2000 Legislation
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SENATE BILL NO. 1553 – Records, prisoner, inspection right


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S1553................................................by JUDICIARY AND RULES
RECORDS - PRISONER - Amends existing law to provide that the right to
inspect and amend records pertaining to oneself does not include the right
to review prisoner records which are maintained by the state or local
agency having custody of the prisoner or by the Commission of Pardons and
Parole; and to provide that certain designated reports before the
Commission of Pardons and Parole be exempt from public disclosure.
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 - Ingram
    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 - 63-1-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, 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, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Mr Speaker
      NAYS -- Chase
      Absent and excused -- Campbell, Denney, Hammond, Kellogg, Loertscher,
    Floor Sponsor - Judd
    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 368
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1553
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION  1.  That  Section  9-337,  Idaho Code, be, and the same is hereby
 12    amended to read as follows:
 13        9-337.  DEFINITIONS. As used in sections 9-337 through 9-347, Idaho Code:
 14        (1)  "Copy" means transcribing by handwriting,  photocopying,  duplicating
 15    machine and reproducing by any other means so long as the public record is not
 16    altered or damaged.
 17        (2)  "Custodian"  means  the person having personal custody and control of
 18    the public records in question. If no such designation is made by  the  public
 19    agency,  then  custodian  means any public official having custody of, control
 20    of, or authorized access to public records and includes all delegates of  such
 21    officials, employees or representatives.
 22        (3)  "Inspect"  means  the  right to listen, view and make notes of public
 23    records as long as the public record is not altered or damaged.
 24        (4)  "Investigatory record" means information with respect to an identifi-
 25    able person, group of persons or entities compiled by a public agency pursuant
 26    to its statutory authority in the course  of  investigating  a  specific  act,
 27    omission, failure to act, or other conduct which the public agency has regula-
 28    tory authority or law enforcement authority over.
 29        (5)  "Law  enforcement  agency"  means any state or local agency given law
 30    enforcement powers or which has authority to investigate,  enforce,  prosecute
 31    or punish violations of state or federal criminal statutes, ordinances or reg-
 32    ulations.
 33        (6)  "Local  agency" means a county, city, school district, municipal cor-
 34    poration, district, public health district,  political  subdivision,   or  any
 35    agency  thereof,  or  any  committee  of  a  local  agency, or any combination
 36    thereof.
 37        (7)  "Person" means any natural person,  corporation,  partnership,  firm,
 38    association,  joint  venture,  state  or  local agency or any other recognized
 39    legal entity.
 40        (8)  "Prisoner" means a person who has been convicted of a  crime  and  is
 41    either  incarcerated  or on parole for that crime or who is being held in cus-
 42    tody for trial or sentencing.
 43        (9)  "Public agency" means any state or local agency as  defined  in  this
  1    section.
  2        (910) "Public official" means any state, county, local district or govern-
  3    mental official or employee, whether elected, appointed or hired.
  4        (101) "Public  record"  includes,  but is not limited to, any writing con-
  5    taining information relating to the conduct or administration of the  public's
  6    business  prepared,  owned,  used  or  retained  by  any state or local agency
  7    regardless of physical form or characteristics.
  8        (112) "State agency" means  every  state  officer,  department,  division,
  9    bureau,  commission  and  board  or  any committee of a state agency including
 10    those in the legislative or judicial branch, except the state militia.
 11        (123) "Writing" includes, but is not limited to, handwriting, typewriting,
 12    printing, photostating, photographing and every means of recording,  including
 13    letters,  words,  pictures,  sounds or symbols or combination thereof, and all
 14    papers, maps, magnetic or paper tapes, photographic films and prints, magnetic
 15    or punched cards, discs, drums or other documents.
 16        SECTION 2.  That Section 9-342, Idaho Code, be, and  the  same  is  hereby
 17    amended to read as follows:
 18        9-342.  ACCESS  TO  RECORDS  ABOUT  A PERSON BY A PERSON. (1) A person may
 19    inspect and copy the records of a public agency  pertaining  to  that  person,
 20    even if the record is otherwise exempt from public disclosure.
 21        (2)  A person may request in writing an amendment of any record pertaining
 22    to that person. Within ten (10) days of the receipt of the request, the public
 23    agency shall either:
 24        (a)  Make  any  correction  of  any portion of the record which the person
 25        establishes is not accurate, relevant, or complete; or
 26        (b)  Inform the person in writing of the refusal to  amend  in  accordance
 27        with the request and the reasons for the refusal, and indicate clearly the
 28        person's right to appeal the refusal and the time period for doing so. The
 29        procedures for appealing a refusal to amend shall be the same as those set
 30        forth  in  sections  9-343  and 9-344, Idaho Code, and the court may award
 31        reasonable costs and attorney's fees to the prevailing party  or  parties,
 32        if  it finds that the request for amendment or refusal to amend was frivo-
 33        lously pursued.
 34        (3)  The right to inspect and amend records pertaining to oneself does not
 35    include the right to review:
 36        (a)  Ootherwise exempt investigatory records of a  public  agency  if  the
 37        investigation is ongoing,;
 38        (b)  Iinformation  that  is compiled in reasonable anticipation of a civil
 39        action or proceeding which is not otherwise discoverable; or
 40        (c)  Tthe information relates to adoption records; or
 41        (d)  Iinformation which is otherwise exempt from disclosure by statute  or
 42        court rule;
 43        (e)  Records  of a prisoner maintained by the state or local agency having
 44        custody of the prisoner or by the commission of pardons and parole.
 45        SECTION 3.  That Section 20-223, Idaho Code, be, and the  same  is  hereby
 46    amended to read as follows:
 48    PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION.  (a)  Subject  to  section  19-2513,
 49    Idaho  Code,  the  commission shall have the power to establish rules, regula-
 50    tions, policies or procedures in compliance with chapter 52, title  67,  Idaho
 51    Code,  under which any prisoner, excepting any under sentence of death, may be
  1    allowed to go upon parole but to remain while on parole in the  legal  custody
  2    and  under the control of the board and subject to be taken back into confine-
  3    ment at the direction of the commission. Any prisoner who  is  granted  parole
  4    under  the  interstate compact may be required to post a bond prior to release
  5    or prior to such acceptance under the interstate compact;  such  bond  may  be
  6    posted  by  the  prisoner,  the  prisoner's family, or other interested party.
  7    Failure to successfully complete parole may be grounds for forfeiture  of  the
  8    bond.  Upon  successful  completion  of parole, the amount of the bond will be
  9    returned, less an amount for administrative costs as determined by  commission
 10    rule,  in  compliance  with  chapter 52, title 67, Idaho Code. Funds collected
 11    through the bonding process will be placed in a separate  commission  receipts
 12    fund  which  is  hereby  created  in  the state treasury, and utilized for the
 13    extradition of said parole violators.
 14        (b)  No person serving a sentence for rape, incest, committing a lewd  act
 15    upon  a  child,  crime  against  nature,  or with an intent or an assault with
 16    intent to commit any of the said crimes or whose history and conduct  indicate
 17    to the commission that he is a sexually dangerous person, shall be released on
 18    parole  except upon the examination and evaluation of one (1) or more psychia-
 19    trists or psychologists to be selected by the commission and  such  evaluation
 20    shall be duly considered by the commission in making its parole determination.
 21    The  commission may, in its discretion, likewise require a similar examination
 22    and evaluation for persons serving sentences for crimes other than those above
 23    enumerated. No psychiatrist or psychologist making such  evaluation  shall  be
 24    held financially responsible to any person for denial of parole by the commis-
 25    sion  or  for  the  results of the future acts of such person if he be granted
 26    parole.
 27        (c)  Before considering the parole of any prisoner, the  commission  shall
 28    afford  the  prisoner  the  opportunity to be interviewed by the commission, a
 29    commissioner or other designated commission staff. A  designated  report  pre-
 30    pared  by  commission  staff or a designated department of correction employee
 31    which is specifically to be used by the commission in making a parole determi-
 32    nation shall be exempt from public disclosure; such reports  contain  informa-
 33    tion  from  the  presentence  investigation  report,  medical or psychological
 34    information, victim information, designated confidential  witness  information
 35    and criminal history information.  A parole shall be ordered when, in the dis-
 36    cretion  of  the  commission,  it is in the best interests of society, and the
 37    commission believes the prisoner is able and willing to  fulfill  the  obliga-
 38    tions  of  a  law-abiding citizen. Such determination shall not be a reward of
 39    clemency and it shall not be considered to be a reduction  of  sentence  or  a
 40    pardon.  The commission may also by its rules, regulations, policies or proce-
 41    dures fix the times and conditions under which any application denied  may  be
 42    reconsidered. No action may be maintained against the commission and/or any of
 43    its  members in any court in connection with any decision taken by the commis-
 44    sion to parole a prisoner and neither the commission nor its members shall  be
 45    liable in any way for its action with respect thereto.
 46        (d)  In  making any parole or commutation decision with respect to a pris-
 47    oner, the commission shall consider the compliance of the  prisoner  with  any
 48    order of restitution which may have been entered according to section 19-5304,
 49    Idaho  Code. The commission may make compliance with such an order of restitu-
 50    tion a condition of parole.
 51        (e)  Except as provided in subsection (a) of this section, no provision of
 52    chapter 52, title 67, Idaho Code, shall apply to the commission.
 53        (f)  Subject to the limitations of this subsection and notwithstanding any
 54    fixed term of confinement or minimum period of confinement as provided in sec-
 55    tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea-
  1    sons. A prisoner may be considered for medical parole only when  the  prisoner
  2    is permanently incapacitated or terminally ill and when the commission reason-
  3    ably  believes the prisoner no longer poses a threat to the safety of society.
  4    For the purposes of this section "permanently incapacitated" shall mean a per-
  5    son who, by reason of an existing physical condition which is not terminal, is
  6    permanently and irreversibly physically incapacitated.  For  the  purposes  of
  7    this  section "terminally ill" shall mean a person who has an incurable condi-
  8    tion caused by illness or disease and who is irreversibly terminally ill.
  9        (g)  The commission shall prepare and send to the house and  senate  judi-
 10    ciary committees annually a report containing the names, medical condition and
 11    current  status  of  all  persons granted parole pursuant to subsection (f) of
 12    this section.

Statement of Purpose / Fiscal Impact

                STATEMENT OF PURPOSE 
                      RS 10245 
                    Reference:     9-337, I.C.: Definitions 
               9-342, I.C.: Access to records about a person by person
               9-20-223, I.C.: Parole
          The modification to statutes close some gaps regarding which records can
     be exempted from disclosure. The current general statement for the Idaho
     Department of Correction(IDOC) and the Commission of Pardons and
     Parole(Commission),is very broad. 
          There is currently no definition in the public records act for a "prisoner",
     which this change provides. 
          Investigations and reports that Commission Hearing Officers and conduct,
     and Progress Reports submitted by Social Workers, must contain information
     obtained from the Presentence Investigation Report(PSI),along with medical,
     psychological, and criminal history information. This information must be
     maintained in a confidential manner. The PSI is exempted from disclosure by
     Court Rule(Idaho Criminal Rule 32). The new language clarifies that the report
     the Commission uses for parole determination contains information from the PSI
     and other exempted records, to include victim and certain witness information,
     and should be exempt. 
                     FISCAL NOTE 
     There will be a cost-saving 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 NOTE                            S 1553