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HCR042aa.............................by JUDICIARY, RULES AND ADMINISTRATION CRIMINAL SENTENCING TASK FORCE - Stating findings of the Legislature and authorizing the Legislative Council to appoint a task force to study criminal sentencing in Idaho. 02/12 House intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/20 Rpt out - to Gen Ord 02/26 Rpt out amen - to engros 02/27 Rpt engros - 1st rdg - to 2nd rdg as amen 03/01 2nd rdg - to 3rd rdg as amen 03/04 3rd rdg as amen - ADOPTED - 60-7-3 AYES -- Andersen, Barraclough, Barrett, Bauer, Black, 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, Lake, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail(Bennett), Mr. Speaker NAYS -- Bayer, Bedke, Bell, Block, Kulczyk, Langford, Rydalch Absent and excused -- Stevenson, Wills, Wood Floor Sponsor - Boe Title apvd - to Senate 03/05 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 42 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND DIRECTING THE LEGISLATIVE COUNCIL TO APPOINT 3 A TASK FORCE TO STUDY CRIMINAL SENTENCING IN IDAHO. 4 Be It Resolved by the Legislature of the State of Idaho: 5 WHEREAS, incarceration rates and costs have increased dramatically in 6 recent years; and 7 WHEREAS, the Legislature seeks to ensure the imposition of appropriate and 8 just criminal penalties, and to make the most efficient use of correctional 9 resources; and 10 WHEREAS, criminal sentences should be imposed fairly, rationally and con- 11 sistently, and incarceration should be reserved for the most serious offend- 12 ers; and 13 WHEREAS, the Legislature seeks to ensure a criminal justice system that 14 protects the safety of the public and emphasizes the accountability of the 15 offender to the criminal justice system and the accountability of the criminal 16 justice system to the public; and 17 WHEREAS, criminal sentencing and parole practices are sufficiently complex 18 and dynamic that it would be desirable for an interim task force to examine 19 and make further recommendations. 20 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 21 sion of the Fifty-seventh Idaho Legislature, the House of Representatives and 22 the Senate concurring therein, that the Legislative Council is authorized to 23 appoint, on or before July 1, 2004, a bipartisan task force to undertake and 24 complete a study of criminal sentencing and parole practices. The Legislative 25 Council shall determine the number of legislators and membership from each 26 house appointed to the task force and shall authorize the task force to 27 receive input, advice and assistance from interested and affected parties who 28 are not members of the Legislature. 29 BE IT FURTHER RESOLVED that nonlegislative members of the task force shall 30 be appointed by the cochairs of the task force who are appointed by the Legis- 31 lative Council. Nonlegislative members of the task force shall include repre- 32 sentatives of the judiciary, the Board of Correction, the Attorney General, 33 the State Appellate Public Defender, the Parole Commission, prosecuting attor- 34 neys, criminal defense attorneys, crime victim organizations and inmate advo- 35 cacy organizations. Nonlegislative members of the task force shall serve with- 36 out honorarium or compensation but shall be reimbursed for actual and neces- 37 sary expenses pursuant to Section 59-509(b), Idaho Code. Nonlegislative mem- 38 bers shall not have voting privileges regarding the task force's recommenda- 39 tions or proposed legislation. 40 BE IT FURTHER RESOLVED that the task force shall evaluate the effective- 41 ness of the criminal sentencing structure of the state including, but not lim- 42 ited to, consideration and review of the following: 43 (1) Each criminal statute to determine if the penalty provided is propor- 44 tional to the seriousness of the offense committed and to penalties provided 2 1 for other offenses; 2 (2) The risks and benefits of allowing inmates earned time credit; 3 (3) The potential savings that could be achieved with incremental reduc- 4 tions in mandatory minimum sentences; 5 (4) Any trends related to racial, gender or geographical disparity in 6 sentences; 7 (5) The number and profile of inmates who are granted or denied parole at 8 the end of their fixed terms; 9 (6) The reasons for denying parole to inmates who have served the fixed 10 term of their sentences; 11 (7) The adequacy and use of correctional resources dedicated to providing 12 rehabilitative programs; 13 (8) The adequacy and use of sentencing alternatives, including those that 14 are community-based and those available statewide; 15 (9) The resources available at the county level to address and intervene 16 at the misdemeanor offense level; 17 (10) Research demonstrating policies and practices that reduce recidivism. 18 BE IT FURTHER RESOLVED that the task force shall rely on data obtained 19 from the Idaho State Police, the Attorney General, county prosecutor offices, 20 the Department of Correction, the Idaho Supreme Court and the district courts. 21 The task force is authorized to consult with universities and other organiza- 22 tions for research assistance in collecting and analyzing information on all 23 aspects of criminal sentencing in Idaho. 24 BE IT FURTHER RESOLVED that the task force shall report its findings and 25 recommendations, including remedies for any deficiencies found by the task 26 force, to the Governor, the Legislature and the Idaho Supreme Court by January 27 1, 2006.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Boe Seconded by Field (18) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.C.R. NO. 42 1 AMENDMENT TO THE RESOLUTION 2 On page 1 of the printed resolution, in line 31, delete "shall include" 3 and insert: "may include, but not be limited to,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE CONCURRENT RESOLUTION NO. 42, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 A CONCURRENT RESOLUTION 2 STATING LEGISLATIVE FINDINGS AND DIRECTING THE LEGISLATIVE COUNCIL TO APPOINT 3 A TASK FORCE TO STUDY CRIMINAL SENTENCING IN IDAHO. 4 Be It Resolved by the Legislature of the State of Idaho: 5 WHEREAS, incarceration rates and costs have increased dramatically in 6 recent years; and 7 WHEREAS, the Legislature seeks to ensure the imposition of appropriate and 8 just criminal penalties, and to make the most efficient use of correctional 9 resources; and 10 WHEREAS, criminal sentences should be imposed fairly, rationally and con- 11 sistently, and incarceration should be reserved for the most serious offend- 12 ers; and 13 WHEREAS, the Legislature seeks to ensure a criminal justice system that 14 protects the safety of the public and emphasizes the accountability of the 15 offender to the criminal justice system and the accountability of the criminal 16 justice system to the public; and 17 WHEREAS, criminal sentencing and parole practices are sufficiently complex 18 and dynamic that it would be desirable for an interim task force to examine 19 and make further recommendations. 20 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 21 sion of the Fifty-seventh Idaho Legislature, the House of Representatives and 22 the Senate concurring therein, that the Legislative Council is authorized to 23 appoint, on or before July 1, 2004, a bipartisan task force to undertake and 24 complete a study of criminal sentencing and parole practices. The Legislative 25 Council shall determine the number of legislators and membership from each 26 house appointed to the task force and shall authorize the task force to 27 receive input, advice and assistance from interested and affected parties who 28 are not members of the Legislature. 29 BE IT FURTHER RESOLVED that nonlegislative members of the task force shall 30 be appointed by the cochairs of the task force who are appointed by the Legis- 31 lative Council. Nonlegislative members of the task force may include, but not 32 be limited to, representatives of the judiciary, the Board of Correction, the 33 Attorney General, the State Appellate Public Defender, the Parole Commission, 34 prosecuting attorneys, criminal defense attorneys, crime victim organizations 35 and inmate advocacy organizations. Nonlegislative members of the task force 36 shall serve without honorarium or compensation but shall be reimbursed for 37 actual and necessary expenses pursuant to Section 59-509(b), Idaho Code. 38 Nonlegislative members shall not have voting privileges regarding the task 39 force's recommendations or proposed legislation. 40 BE IT FURTHER RESOLVED that the task force shall evaluate the effective- 41 ness of the criminal sentencing structure of the state including, but not lim- 42 ited to, consideration and review of the following: 43 (1) Each criminal statute to determine if the penalty provided is propor- 44 tional to the seriousness of the offense committed and to penalties provided 2 1 for other offenses; 2 (2) The risks and benefits of allowing inmates earned time credit; 3 (3) The potential savings that could be achieved with incremental reduc- 4 tions in mandatory minimum sentences; 5 (4) Any trends related to racial, gender or geographical disparity in 6 sentences; 7 (5) The number and profile of inmates who are granted or denied parole at 8 the end of their fixed terms; 9 (6) The reasons for denying parole to inmates who have served the fixed 10 term of their sentences; 11 (7) The adequacy and use of correctional resources dedicated to providing 12 rehabilitative programs; 13 (8) The adequacy and use of sentencing alternatives, including those that 14 are community-based and those available statewide; 15 (9) The resources available at the county level to address and intervene 16 at the misdemeanor offense level; 17 (10) Research demonstrating policies and practices that reduce recidivism. 18 BE IT FURTHER RESOLVED that the task force shall rely on data obtained 19 from the Idaho State Police, the Attorney General, county prosecutor offices, 20 the Department of Correction, the Idaho Supreme Court and the district courts. 21 The task force is authorized to consult with universities and other organiza- 22 tions for research assistance in collecting and analyzing information on all 23 aspects of criminal sentencing in Idaho. 24 BE IT FURTHER RESOLVED that the task force shall report its findings and 25 recommendations, including remedies for any deficiencies found by the task 26 force, to the Governor, the Legislature and the Idaho Supreme Court by January 27 1, 2006.
STATEMENT OF PURPOSE RS 14044 This resolution would direct the Legislative Council to appoint a task force to study and evaluate criminal sentencing and parole practices in Idaho and to make recommendations. Over twenty five states have done similar studies of their sentencing practices and realized substantial savings in correction costs. FISCAL IMPACT Expenses of legislators serving on the task force would be off set by potential savings if correction costs are reduced. Contact Name: Donna Boe Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE HCR 042