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S1331................................................by JUDICIARY AND RULES
PAROLE - Amends existing law relating to parole to reference mental health
professionals designated by the Department of Correction for purposes of
examination and evaluation; and to provide that no person making an
evaluation shall be held financially liable for denial of parole or for
future acts of a parolee.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - Lodge
Title apvd - to House
02/15 House intro - 1st rdg - to Jud
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, 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 -- Block, Hart, McGeachin
Floor Sponsor - Nielsen
Title apvd - to Senate
03/23 To enrol
03/24 Rpt enrol - Pres signed - Sp signed
03/27 To Governor
03/30 Governor signed
Session Law Chapter 251
Effective: 03/30/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1331
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PAROLE; AMENDING SECTION 20-223, IDAHO CODE, TO REFERENCE MENTAL
3 HEALTH PROFESSIONALS DESIGNATED BY THE DEPARTMENT OF CORRECTION FOR PUR-
4 POSES OF EXAMINATION AND EVALUATION AND TO PROVIDE THAT NO PERSON MAKING
5 AN EVALUATION SHALL BE HELD FINANCIALLY LIABLE FOR DENIAL OF PAROLE OR FOR
6 FUTURE ACTS OF A PAROLEE; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 20-223, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 20-223. PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSY-
11 CHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho Code, the com-
12 mission shall have the power to establish rules, policies or procedures in
13 compliance with chapter 52, title 67, Idaho Code, under which any prisoner,
14 excepting any under sentence of death, may be allowed to go upon parole but to
15 remain while on parole in the legal custody and under the control of the board
16 and subject to be taken back into confinement at the direction of the commis-
17 sion. Any prisoner who is granted parole under the interstate compact may be
18 required to post a bond prior to release or prior to such acceptance under the
19 interstate compact; such bond may be posted by the prisoner, the prisoner's
20 family, or other interested party. Failure to successfully complete parole may
21 be grounds for forfeiture of the bond. Upon successful completion of parole,
22 the amount of the bond will be returned, less an amount for administrative
23 costs as determined by commission rule, in compliance with chapter 52, title
24 67, Idaho Code. Funds collected through the bonding process will be placed in
25 a separate commission receipts fund which is hereby created in the state trea-
26 sury, and utilized for the extradition of said parole violators.
27 (b) No person serving a sentence for rape, incest, committing a lewd act
28 upon a child, crime against nature, or with an intent or an assault with
29 intent to commit any of the said crimes or whose history and conduct indicate
30 to the commission that he is a sexually dangerous person, shall be released on
31 parole except upon the examination and evaluation of one (1) or more psychia-
32 trists or psychologists or mental health professionals designated for this
33 purpose by the department of correction to be selected by the commission and
34 such evaluation shall be duly considered by the commission in making its
35 parole determination. The commission may, in its discretion, likewise require
36 a similar examination and evaluation for persons serving sentences for crimes
37 other than those above enumerated. No psychiatrist or psychologist person mak-
38 ing such evaluation shall be held financially responsible to any person for
39 denial of parole by the commission or for the results of the future acts of
40 such person if he be granted parole.
41 (c) Before considering the parole of any prisoner, the commission shall
42 afford the prisoner the opportunity to be interviewed by the commission, a
43 commissioner or other designated commission staff. A designated report pre-
2
1 pared by commission staff or a designated department of correction employee
2 which is specifically to be used by the commission in making a parole determi-
3 nation shall be exempt from public disclosure; such reports contain informa-
4 tion from the presentence investigation report, medical or psychological
5 information, victim information, designated confidential witness information
6 and criminal history information. A parole shall be ordered when, in the dis-
7 cretion of the commission, it is in the best interests of society, and the
8 commission believes the prisoner is able and willing to fulfill the obliga-
9 tions of a law-abiding citizen. Such determination shall not be a reward of
10 clemency and it shall not be considered to be a reduction of sentence or a
11 pardon. The commission may also by its rules, policies or procedures fix the
12 times and conditions under which any application denied may be reconsidered.
13 No action may be maintained against the commission and/or any of its members
14 in any court in connection with any decision taken by the commission to parole
15 a prisoner and neither the commission nor its members shall be liable in any
16 way for its action with respect thereto.
17 (d) In making any parole or commutation decision with respect to a pris-
18 oner, the commission shall consider the compliance of the prisoner with any
19 order of restitution which may have been entered according to section 19-5304,
20 Idaho Code. The commission may make compliance with such an order of restitu-
21 tion a condition of parole.
22 (e) Except as provided in subsection (a) of this section, no provision of
23 chapter 52, title 67, Idaho Code, shall apply to the commission.
24 (f) Subject to the limitations of this subsection and notwithstanding any
25 fixed term of confinement or minimum period of confinement as provided in sec-
26 tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea-
27 sons. A prisoner may be considered for medical parole only when the prisoner
28 is permanently incapacitated or terminally ill and when the commission reason-
29 ably believes the prisoner no longer poses a threat to the safety of society.
30 For the purposes of this section "permanently incapacitated" shall mean a per-
31 son who, by reason of an existing physical condition which is not terminal, is
32 permanently and irreversibly physically incapacitated. For the purposes of
33 this section "terminally ill" shall mean a person who has an incurable condi-
34 tion caused by illness or disease and who is irreversibly terminally ill.
35 (g) The commission shall prepare and send to the house and senate judi-
36 ciary committees annually a report containing the names, medical condition and
37 current status of all persons granted parole pursuant to subsection (f) of
38 this section.
39 SECTION 2. An emergency existing therefor, which emergency is hereby
40 declared to exist, this act shall be in full force and effect on and after its
41 passage and approval.
STATEMENT OF PURPOSE
RS 15645C1
The purpose of this amendment to Section 20-223, Idaho Code is to
comply with the requirements of providing information to the
Commission as required by statute at the most efficient costs
possible.
FISCAL NOTE
Currently the Parole Commission must rely on the Department of
Correction to provide mental health and psychological evaluations
for inmates noted in this Section and other inmates for which the
Commission wants such evaluative information on. The Department
of Correction has Clinician staff designated who can perform the
testing and skills to write evaluation reports to provide the
information to the Commission. There is only one Psychologist for
the Department of Correction and this person could not conduct all
reports required. In 2006, the Commission is looking at 355
psychological reports. Reports done by a psychologist or
psychiatrist are done at a cost of $1000 to $1800 per report; this
could result in additional costs to the State of $355,000 -
$690,000. If Clinicians are allowed to conduct these interviews
and provide the evaluative reports, it would be at no additional
cost to the Commission or IDOC, as this is part of the normal work
tasks of the Clinicians. The Clinicians are currently trained to
do the testing required for the evaluation.
Contact
Name: Olivia Craven, Commission of Pardons & Parole
Phone: 334-2520
STATEMENT OF PURPOSE/FISCAL NOTE S 1331