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H0210................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - PAROLE - Amends existing law to revise provisions relating to
the examination and evaluation of certain prisoners by psychiatrists or
psychologists selected by the Commission of Pardons and Parole; to provide
that certain reports to be used by the commission in making any
determination regarding parole shall be exempt from public disclosure; to
provide that certain prisoners shall be paroled on their parole eligible
date provided specified conditions are met; to provide for written findings
by the commission upon denial of parole to certain prisoners; and to
provide legislative findings and intent relating to the transition of
prisoners from confinement to communities.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 210
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO REVISE PROVISIONS
3 RELATING TO THE EXAMINATION AND EVALUATION OF CERTAIN PRISONERS BY PSYCHI-
4 ATRISTS OR PSYCHOLOGISTS SELECTED BY THE COMMISSION OF PARDONS AND PAROLE,
5 TO PROVIDE THAT CERTAIN REPORTS TO BE USED BY THE COMMISSION IN MAKING ANY
6 DETERMINATION REGARDING PAROLE SHALL BE EXEMPT FROM PUBLIC DISCLOSURE, TO
7 PROVIDE THAT CERTAIN PRISONERS SHALL BE PAROLED ON THEIR PAROLE ELIGIBLE
8 DATE PROVIDED SPECIFIED CONDITIONS ARE MET, TO PROVIDE FOR WRITTEN FIND-
9 INGS BY THE COMMISSION UPON DENIAL OF PAROLE TO CERTAIN PRISONERS, TO PRO-
10 VIDE LEGISLATIVE FINDINGS AND INTENT RELATING TO THE TRANSITION OF PRIS-
11 ONERS FROM CONFINEMENT TO COMMUNITIES AND TO PROVIDE EXCEPTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 20-223. PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSY-
16 CHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho Code, the com-
17 mission shall have the power to establish rules, policies or procedures in
18 compliance with chapter 52, title 67, Idaho Code, under which any prisoner,
19 excepting any under sentence of death, may be allowed to go upon parole but to
20 remain while on parole in the legal custody and under the control of the board
21 and subject to be taken back into confinement at the direction of the commis-
22 sion. Any prisoner who is granted parole under the interstate compact may be
23 required to post a bond prior to release or prior to such acceptance under the
24 interstate compact; such bond may be posted by the prisoner, the prisoner's
25 family, or other interested party. Failure to successfully complete parole may
26 be grounds for forfeiture of the bond. Upon successful completion of parole,
27 the amount of the bond will be returned, less an amount for administrative
28 costs as determined by commission rule, in compliance with chapter 52, title
29 67, Idaho Code. Funds collected through the bonding process will be placed in
30 a separate commission receipts fund which is hereby created in the state trea-
31 sury, and utilized for the extradition of said parole violators.
32 (b) No person serving a sentence for rape, incest, committing a lewd act
33 upon a child, crime against nature, or with an intent or an assault with
34 intent to commit any of the said crimes or whose history and conduct indicate
35 to the commission that he is a sexually dangerous person, shall be released on
36 parole except upon the examination and evaluation of one (1) or more psychia-
37 trists or psychologists to be selected by the commission and such evaluation
38 shall be duly considered by the commission in making its any determination
39 regarding parole. determination. The commission may, when a majority reason-
40 ably believe the prisoner, if paroled, would pose a threat to the safety of
41 society, in its discretion, likewise require a similar examination and evalua-
42 tion for persons serving sentences for crimes other than those above enumer-
43 ated. No psychiatrist or psychologist making such evaluation shall be held
2
1 financially responsible to any person for denial of parole by the commission
2 or for the results of the future acts of such person if he be granted parole.
3 (c) Before considering the parole of any prisoner, the commission shall
4 afford the prisoner the opportunity to be interviewed by the commission, a
5 commissioner or other designated commission staff. A designated report pre-
6 pared by commission staff or a designated department of correction employee
7 which is specifically to be used by the commission in making a parole any
8 determination regarding parole shall be exempt from public disclosure; such
9 reports contain information from the presentence investigation report, medical
10 or psychological information, victim information, designated confidential wit-
11 ness information and criminal history information. A parole shall be ordered
12 when, in the discretion of the commission, it is in the best interests of
13 society, and the commission believes the prisoner is able and willing to ful-
14 fill the obligations of a law-abiding citizen. Such determination shall not be
15 a reward of clemency and it shall not be considered to be a reduction of sen-
16 tence or a pardon. The commission may also by its rules, policies or proce-
17 dures fix the times and conditions under which any application denied may be
18 reconsidered. No action may be maintained against the commission and/or any of
19 its members in any court in connection with any decision taken by the commis-
20 sion to parole a prisoner and neither the commission nor its members shall be
21 liable in any way for its action with respect thereto.
22 (d) In making any parole or commutation decision with respect to a pris-
23 oner, the commission shall consider the compliance of the prisoner with any
24 order of restitution which may have been entered according to section 19-5304,
25 Idaho Code. The commission may make compliance with such an order of restitu-
26 tion a condition of parole.
27 (e) Except as provided in subsection (a) of this section, no provision of
28 chapter 52, title 67, Idaho Code, shall apply to the commission.
29 (f) Subject to the limitations of this subsection and notwithstanding any
30 fixed term of confinement or minimum period of confinement as provided in sec-
31 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea-
32 sons. A prisoner may be considered for medical parole only when the prisoner
33 is permanently incapacitated or terminally ill and when the commission reason-
34 ably believes the prisoner no longer poses a threat to the safety of society.
35 For the purposes of this section "permanently incapacitated" shall mean a per-
36 son who, by reason of an existing physical condition which is not terminal, is
37 permanently and irreversibly physically incapacitated. For the purposes of
38 this section "terminally ill" shall mean a person who has an incurable condi-
39 tion caused by illness or disease and who is irreversibly terminally ill.
40 (g) Notwithstanding any other provision of law, and as restricted further
41 by the terms of this subsection, a prisoner committed to the custody of the
42 department for any crime other than a crime against a person, that has been
43 incarcerated in the prison for a minimum of nine (9) months prior to his
44 parole eligible date, shall be paroled on his parole eligible date provided
45 the following conditions are met:
46 (1) The prisoner has no other sentence for which a determinate term of
47 confinement remains unserved;
48 (2) The prisoner has completed the programming specified in his manage-
49 ment plan;
50 (3) The prisoner has no unresolved disciplinary issues; and
51 (4) The commission has no compelling reason to believe that releasing the
52 prisoner will result in a threat to the safety of society.
53 In the event parole is not granted by the commission, the commission shall set
54 forth in writing its findings relating to the conditions set forth pursuant to
55 this subsection and shall provide a copy to the prisoner.
3
1 (h) The legislature finds that to effectively transition prisoners from
2 confinement to a community requires, at a minimum, reestablishment of commu-
3 nity ties, obtaining stable employment and securing adequate housing. It is
4 the intent of the legislature that the release on parole of each prisoner
5 shall be accomplished, subject to sufficient time remaining between the
6 prisoner's parole eligible date and full term sentence, as necessary to allow
7 for a period of at least six (6) months of transition and parole into the com-
8 munity into which they will be released, unless the commission reasonably
9 finds that:
10 (1) In spite of the foregoing, when such factors are balanced against the
11 interests of the public, the continued confinement of the prisoner until
12 the end of the prisoner's sentence, followed by direct discharge into the
13 community, is equally likely to result in the prisoner successfully re-
14 integrating into the community into which he will be released;
15 (2) Continued confinement of the prisoner until the end of the prisoner's
16 sentence without time dedicated to the prisoner's parole is necessary to
17 avoid a threat to the safety of society; or
18 (3) Insufficient time remains until the end of the prisoner's sentence.
19 (i) The commission shall prepare and send to the house and senate judi-
20 ciary committees annually a report containing the names, medical condition and
21 current status of all persons granted parole pursuant to subsection (f) of
22 this section.
STATEMENT OF PURPOSE
RS 14942
To presume parole will be given on the parole eligible date for
non-violent offenders and implement parole for 6 months of
transition back into the community at the end of a prisoner's
sentence.
FISCAL IMPACT
Granting parole on parole eligible date should forestall growth
by 150 prisoners for 3 years, saving approximately $1.5 Million
the first year and approximately $3 Million per year thereafter.
Providing transition time of 6 months will save an indeterminate
amount from the differential between costs of $40 per day for
confinement and costs of parole. Presently approximately 2/3 of
admissions are from revoked parole and probation. Effective
transition into the community will also save additional amounts
if those new admissions are reduced.
Contact
Name: Rep. Bill Sali
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 210