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S1534................................................by JUDICIARY AND RULES
PARDONS AND PAROLE COMMISSION - Amends existing law to delete references to
the Board of Correction with respect to meetings of the Commission of
Pardons and Parole and distribution of commission reports.
02/29 Senate intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 28-0-7
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Sorensen, Stennett, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow, Davis, Ipsen, King-Barrutia, Schroeder,
Stegner, Thorne
Floor Sponsor - Ingram
Title apvd - to House
03/17 House intro - 1st rdg - to Jud
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Campbell, Chase, Cheirrett, Crow, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher),
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, Wood, Zimmermann
NAYS -- None
Absent and excused -- Callister, Clark,
Floor Sponsor - Smith
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 362
Effective: 07/01/00
S1534
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1534
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE COMMISSION OF PARDONS AND PAROLE; AMENDING SECTION 20-213A,
3 IDAHO CODE, TO DELETE REFERENCES TO THE BOARD OF CORRECTION WITH RESPECT
4 TO MEETINGS OF THE COMMISSION AND DISTRIBUTION OF REPORTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-213A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-213A. COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS AUTHO-
9 RIZED -- REPORT REQUIRED. (1) All meetings of the commission of pardons and
10 parole shall be held in accordance with the open meeting law as provided in
11 chapter 23, title 67, Idaho Code, except:
12 (a) Deliberations and decisions concerning the granting, revoking, rein-
13 stating or refusing of paroles, or the granting or denying of pardons or
14 commutations, may be made in executive session; and
15 (b) Votes of individual members in arriving at the parole, pardon or com-
16 mutation decisions shall not be made public, provided that the commission
17 shall maintain a record of the votes of the individual members as required
18 in subsection (2) of this section.
19 (2) A written record of the vote to grant or deny parole, pardon or com-
20 mutation, by each commission member in each case reviewed by that member shall
21 be produced by the commission. The record produced by the commission pursuant
22 to this section shall be kept confidential and privileged from disclosure,
23 provided the record shall be made available, upon request, to the governor and
24 the chairman of the senate judiciary and rules committee and the chairman of
25 the house of representatives judiciary, rules and administration committee,
26 for all lawful purposes. Distribution of the report by a commissioner or an
27 employee of the executive director or board to any person not specifically
28 listed in this section shall be a misdemeanor.
29 (3) Nothing contained in this section shall prevent any person from
30 obtaining the results of any parole, pardon or commutation action by the com-
31 mission without reference to the manner in which any member voted, and the
32 commission shall make such information public information.
33 (4) Nothing contained herein shall prevent a member of the board of cor-
34 rection, the executive director for the commission or designated staff of the
35 executive director from attending any meeting including an executive session
36 of the commission of pardons and parole.
37 (5) Nothing contained herein shall prevent the governor and chairman of
38 the senate judiciary and rules committee and the chairman of the house of rep-
39 resentatives judiciary, rules and administration committee from attending any
40 meeting including an executive session of the commission of pardons and
41 parole.
STATEMENT OF PURPOSE
RS09981
REF: Open Meeting Law
Reference: Section 20-213A, Idaho Code. Compliance with open meeting law
-- Executive sessions authorized - Report required.
The changes in this statute are in reference to the laws passed in 1999 to place the
Commission of Pardons and Parole under the Governor rather than the Board of
Correction. Prior to this time, the Board of Correction was the appointing
authority. Under the new organization, the Board of Correction has no authority
over the Commission. This particular statute change was not made last year.
FISCAL IMPACT:
None.
CONTACT: Olivia Craven, Executive Director
Commission of Pardons and Parole
Phone: 208/334-2520
STATEMENT OF PURPOSE/FISCAL IMPACT S 1534