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SCR143.........................................................by SCHROEDER
SENTENCING - MANDATORY MINIMUM - Stating findings of the Legislature and
authorizing the Legislative Council to appoint a committee to undertake and
complete a study of Idaho's mandatory minimum sentencing laws for the
purpose of proposing legislation to amend or eliminate those mandatory
minimum sentences that inappropriately restrict the discretion and latitude
of the courts.
01/28 Senate intro - 1st rdg - to printing
01/31 Rpt prt - to St Aff
SCR143
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 143
BY SCHROEDER
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
3 APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF IDAHO'S MANDATORY
4 MINIMUM SENTENCING LAWS FOR THE PURPOSE OF PROPOSING LEGISLATION TO AMEND
5 OR ELIMINATE THOSE MANDATORY MINIMUM SENTENCES THAT INAPPROPRIATELY
6 RESTRICT THE DISCRETION AND LATITUDE OF THE COURTS.
7 Be It Resolved by the Legislature of the State of Idaho:
8 WHEREAS, Idaho's criminal laws provide a myriad of mandatory minimum pen-
9 alties; and
10 WHEREAS, mandatory minimum sentencing was originally intended to provide
11 for more consistency in the sentences imposed by the courts in the various
12 judicial districts for the same or similar crimes; and
13 WHEREAS, in the years since the inception of mandatory minimum sentencing,
14 judges are finding that rather than creating consistency and fairness, manda-
15 tory minimum sentencing has operated to so severely limit their discretion
16 that they are being forced in many instances to require a punishment that is
17 inappropriate to the offense or the circumstances of the offense and are pro-
18 hibited from considering other more appropriate sentencing options; and
19 WHEREAS, the inability of the courts to tailor the punishment to the
20 defendant's circumstances and the crime involved has reduced the respect and
21 confidence of the public in the criminal justice system and can result in
22 unfair treatment of, and bitterness in, the person convicted; and
23 WHEREAS, in addition, mandatory minimum sentencing can impose unnecessary
24 incarceration requirements, causing a strain on state and local resources and
25 overburdening of county jails and other correctional facilities with persons
26 who could be satisfactorily punished by means of other sentencing alterna-
27 tives; and
28 WHEREAS, it is critical that comprehensive legislation be proposed to
29 alter Idaho's sentencing scheme to give the courts greater discretion and lat-
30 itude in sentencing.
31 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
32 sion of the Fifty-fifth Idaho Legislature, the Senate and the House of Repre-
33 sentatives concurring therein, that the Legislative Council is authorized to
34 appoint a committee to undertake and complete a study of Idaho's mandatory
35 minimum sentencing laws for the purpose of proposing legislation that amends
36 or eliminates those mandatory minimum sentences which inappropriately restrict
37 the latitude and discretion of the courts. The Legislative Council shall
38 determine the number of legislators and membership from each house appointed
39 to the committee and shall authorize the committee to receive input, advice
40 and assistance from interested and affected parties who are not members of the
41 legislature.
42 BE IT FURTHER RESOLVED that nonlegislative members of the committee may be
43 appointed by the cochairs of the committee who are appointed by the Legisla-
44 tive Council. Nonlegislative members of the advisory committee shall not be
2
1 reimbursed from legislative funds for per diem, mileage or other expenses and
2 shall not have voting privileges regarding the committee's recommendations or
3 proposed legislation.
4 BE IT FURTHER RESOLVED that the committee shall report its findings, rec-
5 ommendations and proposed legislation to the First Regular Session of the
6 Fifty-sixth Idaho Legislature.
STATEMENT OF PURPOSE
RS 09819
The purpose of this legislation is to authorize the Legislative
Council to appoint a committee to undertake and complete a study
of Idaho's mandatory minimum sentencing laws forthe purpose of
proposing legislation to amend or eliminate those mandatory
minimum sentencesthat inappropriately restrict the discretion
and latitude of the Courts.
FISCAL IMPACT
There will be a fiscal impact of $15,000 - $20,000
Contact: Senator Gary J. Schroeder
332-1321
STATEMENT OF PURPOSE/FISCAL IMPACT SCR 143