2006 Legislation
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SENATE BILL NO. 1331 – Parole, exam, mental hlth professnl


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Bill Status

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.
      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

Bill Text

  ]]]]              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
  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:
 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-
  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 / Fiscal Impact

                       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

                           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.

Name: Olivia Craven, Commission of Pardons & Parole 
Phone: 334-2520

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1331