2007 Legislation
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HOUSE BILL NO. 260 – Drugs, violation, penalties

HOUSE BILL NO. 260

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H0260......................................................by STATE AFFAIRS
CONTROLLED SUBSTANCES - SENTENCING - Amends and adds to existing law to
revise sentencing procedures for persistent controlled substance violators;
to revise sentencing and penalty provisions for drug trafficking offenses;
to provide that persons convicted or found guilty of certain crimes shall
be evaluated and assigned by the court or a correctional institution to a
treatment plan; to define "substance abuse related crime"; to provide an
alternative to the unified sentence act; and to provide procedures.
                                                                        
03/02    House intro - 1st rdg - to printing
03/05    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 260
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SENTENCING FOR CONTROLLED SUBSTANCES AND ALCOHOL RELATED OFFENSES;
  3        AMENDING SECTION 37-2739A, IDAHO CODE, TO REVISE SENTENCING PROCEDURES FOR
  4        PERSISTENT VIOLATORS AND TO MAKE A TECHNICAL CORRECTION; AMENDING  SECTION
  5        37-2732B,  IDAHO  CODE,  TO  REVISE  SENTENCING AND PENALTY PROVISIONS FOR
  6        TRAFFICKING OFFENSES; AMENDING CHAPTER 25, TITLE 19, IDAHO  CODE,  BY  THE
  7        ADDITION  OF  A  NEW SECTION 19-2513A, IDAHO CODE, TO PROVIDE THAT PERSONS
  8        CONVICTED OR FOUND  GUILTY  OF  CERTAIN  CRIMES  SHALL  BE  EVALUATED  AND
  9        ASSIGNED  BY  THE COURT OR A CORRECTIONAL INSTITUTION TO A TREATMENT PLAN,
 10        TO DEFINE "SUBSTANCE ABUSE RELATED CRIME," TO PROVIDE  AN  ALTERNATIVE  TO
 11        THE  UNIFIED  SENTENCE  ACT,  AND  TO PROVIDE PROCEDURES; AMENDING SECTION
 12        20-223, IDAHO CODE, TO PROVIDE FOR PAROLE FOR PRISONERS WHO HAVE BEEN SEN-
 13        TENCED PURSUANT TO SECTION 19-2513A, IDAHO CODE, AND TO ALLOW  THE  PAROLE
 14        COMMISSION  TO CONDITION A PRISONER'S PAROLE UPON THE TREATMENT AND EDUCA-
 15        TION PROVISIONS CONTAINED IN SECTION 19-2513A, IDAHO CODE.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 37-2739A, Idaho Code, be, and the same is  hereby
 18    amended to read as follows:
                                                                        
 19        37-2739A.  MANDATORY  MINIMUM PENALTY FOR PERSISTENT VIOLATORS. Any person
 20    who is convicted of violating the felony  provisions  of  section  37-2732(a),
 21    Idaho  Code,  by  distributing controlled substances to another person, who is
 22    not subject to a fixed minimum term under section 37-2739B,  Idaho  Code,  and
 23    who has previously been convicted within the past ten (10) years in a court of
 24    the  United  States,  any  state or a political subdivision of one (1) or more
 25    felony offenses of dealing, selling or trafficking in controlled substances on
 26    an occasion or occasions  different  from  the  felony  violation  of  section
 27    37-2732(a),  Idaho Code, and which offense or offenses were punishable in such
 28    court by imprisonment in excess of one (1) year, shall  be  sentenced  to  the
 29    custody  of  the  state  board of correction for a mandatory minimum period of
 30    time of not less than three (3) years or for such greater period as the  court
 31    may  impose up to a maximum of life imprisonment. The mandatory minimum period
 32    of three (3) years incarceration shall not be reduced and shall sentence  pro-
 33    vided  by  this section may run consecutively to any other sentence imposed by
 34    the court.
                                                                        
 35        SECTION 2.  That Section 37-2732B, Idaho Code, be, and the same is  hereby
 36    amended to read as follows:
                                                                        
 37        37-2732B.  TRAFFICKING -- MANDATORY SENTENCES. (a) Except as authorized in
 38    this  chapter,  and  notwithstanding  the provisions of section 37-2732, Idaho
 39    Code:
 40        (1)  Any person who knowingly manufactures, delivers, or brings into  this
 41        state,  or  who  is knowingly in actual or constructive possession of, one
                                                                        
                                       2
                                                                        
  1        (1) pound of marijuana or more, or twenty-five (25)  marijuana  plants  or
  2        more,  as  defined  in section 37-2701, Idaho Code, is guilty of a felony,
  3        which felony shall be known as "trafficking in marijuana." If the quantity
  4        of marijuana involved:
  5             (A)  Is one (1) pound or more, but less than five (5) pounds, or con-
  6             sists of twenty-five (25) marijuana plants or  more  but  fewer  than
  7             fifty  (50) marijuana plants, regardless of the size or weight of the
  8             plants, such person shall be sentenced to a mandatory  minimum  fixed
  9             term  of  imprisonment of which may exceed one (1) year and fined not
 10             less more than five fifty thousand dollars ($50,000);
 11             (B)  Is five (5) pounds or  more,  but  less  than  twenty-five  (25)
 12             pounds,  or consists of fifty (50) marijuana plants or more but fewer
 13             than one hundred (100) marijuana plants, regardless of  the  size  or
 14             weight  of  the plants, such person shall be sentenced to a mandatory
 15             minimum fixed term of imprisonment of  which  may  exceed  three  (3)
 16             years  and  fined not less more than ten one hundred thousand dollars
 17             ($100,000);
 18             (C)  Is twenty-five (25) pounds or more, or consists of  one  hundred
 19             (100)  marijuana  plants or more, regardless of the size or weight of
 20             the plants, such person shall be sentenced  to  a  mandatory  minimum
 21             fixed  term  of  imprisonment  of which may exceed five (5) years and
 22             fined not less more than fifteen one hundred fifty  thousand  dollars
 23             ($150,000).
 24             (D)  The  maximum  number of years of imprisonment for trafficking in
 25             marijuana shall be fifteen (15) years, and the maximum fine shall  be
 26             one hundred fifty thousand dollars ($150,000).
 27             (E)  For the purposes of this section, the weight of the marijuana is
 28             its  weight when seized or as determined as soon as practicable after
 29             seizure, unless the provisions of  subsection  (c)  of  this  section
 30             apply.
 31        (2)  Any  person who knowingly manufactures, delivers, or brings into this
 32        state, or who is  knowingly  in  actual  or  constructive  possession  of,
 33        twenty-eight  (28) grams or more of cocaine or of any mixture or substance
 34        containing a detectable amount of cocaine is guilty  of  a  felony,  which
 35        felony  shall  be  known  as  "trafficking  in  cocaine."  If the quantity
 36        involved:
 37             (A)  Is twenty-eight (28) grams or more, but less  than  two  hundred
 38             (200)  grams,  such  person shall be sentenced to a mandatory minimum
 39             fixed term of imprisonment of which may exceed three  (3)  years  and
 40             fined not less more than ten one hundred thousand dollars ($100,000);
 41             (B)  Is  two  hundred (200) grams or more, but less than four hundred
 42             (400) grams, such person shall be sentenced to  a  mandatory  minimum
 43             fixed  term  of  imprisonment  of which may exceed five (5) years and
 44             fined not less more than fifteen one hundred fifty  thousand  dollars
 45             ($150,000);
 46             (C)  Is  four  hundred (400) grams or more, such person shall be sen-
 47             tenced to a mandatory minimum fixed term of imprisonment of which may
 48             exceed ten (10) years and fined not less more  than  twenty-five  two
 49             hundred fifty thousand dollars ($250,000).
 50             (D)  The  maximum  number of years of imprisonment for trafficking in
 51             cocaine shall be life, and the maximum fine shall be one two  hundred
 52             fifty  thousand dollars ($10250,000).
 53        (3)  Any  person  who  knowingly  manufactures  or attempts to manufacture
 54        methamphetamine and/or amphetamine is guilty of a felony  which  shall  be
 55        known as "trafficking in methamphetamine and/or amphetamine by manufactur-
                                                                        
                                       3
                                                                        
  1        ing."  Any  person  convicted  of  trafficking  in  methamphetamine and/or
  2        amphetamine by attempted manufacturing shall be sentenced to  a  mandatory
  3        minimum  fixed  term of imprisonment of two (2) years and not to which may
  4        exceed fifteen (15) years imprisonment and fined not less  more  than  ten
  5        one hundred thousand dollars ($100,000). Any person convicted of traffick-
  6        ing  in  methamphetamine and/or amphetamine by manufacturing shall be sen-
  7        tenced to a mandatory minimum fixed term  of  imprisonment  of  which  may
  8        exceed  five  (5)  years and not to exceed life imprisonment and fined not
  9        less more than twenty-five two hundred fifty thousand dollars  ($250,000).
 10        The maximum number of years of imprisonment for trafficking in methamphet-
 11        amine  and/or  amphetamine by manufacturing shall be life, and the maximum
 12        fine shall be one two hundred fifty thousand dollars ($10250,000).
 13        (4)  Any person who knowingly delivers, or brings into this state, or  who
 14        is  knowingly  in  actual or constructive possession of, twenty-eight (28)
 15        grams or more of methamphetamine or amphetamine or of any mixture or  sub-
 16        stance containing a detectable amount of methamphetamine or amphetamine is
 17        guilty of a felony, which felony shall be known as "trafficking in metham-
 18        phetamine or amphetamine." If the quantity involved:
 19             (A)  Is  twenty-eight  (28)  grams or more, but less than two hundred
 20             (200) grams, such person shall be sentenced to  a  mandatory  minimum
 21             fixed  term  of imprisonment of  which may exceed three (3) years and
 22             fined not less more than ten one hundred thousand dollars ($100,000);
 23             (B)  Is two hundred (200) grams or more, but less than  four  hundred
 24             (400)  grams,  such  person shall be sentenced to a mandatory minimum
 25             fixed term of imprisonment of which may exceed  five  (5)  years  and
 26             fined  not  less more than fifteen one hundred fifty thousand dollars
 27             ($150,000);
 28             (C)  Is four hundred (400) grams or more, such person shall  be  sen-
 29             tenced to a mandatory minimum fixed term of imprisonment of which may
 30             exceed  ten  (10)  years and fined not less more than twenty-five two
 31             hundred fifty thousand dollars ($250,000).
 32             (D)  The maximum number of years of imprisonment for  trafficking  in
 33             methamphetamine  or  amphetamine  shall be life, and the maximum fine
 34             shall be one two hundred fifty thousand dollars ($10250,000).
 35        (5)  Any person who knowingly manufactures,  delivers,  brings  into  this
 36        state,  or  who  is  knowingly in actual or constructive possession of the
 37        below-specified quantities of any of the following immediate precursors to
 38        methamphetamine or  amphetamine  (namely  ephedrine,  methylamine,  methyl
 39        formamide,   phenylacetic  acid,  phenylacetone,  or  pseudoephedrine)  as
 40        defined in section 37-2707(g)(1), Idaho Code, or any compound, mixture  or
 41        preparation  which  contains a detectable quantity of these substances, is
 42        guilty of a felony which shall  be  known  as  "trafficking  in  immediate
 43        precursors of methamphetamine or amphetamine." If the quantity:
 44             (A)  Of ephedrine is five hundred (500) grams or more;
 45             (B)  Of methylamine is one-half (1/2) pint or more;
 46             (C)  Of methyl formamide is one-quarter (1/4) pint or more;
 47             (D)  Of phenylacetic acid is five hundred (500) grams or more;
 48             (E)  Of phenylacetone is four hundred (400) grams or more;
 49             (F)  Of pseudoephedrine is five hundred (500) grams or more;
 50        such  person  shall  be  sentenced  to  a  mandatory minimum fixed term of
 51        imprisonment of which may exceed ten (10) years and fined  not  less  more
 52        than  twenty-five two hundred fifty thousand dollars ($250,000). The maxi-
 53        mum  number  of  years  of  imprisonment  for  trafficking  in   immediate
 54        precursors  of  methamphetamine or amphetamine in the quantities specified
 55        in paragraphs (A) through (F) of this subsection (5) shall  be  life,  and
                                                                        
                                       4
                                                                        
  1        the   maximum   fine   shall  be  one  hundred  thousand  million  dollars
  2        ($1,000,000). If the quantity of pseudoephedrine is twenty-five (25) grams
  3        or more, but less than five hundred (500) grams, such person shall be sen-
  4        tenced to a term of imprisonment of up to ten (10)  years  and  fined  not
  5        more than twenty-five two hundred fifty thousand dollars ($250,000).
  6        (6)  Any  person  who knowingly manufactures, delivers or brings into this
  7        state, or who is knowingly in actual or constructive  possession  of,  two
  8        (2)  grams  or  more  of  heroin or any salt, isomer, or salt of an isomer
  9        thereof, or two (2) grams or more of any mixture or substance containing a
 10        detectable amount of any such substance is guilty of a felony, which  fel-
 11        ony shall be known as "trafficking in heroin." If the quantity involved:
 12             (A)  Is  two  (2)  grams or more, but less than seven (7) grams, such
 13             person shall be sentenced  to  a  mandatory  minimum  fixed  term  of
 14             imprisonment  of  which may exceed three (3) years and fined not less
 15             more than ten one hundred thousand dollars ($100,000);
 16             (B)  Is seven (7) grams or more,  but  less  than  twenty-eight  (28)
 17             grams,  such  person  shall be sentenced to a mandatory minimum fixed
 18             term of imprisonment of which may exceed ten (10) years and fined not
 19             less more than fifteen one hundred fifty thousand dollars ($150,000);
 20             (C)  Is twenty-eight (28) grams or more, such person  shall  be  sen-
 21             tenced to a mandatory minimum fixed term of imprisonment of which may
 22             exceed  fifteen  (15)  years and fined not less more than twenty-five
 23             two hundred fifty thousand dollars ($250,000).
 24             (D)  The maximum number of years of imprisonment for  trafficking  in
 25             heroin  shall  be life, and the maximum fine shall be one two hundred
 26             fifty thousand dollars ($10250,000).
 27        (7)  A second conviction for any trafficking offense as defined in subsec-
 28        tion (a) of this section shall result in a mandatory  minimum  fixed  term
 29        that is twice that otherwise required under this section.
 30        (8)  Notwithstanding  any other provision of law, with respect to any per-
 31        son who is found to have violated the provisions of this section,  adjudi-
 32        cation  of  guilt  or the imposition or execution of sentence shall not be
 33        suspended, deferred, or withheld, nor shall such person  be  eligible  for
 34        parole  prior to serving the  mandatory minimum fixed term of imprisonment
 35        prescribed in this section. Further, the court shall not retain  jurisdic-
 36        tion.
 37        (b)  Any  person  who  agrees,  conspires,  combines  or confederates with
 38    another person or solicits another person to commit any act prohibited in sub-
 39    section (a) of this section is guilty of a felony and is punishable as  if  he
 40    had actually committed such prohibited act.
 41        (c)  For  the  purposes  of  subsections  (a)  and (b) of this section the
 42    weight of the controlled substance as represented by  the  person  selling  or
 43    delivering  it  is  determinative if the weight as represented is greater than
 44    the actual weight of the controlled substance.
                                                                        
 45        SECTION 3.  That Chapter 25, Title 19, Idaho Code, be,  and  the  same  is
 46    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 47    ignated as Section 19-2513A, Idaho Code, and to read as follows:
                                                                        
 48        19-2513A. SENTENCING ALTERNATIVES ACT OF 2007. (1) Any offender  convicted
 49    or  found  guilty  of a violation of chapter 27, title 37, Idaho Code, or con-
 50    victed or found guilty of violating chapter 80, title 18, Idaho Code, or  con-
 51    victed  or  found guilty of a substance abuse related crime as defined in sub-
 52    section (2) of this section and by rule of the supreme court shall  be  evalu-
 53    ated  and  assigned by the courts or by a correctional institution to a treat-
                                                                        
                                       5
                                                                        
  1    ment plan. Successful completion of the treatment plan, which may be part of a
  2    case plan, may take place as directed by the  court  in  community  treatment,
  3    transitional  facilities or in a traditional department of correction facility
  4    or jail.
  5        (2)  A "substance abuse related crime" shall be a crime  which  is  deter-
  6    mined by the court to be:
  7        (a)  Primarily the result of addiction or use of a controlled substance or
  8        alcohol; or
  9        (b)  A  crime  which functioned primarily to fund or otherwise sustain the
 10        offender's addiction to a controlled substance or alcohol; and
 11        (c)  Not a crime carried out for the sole purpose of pecuniary gain or the
 12        exploitation, abuse or degradation of others.
 13        (3)  In lieu of sentencing procedures provided in section  19-2513,  Idaho
 14    Code, for certain felonies where the offense is a nonviolent addiction related
 15    offense,  the court may proceed with sentencing according to the provisions of
 16    subsections (4) through (12)  of this section.
 17        (4)  For individuals for whom the courts have not commuted  the  sentence,
 18    suspended or withheld judgment and sentence, or granted probation, as provided
 19    in  chapter  26,  title 19, Idaho Code, such incarcerated individuals shall be
 20    eligible for community transition probation or  parole  following  programming
 21    and  treatment and successful completion of the treatment plan as described in
 22    subsection (1) of this section.
 23        (5)  Should the completion of the course of  treatment  take  place  in  a
 24    department  of correction correctional facility then, upon parole, an offender
 25    may be assigned by a  transition specialist or the commission on  pardons  and
 26    parole  to  enter a transitional work release or other residential or nonresi-
 27    dential transitional community recovery program as described by the  board  of
 28    correction in rule.
 29        (6)  All  offenders  convicted  or found guilty of substance abuse related
 30    crimes shall submit to mandatory random drug testing and other  conditions  of
 31    probation  or  parole  for a period of time of not less than six (6) months as
 32    prescribed by a judge, the board of correction or commission for  pardons  and
 33    parole  in rule.
 34        (7)  Any violations of the conditions of work release or the conditions of
 35    probation  or  parole as a result of treatment relapse shall result in assign-
 36    ment to relapse programming or enrollment in a department of correction  resi-
 37    dential  therapeutic  community  treatment  program,  department of correction
 38    therapeutic addiction treatment program  or  equivalent  alternative  as  pre-
 39    scribed in existing or subsequent treatment plans or as prescribed  by rule of
 40    the supreme court.
 41        (8)  For individuals convicted of possession of a controlled substance for
 42    whom  nonviolent  secondary  charges are also pending, additional prison terms
 43    and fines for those charges may be waived if a judge finds:
 44        (a)  That the crime(s) committed can be proven to be primarily a result of
 45        addiction or use of a controlled substance or that the offender  committed
 46        the  crime(s)  in  order  to  secure the funds to obtain a controlled sub-
 47        stance; and
 48        (b)  That the offender has no prior felony convictions for violent  crimes
 49        against  persons or that prior felonies were unlikely to have been commit-
 50        ted if the offender was not under the influence of a controlled substance.
 51        (9)  Restitution to victims shall be required of the offender  where  rea-
 52    sonably  possible  for any crime against persons or property committed as enu-
 53    merated in this section.
 54        (10) Parole for offenders under this  section  shall  be  presumptive  and
 55    granted upon successful completion of prescribed treatment under each individ-
                                                                        
                                       6
                                                                        
  1    ual  offender's  treatment  plan  as prescribed by the courts or as prescribed
  2    according to rule upon evaluation at a correctional institution unless compel-
  3    ling reason can be demonstrated by the commission for pardons and parole.
  4        (11) The supreme court shall  be  granted  responsibility  for  initiating
  5    rules  to  include  the  definition of "compelling reason" and, in cooperation
  6    with the department of health and welfare, department of  correction  and  the
  7    office  of  drug  policy, the requirements of an offender "treatment plan" for
  8    purposes of this section.
  9        (12) Sentencing may proceed according to this section only to  the  extent
 10    that  the following resources are adequately available to the Idaho department
 11    of correction and judges in Idaho's seven (7) judicial districts:
 12        (a)  Probation and parole officers;
 13        (b)  Transitional beds in  work  release  centers  and  other  residential
 14        treatment and transitional facilities;
 15        (c)  Educational,  psychological,  vocational, mental health and substance
 16        abuse programming personnel, both in community based programs and in  cor-
 17        rectional facilities, including county jails;
 18        (d)  Drug and alcohol rehabilitation specialists;
 19        (e)  Spaces  in  residential therapeutic community programs in communities
 20        as provided by the department of health and  welfare,  counties  or  other
 21        state  and  local  entities, in jails and in institutions run by the Idaho
 22        department of correction.
 23        (13)  Annually the supreme court and the department  of  correction  shall
 24    include  in  their report to the joint finance-appropriations committee and to
 25    the governor information on the availability of, and shortages  in,  resources
 26    that may impede use of the sentencing alternatives outlined in this section.
                                                                        
 27        SECTION  4.  That  Section  20-223, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        20-223.  PAROLE AND RULES GOVERNING -- RESTRICTIONS -- PSYCHIATRIC OR PSY-
 30    CHOLOGICAL EXAMINATION. (a) Subject to section 19-2513, Idaho Code,  the  com-
 31    mission  shall  have  the  power to establish rules, policies or procedures in
 32    compliance with chapter 52, title 67, Idaho Code, under  which  any  prisoner,
 33    excepting any under sentence of death, may be allowed to go upon parole but to
 34    remain while on parole in the legal custody and under the control of the board
 35    and  subject to be taken back into confinement at the direction of the commis-
 36    sion. Any prisoner who has been sentenced pursuant to section 19-2513A,  Idaho
 37    Code,  may,  prior  to release and after release, be required to undertake and
 38    complete programs enumerated in that section and comply with any and all  such
 39    other  conditions  that the commission may impose. Any prisoner who is granted
 40    parole under the interstate compact may be required to post a  bond  prior  to
 41    release  or  prior  to such acceptance under the interstate compact; such bond
 42    may be posted by the prisoner, the  prisoner's  family,  or  other  interested
 43    party.  Failure  to successfully complete parole may be grounds for forfeiture
 44    of the bond. Upon successful completion of parole, the amount of the bond will
 45    be returned, less an amount for administrative costs as determined by  commis-
 46    sion  rule,  in  compliance  with chapter 52, title 67, Idaho Code. Funds col-
 47    lected through the bonding process will be placed  in  a  separate  commission
 48    receipts  fund which is hereby created in the state treasury, and utilized for
 49    the extradition of said parole violators.
 50        (b)  No person serving a sentence for rape, incest, committing a lewd  act
 51    upon  a  child,  crime  against  nature,  or with an intent or an assault with
 52    intent to commit any of the said crimes or whose history and conduct  indicate
 53    to the commission that he is a sexually dangerous person, shall be released on
                                                                        
                                       7
                                                                        
  1    parole  except upon the examination and evaluation of one (1) or more psychia-
  2    trists or psychologists or mental health  professionals  designated  for  this
  3    purpose  by  the department of correction to be selected by the commission and
  4    such evaluation shall be duly considered  by  the  commission  in  making  its
  5    parole  determination. The commission may, in its discretion, likewise require
  6    a similar examination and evaluation for persons serving sentences for  crimes
  7    other  than  those above enumerated. No person making such evaluation shall be
  8    held financially responsible to any person for denial of parole by the commis-
  9    sion or for the results of the future acts of such person  if  he  be  granted
 10    parole.
 11        (c)  Before  considering  the parole of any prisoner, the commission shall
 12    afford the prisoner the opportunity to be interviewed  by  the  commission,  a
 13    commissioner  or  other  designated commission staff. A designated report pre-
 14    pared by commission staff or a designated department  of  correction  employee
 15    which is specifically to be used by the commission in making a parole determi-
 16    nation  shall  be exempt from public disclosure; such reports contain informa-
 17    tion from the  presentence  investigation  report,  medical  or  psychological
 18    information,  victim  information, designated confidential witness information
 19    and criminal history information. A parole shall be ordered when, in the  dis-
 20    cretion  of  the  commission,  it is in the best interests of society, and the
 21    commission believes the prisoner is able and willing to  fulfill  the  obliga-
 22    tions  of  a  law-abiding citizen. Such determination shall not be a reward of
 23    clemency and it shall not be considered to be a reduction  of  sentence  or  a
 24    pardon.  The  commission may also by its rules, policies or procedures fix the
 25    times and conditions under which any application denied may  be  reconsidered.
 26    No  action  may be maintained against the commission and/or any of its members
 27    in any court in connection with any decision taken by the commission to parole
 28    a prisoner and neither the commission nor its members shall be liable  in  any
 29    way for its action with respect thereto.
 30        (d)  In  making any parole or commutation decision with respect to a pris-
 31    oner, the commission shall consider the compliance of the  prisoner  with  any
 32    order of restitution which may have been entered according to section 19-5304,
 33    Idaho  Code. The commission may make compliance with such an order of restitu-
 34    tion a condition of parole.
 35        (e)  Except as provided in subsection (a) of this section, no provision of
 36    chapter 52, title 67, Idaho Code, shall apply to the commission.
 37        (f)  Subject to the limitations of this subsection and notwithstanding any
 38    fixed term of confinement or minimum period of confinement as provided in sec-
 39    tion 19-2513, Idaho Code, the commission may parole an inmate for medical rea-
 40    sons. A prisoner may be considered for medical parole only when  the  prisoner
 41    is permanently incapacitated or terminally ill and when the commission reason-
 42    ably  believes the prisoner no longer poses a threat to the safety of society.
 43    For the purposes of this section "permanently incapacitated" shall mean a per-
 44    son who, by reason of an existing physical condition which is not terminal, is
 45    permanently and irreversibly physically incapacitated.  For  the  purposes  of
 46    this  section "terminally ill" shall mean a person who has an incurable condi-
 47    tion caused by illness or disease and who is irreversibly terminally ill.
 48        (g)  If a person is sentenced  pursuant to the provisions of  either  sec-
 49    tion  19-2513  or section 19-2513A, Idaho Code, the commission may condition a
 50    prisoner's parole in accordance with treatment and education  provisions  con-
 51    tained in  section 19-2513A, Idaho Code.
 52        (h)  The  commission  shall prepare and send to the house and senate judi-
 53    ciary committees annually a report containing the names, medical condition and
 54    current status of all persons granted parole pursuant  to  subsection  (f)  of
 55    this section.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 17140
  
  The purpose of this legislation is to provide discretion to
  judges in sentencing substance abuse related crimes.
  Specifically this legislation removes mandatory minimum
  sentences from two substance abuse related sections of Idaho
  code and provides an alternative sentencing path which
  focuses on treatment and programming to more effectively
  rehabilitate offenders, reduce recidivism and slow growth in
  Idaho's non-violent offender population. 
  
  Additionally this legislation seeks to establish clear paths
  to parole for non-violent substance abuse related crimes
  according to progress toward treatment goals and successful
  completion of addiction recovery, behavioral, educational
  and therapeutic programming mandates. Through this change in
  parole paths, more offenders can be moved from costly beds
  in Idaho's prisons into effective correctional community
  transitional programs, work release and addiction recovery
  oriented therapeutic community facilities. 
  
  
                        FISCAL NOTE
  
  No fiscal impact is required under this legislation. This
  legislation states specifically that these sentencing
  alternatives, once adopted into law, shall be available to
  judges and the Idaho Department of Correction only to the
  extent that resources for these forms of sentencing
  alternatives are made available by the legislature. These
  resources may be made available through additional
  appropriations and a continuation of the current trend in
  re-direction of correctional resources toward treatment and
  community based programming. 
  
  This legislation could have a positive fiscal impact to the
  general fund in that a substantial redirection and new
  allocation of resources may prevent the need for expanding
  capacity at IDOC facilities to increase the number of prison
  beds. 
  
  In order to provide the resources to fully implement this
  form of sentencing alternatives substantial increases in
  spending on treatment oriented programs will be necessary.
  Particularly essential is the need for increased capacity in
  both community-based and IDOC institutional therapeutic
  communities. Mandatory random drug testing is already in
  place in Idaho Department of Corrections community
  corrections programs but, with the increase in offenders in
  community treatment and on treatment oriented work release
  and parole, there will realistically be a need for increased
  Probation and Parole Officers and specialists to expand case
  planning into Treatment Planning and initial assessment into
  the development of Treatment Plans for incarcerated
  offenders at a cost of approximately $1 million for as many
  as 25 FTPs. 
  
  While not required by this legislation, such an investment
  in treatment and supervision for an additional 1000 paroled
  offenders will effectively avert the need for a new multi-
  million dollar correctional facility. Thus, the net fiscal
  note over a ten year period will be positive to the general
  fund, even if the construction and staffing of community
  based treatment and transition facilities is calculated into
  the net fiscal impact. 
  



  
  Contacts: 
  Representative Nicole LeFavour
  Representative Phil Hart
  Phone: 724-0468
  
 
  
  
  STATEMENT OF PURPOSE/FISCAL NOTE                  H 260