2004 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 42 – S St Aff<br />

HOUSE CONCURRENT RESOLUTION NO. 42

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                       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