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S1341................................................by JUDICIARY AND RULES
PARDONS AND PAROLE - Amends existing law to revise the conditions and
procedures regarding parole and to hold harmless the Commission of Pardons
and Parole or its members in connection with any decision taken by the
Commission to parole a prisoner, to authorize the Commission of Pardons and
Parole to allow time on parole to be counted as part of a recommitted
prisoner's sentence, and to provide that a decision of the Commission for
Pardons and Parole or its director shall be exempt from claim under the
Idaho Tort Claims Act unless that action was done with malice or criminal
intent or with gross negligence or reckless, willful and wanton conduct.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Hansen, Hawkins, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Geddes, Twiggs
Floor Sponsor - Darrington
Title apvd - to House
02/20 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Robison, Sali, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- Schaefer
Absent and excused -- Newcomb, Stubbs, Wood
Floor Sponsor - Field(13)
Title apvd - to Senate
03/16 To enrol
03/18 Rpt enrol - Pres signed
03/19 Sp signed - to Governor
03/24 Governor signed
Session Law Chapter 327
Effective: 07/01/98
S1341|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1341 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO REVISE CONDITIONS 3 AND PROCEDURES REGARDING PAROLE AND TO HOLD HARMLESS THE COMMISSION OF 4 PARDONS AND PAROLE OR ITS MEMBERS IN CONNECTION WITH ANY DECISION TAKEN BY 5 THE COMMISSION TO PAROLE A PRISONER; AMENDING SECTION 20-228, IDAHO CODE, 6 TO AUTHORIZE THE COMMISSION OF PARDONS AND PAROLE, IN ITS DISCRETION, TO 7 ALLOW TIME ON PAROLE TO BE COUNTED AS PART OF A RECOMMITTED PRISONER'S 8 SENTENCE; AND AMENDING SECTION 6-904B, IDAHO CODE, TO PROVIDE THAT A DECI- 9 SION OF THE STATE COMMISSION OF PARDONS AND PAROLE OR ITS EXECUTIVE DIREC- 10 TOR, WHEN CARRYING OUT THE BUSINESS OF THE COMMISSION, SHALL BE EXEMPT 11 FROM CLAIM UNLESS THAT ACTION WAS DONE WITH MALICE OR CRIMINAL INTENT OR 12 WITH GROSS NEGLIGENT OR RECKLESS, WILLFUL AND WANTON CONDUCT AND TO MAKE A 13 TECHNICAL CORRECTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 20-223. PAROLE, RULES AND REGULATIONS GOVERNING -- RESTRICTIONS -- PSY- 18 CHIATRIC OR PSYCHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho 19 Code, the commission shall have the power to establish rules, regulations, 20 policies or procedures in compliance with chapter 52, title 67, Idaho Code, 21 under which any prisoner, excepting any under sentence of death, may be 22 allowed to go upon parole but to remain while on parole in the legal custody 23 and under the control of the board and subject to be taken back into confine- 24 ment at the direction of the commission. 25 (b) No person serving a sentence for rape, incest, committing a lewd act 26 upon a child, crime against nature, or with an intent or an assault with 27 intent to commit any of the said crimes or whose history and conduct indicate 28 to the commission that he is a sexually dangerous person, shall be released on 29 parole except upon the examination and evaluation of one (1) or 30 more psychiatrists or psychologists to be selected by the commission and such 31 evaluation shall be duly considered by the commission in making its parole 32 determination. The commission may, in its discretion, likewise require a simi- 33 lar examination and evaluation for persons serving sentences for crimes other 34 than those above enumerated. No psychiatrist or psychologist making such eval- 35 uation shall be held financially responsible to any person for denial of 36 parole by the commission or for the results of the future acts of such person 37 if he be granted parole. 38 (c) Before considering the parole of any prisoner, the commission shall 39 afford the prisoner the opportunity to be interviewed by the commission, 40 a commissioner or other designated commission staff . A parole shall be 41 orderedonly for the best interests of society when the commission rea-42sonably believes that the prisoner no longer poses a threat to the safety of43society,when, in the discretion of the commission, it is in the 2 1 best interests of society, and the commission believes the prisoner is able 2 and willing to fulfill the obligations of a law-abiding citizen. Such determi- 3 nation shall notasbe a reward of clemency 4 and it shall not be considered to be a reduction of sentence or a pardon. 5A prisoner shall be placed on parole only when arrangements have been6made for his employment or maintenance and care, and when the commission7believes the prisoner is able and willing to fulfill the obligations of a law-8abiding citizen.The commission may also by its rules, regulations, 9 policies or procedures fix the times and conditions under which any applica- 10 tion denied may be reconsidered. No action may be maintained against the 11 commission and/or any of its members in any court in connection with any deci- 12 sion taken by the commission to parole a prisoner and neither the commission 13 nor its members shall be liable in any way for its action with respect 14 thereto. 15 (d) In making any parole or commutation decision with respect to a pris- 16 oner, the commission shall consider the compliance of the prisoner with any 17 order of restitution which may have been entered according to section 19-5304, 18 Idaho Code. The commission may make compliance with such an order of restitu- 19 tion a condition of parole. 20 (e) Except as provided in subsection (a) of this section, no provision of 21 chapter 52, title 67, Idaho Code, shall apply to the commission. 22 (f) Subject to the limitations of this subsection and notwithstanding any 23 fixed term of confinement or minimum period of confinement as provided in sec- 24 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea- 25 sons. A prisoner may be considered for medical parole only when the prisoner 26 is permanently incapacitated or terminally ill and when the commission reason- 27 ably believes the prisoner no longer poses a threat to the safety of society. 28 For the purposes of this section "permanently incapacitated" shall mean a per- 29 son who, by reason of an existing physical condition which is not terminal, is 30 permanently and irreversibly physically incapacitated. For the purposes of 31 this section "terminally ill" shall mean a person who has an incurable condi- 32 tion caused by illness or disease and who is irreversibly terminally ill. 33 (g) The commission shall prepare and send to the house and senate judi- 34 ciary committees annually a report containing the names, medical condition and 35 current status of all persons granted parole pursuant to subsection (f) of 36 this section. 37 SECTION 2. That Section 20-228, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 20-228. CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING -- WARRANT FOR 40 ARREST OF SUSPECTED VIOLATORS -- EFFECT OF SUSPENSION AND ARREST. The commis- 41 sion for pardons and parole, in releasing a person on parole, shall specify in 42 writing the conditions of parole, and a copy of such conditions shall be given 43 to the person paroled. Whenever the commission finds that a parolee may have 44 violated the conditions of parole, the written order of the commission, signed 45 by a member or members of the commission or the executive director, shall be 46 sufficient warrant for any law enforcement officer to take into custody such 47 person, and it is hereby made the duty of all sheriffs, police, constables, 48 parole and probation officers, prison officials and other peace officers, to 49 execute such order. Such warrant shall serve to suspend the person's parole 50 until a determination on the merits of the allegations of the violation has 51 been made pursuant to a revocation hearing. From and after the issuance of the 52 warrant and suspension of the parole of any convicted person and until arrest, 53 the parolee shall be considered a fugitive from justice. Such person so recom- 3 1 mitted must serve out the sentence, and the time during which such prisoner 2 was out on parole shall not be deemed a part thereof ; unless the commis- 3 sion, in its discretion, shall determine otherwise , but nothing herein 4 contained shall prevent the commission from again paroling such prisoners at 5 its discretion. 6 SECTION 3. That Section 6-904B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 6-904B. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and 9 its employees while acting within the course and scope of their employment and 10 without malice or criminal intent and without gross negligence or reckless, 11 willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not 12 be liable for any claim which: 13 1. Arises out of the detention of any goods or merchandise by any law 14 enforcement officer. 15 2. Arises out of the cancellation orrecisionrescis- 16 sion , or the failure to cancel or rescind, any motor vehicle registra- 17 tion and license plates for failure of the owner to verify or maintain motor 18 vehicle liability insurance coverage. 19 3. Arises out of the issuance, denial, suspension or revocation of, or 20 failure or refusal to issue, deny, suspend, or revoke a permit, license, cer- 21 tificate, approval, order or similar authorization. 22 4. Arises out of the failure to make an inspection, or the making of an 23 inadequate inspection of any property, real or personal, other than the prop- 24 erty of the governmental entity performing the inspection. 25 5. Arises out of any act or omission providing or failing to provide med- 26 ical care to a prisoner, inmate or person in the custody of any city, county 27 or state jail, detention center or correctional facility. 28 6. Arises out of a decision of the state commission of pardons and 29 parole or its executive director when carrying out the business of the commis- 30 sion.
STATEMENT OF PURPOSE
RS07567 1/98
SECTION 1. That Section 20-223 (c), Idaho Code, be amended.
The Commission has instituted a program of hearing of officers to conduct hearings
for the Commission. The healing of officers conduct an in-depth interview with the inmate,
investigate their case and transition plan, and made recommendations to the Commission. The change
to this section allows for the "opportunity to be interviewed" of the inmate to be conducted by a
hearing of officer or other designated staff or a Commissioner. The Commission believes the hearing
of officer program is the future of the Commission to operate efficiently, while making the best
decisions possible in each individual case. The current statute dictates the only "right" in parole
consideration is the "interview". The requested change to the statute makes it clear to the public,
including the inmate, that the Commission does not have to conduct the "interview" to meet this
requirement. The Commission believes there are certain non-violent, non-sexual crimes which would
not require a meeting with the Commission; the Commission utilizes the hearing officer as a tool to
make the final decision.
The second part of this section is recommended to give the Commission somewhat
more discretion in granting parole. The wording has been changed very little, but the meaning has
changed: the new wording allows that the Commission may consider parole when it appears the
inmate is able and willing to be a law-abiding citizen.
The third part of this section makes it clear that the Commissioners are not liable for
the decisions they make regarding parole
SECTION 2. That Section 20-228, Idaho Code, be amended that time served on parole is not
an automatic forfeiture if parole is revoked. The amendments to this section allow for the
Commission's discretion in making the determination. For example, a parolee might have served ten
(l0) months on parole without any problems; however, the two months following this period, he may
have violated numerous conditions of his parole. The requested modifications to the statute would
allow the Commission to give the parolee credit for the good behavior on parole, but forfeit the time
he spent on parole violating his contract of parole.
SECTION 3. That Section 6-905B, Idaho Code, be amended to allow for an exception from
liability for the Commissioners and the Executive Director when acting within the scope of their
duties and employment.
FISCAL IMPACT: No additional costs to the state are accrued as a result of the above
amendments. In "SECTION 2", the state will actually realize a reduction in costs of processing
parolees who violate their parole. Under current statute, time on parole (when parole is revoked) is
automatically forfeited or "added" back on to the sentence.
S 1341