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H0018................................by JUDICIARY, RULES AND ADMINISTRATION
CRIMINAL CONDUCT - Amends existing law relating to criminal conduct to
revise definitions; and to provide that it is a felony for a supervising
officer to have sexual contact with any parolee or probationer who is not
the supervising officer's spouse.
01/16 House intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/30 Rpt out - rec d/p - to 2nd rdg
01/31 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 63-1-6
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Raybould, Ring,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
Shively, Smith(30), Smith(24), Stevenson, Trail, Vander Woude, Wills,
Wood(27), Wood(35)
NAYS -- Pence
Absent and excused -- Block, Roberts, Shepherd(8), Snodgrass, Thayn,
Mr. Speaker
Floor Sponsor - Bock
Title apvd - to Senate
02/02 Senate intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 18
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL CONDUCT; AMENDING SECTION 18-101A, IDAHO CODE, TO REVISE
3 DEFINITIONS AND TO DEFINE "PAROLEE," "PROBATIONER" AND "SUPERVISING OFFI-
4 CER"; AND AMENDING SECTION 18-6110, IDAHO CODE, TO PROVIDE THAT IT IS A
5 FELONY FOR A SUPERVISING OFFICER TO HAVE SEXUAL CONTACT WITH ANY PAROLEE
6 OR PROBATIONER WHO IS NOT THE SUPERVISING OFFICER'S SPOUSE, TO PROVIDE
7 REFERENCES TO PAROLEES AND PROBATIONERS AND TO MAKE TECHNICAL CHANGES.
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," "Idaho secure medical facility," "detention insti-
20 tution (facility)," "county jail," "jail," "private prison (facility)" or
21 "private correctional facility."
22 (2) "In-state prisoner" means any person who has been charged with or
23 convicted of a crime in the state of Idaho or who is being detained pursuant
24 to a court order, and is either incarcerated or on parole or probation for
25 that crime or in custody for trial and sentencing, and who is being housed in
26 any state, local or private correctional facility, or who is being transported
27 in any manner within or through the state of Idaho.
28 (3) "Local correctional facility" means a facility for the confinement of
29 prisoners operated by or under the control of a county or city. The term shall
30 include references to "county jail," or "jail." The term shall also include a
31 private correctional facility housing prisoners under the custody of the state
32 board of correction, the county sheriff or other local law enforcement agency.
33 (4) "Out-of-state prisoner" or "out-of-state inmate" means any person who
34 is convicted of and sentenced for a crime in a state other than the state of
35 Idaho, or under the laws of the United States or other foreign jurisdiction,
36 and who is on parole or probation in Idaho or either being housed in any
37 state, local or private correctional facility in the state of Idaho, or who is
38 being transported in any manner within or through the state of Idaho.
39 (5) "Parolee" means a person who has been convicted of a crime and who
40 has been placed on parole by the Idaho commission for pardons and parole or a
41 similar body of another state, the United States, or a foreign jurisdiction,
42 and who is not incarcerated in any state, local or private correctional facil-
43 ity.
2
1 (6) "Prisoner" means a person who has been charged with or convicted of a
2 crime in the state of Idaho and is either incarcerated or on parole or proba-
3 tion for that crime or in custody for trial and sentencing, or who is being
4 detained pursuant to a court order or who is convicted of and sentenced for a
5 crime in a state other than the state of Idaho, or under the laws of the
6 United States or other foreign jurisdiction, and who is being housed in any
7 state, local or private correctional facility, or who is being transported in
8 any manner within or through the state of Idaho. The term shall be construed
9 to include references to terms including, but not limited to, "inmate,"
10 "convict," "detainee," and other similar terms, and shall include
11 "out-of-state prisoner" and "out-of-state inmate."
12 (67) "Private correctional facility" or "private prison (facility)"
13 means a correctional facility constructed or operated in the state of Idaho by
14 a private prison contractor.
15 (78) "Private prison contractor" means any person, organization, partner-
16 ship, joint venture, corporation or other business entity engaged in the site
17 selection, design, design/building, acquisition, construction,
18 construction/management, financing, maintenance, leasing, leasing/purchasing,
19 management or operation of private correctional facilities or any combination
20 of these services.
21 (9) "Probationer" means a person who has been placed on probation by an
22 Idaho court, or a court of another state, the United States, or a foreign
23 jurisdiction, and who is not incarcerated in any state, local or private cor-
24 rectional facility.
25 (810) "State correctional facility" means a facility for the confinement
26 of prisoners, owned or operated by or under the control of the state of Idaho.
27 The term shall include references to "state prison," "state penitentiary" or
28 "state penal institution (facility)." The term shall also include a private
29 correctional facility housing prisoners under the custody of the board of cor-
30 rection.
31 (11) "Supervising officer" means an employee of a state or local govern-
32 ment agency who is charged with or whose duties include supervision of parol-
33 ees or probationers.
34 SECTION 2. That Section 18-6110, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 18-6110. SEXUAL CONTACT WITH A PRISONER. (1) It is a felony for any
37 employee of the Idaho department of correction or any officer, employee or
38 agent of a state, local or private correctional facility, as those terms are
39 defined in section 18-101A, Idaho Code, to have sexual contact with a pris-
40 oner, not their spouse, whether an in-state or out-of-state prisoner, as those
41 terms are defined in section 18-101A, Idaho Code.
42 (2) It is a felony for any supervising officer, as defined in section
43 18-101A, Idaho Code, to have sexual contact with any parolee or probationer,
44 as those terms are defined in section 18-101A, Idaho Code, who is not the
45 supervising officer's spouse.
46 (3) For the purposes of this section "sexual contact" means sexual inter-
47 course, genital-genital, manual-anal, manual-genital, oral-genital, anal-
48 genital or oral-anal, between persons of the same or opposite sex.
49 (4) Any person found guilty of sexual contact with a prisoner, parolee or
50 probationer is punishable by imprisonment in the state prison for a term not
51 to exceed life.
STATEMENT OF PURPOSE
RS 16488C1
The purpose of these proposed amendments is to clarify Idaho
Code ยงยง 18-101A and 18-6110 to make it clear that sexual contact
between any person in the custody of a correctional facility in
Idaho and any employee of a governmental or private agency
having such custody is a felony and that sexual contact between
any person on parole or probation and any officer supervising
persons on parole or probation is a felony. The only exceptions
are if the persons involved are married.
Under the current statute, it is unclear whether it is illegal
for a person who is employed in a correctional facility or a
probation or parole officer to have sexual contact with a
probationer or parolee who is not in prison. The application of
these statutes to persons who may be incarcerated, but not
convicted of a crime, is also unclear.
FISCAL NOTE
The fiscal impact of these amendments should be small, but
positive. From the standpoint of correctional and law
enforcement agencies, it should aid in personnel investigations
by clarifying what types of employee misconduct may be criminal.
It should also aid in avoiding unnecessary charging and
prosecution of acts that may not constitute a crime.
CONTACT
Name: Paul Panther
Agency: Correction, Dept. of
Phone: 658-2095
STATEMENT OF PURPOSE/FISCAL NOTE H 18