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S1215aa..............................................by JUDICIARY AND RULES
PARDONS AND PAROLE COMMISSION - Amends existing law to provide for
interstate compact paroled prisoners to post a bond; to provide grounds for
forfeiture of the bond; to provide for administrative costs; to provide for
rules; and to create the Commission Receipts Fund in the state treasury.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 To 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Parry, Twiggs
Floor Sponsor - Sorensen
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen(23), Hansen(29), Henbest, Jaquet, Judd, Kellogg,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets,
Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Hammond, Hornbeck, Jones, Kempton, Trail,
Williams, Wood
Floor Sponsor - Clark
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 326
Effective: 07/01/99
S1215|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1215, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO PROVIDE FOR INTER- 3 STATE COMPACT PAROLED PRISONERS TO POST A BOND, TO PROVIDE GROUNDS FOR 4 FORFEITURE OF THE BOND, TO PROVIDE FOR ADMINISTRATIVE COSTS, TO PROVIDE 5 RULES AND TO CREATE THE COMMISSION RECEIPTS FUND IN THE STATE TREASURY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 20-223. PAROLE, RULES AND REGULATIONS GOVERNING -- RESTRICTIONS -- PSY- 10 CHIATRIC OR PSYCHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho 11 Code, the commission shall have the power to establish rules, regulations, 12 policies or procedures in compliance with chapter 52, title 67, Idaho Code, 13 under which any prisoner, excepting any under sentence of death, may be 14 allowed to go upon parole but to remain while on parole in the legal custody 15 and under the control of the board and subject to be taken back into confine- 16 ment at the direction of the commission. Any prisoner who is granted 17 parole under the interstate compact may be required to post a bond prior to 18 release or prior to such acceptance under the interstate compact; such bond 19 may be posted by the prisoner, the prisoner's family, or other interested 20 party. Failure to successfully complete parole may be grounds for forfeiture 21 of the bond. Upon successful completion of parole, the amount of the bond will 22 be returned, less an amount for administrative costs as determined by commis- 23 sion rule, in compliance with chapter 52, title 67, Idaho Code. Funds col- 24 lected through the bonding process will be placed in a separate commission 25 receipts fund which is hereby created in the state treasury, and utilized for 26 the extradition of said parole violators. 27 (b) No person serving a sentence for rape, incest, committing a lewd act 28 upon a child, crime against nature, or with an intent or an assault with 29 intent to commit any of the said crimes or whose history and conduct indicate 30 to the commission that he is a sexually dangerous person, shall be released on 31 parole except upon the examination and evaluation of one (1) or more psychia- 32 trists or psychologists to be selected by the commission and such evaluation 33 shall be duly considered by the commission in making its parole determination. 34 The commission may, in its discretion, likewise require a similar examination 35 and evaluation for persons serving sentences for crimes other than those above 36 enumerated. No psychiatrist or psychologist making such evaluation shall be 37 held financially responsible to any person for denial of parole by the commis- 38 sion or for the results of the future acts of such person if he be granted 39 parole. 40 (c) Before considering the parole of any prisoner, the commission shall 41 afford the prisoner the opportunity to be interviewed by the commission, a 42 commissioner or other designated commission staff. A parole shall be ordered 43 when, in the discretion of the commission, it is in the best interests of 2 1 society, and the commission believes the prisoner is able and willing to ful- 2 fill the obligations of a law-abiding citizen. Such determination shall not be 3 a reward of clemency and it shall not be considered to be a reduction of sen- 4 tence or a pardon. The commission may also by its rules, regulations, policies 5 or procedures fix the times and conditions under which any application denied 6 may be reconsidered. No action may be maintained against the commission 7 and/or any of its members in any court in connection with any decision taken 8 by the commission to parole a prisoner and neither the commission nor its mem- 9 bers shall be liable in any way for its action with respect thereto. 10 (d) In making any parole or commutation decision with respect to a pris- 11 oner, the commission shall consider the compliance of the prisoner with any 12 order of restitution which may have been entered according to section 19-5304, 13 Idaho Code. The commission may make compliance with such an order of restitu- 14 tion a condition of parole. 15 (e) Except as provided in subsection (a) of this section, no provision of 16 chapter 52, title 67, Idaho Code, shall apply to the commission. 17 (f) Subject to the limitations of this subsection and notwithstanding any 18 fixed term of confinement or minimum period of confinement as provided in sec- 19 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea- 20 sons. A prisoner may be considered for medical parole only when the prisoner 21 is permanently incapacitated or terminally ill and when the commission reason- 22 ably believes the prisoner no longer poses a threat to the safety of society. 23 For the purposes of this section "permanently incapacitated" shall mean a per- 24 son who, by reason of an existing physical condition which is not terminal, is 25 permanently and irreversibly physically incapacitated. For the purposes of 26 this section "terminally ill" shall mean a person who has an incurable condi- 27 tion caused by illness or disease and who is irreversibly terminally ill. 28 (g) The commission shall prepare and send to the house and senate judi- 29 ciary committees annually a report containing the names, medical condition and 30 current status of all persons granted parole pursuant to subsection (f) of 31 this section.
AS1215|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Sorensen Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1215 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, delete lines 13 through 43 and on page 2 3 delete lines 1 through 17; and in line 18, delete: "SECTION 2" and insert: 4 "SECTION 1". 5 CORRECTION TO TITLE 6 On page 1, delete lines 2 through 7 and insert: "RELATING TO PAROLE; 7 AMENDING SECTION 20-223, IDAHO CODE, TO PROVIDE FOR".
STATEMENT OF PURPOSE
RS08923Cl
Under the current statute, if three commissioners are meeting, they
must reach a unanimous decision or the case must be referred to a
later date when five commissioners are scheduled to meet. The
Commission derived its power from the Constitutional "Board of
Pardons". In the Constitution, a "majority" of said board had the
power to remit fines an forfeitures and as provided by statute,
commutations and pardons. Based upon the majority statement, it has
long been the legal opinion that three members of the Commission had
to agree to constitute a final decision. The Constitution was amended
in 1987 providing that Board of pardon matters would be legislated.
The current practice of the Commission is to meet in panels of three.
this is a more efficient use of resources, especially in light of the
fact that we have hearing officers who conduct interviews and provide
an in-depth report for the Commissioners. The change to this statute
would allow for a majority of the commissioners present at a session
to constitute the decision -when three commissioners meet, two of the
commissioners agreeing would make the final decision.
The Commission can parole inmates to any state in the United States.
There is a formal "interstate compact" to which the states have
agreed to abide. The Interstate Compact, however, requires that if we
parole an individual to another state, if that state wants Idaho to
return that individual, we are obligated to spend state funds to
bring the parolee back to Idaho. this could actually mean that even
minor violations could force the Commission to spend sometimes
thousand of dollars to bring someone back to Idaho. The provisions
would allow for a bond to be posted. It provides for family, or other
interested parties, to post a bond which would be set by A Commission
rule which must be approved by the Seante and House Judiciary
Committees. A receipts acount would be established. If the parolee
completed a period of parole successfully, the money, (less an amount
to be used for administration of this fund) would be returned to the
parolee. If a parolee violated parole conditions and had to be
returned to Idaho, the bond would be forfeited to help pay for the
extradition costs.
Extradition costs can be anywhere from $100 to several thousands of
dollars. This would be a process whereby the parolee has an intrest
in his/her success on parole. the taypayers of Idaho would be
relieved of some of the costs involved in bringing back parole
violators.
FISCAL NOTE - $0
CONTACT: Olivia Craven, Commission of Pardons and Parole
334-2520
STATEMENT OF PURPOSE/ FISCAL NOTE S1215