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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 - 2005
IN 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 - 2005
Moved 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 - 2005
IN 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