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S1487................................................by JUDICIARY AND RULES PARDONS AND PAROLE COMMISSION - RULES - Amends existing law to provide that the Commission on Pardons and Parole's rules, policies or procedures regarding parole shall provide, at a minimum the following: For a person who has been convicted of a nonviolent crime and the crime is not rape, incest, committing a lewd act upon a child, a crime against nature or an intent to commit any of these crimes or the person's history and conduct do not indicate that he or she is a sexually dangerous person, the maximum time of supervision upon release shall be no more than 10% of the maximum sentence imposed; for a parolee who has been convicted of a crime related to or while under the influence of alcohol or illegal drugs, release from parole shall be contingent upon successful completion of a drug and alcohol treatment program approved by the Board of Correction; and for a parolee who has been convicted of a sex crime or a violent crime, early discharge shall not be considered until 1/3 of the remaining time from the parole release date to the maximum expiration date has been served on parole or until 5 years have been served on parole on a life sentence for any crime and to revise the period of time when a discharge from parole shall be issued. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Jud
S1487|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1487 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO PROVIDE THAT THE 3 COMMISSION ON PARDONS AND PAROLE SHALL ESTABLISH RULES, POLICIES OR PROCE- 4 DURES REGARDING PAROLE THAT SHALL CONTAIN SOME MINIMUM CRITERIA AND TO 5 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 20-233, IDAHO CODE, TO 6 REVISE THE PERIOD OF TIME WHEN A DISCHARGE FROM PAROLE SHALL BE ISSUED. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-223. PAROLE,AND RULESAND REGULATIONS11GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION. 12 (a) Subject to section 19-2513, Idaho Code, the commission shall have the 13 power to establish rules,regulations,policies or procedures in 14 compliance with chapter 52, title 67, Idaho Code, under which any prisoner, 15 excepting any under sentence of death, may be allowed to go upon parole but to 16 remain while on parole in the legal custody and under the control of the board 17 and subject to be taken back into confinement at the direction of the commis- 18 sion. The commission's rules, policies or procedures regarding parole 19 shall provide at a minimum the following: For a person who has been convicted 20 of a nonviolent crime and the crime is not one listed in subsection (b) of 21 this section, the maximum time of supervision upon release shall be no more 22 than ten percent (10%) of the maximum sentence imposed. For a parolee who has 23 been convicted of a crime related to or while under the influence of alcohol 24 or illegal drugs, release from parole shall be contingent upon successful com- 25 pletion of a drug and alcohol treatment program approved by the board of cor- 26 rection. For a parolee who has been convicted of a sex crime or a violent 27 crime, early discharge shall not be considered until one-third (1/3) of the 28 remaining time from the parole release date to the maximum expiration date has 29 been served on parole or until five (5) years have been served on parole on a 30 life sentence for any crime. 31 (b) No person serving a sentence for rape, incest, committing a lewd act 32 upon a child, crime against nature, or with an intent or an assault with 33 intent to commit any of the said crimes or whose history and conduct indicate 34 to the commission that he is a sexually dangerous person, shall be released on 35 parole except upon the examination and evaluation of one (1) or 36 more psychiatrists or psychologists to be selected by the commission and such 37 evaluation shall be duly considered by the commission in making its parole 38 determination. The commission may, in its discretion, likewise require a simi- 39 lar examination and evaluation for persons serving sentences for crimes other 40 than those above enumerated. No psychiatrist or psychologist making such eval- 41 uation shall be held financially responsible to any person for denial of 42 parole by the commission or for the results of the future acts of such person 43 if he be granted parole. 2 1 (c) Before considering the parole of any prisoner, the commission shall 2 afford the prisoner the opportunity to be interviewed. A parole shall be 3 ordered only for the best interests of society when the commission reasonably 4 believes that the prisoner no longer poses a threat to the safety of society, 5 not as a reward of clemency and it shall not be considered to be a reduction 6 of sentence or a pardon. A prisoner shall be placed on parole only when 7 arrangements have been made for his employment or maintenance and care, and 8 when the commission believes the prisoner is able and willing to fulfill the 9 obligations of a law-abiding citizen. The commission may also by its rules, 10regulations,policies or procedures fix the times and conditions 11 under which any application denied may be reconsidered. 12 (d) In making any parole or commutation decision with respect to a pris- 13 oner, the commission shall consider the compliance of the prisoner with any 14 order of restitution which may have been entered according to section 19-5304, 15 Idaho Code. The commission may make compliance with such an order of restitu- 16 tion a condition of parole. 17 (e) Except as provided in subsection (a) of this section, no provision of 18 chapter 52, title 67, Idaho Code, shall apply to the commission. 19 (f) Subject to the limitations of this subsection and notwithstanding any 20 fixed term of confinement or minimum period of confinement as provided in sec- 21 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea- 22 sons. A prisoner may be considered for medical parole only when the prisoner 23 is permanently incapacitated or terminally ill and when the commission reason- 24 ably believes the prisoner no longer poses a threat to the safety of society. 25 For the purposes of this section "permanently incapacitated" shall mean a per- 26 son who, by reason of an existing physical condition which is not terminal, is 27 permanently and irreversibly physically incapacitated. For the purposes of 28 this section "terminally ill" shall mean a person who has an incurable condi- 29 tion caused by illness or disease and who is irreversibly terminally ill. 30 (g) The commission shall prepare and send to the house and senate judi- 31 ciary committees annually a report containing the names, medical condition and 32 current status of all persons granted parole pursuant to subsection (f) of 33 this section. 34 SECTION 2. That Section 20-233, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 20-233. FINAL DISCHARGE OF PAROLEE -- MINIMUM TERM. When any paroled 37 prisoner has performed the obligations of his parole for such time as shall 38 satisfy the commission that his final release is not incompatible with his 39 welfare and that of society, the commission may make the final order of dis- 40 charge and issue to the paroled prisoner a certificate of discharge;but41no suchand the order of discharge shall be madein42any case within a period of less than one (1) year after the date of release43on paroleat a time as provided in subsection (a) of section 44 20-223, Idaho Code , except that when the period of the maximum sentence 45 provided by law shall expire at an earlier date, then a final order of dis- 46 charge must be made and a certificate of discharge issued to the paroled pris- 47 oner not later than the date of expiration of said maximum sentence.
STATEMENT OF PURPOSE
RS 07986
The purpose of this legislation is to reduce the recidivism rate of parolees who technically
violate parole or who violate parole by committing a new felony. This would be
accomplished through a variety of measure which would promote positive re-entry of an
inmate back into the community. Among the recommendations to the Department of
Correction and the Board of Correction are:
To implement a one-year pilot program that would transition high-risk parolees into
the community with support for a limited time for basic necessities like housing and
food. Finding a suitable job would be the highest priority during this time. To track and
identify the types of parole violations that return parolees to prison, and to establish
policies to reintegrate them back into the community within a reasonable period of
time. Currently, approximately 500 parole and probation violators return to prison each
year. They remain an average of 16 months at a cost to the state of approximately
$24,000 per violator ($12 million potentially for all 500 parole and probation violators
who return each year.) To assure that parole plans are fully prepared prior to the
inmate's parole date. There were about 80 parole continuances in 1997. Over half
that were continued remained an additional 7.5 to 9 months as a result of not having
their parole plan fully prepared. This cost the state an additional, avoidable $11,250 to
$13,500 per inmate (or $562,500 to $675,000 for 50 continuances).
To emphasize that the role of the parole officer is to work towards successful reentry of
the parolee into society, rather than one of primarily policing. Over 20% of the total
number of people admitted to prison each year are parole violators. Keeping
parolees from violating parole saves the state $24,000 per parolee who returns to
prison.
FISCAL IMPACT
The cost of the first year of a Parole Transition Program would be $115,600. The annual
cost would then be $91,300. This fiscal impact is based upon a proposal by the Department
of Correction in its FY1999 budget request. This funding would sustain a caseload of 15 inmates
for the 180-day program. This would allow for 30 parolees to go through the program in
one year. High-risk parolees would receive financial assistance during the first 60 days for
housing and food, and for the remaining 120 days be given assistance with finding
employment, attending educational, employment preparedness, and substance-abuse
treatment programs. After the first 180 days of assisted supervision the parolee would
transfer to regular parole supervision. Without this pilot program, 30%, or ten of these
thirty parolees in the pilot program are expected to return to prison because of parole
violations. There would need to be a reduction in this number to substantiate savings
through this Parole Transition Program.
Contact: Senator Shiela Sorensen 332- 1332
Statement of Purpose/Fiscal Impact S1486