Burtenshaw, Noh, Parry, Richardson, Twiggs
Floor Sponsor - Ingram
Title apvd - to House
03/09 House intro - 1st rdg as amen - to Jud
S1232|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1232, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, AS ADDED BY 3 SECTION 3, HOUSE BILL NO. 93, ENACTED BY THE FIRST REGULAR SESSION OF THE 4 FIFTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE THAT OPERATIONS MANUALS OF THE 5 DEPARTMENT OF CORRECTION SHALL BE EXEMPT FROM DISCLOSURE, TO DEFINE 6 "OPERATIONS MANUALS" AND TO REVISE THE RECORDS OF THE COMMISSION OF PAR- 7 DONS AND PAROLE THAT ARE EXEMPT FROM DISCLOSURE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 9-340B, Idaho Code, as added by Section 3, House 10 Bill No. 93, enacted by the First Regular Session of the Fifty-fifth Idaho 11 Legislature, be, and the same is hereby amended to read as follows: 12 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 13 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 14 exempt from disclosure: 15 (1) Investigatory records of a law enforcement agency, as defined in sec- 16 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 17 Idaho Code. 18 (2) Juvenile records of a person maintained pursuant to chapter 5, title 19 20, Idaho Code, except that facts contained in such records shall be furnished 20 upon request in a manner determined by the court to persons and governmental 21 and private agencies and institutions conducting pertinent research studies or 22 having a legitimate interest in the protection, welfare and treatment of the 23 juvenile who is thirteen (13) years of age or younger. If the juvenile is 24 petitioned or charged with an offense which would be a criminal offense if 25 committed by an adult, the name, offense of which the juvenile was petitioned 26 or charged and disposition of the court shall be subject to disclosure as pro- 27 vided in section 20-525, Idaho Code. Additionally, facts contained in any 28 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 29 be furnished upon request to any school district where the juvenile is 30 enrolled or is seeking enrollment. 31 (3)RecordsOperations manuals of the depart- 32 ment of correction .or"Operations manuals" 33 are those internal documents of any department of correction's facility that 34 define the procedure utilized to maintain security within the facility. 35 Records of the commission of pardons and paroleto the extent36that disclosure thereof would interfere with the secure and orderly conduct of37their operations, or the rehabilitation of any person in the custody of the38department of correction or on parole, or would substantially prejudice or39prevent the carrying out of the functions of the department of correction or40the commission of pardons and parole if the public interest in confidentiality41clearly outweighs the public interest in disclosure.shall be 42 exempt from public disclosure pursuant to section 20-213A, Idaho Code. 43 Records exempt from disclosure shall include, but not be limited to, those 2 1 containing the names and addresses of witnesses or victims or those containing 2 information identifying victims or witnesses. 3 (4) Voting records of the sexual offender classification board. In accor- 4 dance with section 18-8315, Idaho Code, the written record of the vote to 5 classify an offender as a violent sexual predator by each board member in each 6 case reviewed by that board member shall be exempt from disclosure to the pub- 7 lic and shall be made available upon request only to the governor, the chair- 8 man of the senate judiciary and rules committee, and the chairman of the house 9 of representatives judiciary, rules and administration committee, for all law- 10 ful purposes. 11 (5) Records of the sheriff or department of law enforcement received or 12 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 13 or licensee. 14 (6) Records of investigations prepared by the department of health and 15 welfare pursuant to its statutory responsibilities dealing with the protection 16 of children, the rehabilitation of youth, adoptions and the commitment of men- 17 tally ill persons. 18 (7) Records including, but not limited to, investigative reports, result- 19 ing from investigations conducted into complaints of discrimination made to 20 the Idaho human rights commission unless the public interest in allowing 21 inspection and copying of such records outweighs the legitimate public or pri- 22 vate interest in maintaining confidentiality of such records. A person may 23 inspect and copy documents from an investigative file to which he or she is a 24 named party if such documents are not otherwise prohibited from disclosure by 25 federal law or regulation or state law. The confidentiality of this subsection 26 will no longer apply to any record used in any judicial proceeding brought by 27 a named party to the complaint or investigation, or by the Idaho human rights 28 commission, relating to the complaint of discrimination. 29 (8) Records containing information obtained by the manager of the Idaho 30 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 31 behalf of employers or employees contained in underwriting and claims for ben- 32 efits files. 33 (9) The worker's compensation records of the Idaho industrial commission 34 provided that the industrial commission shall make such records available: 35 (a) To the parties in any worker's compensation claim and to the indus- 36 trial special indemnity fund of the state of Idaho; or 37 (b) To employers and prospective employers subject to the provisions of 38 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 39 limitations, who certify that the information is being requested with 40 respect to a worker to whom the employer has extended an offer of employ- 41 ment and will be used in accordance with the provisions of the Americans 42 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 43 (c) To employers and prospective employers not subject to the provisions 44 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 45 tory limitations, provided the employer presents a written authorization 46 from the person to whom the records pertain; or 47 (d) To others who demonstrate that the public interest in allowing 48 inspection and copying of such records outweighs the public or private 49 interest in maintaining the confidentiality of such records, as determined 50 by a civil court of competent jurisdiction. 51 (10) Records of investigations compiled by the commission on aging involv- 52 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 53 be abused, neglected or exploited.
AS1232|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ingram Seconded by Davis IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1232 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 40, following "disclosure.3" insert: " shall be exempt from public disclosure pursuant to sec- 4 tion 20-213A, Idaho Code. ", and also in line 40, delete "Records5" and insert: "Records"; delete lines 41 through 43 and on page 2, 6 delete line 1 and insert: "exempt from disclosure shall include, but not be 7 limited to, those containing the names and addresses of witnesses or victims 8 or those containing information identifying victims or witnesses.".
STATEMENT OF PURPOSE
RS 09062
The purpose of this is to clarify that operations manuals of the
Department of Correction shall be exempt from disclosure, to
ensure that procedures utilized to maintain security within
corrections facilities are not disclosed directly or indirectly
to inmates. The bill deletes unnecessary and vague language
currently in the code, and conforms the code with existing code
sections regarding records of the Commission of Pardons and
Parole that are exempt from disclosure.
FISCAL NOTE
There will be no fiscal impact.
CONTACT: Debora Kristensen, Rocky Barker, Idaho Press Club
338-8200
Roy Eiguren, Idaho Allied Dailies
388-1313
STATEMENT OF PURPOSE/ FISCAL NOTE
S 1232