2007 Legislation
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SENATE BILL NO. 1150 – Pardons/parole comm, compensation


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Bill Status

S1150................................................by JUDICIARY AND RULES
PARDONS AND PAROLE COMMISSION - Amends existing law relating to the
Commission of Pardons and Parole to increase compensation to commission
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Jud
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Darrington
    Title apvd - to House
03/01    House intro - 1st rdg - to Jud
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 66-2-2
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Moyle
      Absent and excused -- Clark, Wood(35)
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/13    To enrol
03/14    Rpt enrol - Pres signed - Sp signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 102
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1150
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section  20-210, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  8    -- TERMS -- SALARY -- STAFF. The governor shall appoint a state commission  of
  9    pardons  and  parole,  each member of which shall be subject to the advice and
 10    consent of the senate, in this chapter referred to as  the  commission,  which
 11    shall  succeed  to  and have all rights, powers and authority of said board of
 12    pardons as are granted and provided by the provisions of the  constitution  of
 13    the state of Idaho.
 14        The  commission  shall  be composed of five (5) members. The members shall
 15    serve at the pleasure of the governor and not  more  than  three  (3)  members
 16    shall be from any one (1) political party.
 17        The members of the commission shall be appointed for the purposes of orga-
 18    nization  as  follows: Members on the commission on the effective date of this
 19    act, shall serve out the remainder of their  terms;  thereafter,  as  members'
 20    terms  expire,  the  governor  shall  reappoint them or appoint new members to
 21    serve terms of three (3) years; vacancies  in  the  commission  for  unexpired
 22    terms  shall  be  by appointment by the governor for the remainder of the term
 23    and all appointees may be reappointed.
 24        The commission and the board may meet as necessary to exchange such infor-
 25    mation to enable each to effectively carry out their respective duties.
 26        The commission shall meet at such times and places  as  determined  to  be
 27    necessary  and convenient, or at the call of the executive director and in any
 28    event no less than quarterly.
 29        The members shall be compensated as provided by section  59-509(i),  Idaho
 30    Code,  when attending quarterly meetings conducted at a date and time separate
 31    from a hearing session or other meetings approved by the  executive  director.
 32    The  members  shall receive compensation of one hundred fifty two hundred dol-
 33    lars ($15200) per member per day when conducting parole, commutation,  pardon,
 34    revocation or other hearings, and shall be reimbursed for actual and necessary
 35    expenses subject to the limitations provided in section 67-2008, Idaho Code.
 36        The  governor  will liberally allow the reasonable payment for services of
 37    such technical and professional advice and consultation as the commission  may
 38    require. The governor shall appoint the executive director for the commission.
 39    The  executive  director  shall be the full-time employee who shall report to,
 40    serve at the pleasure of, and be compensated as determined  by  the  governor.
 41    The  executive  director  shall be the official representative for the commis-
 42    sion, shall be responsible for the managing and administration of  daily  com-
 43    mission  business  and  shall schedule hearing sessions at times convenient to
  1    the members of the commission.  For  each  scheduled  session,  the  executive
  2    director  shall designate one (1) of the members of the commission as the pre-
  3    siding officer for conducting the hearings. The executive  director  may  hire
  4    such staff and employees as are approved by the governor. The executive direc-
  5    tor  shall  also  have  such other duties and responsibilities as the governor
  6    shall assign.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16921

The purpose of the change to this statute is to increase the
compensation for the Commission of Pardons and Parole members. 
The Commissioners currently receive $150.00 per day when they are
conducting parole hearings.  When they are attending meetings or
other Commission-related functions, they are paid $75.00 per day. 
They have not received an increase in their compensation for
approximately fifteen (15) years.

The Commission spends many days preparing for each session, and
they are not compensated for this time.  They receive a report
for each inmate they will be hearing, a week before a session
starts.  They spend days reading these reports, so they can make
the best decision possible in each case - they are not paid for
the preparation time.  The Commissioners are not just a policy
board as most boards are - they are a working board making parole
and clemency decisions.

                           FISCAL NOTE

The fiscal impact is outlined below, showing a comparison with
actual compensation costs (salary/honorarium only) for CY 2006a
and the costs had they received $200 per day:

CY 2006:                 $52,195.00 Salary
     ($150/day)          $ 6,147.00 Benefits
          TOTAL          $57,342.00

Projected Compensation   $68,195.00 Salary 
     ($200/day)          $ 8,200.00 Benefits
          TOTAL          $76,395.00

Name: Olivia Craven 
Phone: 334-2520

STATEMENT OF PURPOSE/FISCAL NOTE                           S 1150