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H0018aa......................................................by MR. SPEAKER
Requested by: Department of Correction
CORRECTION DEPARTMENT - RECORDS - Amends existing law to provide an
exemption from disclosure for certain records of the Idaho Department of
Correction.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Jud
02/20 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 58-1-11
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
Wheeler, Young, Mr. Speaker
NAYS -- McKague
Absent and excused -- Ellis, Ellworth, Hammond, Jones, Meyer,
Pischner, Roberts, Stone, Swan, Trail, Wood
Floor Sponsor -- Smith
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/05 Rpt out - rec d/p - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 26-9-0
AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Geddes,
Goedde, Keough, King-Barrutia, Lodge, Noh, Risch, Sandy, Sims,
Sorensen, Stegner, Stennett, Thorne, Wheeler
NAYS -- Frasure, Hawkins, Ingram, Ipsen, Lee, Richardson, Schroeder,
Whitworth, Williams
Absent and excused -- None
Floor Sponsor -- Stegner
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
Pres signed
03/22 To Governor
03/26 Governor signed
Session Law Chapter 180
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 18 BY MR. SPEAKER Requested by: Department of Correction 1 AN ACT 2 RELATING TO PUBLIC WRITINGS; AMENDING SECTION 9-335, IDAHO CODE, TO BROADEN 3 THE DEFINITION OF LAW ENFORCEMENT AGENCY TO INCLUDE THE IDAHO DEPARTMENT 4 OF CORRECTION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 5 9-340B, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM DISCLOSURE FOR CERTAIN 6 RECORDS OF THE IDAHO DEPARTMENT OF CORRECTION, TO BROADEN THE RECORDS DIS- 7 CLOSURE EXEMPTION TO INCLUDE SHIFT SUMMARIES, BRIEFINGS OR LOGS, AND TO 8 RESTRICT THE EXEMPTION FOR CERTAIN DOCUMENTS, THE RELEASE OF WHICH COULD 9 JEOPARDIZE THE SAFETY OF CERTAIN PRISONERS OR PERSONS CONFINED. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 9-335, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding 14 any statute or rule of court to the contrary, nothing in this chapter nor 15 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of 16 investigatory records compiled for law enforcement purposes by a law enforce- 17 ment agency, but such exemption from disclosure applies only to the extent 18 that the production of such records would: 19 (a) Interfere with enforcement proceedings; 20 (b) Deprive a person of a right to a fair trial or an impartial adjudica- 21 tion; 22 (c) Constitute an unwarranted invasion of personal privacy; 23 (d) Disclose the identity of a confidential source and, in the case of a 24 record compiled by a criminal law enforcement agency in the course of a 25 criminal investigation, confidential information furnished only by the 26 confidential source; 27 (e) Disclose investigative techniques and procedures; or 28 (f) Endanger the life or physical safety of law enforcement personnel. 29 (2) An inactive investigatory record shall be disclosed unless the dis- 30 closure would violate the provisions of subsection (1)(a) through (f) of this 31 section. Investigatory record as used herein means information with respect to 32 an identifiable person or group of persons compiled by a law enforcement 33 agency in the course of conducting an investigation of a specific act or omis- 34 sion and shall not include the following information: 35 (a) The time, date, location, and nature and description of a reported 36 crime, accident or incident; 37 (b) The name, sex, age, and address of a person arrested, except as 38 otherwise provided by law; 39 (c) The time, date, and location of the incident and of the arrest; 40 (d) The crime charged; 41 (e) Documents given or required by law to be given to the person 42 arrested; 43 (f) Informationsand indictments except as otherwise provided by law; and 2 1 (g) Criminal history reports. 2 As used herein, the term "law enforcement agency" means the office of the 3 attorney general, the office of the state controller, the Idaho state police, 4 the Idaho department of correction, the office of any prosecuting attorney, 5 sheriff or municipal police department. 6 (3) Whenever it is made to appear by verified petition to the district 7 court of the county where the records or some part thereof are situated that 8 certain investigative records are being improperly withheld from a member of 9 the public, the court shall order the officer or person charged with withhold- 10 ing the records to disclose the investigative record or show cause why he 11 should not do so. The court shall decide the case after examining the record 12 in camera, papers filed by the parties, and such oral argument and additional 13 evidence as the court may allow. 14 If the court finds that the public official's decision to refuse disclo- 15 sure is not justified, he shall order the public officialsto make the record 16 public. If the judge determines that the public official was justified in 17 refusing to make the record public, he shall return the item to the public 18 official without disclosing its content with an order supporting the decision 19 refusing disclosure. Any person who fails to obey the order of the court shall 20 be cited to show cause why he is not in contempt of court. The court may, in 21 its discretion, award costs and fees to the prevailing party. 22 SECTION 2. That Section 9-340B, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 25 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 26 exempt from disclosure: 27 (1) Investigatory records of a law enforcement agency, as defined in sec- 28 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335, 29 Idaho Code. 30 (2) Juvenile records of a person maintained pursuant to chapter 5, title 31 20, Idaho Code, except that facts contained in such records shall be furnished 32 upon request in a manner determined by the court to persons and governmental 33 and private agencies and institutions conducting pertinent research studies or 34 having a legitimate interest in the protection, welfare and treatment of the 35 juvenile who is thirteen (13) years of age or younger. If the juvenile is 36 petitioned or charged with an offense which would be a criminal offense if 37 committed by an adult, the name, offense of which the juvenile was petitioned 38 or charged and disposition of the court shall be subject to disclosure as pro- 39 vided in section 20-525, Idaho Code. Additionally, facts contained in any 40 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 41 be furnished upon request to any school district where the juvenile is 42 enrolled or is seeking enrollment. 43 (3) (a)Until July 1, 2001,The following records of the department of 44 correction:to the extent that disclosure thereof would interfere with the45secure and orderly conduct of their operations, or the rehabilitation of46any person in the custody of the department of correction, or would sub-47stantially prejudice or prevent the carrying out of the functions of the48department of correction if the public interest in confidentiality clearly49outweighs the public interest in disclosure.50 (i) Recordsexempt from disclosure shall include, but not be lim-51ited to, those containing the names and addresses of witnesses or52victims or those containingthat contain any identifying information, 53identifyingor any information that would lead to the identification 3 1 of any victims or witnesses; 2 (ii) Records of a subjective nature that contain information related 3 to recommendations and observations of a prisoner or probationer 4 including, but not limited to, contact notes, progress reports, 5 assessments, and individual memoranda, which, if disclosed, would 6 jeopardize professional candor; 7 (iii) Records that reflect future transportation or movement of a 8 prisoner; 9 (iv) Records gathered during the course of the presentence investi- 10 gation; 11 (v) Records of a prisoner, as defined in section 9-337(9), Idaho 12 Code, or probationer shall not be disclosed to any other prisoner or 13 probationer. 14 (b) Operation and security manuals, plans,orcodes, shift summaries or 15 briefings, or logs of county jails and buildings owned or leased by Idaho 16 state government, a county or a city. "Operation manuals" are those inter- 17 nal documents of any state government agency, county or city building or 18 jail that define the procedures utilized to maintain security within the 19 building or jail. "Plans,orcodes, shift summaries or briefings, or logs" 20 relate only to those documents, the release of which could jeopardize the 21 safety of workers in those buildings, prisoners or persons confined in 22 those buildings, or adversely affect the public safety. 23 (c) Records of the commission of pardons and parole shall be exempt from 24 public disclosure pursuant to section 20-213A, Idaho Code, and section 25 20-223, Idaho Code. Records exempt from disclosure shall also include 26 those containing the names, addresses and written statements of victims. 27 (4) Voting records of the sexual offender classification board. In accor- 28 dance with section 18-8315, Idaho Code, the written record of the vote to 29 classify an offender as a violent sexual predator by each board member in each 30 case reviewed by that board member shall be exempt from disclosure to the pub- 31 lic and shall be made available upon request only to the governor, the chair- 32 man of the senate judiciary and rules committee, and the chairman of the house 33 of representatives judiciary, rules and administration committee, for all law- 34 ful purposes. 35 (5) Records of the sheriff or Idaho state police received or maintained 36 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 37 (6) Records of investigations prepared by the department of health and 38 welfare pursuant to its statutory responsibilities dealing with the protection 39 of children, the rehabilitation of youth, adoptions and the commitment of men- 40 tally ill persons. 41 (7) Records including, but not limited to, investigative reports, result- 42 ing from investigations conducted into complaints of discrimination made to 43 the Idaho human rights commission unless the public interest in allowing 44 inspection and copying of such records outweighs the legitimate public or pri- 45 vate interest in maintaining confidentiality of such records. A person may 46 inspect and copy documents from an investigative file to which he or she is a 47 named party if such documents are not otherwise prohibited from disclosure by 48 federal law or regulation or state law. The confidentiality of this subsection 49 will no longer apply to any record used in any judicial proceeding brought by 50 a named party to the complaint or investigation, or by the Idaho human rights 51 commission, relating to the complaint of discrimination. 52 (8) Records containing information obtained by the manager of the Idaho 53 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 54 behalf of employers or employees contained in underwriting and claims for ben- 55 efits files. 4 1 (9) The worker's compensation records of the Idaho industrial commission 2 provided that the industrial commission shall make such records available: 3 (a) To the parties in any worker's compensation claim and to the indus- 4 trial special indemnity fund of the state of Idaho; or 5 (b) To employers and prospective employers subject to the provisions of 6 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 7 limitations, who certify that the information is being requested with 8 respect to a worker to whom the employer has extended an offer of employ- 9 ment and will be used in accordance with the provisions of the Americans 10 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 11 (c) To employers and prospective employers not subject to the provisions 12 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 13 tory limitations, provided the employer presents a written authorization 14 from the person to whom the records pertain; or 15 (d) To others who demonstrate that the public interest in allowing 16 inspection and copying of such records outweighs the public or private 17 interest in maintaining the confidentiality of such records, as determined 18 by a civil court of competent jurisdiction. 19 (10) Records of investigations compiled by the commission on aging involv- 20 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 21 be abused, neglected or exploited. 22 (11) Criminal history records and fingerprints, as defined by section 23 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 24 shall be released only in accordance with chapter 30, title 67, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Smith
Seconded by Bieter
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 18
1 AMENDMENTS TO SECTION 2
2 On page 2, following line 49, insert:
3 "(i) Records of which the public interest in confidentiality, public
4 safety, security and habilitation clearly outweighs the public inter-
5 est in disclosure as identified pursuant to the authority of the
6 Idaho board of correction under section 20-212, Idaho Code;";
7 and in line 50, delete "(i)" and insert: "(ii)".
8 On page 3, delete lines 2 through 6; in line 14, delete ", or" and insert:
9 "or"; in lines 14 and 15, delete ", shift summaries or briefings, or logs";
10 in line 19, delete ", or" and insert: "or"; and also in line 19, delete
11 ", shift summaries or briefings, or logs"; in line 21, following "workers"
12 insert: ", visitors or prisoners"; and also in lines 21 and 22, delete "pris-
13 oners or persons confined in those buildings,".
14 AMENDMENT TO THE BILL
15 On page 1 of the printed bill, delete lines 11 through 43; on page 2,
16 delete lines 1 through 21; and in line 22, delete "SECTION 2" and insert:
17 "SECTION 1".
18 CORRECTIONS TO TITLE
19 On page 1, in line 2, following "WRITINGS;" delete the remainder of the
20 line, delete all of line 3, and in line 4, delete "OF CORRECTION AND TO MAKE
21 TECHNICAL CORRECTIONS; AND"; in line 6, delete ", TO BROADEN THE RECORDS DIS-"
22 and delete lines 7 through 9, and insert: ".".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 18, As Amended BY MR. SPEAKER Requested by: Department of Correction 1 AN ACT 2 RELATING TO PUBLIC WRITINGS; AMENDING SECTION 9-340B, IDAHO CODE, TO PROVIDE 3 AN EXEMPTION FROM DISCLOSURE FOR CERTAIN RECORDS OF THE IDAHO DEPARTMENT 4 OF CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 9 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 10 exempt from disclosure: 11 (1) Investigatory records of a law enforcement agency, as defined in sec- 12 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335, 13 Idaho Code. 14 (2) Juvenile records of a person maintained pursuant to chapter 5, title 15 20, Idaho Code, except that facts contained in such records shall be furnished 16 upon request in a manner determined by the court to persons and governmental 17 and private agencies and institutions conducting pertinent research studies or 18 having a legitimate interest in the protection, welfare and treatment of the 19 juvenile who is thirteen (13) years of age or younger. If the juvenile is 20 petitioned or charged with an offense which would be a criminal offense if 21 committed by an adult, the name, offense of which the juvenile was petitioned 22 or charged and disposition of the court shall be subject to disclosure as pro- 23 vided in section 20-525, Idaho Code. Additionally, facts contained in any 24 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 25 be furnished upon request to any school district where the juvenile is 26 enrolled or is seeking enrollment. 27 (3) (a)Until July 1, 2001,The following records of the department of 28 correction:to the extent that disclosure thereof would interfere with the29secure and orderly conduct of their operations, or the rehabilitation of30any person in the custody of the department of correction, or would sub-31stantially prejudice or prevent the carrying out of the functions of the32department of correction if the public interest in confidentiality clearly33outweighs the public interest in disclosure.34 (i) Records of which the public interest in confidentiality, public 35 safety, security and habilitation clearly outweighs the public inter- 36 est in disclosure as identified pursuant to the authority of the 37 Idaho board of correction under section 20-212, Idaho Code; 38 (ii) Recordsexempt from disclosure shall include, but not be lim-39ited to, those containing the names and addresses of witnesses or40victims or those containingthat contain any identifying information, 41identifyingor any information that would lead to the identification 42 of any victims or witnesses; 43 (iii) Records that reflect future transportation or movement of a 2 1 prisoner; 2 (iv) Records gathered during the course of the presentence investi- 3 gation; 4 (v) Records of a prisoner, as defined in section 9-337(9), Idaho 5 Code, or probationer shall not be disclosed to any other prisoner or 6 probationer. 7 (b) Operation and security manuals, plans or codes of county jails and 8 buildings owned or leased by Idaho state government, a county or a city. 9 "Operation manuals" are those internal documents of any state government 10 agency, county or city building or jail that define the procedures uti- 11 lized to maintain security within the building or jail. "Plans or codes" 12 relate only to those documents, the release of which could jeopardize the 13 safety of workers, visitors or prisoners in those buildings, or adversely 14 affect the public safety. 15 (c) Records of the commission of pardons and parole shall be exempt from 16 public disclosure pursuant to section 20-213A, Idaho Code, and section 17 20-223, Idaho Code. Records exempt from disclosure shall also include 18 those containing the names, addresses and written statements of victims. 19 (4) Voting records of the sexual offender classification board. In accor- 20 dance with section 18-8315, Idaho Code, the written record of the vote to 21 classify an offender as a violent sexual predator by each board member in each 22 case reviewed by that board member shall be exempt from disclosure to the pub- 23 lic and shall be made available upon request only to the governor, the chair- 24 man of the senate judiciary and rules committee, and the chairman of the house 25 of representatives judiciary, rules and administration committee, for all law- 26 ful purposes. 27 (5) Records of the sheriff or Idaho state police received or maintained 28 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee. 29 (6) Records of investigations prepared by the department of health and 30 welfare pursuant to its statutory responsibilities dealing with the protection 31 of children, the rehabilitation of youth, adoptions and the commitment of men- 32 tally ill persons. 33 (7) Records including, but not limited to, investigative reports, result- 34 ing from investigations conducted into complaints of discrimination made to 35 the Idaho human rights commission unless the public interest in allowing 36 inspection and copying of such records outweighs the legitimate public or pri- 37 vate interest in maintaining confidentiality of such records. A person may 38 inspect and copy documents from an investigative file to which he or she is a 39 named party if such documents are not otherwise prohibited from disclosure by 40 federal law or regulation or state law. The confidentiality of this subsection 41 will no longer apply to any record used in any judicial proceeding brought by 42 a named party to the complaint or investigation, or by the Idaho human rights 43 commission, relating to the complaint of discrimination. 44 (8) Records containing information obtained by the manager of the Idaho 45 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 46 behalf of employers or employees contained in underwriting and claims for ben- 47 efits files. 48 (9) The worker's compensation records of the Idaho industrial commission 49 provided that the industrial commission shall make such records available: 50 (a) To the parties in any worker's compensation claim and to the indus- 51 trial special indemnity fund of the state of Idaho; or 52 (b) To employers and prospective employers subject to the provisions of 53 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 54 limitations, who certify that the information is being requested with 55 respect to a worker to whom the employer has extended an offer of employ- 3 1 ment and will be used in accordance with the provisions of the Americans 2 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 3 (c) To employers and prospective employers not subject to the provisions 4 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 5 tory limitations, provided the employer presents a written authorization 6 from the person to whom the records pertain; or 7 (d) To others who demonstrate that the public interest in allowing 8 inspection and copying of such records outweighs the public or private 9 interest in maintaining the confidentiality of such records, as determined 10 by a civil court of competent jurisdiction. 11 (10) Records of investigations compiled by the commission on aging involv- 12 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 13 be abused, neglected or exploited. 14 (11) Criminal history records and fingerprints, as defined by section 15 67-3001, Idaho Code, and compiled by the Idaho state police. Such records 16 shall be released only in accordance with chapter 30, title 67, Idaho Code.
STATEMENT OF PURPOSE
RS10554
The purpose of the language changes to 9-335 and 9-340B are
to permanently exempt from disclosure those IDOC records which,
if released, would jeopardize the secure and orderly operation
of IDOC facilities, or the rehabilitation of persons under
IDOC custody or supervision, or would reveal the identities of
victims and/or witnesses.
FISCAL IMPACT
The proposed changes have no impact on any state fund or
expenditure.
CONTACT
Name: Pat Ogden
Agency: Department of Correction
Phone: 658-2052
Statement of Purpose/Fiscal Note Bill No. H18