2001 Legislation
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HOUSE BILL NO. 62 – Prisoner record/not accessible/when


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Daily Data Tracking History

H0062................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - RECORDS - Amends existing law to limit access upon the open
records law, in specified conditions, to records for current or former
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to Jud
01/26    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 69-0-1
      AYES -- Barraclough, Barrett, Bedke(Woodhouse), Bell, Bieter, Black,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood,
      Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz,
      Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stone, Swan(Hansen), Tilman, Trail, Wheeler, Wood,
      Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Pischner
    Floor Sponsor - Sali
    Title apvd - to Senate
02/01    Senate intro - 1st rdg - to Jud
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Danielson, Darrington, Davis, Dunklin, Frasure, Geddes,
      Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson,
      Risch, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler,
      Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Cameron, Deide, Hawkins, Noh, Sandy, Stennett
    Floor Sponsor -- Stegner
    Title apvd - to House
03/09    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 48
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 62
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 9-340B, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
 11    exempt from disclosure:
 12        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 13    tion  9-337(6),  Idaho  Code, under the conditions set forth in section 9-335,
 14    Idaho Code.
 15        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
 16    20, Idaho Code, except that facts contained in such records shall be furnished
 17    upon  request  in a manner determined by the court to persons and governmental
 18    and private agencies and institutions conducting pertinent research studies or
 19    having a legitimate interest in the protection, welfare and treatment  of  the
 20    juvenile  who  is  thirteen  (13)  years of age or younger. If the juvenile is
 21    petitioned or charged with  an offense which would be a  criminal  offense  if
 22    committed  by an adult, the name, offense of which the juvenile was petitioned
 23    or charged and disposition of the court shall be subject to disclosure as pro-
 24    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
 25    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
 26    be furnished upon request  to  any  school  district  where  the  juvenile  is
 27    enrolled or is seeking enrollment.
 28        (3)  (a) Until  July  1,  2001, records of the department of correction to
 29        the extent that disclosure thereof would interfere  with  the  secure  and
 30        orderly  conduct  of their operations, or the rehabilitation of any person
 31        in the custody of the department of  correction,  or  would  substantially
 32        prejudice  or  prevent the carrying out of the functions of the department
 33        of correction if the public interest in confidentiality clearly  outweighs
 34        the  public  interest  in disclosure. Records exempt from disclosure shall
 35        include, but not be limited to, those containing the names  and  addresses
 36        of  witnesses  or victims or those containing information identifying vic-
 37        tims or witnesses.
 38        (b)  Operation and security manuals, plans or codes of  county  jails  and
 39        buildings  owned  or leased by Idaho state government, a county or a city.
 40        "Operation manuals" are those internal documents of any  state  government
 41        agency,  county  or  city building or jail that define the procedures uti-
 42        lized to maintain security within the building or jail. "Plans  or  codes"
 43        relate  only to those documents, the release of which could jeopardize the
  1        safety of workers in those  buildings,  or  adversely  affect  the  public
  2        safety.
  3        (c)  Records  of the commission of pardons and parole shall be exempt from
  4        public disclosure pursuant to section 20-213A,  Idaho  Code,  and  section
  5        20-223,  Idaho  Code.  Records  exempt  from disclosure shall also include
  6        those containing the names, addresses and written statements of victims.
  7        (4)  Voting records of the sexual offender classification board. In accor-
  8    dance  with section 18-8315, Idaho Code, the written record  of  the  vote  to
  9    classify an offender as a violent sexual predator by each board member in each
 10    case reviewed by that board member shall be exempt from disclosure to the pub-
 11    lic  and shall be made available upon request only to the governor, the chair-
 12    man of the senate judiciary and rules committee, and the chairman of the house
 13    of representatives judiciary, rules and administration committee, for all law-
 14    ful purposes.
 15        (5)  Records of the sheriff or Idaho state police received  or  maintained
 16    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 17        (6)  Records  of  investigations  prepared by the department of health and
 18    welfare pursuant to its statutory responsibilities dealing with the protection
 19    of children, the rehabilitation of youth, adoptions and the commitment of men-
 20    tally ill persons.
 21        (7)  Records including, but not limited to, investigative reports, result-
 22    ing from investigations conducted into complaints of  discrimination  made  to
 23    the  Idaho  human  rights  commission  unless  the public interest in allowing
 24    inspection and copying of such records outweighs the legitimate public or pri-
 25    vate interest in maintaining confidentiality of such  records.  A  person  may
 26    inspect  and copy documents from an investigative file to which he or she is a
 27    named party if such documents are not otherwise prohibited from disclosure  by
 28    federal law or regulation or state law. The confidentiality of this subsection
 29    will  no longer apply to any record used in any judicial proceeding brought by
 30    a named party to the complaint or investigation, or by the Idaho human  rights
 31    commission, relating to the complaint of discrimination.
 32        (8)  Records  containing  information obtained by the manager of the Idaho
 33    state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or  on
 34    behalf of employers or employees contained in underwriting and claims for ben-
 35    efits files.
 36        (9)  The  worker's compensation records of the Idaho industrial commission
 37    provided that the industrial commission shall make such records available:
 38        (a)  To the parties in any worker's compensation claim and to  the  indus-
 39        trial special indemnity fund of the state of Idaho; or
 40        (b)  To  employers  and prospective employers subject to the provisions of
 41        the Americans with disabilities act, 42 U.S.C. 12112, or  other  statutory
 42        limitations,  who  certify  that  the  information is being requested with
 43        respect to a worker to whom the employer has extended an offer of  employ-
 44        ment  and  will be used in accordance with the provisions of the Americans
 45        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
 46        (c)  To employers and prospective employers not subject to the  provisions
 47        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
 48        tory limitations, provided the employer presents a  written  authorization
 49        from the person to whom the records pertain; or
 50        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 51        inspection and copying of such records outweighs  the  public  or  private
 52        interest in maintaining the confidentiality of such records, as determined
 53        by a civil court of competent jurisdiction.
 54        (10) Records of investigations compiled by the commission on aging involv-
 55    ing  vulnerable  adults, as defined in section 18-1505, Idaho Code, alleged to
  1    be abused, neglected or exploited.
  2        (11) Criminal history records and  fingerprints,  as  defined  by  section
  3    67-3001,  Idaho  Code,  and  compiled  by the Idaho state police. Such records
  4    shall be released only in accordance with chapter 30, title 67, Idaho Code.
  5        (12) Records of a prisoner or former prisoner in the custody of any  state
  6    or  local  correctional facility, when the request is made by another prisoner
  7    in the custody of any state or local correctional facility.
  8        SECTION 2.  That Section 9-342, Idaho Code, be, and  the  same  is  hereby
  9    amended to read as follows:
 10        9-342.  ACCESS  TO  RECORDS  ABOUT  A PERSON BY A PERSON. (1) A person may
 11    inspect and copy the records of a public agency  or  independent  public  body
 12    corporate  and politic pertaining to that person, even if the record is other-
 13    wise exempt from public disclosure.
 14        (2)  A person may request in writing an amendment of any record pertaining
 15    to that person. Within ten (10) days of the receipt of the request, the public
 16    agency or independent public body corporate and politic shall either:
 17        (a)  Make any correction of any portion of the  record  which  the  person
 18        establishes is not accurate, relevant, or complete; or
 19        (b)  Inform  the  person  in writing of the refusal to amend in accordance
 20        with the request and the reasons for the refusal, and indicate clearly the
 21        person's right to appeal the refusal and the time period for doing so. The
 22        procedures for appealing a refusal to amend shall be the same as those set
 23        forth in sections 9-343 and 9-344, Idaho Code, and  the  court  may  award
 24        reasonable  costs  and attorney's fees to the prevailing party or parties,
 25        if it finds that the request for amendment or refusal to amend was  frivo-
 26        lously pursued.
 27        (3)  The right to inspect and amend records pertaining to oneself does not
 28    include the right to review:
 29        (a)  Otherwise exempt investigatory records of a public agency or indepen-
 30        dent public body corporate and politic if the investigation is ongoing;
 31        (b)  Information  that  is  compiled in reasonable anticipation of a civil
 32        action or proceeding which is not otherwise discoverable;
 33        (c)  The information relates to adoption records;
 34        (d)  Information which is otherwise exempt from disclosure by  statute  or
 35        court rule;
 36        (e)  Records  of a prisoner maintained by the state or local agency having
 37        custody of the prisoner or formerly having custody of the prisoner  or  by
 38        the commission of pardons and parole.

Statement of Purpose / Fiscal Impact

                  STATEMENT OF PURPOSE
                        RS 10639
The purpose of this legislation is to prevent prisoners
from obtaining records for the purpose of harassment of
records officials or other prisoners. Idaho law already
prevents public records requests from prisoners as to their
own records in the facility at which they are held. However,
no protection is afforded for former jails or institutions
that previously held the prisoner. In addition, no protection
for other inmates is afforded. Prisoners are able to request
records on other inmates, which can be used to blackmail or
otherwise harass the inmate. This legislation will bar
prisoners from such tactics, protect persons from blackmail
or worse, and save institutions the cost of administering
prisoner harassment requests. If litigation is ongoing, the
prisoner may still obtain this information through valid
discovery requests and subpoena power.

                     FISCAL IMPACT
This legislation will have a positive effect on the
general fund, in that state monies will be saved when state
correctional administrators will not have to respond to
requests from prisoners to copy voluminous files. Similar
savings will occur at the county level.
CONTACT:  Idaho Sheriffs Association, Michael J. Kane
Phone: 342-4545