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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
]]]] 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
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