2005 Legislation
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HOUSE BILL NO. 94 – Prisonr/corrctn empl/no sex contact

HOUSE BILL NO. 94

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

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


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                     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