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H0218aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
DEATH SENTENCE/WARRANT - Amends and repeals existing law relating to
confinement under death sentences and death warrants; to provide that the
warden of the prison in which a person is incarcerated pursuant to a death
warrant for which execution has not been stayed shall keep the condemned
person in solitary confinement until execution; to provide that persons
under death warrant will be allowed contact visits with their attorney of
record and the agents of their attorney of record; to provide for contact
visits between condemned persons and certain persons; to provide that all
visits with condemned persons shall take place only in accordance with
prison rules; to provide that prison officials may suspend or deny visits
under certain conditions; to provide that the condemned person may have
contact visits with certain persons in the seven days immediately preceding
a scheduled execution; to provide that the warden is not required to hold a
person in solitary confinement or otherwise restrict access to such person
until the stay of a death warrant is lifted or a new death warrant has been
stayed; to provide that no condemned person shall be housed in less than
maximum security confinement; and to provide that a warden's discretion is
not limited regarding the housing of a condemned person under more
restrictive conditions under certain circumstances.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 60-10-0
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake,
Langhorst(Wallace), Martinez, Meyer, Miller, Mitchell, Naccarato,
Nielsen, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Bedke, Block, Eberle, Harwood, Kulczyk, Langford, McGeachin,
McKague, Moyle, Raybould
Absent and excused -- None
Floor Sponsor - Jaquet
Title apvd - to Senate
03/12 Senate intro - 1st rdg - to Jud
03/20 Rpt out - to 14th Ord
03/26 Rpt out amen - to 1st rdg as amen
03/27 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 31-1-3
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Roberts),
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, Noble, Richardson, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- Davis
Absent and excused -- McWilliams, Noh, Pearce
Floor Sponsors - Sorensen & Burkett(Roberts)
Title apvd - to House
04/01 House concurred in Senate amens - to engros
04/02 Rpt engros - 1st rdg - to 2nd rdg as amen
04/03 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 63-4-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Langhorst, Martinez, McGeachin, 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, Tilman,
Trail(Young), Wills, Wood, Mr. Speaker
NAYS -- Kellogg, Kulczyk, Langford, McKague
Absent and excused -- Clark, Eberle, Lake
Floor Sponsor - Jaquet
Title apvd - to enrol
04/07 Rpt enrol - Sp signed - Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 282
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 218
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONFINEMENT UNDER DEATH SENTENCES AND DEATH WARRANTS; REPEALING
3 SECTION 19-2705, IDAHO CODE; AND AMENDING SECTION 19-2706, IDAHO CODE, TO
4 REDESIGNATE THE SECTION, TO PROVIDE REFERENCE TO DEATH SENTENCES, TO PRO-
5 VIDE THAT THE WARRANT SHALL BE DIRECTED TO THE DIRECTOR OF THE IDAHO
6 DEPARTMENT OF CORRECTION, TO PROVIDE THAT THE WARDEN OF THE PRISON IN
7 WHICH A PERSON IS INCARCERATED PURSUANT TO A DEATH WARRANT FOR WHICH EXE-
8 CUTION HAS NOT BEEN STAYED SHALL KEEP THE CONDEMNED PERSON IN SOLITARY
9 CONFINEMENT UNTIL EXECUTION, TO FURTHER DEFINE TERMS, TO PROVIDE FOR CON-
10 TACT VISITS BETWEEN CONDEMNED PERSONS AND CERTAIN PERSONS, TO PROVIDE THAT
11 ALL VISITS WITH CONDEMNED PERSONS SHALL TAKE PLACE ONLY IN ACCORDANCE WITH
12 PRISON RULES, TO PROVIDE THAT PRISON OFFICIALS MAY SUSPEND OR DENY VISITS
13 UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE CONDEMNED PERSON MAY HAVE
14 CONTACT VISITS WITH CERTAIN PERSONS IN THE SEVEN DAYS IMMEDIATELY PRECED-
15 ING A SCHEDULED EXECUTION, TO PROVIDE THAT THE WARDEN IS NOT REQUIRED TO
16 HOLD A PERSON IN SOLITARY CONFINEMENT OR OTHERWISE RESTRICT ACCESS TO SUCH
17 PERSON UNTIL THE STAY OF A DEATH WARRANT IS LIFTED OR A NEW DEATH WARRANT
18 IS ISSUED IF THE PERSON HAS BEEN SENTENCED TO DEATH BUT THE DEATH WARRANT
19 HAS BEEN STAYED, TO PROVIDE THAT NO CONDEMNED PERSON SHALL BE HOUSED IN
20 LESS THAN CLOSE CUSTODY CONFINEMENT, AND TO PROVIDE THAT THE SECTION DOES
21 NOT LIMIT THE WARDEN'S DISCRETION TO HOUSE A CONDEMNED PERSON UNDER MORE
22 RESTRICTIVE CONDITIONS UNDER CERTAIN CIRCUMSTANCES.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 19-2705, Idaho Code, be, and the same is hereby
25 repealed.
26 SECTION 2. That Section 19-2706, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 19-27065. DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER --
29 ACCESS TO CONDEMNED PERSON. (1) Whenever a person is sentenced to death, the
30 judge passing sentence shall, in accordance with section 19-2719, Idaho Code,
31 sign and file a death warrant fixing a date of execution not more than thirty
32 (30) days thereafter.
33 (2) The warrant shall be directed to the warden director of the state
34 penitentiary Idaho department of correction and shall be delivered to him
35 forthwith.
36 (3) Whenever a person is under death warrant, execution of which has not
37 been stayed, the warden of the prison in which the person is incarcerated
38 shall keep the condemned person in solitary confinement until execution. No
39 person shall be allowed access to the condemned person except law enforcement
40 personnel investigating matters within the scope of their duties, the attorney
41 of record, attending physicians, a spiritual adviser of the condemned's choos-
42 ing, and members of the immediate family of the condemned, and then only in
2
1 accordance with prison rules. Persons under sentence of death will be allowed
2 contact visits with their attorneys of record. Such visits will take place
3 subject to prison rules. No other contact visits shall be permitted. Prison
4 officials have authority to suspend or deny visits when the safe, secure and
5 orderly operation of the facility or public safety could be compromised.
6 (4) For purposes of this section a "contact visit" is defined as a meet-
7 ing between a condemned person and the attorney of record another person dur-
8 ing which the parties are not separated by a screen or other partition which
9 prohibits physical contact. Contact visits with attorneys of record or agents
10 of the attorneys of record will take place in a private, confidential setting
11 where the prisoner and his attorney are in the same room.
12 (5) For the purposes of this section, "agents of the attorneys of record"
13 means employees of the attorneys of record including investigators,
14 paralegals, legal interns and mitigation specialists but does not include
15 retained experts or other independent contractors of the attorneys of record.
16 (6) For the purposes of this section, "legal intern" means a qualified
17 law student or recent law school graduate who, upon application and approval
18 by the Idaho state bar association, is granted a limited license to engage in
19 the practice of law.
20 (7) No person shall be allowed access to the condemned person under death
21 warrant except law enforcement personnel investigating matters within the
22 scope of their duties, the condemned person's attorneys of record, the agents
23 of the condemned person's attorneys of record, attending physicians, spiritual
24 advisers of the condemned person's choosing and approved visitors.
25 (8) Persons under death warrant shall be allowed contact visits with
26 their attorneys of record and the agents of the attorneys of record.
27 (9) Contact visits between the condemned person and persons other than
28 his attorneys of record and the agents of the attorneys of record may be
29 allowed at the discretion of prison officials.
30 (10) All visits, contact or noncontact, with a condemned person, whether
31 such person is under sentence of death or death warrant, shall take place only
32 in accordance with prison rules. Prison officials shall have the authority to
33 suspend or deny such visits when public safety or the safe, secure and orderly
34 operation of the prison could be compromised.
35 (11) In the seven (7) days immediately preceding the scheduled execution
36 of a condemned person, the condemned person may have contact visits with spir-
37 itual advisers of the condemned person's choosing and members of the condemned
38 person's family, in addition to the attorneys of record and the agents of the
39 attorneys of record.
40 (12) When a person has been sentenced to death, but the death warrant has
41 been stayed, the warden is not required to hold such person in solitary con-
42 finement or to restrict access to him until the stay of the death warrant is
43 lifted or a new death warrant is issued by the sentencing court; provided how-
44 ever, no condemned person shall be housed in less than close custody confine-
45 ment, and provided further that nothing in this section shall be construed to
46 limit the warden's discretion to house such person under conditions more
47 restrictive if necessary to ensure public safety or the safe, secure and
48 orderly operation of the facility.
49 (13) Nothing in this section shall be construed to create a liberty inter-
50 est in the condemned person or to expand the right of access to courts under
51 state or federal law.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Burkett
Seconded by Sorensen
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 218
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 1, delete "sentence of death" and
3 insert: "sentence of death warrant"; in line 2, following "record" insert:
4 "and the agents of their attorneys of record"; delete lines 25 and 26; in line
5 27, delete "(9)" and insert: "(8)"; also in line 27, delete "Contact" and
6 insert: "When a person has been sentenced to death, but the death warrant has
7 been stayed, contact"; in line 30, delete "(10)" and insert: "(9)"; in line
8 35, delete "(11)" and insert: "(10)"; in line 40, delete "(12)" and insert:
9 "(11)"; in line 44, delete "close custody" and insert: "maximum security"; and
10 in line 49, delete "(13)" and insert: "(12)".
11 CORRECTIONS TO TITLE
12 On page 1, in line 9, following "EXECUTION," insert: "TO PROVIDE THAT PER-
13 SONS UNDER DEATH WARRANT WILL BE ALLOWED CONTACT VISITS WITH THEIR ATTORNEYS
14 OF RECORD AND THE AGENTS OF THEIR ATTORNEYS OF RECORD,"; and in line 20,
15 delete "CLOSE CUSTODY" and insert: "MAXIMUM SECURITY".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 218, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONFINEMENT UNDER DEATH SENTENCES AND DEATH WARRANTS; REPEALING
3 SECTION 19-2705, IDAHO CODE; AND AMENDING SECTION 19-2706, IDAHO CODE, TO
4 REDESIGNATE THE SECTION, TO PROVIDE REFERENCE TO DEATH SENTENCES, TO PRO-
5 VIDE THAT THE WARRANT SHALL BE DIRECTED TO THE DIRECTOR OF THE IDAHO
6 DEPARTMENT OF CORRECTION, TO PROVIDE THAT THE WARDEN OF THE PRISON IN
7 WHICH A PERSON IS INCARCERATED PURSUANT TO A DEATH WARRANT FOR WHICH EXE-
8 CUTION HAS NOT BEEN STAYED SHALL KEEP THE CONDEMNED PERSON IN SOLITARY
9 CONFINEMENT UNTIL EXECUTION, TO PROVIDE THAT PERSONS UNDER DEATH WARRANT
10 WILL BE ALLOWED CONTACT VISITS WITH THEIR ATTORNEYS OF RECORD AND THE
11 AGENTS OF THEIR ATTORNEYS OF RECORD, TO FURTHER DEFINE TERMS, TO PROVIDE
12 FOR CONTACT VISITS BETWEEN CONDEMNED PERSONS AND CERTAIN PERSONS, TO PRO-
13 VIDE THAT ALL VISITS WITH CONDEMNED PERSONS SHALL TAKE PLACE ONLY IN
14 ACCORDANCE WITH PRISON RULES, TO PROVIDE THAT PRISON OFFICIALS MAY SUSPEND
15 OR DENY VISITS UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE CONDEMNED
16 PERSON MAY HAVE CONTACT VISITS WITH CERTAIN PERSONS IN THE SEVEN DAYS
17 IMMEDIATELY PRECEDING A SCHEDULED EXECUTION, TO PROVIDE THAT THE WARDEN IS
18 NOT REQUIRED TO HOLD A PERSON IN SOLITARY CONFINEMENT OR OTHERWISE
19 RESTRICT ACCESS TO SUCH PERSON UNTIL THE STAY OF A DEATH WARRANT IS LIFTED
20 OR A NEW DEATH WARRANT IS ISSUED IF THE PERSON HAS BEEN SENTENCED TO DEATH
21 BUT THE DEATH WARRANT HAS BEEN STAYED, TO PROVIDE THAT NO CONDEMNED PERSON
22 SHALL BE HOUSED IN LESS THAN MAXIMUM SECURITY CONFINEMENT, AND TO PROVIDE
23 THAT THE SECTION DOES NOT LIMIT THE WARDEN'S DISCRETION TO HOUSE A CON-
24 DEMNED PERSON UNDER MORE RESTRICTIVE CONDITIONS UNDER CERTAIN CIRCUM-
25 STANCES.
26 Be It Enacted by the Legislature of the State of Idaho:
27 SECTION 1. That Section 19-2705, Idaho Code, be, and the same is hereby
28 repealed.
29 SECTION 2. That Section 19-2706, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 19-27065. DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER --
32 ACCESS TO CONDEMNED PERSON. (1) Whenever a person is sentenced to death, the
33 judge passing sentence shall, in accordance with section 19-2719, Idaho Code,
34 sign and file a death warrant fixing a date of execution not more than thirty
35 (30) days thereafter.
36 (2) The warrant shall be directed to the warden director of the state
37 penitentiary Idaho department of correction and shall be delivered to him
38 forthwith.
39 (3) Whenever a person is under death warrant, execution of which has not
40 been stayed, the warden of the prison in which the person is incarcerated
41 shall keep the condemned person in solitary confinement until execution. No
42 person shall be allowed access to the condemned person except law enforcement
2
1 personnel investigating matters within the scope of their duties, the attorney
2 of record, attending physicians, a spiritual adviser of the condemned's choos-
3 ing, and members of the immediate family of the condemned, and then only in
4 accordance with prison rules. Persons under sentence of death warrant will be
5 allowed contact visits with their attorneys of record and the agents of their
6 attorneys of record. Such visits will take place subject to prison rules. No
7 other contact visits shall be permitted. Prison officials have authority to
8 suspend or deny visits when the safe, secure and orderly operation of the
9 facility or public safety could be compromised.
10 (4) For purposes of this section a "contact visit" is defined as a meet-
11 ing between a condemned person and the attorney of record another person dur-
12 ing which the parties are not separated by a screen or other partition which
13 prohibits physical contact. Contact visits with attorneys of record or agents
14 of the attorneys of record will take place in a private, confidential setting
15 where the prisoner and his attorney are in the same room.
16 (5) For the purposes of this section, "agents of the attorneys of record"
17 means employees of the attorneys of record including investigators,
18 paralegals, legal interns and mitigation specialists but does not include
19 retained experts or other independent contractors of the attorneys of record.
20 (6) For the purposes of this section, "legal intern" means a qualified
21 law student or recent law school graduate who, upon application and approval
22 by the Idaho state bar association, is granted a limited license to engage in
23 the practice of law.
24 (7) No person shall be allowed access to the condemned person under death
25 warrant except law enforcement personnel investigating matters within the
26 scope of their duties, the condemned person's attorneys of record, the agents
27 of the condemned person's attorneys of record, attending physicians, spiritual
28 advisers of the condemned person's choosing and approved visitors.
29 (8) When a person has been sentenced to death, but the death warrant has
30 been stayed, contact visits between the condemned person and persons other
31 than his attorneys of record and the agents of the attorneys of record may be
32 allowed at the discretion of prison officials.
33 (9) All visits, contact or noncontact, with a condemned person, whether
34 such person is under sentence of death or death warrant, shall take place only
35 in accordance with prison rules. Prison officials shall have the authority to
36 suspend or deny such visits when public safety or the safe, secure and orderly
37 operation of the prison could be compromised.
38 (10) In the seven (7) days immediately preceding the scheduled execution
39 of a condemned person, the condemned person may have contact visits with spir-
40 itual advisers of the condemned person's choosing and members of the condemned
41 person's family, in addition to the attorneys of record and the agents of the
42 attorneys of record.
43 (11) When a person has been sentenced to death, but the death warrant has
44 been stayed, the warden is not required to hold such person in solitary con-
45 finement or to restrict access to him until the stay of the death warrant is
46 lifted or a new death warrant is issued by the sentencing court; provided how-
47 ever, no condemned person shall be housed in less than maximum security con-
48 finement, and provided further that nothing in this section shall be construed
49 to limit the warden's discretion to house such person under conditions more
50 restrictive if necessary to ensure public safety or the safe, secure and
51 orderly operation of the facility.
52 (12) Nothing in this section shall be construed to create a liberty inter-
53 est in the condemned person or to expand the right of access to courts under
54 state or federal law.
STATEMENT OF PURPOSE
RS 12864
This bill will remove the statutory restrictions placed on the
Department of Corrections regarding the imposition of solitary
confinement and other conditions of confinement on death row. The
current law requires to the Department to hold death-sentenced
prisoners in solitary confinement and places severe restrictions
on who may visit such a prisoner and on the conditions of
visitation. These restrictions apply even if a court has stayed
the execution date and the statute has resulted in some prisoners
being held in solitary confinement for more than a decade.
Removing these statutory restrictions will give the Department the
ability to better manage the behavior of death-sentenced inmates
by giving it the discretion to grant and withdraw ordinary
privileges afforded to other high-security inmates, while still
requiring the Department to house such inmates in the highest
security level.
FISCAL IMPACT
There could be some savings to the budget of the Department of
Corrections. There is no decrease in security.
Contact
Name: Wendy Jaquet
Phone: 332-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 21