2000 Legislation
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SENATE BILL NO. 1552 – Records, Pardons/Parole Comm

SENATE BILL NO. 1552

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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

Bill Text


 S1552
                                                                        
                                                                        
  ||||              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 or
 34        the commission of pardons and parole to 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 parole if 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 / Fiscal Impact


                 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