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H0062................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - RECORDS - Amends existing law to limit access upon the open
records law, in specified conditions, to records for current or former
prisoners.
01/18 House intro - 1st rdg - to printing
01/19 Rpt prt - to Jud
01/26 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 69-0-1
AYES -- Barraclough, Barrett, Bedke(Woodhouse), Bell, Bieter, Black,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark,
Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Swan(Hansen), Tilman, Trail, Wheeler, Wood,
Young, Mr. Speaker
NAYS -- None
Absent and excused -- Pischner
Floor Sponsor - Sali
Title apvd - to Senate
02/01 Senate intro - 1st rdg - to Jud
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 29-0-6
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson,
Risch, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler,
Whitworth, Williams,
NAYS -- None
Absent and excused -- Cameron, Deide, Hawkins, Noh, Sandy, Stennett
Floor Sponsor -- Stegner
Title apvd - to House
03/09 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 48
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 62
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RECORDS; AMENDING SECTION 9-340B, IDAHO CODE, TO PROVIDE AN
3 ADDITIONAL EXEMPTION FOR RECORDS OF A PRISONER OR FORMER PRISONER UNDER
4 CONDITIONS SPECIFIED; AND AMENDING SECTION 9-342, IDAHO CODE, TO LIMIT
5 ACCESS TO RECORDS OF AN AGENCY FORMERLY HAVING HAD CUSTODY OF A PRISONER.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
10 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
11 exempt from disclosure:
12 (1) Investigatory records of a law enforcement agency, as defined in sec-
13 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
14 Idaho Code.
15 (2) Juvenile records of a person maintained pursuant to chapter 5, title
16 20, Idaho Code, except that facts contained in such records shall be furnished
17 upon request in a manner determined by the court to persons and governmental
18 and private agencies and institutions conducting pertinent research studies or
19 having a legitimate interest in the protection, welfare and treatment of the
20 juvenile who is thirteen (13) years of age or younger. If the juvenile is
21 petitioned or charged with an offense which would be a criminal offense if
22 committed by an adult, the name, offense of which the juvenile was petitioned
23 or charged and disposition of the court shall be subject to disclosure as pro-
24 vided in section 20-525, Idaho Code. Additionally, facts contained in any
25 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
26 be furnished upon request to any school district where the juvenile is
27 enrolled or is seeking enrollment.
28 (3) (a) Until July 1, 2001, records of the department of correction to
29 the extent that disclosure thereof would interfere with the secure and
30 orderly conduct of their operations, or the rehabilitation of any person
31 in the custody of the department of correction, or would substantially
32 prejudice or prevent the carrying out of the functions of the department
33 of correction if the public interest in confidentiality clearly outweighs
34 the public interest in disclosure. Records exempt from disclosure shall
35 include, but not be limited to, those containing the names and addresses
36 of witnesses or victims or those containing information identifying vic-
37 tims or witnesses.
38 (b) Operation and security manuals, plans or codes of county jails and
39 buildings owned or leased by Idaho state government, a county or a city.
40 "Operation manuals" are those internal documents of any state government
41 agency, county or city building or jail that define the procedures uti-
42 lized to maintain security within the building or jail. "Plans or codes"
43 relate only to those documents, the release of which could jeopardize the
2
1 safety of workers in those buildings, or adversely affect the public
2 safety.
3 (c) Records of the commission of pardons and parole shall be exempt from
4 public disclosure pursuant to section 20-213A, Idaho Code, and section
5 20-223, Idaho Code. Records exempt from disclosure shall also include
6 those containing the names, addresses and written statements of victims.
7 (4) Voting records of the sexual offender classification board. In accor-
8 dance with section 18-8315, Idaho Code, the written record of the vote to
9 classify an offender as a violent sexual predator by each board member in each
10 case reviewed by that board member shall be exempt from disclosure to the pub-
11 lic and shall be made available upon request only to the governor, the chair-
12 man of the senate judiciary and rules committee, and the chairman of the house
13 of representatives judiciary, rules and administration committee, for all law-
14 ful purposes.
15 (5) Records of the sheriff or Idaho state police received or maintained
16 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
17 (6) Records of investigations prepared by the department of health and
18 welfare pursuant to its statutory responsibilities dealing with the protection
19 of children, the rehabilitation of youth, adoptions and the commitment of men-
20 tally ill persons.
21 (7) Records including, but not limited to, investigative reports, result-
22 ing from investigations conducted into complaints of discrimination made to
23 the Idaho human rights commission unless the public interest in allowing
24 inspection and copying of such records outweighs the legitimate public or pri-
25 vate interest in maintaining confidentiality of such records. A person may
26 inspect and copy documents from an investigative file to which he or she is a
27 named party if such documents are not otherwise prohibited from disclosure by
28 federal law or regulation or state law. The confidentiality of this subsection
29 will no longer apply to any record used in any judicial proceeding brought by
30 a named party to the complaint or investigation, or by the Idaho human rights
31 commission, relating to the complaint of discrimination.
32 (8) Records containing information obtained by the manager of the Idaho
33 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
34 behalf of employers or employees contained in underwriting and claims for ben-
35 efits files.
36 (9) The worker's compensation records of the Idaho industrial commission
37 provided that the industrial commission shall make such records available:
38 (a) To the parties in any worker's compensation claim and to the indus-
39 trial special indemnity fund of the state of Idaho; or
40 (b) To employers and prospective employers subject to the provisions of
41 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
42 limitations, who certify that the information is being requested with
43 respect to a worker to whom the employer has extended an offer of employ-
44 ment and will be used in accordance with the provisions of the Americans
45 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
46 (c) To employers and prospective employers not subject to the provisions
47 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
48 tory limitations, provided the employer presents a written authorization
49 from the person to whom the records pertain; or
50 (d) To others who demonstrate that the public interest in allowing
51 inspection and copying of such records outweighs the public or private
52 interest in maintaining the confidentiality of such records, as determined
53 by a civil court of competent jurisdiction.
54 (10) Records of investigations compiled by the commission on aging involv-
55 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
3
1 be abused, neglected or exploited.
2 (11) Criminal history records and fingerprints, as defined by section
3 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
4 shall be released only in accordance with chapter 30, title 67, Idaho Code.
5 (12) Records of a prisoner or former prisoner in the custody of any state
6 or local correctional facility, when the request is made by another prisoner
7 in the custody of any state or local correctional facility.
8 SECTION 2. That Section 9-342, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 9-342. ACCESS TO RECORDS ABOUT A PERSON BY A PERSON. (1) A person may
11 inspect and copy the records of a public agency or independent public body
12 corporate and politic pertaining to that person, even if the record is other-
13 wise exempt from public disclosure.
14 (2) A person may request in writing an amendment of any record pertaining
15 to that person. Within ten (10) days of the receipt of the request, the public
16 agency or independent public body corporate and politic shall either:
17 (a) Make any correction of any portion of the record which the person
18 establishes is not accurate, relevant, or complete; or
19 (b) Inform the person in writing of the refusal to amend in accordance
20 with the request and the reasons for the refusal, and indicate clearly the
21 person's right to appeal the refusal and the time period for doing so. The
22 procedures for appealing a refusal to amend shall be the same as those set
23 forth in sections 9-343 and 9-344, Idaho Code, and the court may award
24 reasonable costs and attorney's fees to the prevailing party or parties,
25 if it finds that the request for amendment or refusal to amend was frivo-
26 lously pursued.
27 (3) The right to inspect and amend records pertaining to oneself does not
28 include the right to review:
29 (a) Otherwise exempt investigatory records of a public agency or indepen-
30 dent public body corporate and politic if the investigation is ongoing;
31 (b) Information that is compiled in reasonable anticipation of a civil
32 action or proceeding which is not otherwise discoverable;
33 (c) The information relates to adoption records;
34 (d) Information which is otherwise exempt from disclosure by statute or
35 court rule;
36 (e) Records of a prisoner maintained by the state or local agency having
37 custody of the prisoner or formerly having custody of the prisoner or by
38 the commission of pardons and parole.
STATEMENT OF PURPOSE
RS 10639
The purpose of this legislation is to prevent prisoners
from obtaining records for the purpose of harassment of
records officials or other prisoners. Idaho law already
prevents public records requests from prisoners as to their
own records in the facility at which they are held. However,
no protection is afforded for former jails or institutions
that previously held the prisoner. In addition, no protection
for other inmates is afforded. Prisoners are able to request
records on other inmates, which can be used to blackmail or
otherwise harass the inmate. This legislation will bar
prisoners from such tactics, protect persons from blackmail
or worse, and save institutions the cost of administering
prisoner harassment requests. If litigation is ongoing, the
prisoner may still obtain this information through valid
discovery requests and subpoena power.
FISCAL IMPACT
This legislation will have a positive effect on the
general fund, in that state monies will be saved when state
correctional administrators will not have to respond to
requests from prisoners to copy voluminous files. Similar
savings will occur at the county level.
CONTACT: Idaho Sheriffs Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL IMPACT H 62