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H0094aa..............................by JUDICIARY, RULES AND ADMINISTRATION PRISONERS/CORRECTIONS EMPLOYEES - Amends existing law to revise definitions to provide references to persons on parole or probation; and to prohibit sexual contact between prisoners and employees of the Idaho Department of Correction, when not spouses. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/18 Rpt out - to Gen Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bradford, Field(18), Sali Floor Sponsor - Ellsworth Title apvd - to Senate 03/09 Senate intro - 1st rdg - to Jud 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- None Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat vacant) Floor Sponsor - Richardson Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 177 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 94 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PRISONERS; AMENDING SECTION 18-101A, IDAHO CODE, TO REVISE DEFINI- 3 TIONS IN ORDER TO PROVIDE REFERENCES TO PERSONS ON PAROLE OR PROBATION AND 4 TO MAKE A TECHNICAL CHANGE; AND AMENDING SECTION 18-6110, IDAHO CODE, TO 5 PROHIBIT SEXUAL CONTACT BETWEEN PRISONERS AND EMPLOYEES OF THE IDAHO 6 DEPARTMENT OF CORRECTION AND TO DELETE OBSOLETE LANGUAGE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-101A, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-101A. DEFINITIONS. As used in titles 18, 19 and 20, Idaho Code, and 11 elsewhere in the Idaho Code, unless otherwise specifically provided or unless 12 the context clearly indicates or requires otherwise, the following terms shall 13 be defined as follows: 14 (1) "Correctional facility" means a facility for the confinement of pris- 15 oners. The term shall be construed to include references to terms including, 16 but not limited to, "prison," "state prison," "state penitentiary," 17 "governmental detention facility," "penal institution (facility)," 18 "correctional institution," "detention institution (facility)," "county jail," 19 "jail," "private prison (facility)" or "private correctional facility." 20 (2) "In-state prisoner" means a person who has been convicted of a crime 21 in the state of Idaho and is either incarcerated or on parole or probation for 22 that crime or in custody for trial and sentencing, and who is being housed in 23 any state, local or private correctional facility, or who is being transported 24 in any manner within or through the state of Idaho. 25 (3) "Local correctional facility" means a facility for the confinement of 26 prisoners operated by or under the control of a county or city. The term shall 27 include references to "county jail," or "jail." The term shall also include a 28 private correctional facility housing prisoners under the custody of the state 29 board of correction, the county sheriff or other local law enforcement agency. 30 (4) "Out-of-state prisoner" or "out-of-state inmate" means a person who 31 is convicted of and sentenced for a crime in a state other than the state of 32 Idaho, or under the laws of the United States or other foreign jurisdiction, 33 and who is on parole or probation in Idaho or being housed in any state, local 34 or private correctional facility in the state of Idaho, or who is being trans- 35 ported in any manner within or through the state of Idaho. 36 (5) "Prisoner" means a person who has been convicted of a crime in the 37 state of Idaho and is either incarcerated or on parole or probation for that 38 crime or in custody for trial and sentencing, or who is convicted of and sen- 39 tenced for a crime in a state other than the state of Idaho, or under the laws 40 of the United States or other foreign jurisdiction, and who is being housed in 41 any state, local or private correctional facility, or who is being transported 42 in any manner within or through the state of Idaho. The term shall be con- 43 strued to include references to terms including, but not limited to, "inmate," 2 1 "convict," "detainee," and other similar terms, and shall include 2 "out-of-state prisoner" and "out-of-state inmate." 3 (6) "Private correctional facility" or "private prison (facility)" means 4 a correctional facility constructed or operated in the state of Idaho by a 5 private prison contractor. 6 (7) "Private prison contractor" means any person, organization, partner- 7 ship, joint venture, corporation or other business entity engaged in the site 8 selection, design, design/building, acquisition, construction, 9 construction/management, financing, maintenance, leasing, leasing/purchasing, 10 management or operation of private correctional facilities or any combination 11 of these services. 12 (8) "State correctional facility" means a facility for the confinement of 13 prisoners, owned or operated by or under the control of the state of Idaho. 14 The term shall include references to "state prison," "state penitentiary" or 15 "state penal institution (facility)." The term shall also include a private 16 correctional facility housing prisoners under the custody of the board of cor- 17 rection. 18 SECTION 2. That Section 18-6110, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 18-6110. SEXUAL CONTACT WITH A PRISONER. It is a felony for any employee 21 of the Idaho department of correction or any officer, employee or agent of a 22 state, local or private correctional facility, as those terms are defined in 23 section 18-101A, Idaho Code, to have sexual contact with a prisoner, whether 24 an in-state or out-of-state prisoner, as those terms are defined in section 25 18-101A, Idaho Code, housed in such facility. For the purposes of this section 26 "sexual contact" means sexual intercourse, genital-genital, manual-anal, 27 manual-genital, oral-genital, anal-genital or oral-anal, between persons of 28 the same or opposite sex. 29 Any person found guilty of sexual contact with a prisoner is punishable by 30 imprisonment in the state prison for a term not to exceed life.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Ellsworth Seconded by Ring IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 94 1 AMENDMENT TO SECTION 2 2 On page 2 of the printed bill, in line 23 following "prisoner" insert: ", 3 not their spouse". 4 CORRECTION TO TITLE 5 On page 1, in line 6 following "CORRECTION" insert: "WHEN THEY ARE NOT 6 SPOUSES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 94, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO PRISONERS; AMENDING SECTION 18-101A, IDAHO CODE, TO REVISE DEFINI- 3 TIONS IN ORDER TO PROVIDE REFERENCES TO PERSONS ON PAROLE OR PROBATION AND 4 TO MAKE A TECHNICAL CHANGE; AND AMENDING SECTION 18-6110, IDAHO CODE, TO 5 PROHIBIT SEXUAL CONTACT BETWEEN PRISONERS AND EMPLOYEES OF THE IDAHO 6 DEPARTMENT OF CORRECTION WHEN THEY ARE NOT SPOUSES AND TO DELETE OBSOLETE 7 LANGUAGE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 18-101A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 18-101A. DEFINITIONS. As used in titles 18, 19 and 20, Idaho Code, and 12 elsewhere in the Idaho Code, unless otherwise specifically provided or unless 13 the context clearly indicates or requires otherwise, the following terms shall 14 be defined as follows: 15 (1) "Correctional facility" means a facility for the confinement of pris- 16 oners. The term shall be construed to include references to terms including, 17 but not limited to, "prison," "state prison," "state penitentiary," 18 "governmental detention facility," "penal institution (facility)," 19 "correctional institution," "detention institution (facility)," "county jail," 20 "jail," "private prison (facility)" or "private correctional facility." 21 (2) "In-state prisoner" means a person who has been convicted of a crime 22 in the state of Idaho and is either incarcerated or on parole or probation for 23 that crime or in custody for trial and sentencing, and who is being housed in 24 any state, local or private correctional facility, or who is being transported 25 in any manner within or through the state of Idaho. 26 (3) "Local correctional facility" means a facility for the confinement of 27 prisoners operated by or under the control of a county or city. The term shall 28 include references to "county jail," or "jail." The term shall also include a 29 private correctional facility housing prisoners under the custody of the state 30 board of correction, the county sheriff or other local law enforcement agency. 31 (4) "Out-of-state prisoner" or "out-of-state inmate" means a person who 32 is convicted of and sentenced for a crime in a state other than the state of 33 Idaho, or under the laws of the United States or other foreign jurisdiction, 34 and who is on parole or probation in Idaho or being housed in any state, local 35 or private correctional facility in the state of Idaho, or who is being trans- 36 ported in any manner within or through the state of Idaho. 37 (5) "Prisoner" means a person who has been convicted of a crime in the 38 state of Idaho and is either incarcerated or on parole or probation for that 39 crime or in custody for trial and sentencing, or who is convicted of and sen- 40 tenced for a crime in a state other than the state of Idaho, or under the laws 41 of the United States or other foreign jurisdiction, and who is being housed in 42 any state, local or private correctional facility, or who is being transported 43 in any manner within or through the state of Idaho. The term shall be con- 2 1 strued to include references to terms including, but not limited to, "inmate," 2 "convict," "detainee," and other similar terms, and shall include 3 "out-of-state prisoner" and "out-of-state inmate." 4 (6) "Private correctional facility" or "private prison (facility)" means 5 a correctional facility constructed or operated in the state of Idaho by a 6 private prison contractor. 7 (7) "Private prison contractor" means any person, organization, partner- 8 ship, joint venture, corporation or other business entity engaged in the site 9 selection, design, design/building, acquisition, construction, 10 construction/management, financing, maintenance, leasing, leasing/purchasing, 11 management or operation of private correctional facilities or any combination 12 of these services. 13 (8) "State correctional facility" means a facility for the confinement of 14 prisoners, owned or operated by or under the control of the state of Idaho. 15 The term shall include references to "state prison," "state penitentiary" or 16 "state penal institution (facility)." The term shall also include a private 17 correctional facility housing prisoners under the custody of the board of cor- 18 rection. 19 SECTION 2. That Section 18-6110, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 18-6110. SEXUAL CONTACT WITH A PRISONER. It is a felony for any employee 22 of the Idaho department of correction or any officer, employee or agent of a 23 state, local or private correctional facility, as those terms are defined in 24 section 18-101A, Idaho Code, to have sexual contact with a prisoner, not their 25 spouse, whether an in-state or out-of-state prisoner, as those terms are 26 defined in section 18-101A, Idaho Code, housed in such facility. For the pur- 27 poses of this section "sexual contact" means sexual intercourse, genital- 28 genital, manual-anal, manual-genital, oral-genital, anal-genital or oral-anal, 29 between persons of the same or opposite sex. 30 Any person found guilty of sexual contact with a prisoner is punishable by 31 imprisonment in the state prison for a term not to exceed life.
STATEMENT OF PURPOSE RS 14405 The purpose of this legislation is to add language that expands the group of persons within the criminal justice system for whom sexual contact with offenders is prohibited. Idaho Code Section 18-6110, in conjunction with the applicable definitions set forth in Idaho Code Section 18-101A, currently prohibits sexual conduct between incarcerated persons or parolees and those who are "officers, employees or agents of a state, local or private correctional facility." It does not specifically list probation and parole officers or officials who work at administrative offices not located at a state correctional facility. The proposed changes to Idaho Code Section 18-6110 would list all Idaho Department of Correction employees as persons who could be charged with a violation of this act, to include probation and parole officers and others who have contact with offenders. Additional language would be added to Idaho Code Section 18-101A to include probationers as persons who could qualify as victims of this crime. Currently parolees are included, but probationers are not. FISCAL NOTE This request will not impact state or local government appropriations or expenditures. There is no impact to the general fund. CONTACT Name: Timothy McNeese Agency: Correction, Dept. of Phone: 658-2093 Statement of Purpose/Fiscal Note H 94