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S1096...................................................by JUDICIARY AND RULES
JUVENILES - CUSTODY REVIEW BOARD - Amends and adds to existing law to provide
that records of the Custody Review Board of the Idaho Department of Juvenile
Corrections shall be exempt from disclosure; to provide that meetings of the
board shall be held in accordance with open meeting laws; to provide
exceptions; to provide for the confidentiality of certain records; to provide
a penalty for the improper disclosure of confidential records; to limit
applicability of the section; and to authorize executive sessions of the
Custody Review Board.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley,
McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Noble
Floor Sponsor - Lodge
Title apvd - to House
02/25 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Tilman
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 164
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1096
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING SECTION 9-340B,
3 IDAHO CODE, TO PROVIDE THAT RECORDS OF THE CUSTODY REVIEW BOARD OF THE
4 IDAHO DEPARTMENT OF JUVENILE CORRECTIONS SHALL BE EXEMPT FROM DISCLOSURE;
5 AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
6 20-533A, IDAHO CODE, TO PROVIDE THAT MEETINGS OF THE CUSTODY REVIEW BOARD
7 SHALL BE HELD IN ACCORDANCE WITH OPEN MEETING LAWS, TO PROVIDE EXCEPTIONS,
8 TO PROVIDE FOR THE CONFIDENTIALITY OF CERTAIN RECORDS PRODUCED BY THE
9 BOARD, TO PROVIDE A PENALTY FOR IMPROPER DISCLOSURE OF CONFIDENTIAL
10 RECORDS AND TO LIMIT APPLICABILITY OF THE SECTION; AND AMENDING SECTION
11 67-2345, IDAHO CODE, TO AUTHORIZE EXECUTIVE SESSIONS OF THE CUSTODY REVIEW
12 BOARD.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
17 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR-
18 KER'S COMPENSATION. The following records are exempt from disclosure:
19 (1) Investigatory records of a law enforcement agency, as defined in sec-
20 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
21 Idaho Code.
22 (2) Juvenile records of a person maintained pursuant to chapter 5, title
23 20, Idaho Code, except that facts contained in such records shall be furnished
24 upon request in a manner determined by the court to persons and governmental
25 and private agencies and institutions conducting pertinent research studies or
26 having a legitimate interest in the protection, welfare and treatment of the
27 juvenile who is thirteen (13) years of age or younger. If the juvenile is
28 petitioned or charged with an offense which would be a criminal offense if
29 committed by an adult, the name, offense of which the juvenile was petitioned
30 or charged and disposition of the court shall be subject to disclosure as pro-
31 vided in section 20-525, Idaho Code. Additionally, facts contained in any
32 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
33 be furnished upon request to any school district where the juvenile is
34 enrolled or is seeking enrollment.
35 (3) Records of the custody review board of the Idaho department of juve-
36 nile corrections, including records containing the names, addresses and writ-
37 ten statements of victims and family members of juveniles, shall be exempt
38 from public disclosure pursuant to section 20-533A, Idaho Code.
39 (4) (a) The following records of the department of correction:
40 (i) Records of which the public interest in confidentiality, public
41 safety, security and habilitation clearly outweighs the public inter-
42 est in disclosure as identified pursuant to the authority of the
43 Idaho board of correction under section 20-212, Idaho Code;
2
1 (ii) Records that contain any identifying information, or any infor-
2 mation that would lead to the identification of any victims or wit-
3 nesses;
4 (iii) Records that reflect future transportation or movement of a
5 prisoner;
6 (iv) Records gathered during the course of the presentence investi-
7 gation;
8 (v) Records of a prisoner, as defined in section 9-337(9), Idaho
9 Code, or probationer shall not be disclosed to any other prisoner or
10 probationer.
11 (b) Records of buildings, facilities, infrastructures and systems held by
12 or in the custody of any public agency only when the disclosure of such
13 information would jeopardize the safety of persons or the public safety.
14 Such records may include emergency evacuation, escape or other emergency
15 response plans, vulnerability assessments, operation and security manuals,
16 plans, blueprints or security codes. For purposes of this section "system"
17 shall mean electrical, heating, ventilation, air conditioning and telecom-
18 munication systems.
19 (c) Records of the commission of pardons and parole shall be exempt from
20 public disclosure pursuant to section 20-213A, Idaho Code, and section
21 20-223, Idaho Code. Records exempt from disclosure shall also include
22 those containing the names, addresses and written statements of victims.
23 (45) Voting records of the sexual offender classification board. In
24 accordance with section 18-8315, Idaho Code, the written record of the vote to
25 classify an offender as a violent sexual predator by each board member in each
26 case reviewed by that board member shall be exempt from disclosure to the pub-
27 lic and shall be made available upon request only to the governor, the chair-
28 man of the senate judiciary and rules committee, and the chairman of the house
29 of representatives judiciary, rules and administration committee, for all law-
30 ful purposes.
31 (56) Records of the sheriff or Idaho state police received or maintained
32 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
33 (67) Records of investigations prepared by the department of health and
34 welfare pursuant to its statutory responsibilities dealing with the protection
35 of children, the rehabilitation of youth, adoptions and the commitment of men-
36 tally ill persons.
37 (78) Records including, but not limited to, investigative reports,
38 resulting from investigations conducted into complaints of discrimination made
39 to the Idaho human rights commission unless the public interest in allowing
40 inspection and copying of such records outweighs the legitimate public or pri-
41 vate interest in maintaining confidentiality of such records. A person may
42 inspect and copy documents from an investigative file to which he or she is a
43 named party if such documents are not otherwise prohibited from disclosure by
44 federal law or regulation or state law. The confidentiality of this subsection
45 will no longer apply to any record used in any judicial proceeding brought by
46 a named party to the complaint or investigation, or by the Idaho human rights
47 commission, relating to the complaint of discrimination.
48 (89) Records containing information obtained by the manager of the Idaho
49 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
50 behalf of employers or employees contained in underwriting and claims for ben-
51 efits files.
52 (910) The worker's compensation records of the Idaho industrial commis-
53 sion provided that the industrial commission shall make such records avail-
54 able:
55 (a) To the parties in any worker's compensation claim and to the indus-
3
1 trial special indemnity fund of the state of Idaho; or
2 (b) To employers and prospective employers subject to the provisions of
3 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
4 limitations, who certify that the information is being requested with
5 respect to a worker to whom the employer has extended an offer of employ-
6 ment and will be used in accordance with the provisions of the Americans
7 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
8 (c) To employers and prospective employers not subject to the provisions
9 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
10 tory limitations, provided the employer presents a written authorization
11 from the person to whom the records pertain; or
12 (d) To others who demonstrate that the public interest in allowing
13 inspection and copying of such records outweighs the public or private
14 interest in maintaining the confidentiality of such records, as determined
15 by a civil court of competent jurisdiction.
16 (101) Records of investigations compiled by the commission on aging
17 involving vulnerable adults, as defined in section 18-1505, Idaho Code,
18 alleged to be abused, neglected or exploited.
19 (112) Criminal history records and fingerprints, as defined by section
20 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
21 shall be released only in accordance with chapter 30, title 67, Idaho Code.
22 (123) Records furnished or obtained pursuant to section 41-1019, Idaho
23 Code, regarding termination of an appointment, employment, contract or other
24 insurance business relationship between an insurer and a producer.
25 (134) Records of a prisoner or former prisoner in the custody of any state
26 or local correctional facility, when the request is made by another prisoner
27 in the custody of any state or local correctional facility.
28 (145) Except as provided in section 72-1007, Idaho Code, records of the
29 Idaho industrial commission relating to compensation for crime victims under
30 chapter 10, title 72, Idaho Code.
31 SECTION 2. That Chapter 5, Title 20, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 20-533A, Idaho Code, and to read as follows:
34 20-533A. COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS AUTHO-
35 RIZED -- CONFIDENTIALITY OF RECORDS. (1) All meetings of the custody review
36 board of the Idaho department of juvenile corrections shall be held in accor-
37 dance with the open meeting law as provided in chapter 23, title 67, Idaho
38 Code, provided however:
39 (a) Deliberations and decisions of the board concerning whether or not a
40 juvenile shall be held in custody of the Idaho department of juvenile cor-
41 rections for an extended period of time past his or her nineteenth birth-
42 day may be made in executive session; and
43 (b) Votes of individual members in custody decisions shall not be made
44 public, provided that the board shall maintain a record of the votes of
45 the individual members as required in subsection (2) of this section.
46 (2) A written record of the vote to retain the juvenile in custody for an
47 extended period of time by each board member in each case reviewed by that
48 member shall be produced by the board. Such record shall be kept confidential
49 and privileged from disclosure, provided the record shall be made available
50 upon request to the governor, the chairman of the senate judiciary and rules
51 committee and the chairman of the house of representatives judiciary, rules
52 and administration committee for all lawful purposes.
53 (3) A board member or employee of the Idaho department of juvenile cor-
4
1 rections who distributes to any person not specifically listed in this section
2 any hearing information or records that are legally required to be kept confi-
3 dential shall be guilty of a misdemeanor.
4 (4) Nothing contained in this section shall prevent any person from
5 obtaining the results of any action by the board or director of the Idaho
6 department of juvenile corrections without reference to the manner in which
7 any member voted, and the board shall make such information public unless
8 doing so would violate public records laws.
9 (5) Nothing contained in this section shall prevent the director, desig-
10 nated staff of the director, the governor, the chairman of the senate judi-
11 ciary and rules committee or the chairman of the house of representatives
12 judiciary, rules and administration committee from attending any meeting,
13 including any executive session, of the custody review board.
14 SECTION 3. That Section 67-2345, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-2345. EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
17 this act shall be construed to prevent, upon a two-thirds (2/3) vote recorded
18 in the minutes of the meeting by individual vote, a governing body of a public
19 agency from holding an executive session during any meeting, after the presid-
20 ing officer has identified the authorization under this act for the holding of
21 such executive session. An executive session may be held:
22 (a) To consider hiring a public officer, employee, staff member or indi-
23 vidual agent. This paragraph does not apply to filling a vacancy in an
24 elective office;
25 (b) To consider the evaluation, dismissal or disciplining of, or to hear
26 complaints or charges brought against, a public officer, employee, staff
27 member or individual agent, or public school student;
28 (c) To conduct deliberations concerning labor negotiations or to acquire
29 an interest in real property which is not owned by a public agency;
30 (d) To consider records that are exempt from disclosure as provided in
31 chapter 3, title 9, Idaho Code;
32 (e) To consider preliminary negotiations involving matters of trade or
33 commerce in which the governing body is in competition with governing bod-
34 ies in other states or nations;
35 (f) To consider and advise its legal representatives in pending litiga-
36 tion or where there is a general public awareness of probable litigation;
37 (g) By the commission of pardons and parole, as provided by law;
38 (h) By the sexual offender classification board, as provided by chapter
39 83, title 18, Idaho Code;
40 (i) By the custody review board of the Idaho department of juvenile cor-
41 rections, as provided by law.
42 (2) Labor negotiations may be conducted in executive session if either
43 side requests closed meetings. Notwithstanding the provisions of section
44 67-2343, Idaho Code, subsequent sessions of the negotiations may continue
45 without further public notice.
46 (3) No executive session may be held for the purpose of taking any final
47 action or making any final decision.
STATEMENT OF PURPOSE
RS 12891
Amend 67-2345, Idaho Code, to allow the custody review board of
the Idaho Department of Juvenile Corrections to conduct an
executive session, when authorized by law; amend 9-340B, Idaho
Code, to exempt from disclosure certain records of the custody
review board; add a new section, 20-533A, stating the duties of
the custody review board to comply with open meeting laws, hold
executive sessions and retain confidential reports of
proceedings, to be available to certain parties.
FISCAL IMPACT
No fiscal impact
CONTACT
Name: Brent D. Reinke
Agency: Idaho Department of Juvenile Corrections
Phone: 334-5100 ext. 254
Statement of Purpose/Fiscal Impact S 1096
FISCAL IMPACT
Contact
Name:
Phone:
STATEMENT OF PURPOSE/FISCAL NOTE Bill No.