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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 - 2004
IN 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 - 2004
Moved 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 - 2004
IN 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