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S1552................................................by JUDICIARY AND RULES RECORDS - PARDONS AND PAROLE COMMISSION - Amends existing law to provide a sunset for certain records of the Department of Correction from being exempt from disclosure; to provide that records of the Commission of Pardons and Parole shall be exempt from disclosure pursuant to certain statutes; and to provide that records exempt from disclosure shall also include those containing the names, addresses and written statements of victims. 03/07 Senate intro - 1st rdg - to printing 03/08 Rpt prt - to Jud 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Darrington Title apvd - to House 03/16 House intro - 1st rdg - to Jud 03/22 Rpt out - rec d/p - to 2nd rdg 03/23 2nd rdg - to 3rd rdg 03/31 3rd rdg - PASSED - 63-0-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones(Jones), Judd, Kempton, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Mr Speaker NAYS -- None Absent and excused -- Campbell, Denney, Hammond, Kellogg, Loertscher, Smith, Zimmermann Floor Sponsor - Boe Title apvd - to Senate 04/03 To enrol 04/04 Rpt enrol - Pres signed - Sp signed 04/05 To Governor 04/14 Governor signed Session Law Chapter 367 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1552 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340B, IDAHO 3 CODE, AS AMENDED BY SECTION 1, HOUSE BILL NO. 540, SECOND REGULAR SESSION, 4 FIFTY-FIFTH IDAHO LEGISLATURE TO PROVIDE A SUNSET FOR CERTAIN RECORDS OF 5 THE DEPARTMENT OF CORRECTION FROM BEING EXEMPT FROM DISCLOSURE AND TO PRO- 6 VIDE THAT RECORDS OF THE COMMISSION OF PARDONS AND PAROLE SHALL BE EXEMPT 7 FROM DISCLOSURE PURSUANT TO CERTAIN STATUTES AND TO PROVIDE THAT RECORDS 8 EXEMPT FROM DISCLOSURE SHALL ALSO INCLUDE THOSE CONTAINING THE NAMES, 9 ADDRESSES AND WRITTEN STATEMENTS OF VICTIMS. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 9-340B, Idaho Code, as amended by Section 1, 12 House Bill No. 540, enacted by the Second Regular Session, Fifty-fifth Idaho 13 Legislature, be, and the same is hereby amended to read as follows: 14 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES- 15 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are 16 exempt from disclosure: 17 (1) Investigatory records of a law enforcement agency, as defined in sec- 18 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335, 19 Idaho Code. 20 (2) Juvenile records of a person maintained pursuant to chapter 5, title 21 20, Idaho Code, except that facts contained in such records shall be furnished 22 upon request in a manner determined by the court to persons and governmental 23 and private agencies and institutions conducting pertinent research studies or 24 having a legitimate interest in the protection, welfare and treatment of the 25 juvenile who is thirteen (13) years of age or younger. If the juvenile is 26 petitioned or charged with an offense which would be a criminal offense if 27 committed by an adult, the name, offense of which the juvenile was petitioned 28 or charged and disposition of the court shall be subject to disclosure as pro- 29 vided in section 20-525, Idaho Code. Additionally, facts contained in any 30 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall 31 be furnished upon request to any school district where the juvenile is 32 enrolled or is seeking enrollment. 33 (3) (a) Until July 1, 2001, Rrecords of the department of correction or34 the commission of pardons and paroleto the extent that disclosure thereof 35 would interfere with the secure and orderly conduct of their operations, 36 or the rehabilitation of any person in the custody of the department of 37 correction or on parole, or would substantially prejudice or prevent the 38 carrying out of the functions of the department of correction or the com-39 mission of pardons and paroleif the public interest in confidentiality 40 clearly outweighs the public interest in disclosure. Records exempt from 41 disclosure shall include, but not be limited to, those containing the 42 names and addresses of witnesses or victims or those containing informa- 43 tion identifying victims or witnesses. 2 1 (b) Operation and security manuals, plans or codes of county jails and 2 buildings owned or leased by Idaho state government, a county or a city. 3 "Operation manuals" are those internal documents of any state government 4 agency, county or city building or jail that define the procedures uti- 5 lized to maintain security within the building or jail. "Plans or codes" 6 relate only to those documents, the release of which could jeopardize the 7 safety of workers in those buildings, or adversely affect the public 8 safety. 9 (c) Records of the commission of pardons and parole shall be exempt from 10 public disclosure pursuant to section 20-213A, Idaho Code, and section 11 20-223, Idaho Code. Records exempt from disclosure shall also include 12 those containing the names, addresses and written statements of victims. 13 (4) Voting records of the sexual offender classification board. In accor- 14 dance with section 18-8315, Idaho Code, the written record of the vote to 15 classify an offender as a violent sexual predator by each board member in each 16 case reviewed by that board member shall be exempt from disclosure to the pub- 17 lic and shall be made available upon request only to the governor, the chair- 18 man of the senate judiciary and rules committee, and the chairman of the house 19 of representatives judiciary, rules and administration committee, for all law- 20 ful purposes. 21 (5) Records of the sheriff or department of law enforcement received or 22 maintained pursuant to section 18-3302, Idaho Code, relating to an applicant 23 or licensee. 24 (6) Records of investigations prepared by the department of health and 25 welfare pursuant to its statutory responsibilities dealing with the protection 26 of children, the rehabilitation of youth, adoptions and the commitment of men- 27 tally ill persons. 28 (7) Records including, but not limited to, investigative reports, result- 29 ing from investigations conducted into complaints of discrimination made to 30 the Idaho human rights commission unless the public interest in allowing 31 inspection and copying of such records outweighs the legitimate public or pri- 32 vate interest in maintaining confidentiality of such records. A person may 33 inspect and copy documents from an investigative file to which he or she is a 34 named party if such documents are not otherwise prohibited from disclosure by 35 federal law or regulation or state law. The confidentiality of this subsection 36 will no longer apply to any record used in any judicial proceeding brought by 37 a named party to the complaint or investigation, or by the Idaho human rights 38 commission, relating to the complaint of discrimination. 39 (8) Records containing information obtained by the manager of the Idaho 40 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on 41 behalf of employers or employees contained in underwriting and claims for ben- 42 efits files. 43 (9) The worker's compensation records of the Idaho industrial commission 44 provided that the industrial commission shall make such records available: 45 (a) To the parties in any worker's compensation claim and to the indus- 46 trial special indemnity fund of the state of Idaho; or 47 (b) To employers and prospective employers subject to the provisions of 48 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory 49 limitations, who certify that the information is being requested with 50 respect to a worker to whom the employer has extended an offer of employ- 51 ment and will be used in accordance with the provisions of the Americans 52 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or 53 (c) To employers and prospective employers not subject to the provisions 54 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu- 55 tory limitations, provided the employer presents a written authorization 3 1 from the person to whom the records pertain; or 2 (d) To others who demonstrate that the public interest in allowing 3 inspection and copying of such records outweighs the public or private 4 interest in maintaining the confidentiality of such records, as determined 5 by a civil court of competent jurisdiction. 6 (10) Records of investigations compiled by the commission on aging involv- 7 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to 8 be abused, neglected or exploited. 9 (11) Criminal history records and fingerprints, as defined by section 10 67-3001, Idaho Code, and compiled by the department of law enforcement. Such 11 records shall be released only in accordance with chapter 30, title 67, Idaho 12 Code.
STATEMENT OF PURPOSE RS10244 REF: Public Records Reference: Section 9-340B, Idaho Code The modification to the statute will specifically state which records of the Idaho Department of Correction (IDOC) and the Commission of Pardons and Parole (Commission) are exempt from public disclosure. There currently exists an exemption for IDOC and the Commission which is very general. This exemption covers non-disclosure of information which would interfere with the operations or the rehabilitation of any person in custody or on parole; if the public interest in confidentiality outweighs the public interest in disclosure; and exempts references to any witnesses or victims, to include names and addresses. The modification provides that until July 1, 2001, the current exemption for public records remains the same for IDOC, to allow the IDOC to specify records which should be exempt. It also provides that Commission records are public except for exemptions as allowed by Section 20-213A, Idaho Code (open meeting and voting records of the Commission), and Section 20-223, Idaho Code (specific records for parole determination). FISCAL IMPACT: There will be a cost-savings by these amendments. CONTACT: Roy Eiguren Olivia Craven Phone: 208/388-1200 Commission of Pardons and Parole Phone: 208/334-2520 STATEMENT OF PURPOSE/FISCAL IMPACT S 1552