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H0211................................by JUDICIARY, RULES AND ADMINISTRATION
BOARD OF CORRECTION - OFFENDERS - Amends and adds to existing law to
provide a program for earned conduct reduction of sentence for certain
offenders committed to the Board of Correction; to provide contents of the
program; to provide for a reduction of sentence if certain circumstances
occur; to provide procedures; to provide application to earned time or
other reduction provisions; to provide application to the Commission on
Pardons and Parole; and to provide for reduction of a unified sentence for
earned conduct reduction of the sentence.
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. 211
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING CHAPTER 1, TITLE 20, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 20-101E, IDAHO CODE, TO PROVIDE A PROGRAM
4 FOR EARNED CONDUCT REDUCTION OF SENTENCE FOR CERTAIN OFFENDERS COMMITTED
5 TO THE BOARD OF CORRECTION, TO PROVIDE CONTENTS OF THE PROGRAM, TO PROVIDE
6 FOR A REDUCTION OF SENTENCE IF CERTAIN CIRCUMSTANCES OCCUR, TO PROVIDE
7 PROCEDURES, TO PROVIDE APPLICATION TO EARNED TIME OR OTHER REDUCTION PRO-
8 VISIONS AND TO PROVIDE APPLICATION TO THE COMMISSION FOR PARDONS AND
9 PAROLE; AMENDING SECTION 19-2513, IDAHO CODE, TO PROVIDE FOR REDUCTION OF
10 A UNIFIED SENTENCE FOR EARNED CONDUCT REDUCTION OF THE SENTENCE; PROVIDING
11 AN EFFECTIVE DATE AND PROVIDING APPLICATION.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 1, Title 20, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 20-101E, Idaho Code, and to read as follows:
16 20-101E. EARNED CONDUCT REDUCTION OF SENTENCE. (1) Within sixty (60) days
17 after initial reception of any offender not serving a fixed life imprisonment
18 sentence or a mandatory minimum life imprisonment sentence committed to the
19 board of correction, information regarding such committed offender may be
20 reviewed and a written personalized offender program plan approved by the
21 board or its designee shall be drawn up. The document may describe a board-
22 approved personalized program plan and the specific goals the board expects
23 the committed offender to achieve. The document may also contain a realistic
24 schedule for completion of the board-approved personalized program plan. The
25 board-approved personalized program plan and modification, if any, shall be
26 fully explained to the committed offender. During incarceration, the committed
27 offender is expected to comply with the board-approved personalized program
28 plan and the department, subject to budgetary restraints and other discretion-
29 ary limitations, may provide programs to assist the committed offender in
30 achieving compliance with the board-approved personalized program plan.
31 (a) Programming may include, but is not limited to:
32 (i) Academic and vocational education, including teaching such
33 classes by qualified offenders;
34 (ii) Substance abuse treatment;
35 (iii) Mental health and psychiatric treatment, including criminal
36 personality programming;
37 (iv) Constructive, meaningful work programs; and
38 (v) Any other program deemed necessary and appropriate by the
39 department.
40 (b) A modification in the board-approved personalized program plan may
41 be made to account for the increased or decreased abilities of the com-
42 mitted offender or the availability of any program. Intentional failure to
43 comply with the board-approved personalized program plan by any committed
2
1 offender as scheduled for any year, or pro rata part thereof, may cause
2 earned time for the scheduled year to be forfeited.
3 (2) A committee of three (3) persons consisting of the warden of the
4 facility where the offender is housed or the warden's designee, the director
5 of the department or the director's designee and an employee of the department
6 selected by the warden and the director may reduce the term of a committed
7 offender by four (4) months for each year of the offender's term and pro rata
8 for any part thereof which is less than one (1) year. The total reductions to
9 be credited from the date of sentence, including any term of confinement prior
10 to sentence and commitment to the board of correction as provided by statute,
11 shall be deducted from the maximum term to determine the date when discharge
12 from the custody of the board becomes mandatory.
13 (3) While the offender is in the custody of the board, reductions of
14 terms granted pursuant to subsection (2) of this section may be forfeited,
15 withheld or restored by the chief executive officer of the facility with the
16 approval of the director after the offender has been advised of the allega-
17 tions of noncompliance and has been provided an opportunity to challenge the
18 adverse recommendation.
19 (4) Earned time or other reductions of sentence granted under the provi-
20 sions of any law in effect prior to July 1, 1986, may be forfeited, withheld,
21 or restored in accordance with the terms of this chapter. The provisions of
22 this section shall not apply to any person serving a fixed life imprisonment
23 sentence or a mandatory minimum life imprisonment sentence.
24 (5) Notwithstanding the provisions of this section, the commission for
25 pardons and parole shall not release an offender earlier than the time the
26 offender would have been released pursuant to section 20-223, Idaho Code, if
27 the commission upon its own examination or upon the examination of a psychia-
28 trist or psychologist appointed by them determines that the offender would be
29 a dangerous risk to the community to which the offender is to be paroled or
30 would be a danger to the offender.
31 SECTION 2. That Section 19-2513, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 19-2513. UNIFIED SENTENCE. Whenever any person is convicted of having
34 committed a felony, the court shall, unless it shall commute the sentence,
35 suspend or withhold judgment and sentence or grant probation, as provided in
36 chapter 26, title 19, Idaho Code, or unless it shall impose the death sentence
37 as provided by law, sentence such offender to the custody of the state board
38 of correction. The court shall specify a minimum period of confinement and may
39 specify a subsequent indeterminate period of custody. The court shall set
40 forth in its judgment and sentence the minimum period of confinement and the
41 subsequent indeterminate period, if any, provided, that the aggregate sentence
42 shall not exceed the maximum provided by law. During a minimum term of con-
43 finement, the offender shall not be eligible for parole or discharge or credit
44 or reduction of sentence for good conduct except for meritorious service
45 except as provided in section 20-223(f), Idaho Code, or as provided in section
46 20-101E, Idaho Code. The offender may be considered for parole or discharge at
47 any time during the indeterminate period of the sentence and as provided in
48 section 20-223(f), Idaho Code.
49 If the offense carries a mandatory minimum penalty as provided by statute,
50 the court shall specify a minimum period of confinement consistent with such
51 statute. If the offense is subject to an enhanced penalty as provided by stat-
52 ute, or if consecutive sentences are imposed for multiple offenses, the court
53 shall, if required by statute, direct that the enhancement or each consecutive
3
1 sentence contain a minimum period of confinement; in such event, all minimum
2 terms of confinement shall be served before any indeterminate periods commence
3 to run.
4 Enactment of this amended section shall not affect the prosecution, adju-
5 dication or punishment of any felony committed before the effective date of
6 enactment.
7 SECTION 3. This act shall be in full force and effect on and after July
8 1, 2005. The provisions of Section 20-101E, Idaho Code, shall apply to all
9 persons sentenced to the custody of the State Board of Correction and residing
10 in a facility operated or contracted with by the State Board of Correction and
11 shall start accruing on July 1, 2005, unless the person was convicted of an
12 offense against the state which was committed prior to July 1, 1986, in which
13 case the provisions of Section 20-101A, Idaho Code, shall apply to the sen-
14 tence imposed for the offense committed prior to July 1, 1986.
STATEMENT OF PURPOSE
RS 14744C2
This bill, based on a Nebraska statute, establishes a policy of
earned conduct reduction of sentence. Within 60 days of initial
reception, an inmate will receive a personalized program plan for
the inmate to follow. The program could include education,
substance abuse treatment, mental health treatment, work, or any
other program deemed necessary by the board or its designee. The
Board of Corrections will set up criteria of which inmates will
qualify and which will not. If the inmate successfully completes
the program the board may reduce the inmate's term by four (4)
months for each year. The bill gives the Board of Corrections
the authority to modify the plan or revoke it. It also gives the
board of pardons and parole the power to not release an inmate if
a professional examination indicates a dangerous risk to the
community.
FISCAL IMPACT
Exact numbers are difficult to determine, but based on inmate
population patterns and average sentences there would be an
estimated implementation cost of about $1 million for FY 2006,
but an estimated $4.2 million in savings by FY 2007.
Contact
Name: Rep. Smylie
Phone: 332-1000
Rep. Moyle
Rep. Sayler
STATEMENT OF PURPOSE/FISCAL NOTE H 211