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S1553................................................by JUDICIARY AND RULES
RECORDS - PRISONER - Amends existing law to provide that the right to
inspect and amend records pertaining to oneself does not include the right
to review prisoner records which are maintained by the state or local
agency having custody of the prisoner or by the Commission of Pardons and
Parole; and to provide that certain designated reports before the
Commission of Pardons and Parole be exempt from public disclosure.
03/07 Senate intro - 1st rdg - to printing
03/08 Rpt prt - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ingram
Title apvd - to House
03/16 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 63-1-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Cheirrett, Clark, Crow, Cuddy, Deal, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton,
Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Mr Speaker
NAYS -- Chase
Absent and excused -- Campbell, Denney, Hammond, Kellogg, Loertscher,
Zimmermann
Floor Sponsor - Judd
Title apvd - to Senate
04/03 To enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/14 Governor signed
Session Law Chapter 368
Effective: 07/01/00
S1553
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1553
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS AND THE CRIMINAL JUSTICE SYSTEM; AMENDING SECTION
3 9-337, IDAHO CODE, TO DEFINE THE TERM "PRISONER"; AMENDING SECTION 9-342,
4 IDAHO CODE, TO PROVIDE THE RIGHT TO INSPECT AND AMEND RECORDS PERTAINING
5 TO ONESELF DOES NOT INCLUDE THE RIGHT TO REVIEW RECORDS OF A PRISONER
6 MAINTAINED BY THE STATE OR LOCAL AGENCY HAVING CUSTODY OF THE PRISONER OR
7 BY THE COMMISSION OF PARDONS AND PAROLE AND TO MAKE TECHNICAL CORRECTIONS;
8 AMENDING SECTION 20-223, IDAHO CODE, TO PROVIDE CERTAIN DESIGNATED REPORTS
9 BE EXEMPT FROM PUBLIC DISCLOSURE AND TO MAKE TECHNICAL CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 9-337, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 9-337. DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
14 (1) "Copy" means transcribing by handwriting, photocopying, duplicating
15 machine and reproducing by any other means so long as the public record is not
16 altered or damaged.
17 (2) "Custodian" means the person having personal custody and control of
18 the public records in question. If no such designation is made by the public
19 agency, then custodian means any public official having custody of, control
20 of, or authorized access to public records and includes all delegates of such
21 officials, employees or representatives.
22 (3) "Inspect" means the right to listen, view and make notes of public
23 records as long as the public record is not altered or damaged.
24 (4) "Investigatory record" means information with respect to an identifi-
25 able person, group of persons or entities compiled by a public agency pursuant
26 to its statutory authority in the course of investigating a specific act,
27 omission, failure to act, or other conduct which the public agency has regula-
28 tory authority or law enforcement authority over.
29 (5) "Law enforcement agency" means any state or local agency given law
30 enforcement powers or which has authority to investigate, enforce, prosecute
31 or punish violations of state or federal criminal statutes, ordinances or reg-
32 ulations.
33 (6) "Local agency" means a county, city, school district, municipal cor-
34 poration, district, public health district, political subdivision, or any
35 agency thereof, or any committee of a local agency, or any combination
36 thereof.
37 (7) "Person" means any natural person, corporation, partnership, firm,
38 association, joint venture, state or local agency or any other recognized
39 legal entity.
40 (8) "Prisoner" means a person who has been convicted of a crime and is
41 either incarcerated or on parole for that crime or who is being held in cus-
42 tody for trial or sentencing.
43 (9) "Public agency" means any state or local agency as defined in this
2
1 section.
2 (910) "Public official" means any state, county, local district or govern-
3 mental official or employee, whether elected, appointed or hired.
4 (101) "Public record" includes, but is not limited to, any writing con-
5 taining information relating to the conduct or administration of the public's
6 business prepared, owned, used or retained by any state or local agency
7 regardless of physical form or characteristics.
8 (112) "State agency" means every state officer, department, division,
9 bureau, commission and board or any committee of a state agency including
10 those in the legislative or judicial branch, except the state militia.
11 (123) "Writing" includes, but is not limited to, handwriting, typewriting,
12 printing, photostating, photographing and every means of recording, including
13 letters, words, pictures, sounds or symbols or combination thereof, and all
14 papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
15 or punched cards, discs, drums or other documents.
16 SECTION 2. That Section 9-342, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 9-342. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may
19 inspect and copy the records of a public agency pertaining to that person,
20 even if the record is otherwise exempt from public disclosure.
21 (2) A person may request in writing an amendment of any record pertaining
22 to that person. Within ten (10) days of the receipt of the request, the public
23 agency shall either:
24 (a) Make any correction of any portion of the record which the person
25 establishes is not accurate, relevant, or complete; or
26 (b) Inform the person in writing of the refusal to amend in accordance
27 with the request and the reasons for the refusal, and indicate clearly the
28 person's right to appeal the refusal and the time period for doing so. The
29 procedures for appealing a refusal to amend shall be the same as those set
30 forth in sections 9-343 and 9-344, Idaho Code, and the court may award
31 reasonable costs and attorney's fees to the prevailing party or parties,
32 if it finds that the request for amendment or refusal to amend was frivo-
33 lously pursued.
34 (3) The right to inspect and amend records pertaining to oneself does not
35 include the right to review:
36 (a) Ootherwise exempt investigatory records of a public agency if the
37 investigation is ongoing,;
38 (b) Iinformation that is compiled in reasonable anticipation of a civil
39 action or proceeding which is not otherwise discoverable; or
40 (c) Tthe information relates to adoption records; or
41 (d) Iinformation which is otherwise exempt from disclosure by statute or
42 court rule;
43 (e) Records of a prisoner maintained by the state or local agency having
44 custody of the prisoner or by the commission of pardons and parole.
45 SECTION 3. That Section 20-223, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 20-223. PAROLE, AND RULES AND REGULATIONS GOVERNING -- RESTRICTIONS --
48 PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION. (a) Subject to section 19-2513,
49 Idaho Code, the commission shall have the power to establish rules, regula-
50 tions, policies or procedures in compliance with chapter 52, title 67, Idaho
51 Code, under which any prisoner, excepting any under sentence of death, may be
3
1 allowed to go upon parole but to remain while on parole in the legal custody
2 and under the control of the board and subject to be taken back into confine-
3 ment at the direction of the commission. Any prisoner who is granted parole
4 under the interstate compact may be required to post a bond prior to release
5 or prior to such acceptance under the interstate compact; such bond may be
6 posted by the prisoner, the prisoner's family, or other interested party.
7 Failure to successfully complete parole may be grounds for forfeiture of the
8 bond. Upon successful completion of parole, the amount of the bond will be
9 returned, less an amount for administrative costs as determined by commission
10 rule, in compliance with chapter 52, title 67, Idaho Code. Funds collected
11 through the bonding process will be placed in a separate commission receipts
12 fund which is hereby created in the state treasury, and utilized for the
13 extradition of said parole violators.
14 (b) No person serving a sentence for rape, incest, committing a lewd act
15 upon a child, crime against nature, or with an intent or an assault with
16 intent to commit any of the said crimes or whose history and conduct indicate
17 to the commission that he is a sexually dangerous person, shall be released on
18 parole except upon the examination and evaluation of one (1) or more psychia-
19 trists or psychologists to be selected by the commission and such evaluation
20 shall be duly considered by the commission in making its parole determination.
21 The commission may, in its discretion, likewise require a similar examination
22 and evaluation for persons serving sentences for crimes other than those above
23 enumerated. No psychiatrist or psychologist making such evaluation shall be
24 held financially responsible to any person for denial of parole by the commis-
25 sion or for the results of the future acts of such person if he be granted
26 parole.
27 (c) Before considering the parole of any prisoner, the commission shall
28 afford the prisoner the opportunity to be interviewed by the commission, a
29 commissioner or other designated commission staff. A designated report pre-
30 pared by commission staff or a designated department of correction employee
31 which is specifically to be used by the commission in making a parole determi-
32 nation shall be exempt from public disclosure; such reports contain informa-
33 tion from the presentence investigation report, medical or psychological
34 information, victim information, designated confidential witness information
35 and criminal history information. A parole shall be ordered when, in the dis-
36 cretion of the commission, it is in the best interests of society, and the
37 commission believes the prisoner is able and willing to fulfill the obliga-
38 tions of a law-abiding citizen. Such determination shall not be a reward of
39 clemency and it shall not be considered to be a reduction of sentence or a
40 pardon. The commission may also by its rules, regulations, policies or proce-
41 dures fix the times and conditions under which any application denied may be
42 reconsidered. No action may be maintained against the commission and/or any of
43 its members in any court in connection with any decision taken by the commis-
44 sion to parole a prisoner and neither the commission nor its members shall be
45 liable in any way for its action with respect thereto.
46 (d) In making any parole or commutation decision with respect to a pris-
47 oner, the commission shall consider the compliance of the prisoner with any
48 order of restitution which may have been entered according to section 19-5304,
49 Idaho Code. The commission may make compliance with such an order of restitu-
50 tion a condition of parole.
51 (e) Except as provided in subsection (a) of this section, no provision of
52 chapter 52, title 67, Idaho Code, shall apply to the commission.
53 (f) Subject to the limitations of this subsection and notwithstanding any
54 fixed term of confinement or minimum period of confinement as provided in sec-
55 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea-
4
1 sons. A prisoner may be considered for medical parole only when the prisoner
2 is permanently incapacitated or terminally ill and when the commission reason-
3 ably believes the prisoner no longer poses a threat to the safety of society.
4 For the purposes of this section "permanently incapacitated" shall mean a per-
5 son who, by reason of an existing physical condition which is not terminal, is
6 permanently and irreversibly physically incapacitated. For the purposes of
7 this section "terminally ill" shall mean a person who has an incurable condi-
8 tion caused by illness or disease and who is irreversibly terminally ill.
9 (g) The commission shall prepare and send to the house and senate judi-
10 ciary committees annually a report containing the names, medical condition and
11 current status of all persons granted parole pursuant to subsection (f) of
12 this section.
STATEMENT OF PURPOSE
RS 10245
Reference: 9-337, I.C.: Definitions
9-342, I.C.: Access to records about a person by person
9-20-223, I.C.: Parole
The modification to statutes close some gaps regarding which records can
be exempted from disclosure. The current general statement for the Idaho
Department of Correction(IDOC) and the Commission of Pardons and
Parole(Commission),is very broad.
There is currently no definition in the public records act for a "prisoner",
which this change provides.
Investigations and reports that Commission Hearing Officers and conduct,
and Progress Reports submitted by Social Workers, must contain information
obtained from the Presentence Investigation Report(PSI),along with medical,
psychological, and criminal history information. This information must be
maintained in a confidential manner. The PSI is exempted from disclosure by
Court Rule(Idaho Criminal Rule 32). The new language clarifies that the report
the Commission uses for parole determination contains information from the PSI
and other exempted records, to include victim and certain witness information,
and should be exempt.
FISCAL NOTE
There will be a cost-saving by these amendments.
CONTACT: Roy Eiguren Olivia Craven
Phone:208/388-1200 Commission of Pardons and Parole
Phone: 208/334-2520
STATEMENT OF PURPOSE/ FISCAL NOTE S 1553