2000 Legislation
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SENATE CONCURRENT RESOLUTION NO. 143 – Sentencing/mandatory minimum/study

SENATE CONCURRENT RESOLUTION NO. 143

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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

Bill Text


 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 / Fiscal Impact


                      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