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S1319................................................by JUDICIARY AND RULES
JUVENILE OFFENDERS - Amends existing law to revise definitions; to prohibit
employees of the Department of Juvenile Corrections from sexual contact
with juvenile offenders; to prohibit certain supervising officers from
sexual contact with certain parolees or probationers; and to provide for
punishment for sexual contact with a juvenile offender.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to Jud
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 34-0-1
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(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Siddoway
Floor Sponsor - Lodge
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Roberts,
Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Smith(24), Smith(30)(Stanek), Stevenson, Thayn, Thomas,
Trail, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Black, Durst, Patrick, Ringo, Ruchti,
Snodgrass, Vander Woude
Floor Sponsor - Wills
Title apvd - to Senate
02/28 To enrol
02/29 Rpt enrol - Pres signed
03/03 Sp signed
03/04 To Governor
03/05 Governor signed
Session Law Chapter 60
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1319 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO LAW ENFORCEMENT; AMENDING SECTION 18-101A, IDAHO CODE, TO REVISE 3 AND ADD DEFINITIONS; AND AMENDING SECTION 18-6110, IDAHO CODE, TO PROHIBIT 4 EMPLOYEES OF THE DEPARTMENT OF JUVENILE CORRECTIONS FROM SEXUAL CONTACT 5 WITH JUVENILE OFFENDERS, TO PROHIBIT CERTAIN SUPERVISING OFFICERS FROM 6 SEXUAL CONTACT WITH CERTAIN PAROLEES OR PROBATIONERS AND TO PROVIDE PUN- 7 ISHMENT FOR SEXUAL CONTACT WITH A JUVENILE OFFENDER. 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 or juvenile offenders. The term shall be construed to include references 17 to terms including, but not limited to, "prison," "state prison," "state peni- 18 tentiary," "governmental detention facility," "penal institution (facility)," 19 "correctional institution," "juvenile correctional center," "Idaho security 20 medical program," "detention institution (facility)," "juvenile detention cen- 21 ter (facility)," "county jail," "jail," "private prison (facility),"or22 "private correctional facility.," or those facilities that detain juvenile 23 offenders pursuant to a contract with the Idaho department of juvenile correc- 24 tions. 25 (2) "In-state prisoner" meansaany person who has been charged with or 26 convicted of a crime in the state of Idaho or who is being detained pursuant 27 to a court order, and 28 (a) Who iseither incarcerated or on parole or probation for that crime29or in custody for trial and sentencing, and who isbeing housed in any 30 state, local or private correctional facility, or 31 (b) Wwho is being transported in any manner within or through the state 32 of Idaho. 33 (3) "Local correctional facility" means a facility for the confinement of 34 prisoners operated by or under the control of a county or city. The term shall 35 include references to "county jail," or "jail." The term shall also include a 36 private correctional facility housing prisoners under the custody of the state 37 board of correction, the county sheriff or other local law enforcement agency. 38 (4) "Out-of-state prisoner" or "out-of-state inmate" meansaany person 39 who is convicted of and sentenced for a crime in a state other than the state 40 of Idaho, or under the laws of the United States or other foreign jurisdic- 41 tion, and 42 (a) Wwho ison parole or probation in Idaho orbeing housed in any state, 43 local or private correctional facility in the state of Idaho, or 2 1 (b) Wwho is being transported in any manner within or through the state 2 of Idaho. 3 (5) "Parolee" means a person who has been convicted of a felony and who 4 has been placed on parole by the Idaho commission for pardons and parole or 5 similar body of another state, the United States, or a foreign jurisdiction, 6 and who is not incarcerated in any state, local or private correctional facil- 7 ity, and who is being supervised by employees of the Idaho department of cor- 8 rection. 9 (6) "Prisoner" means a person who has been convicted of a crime in the 10 state of Idahoand is either incarcerated or on parole or probation for that11crime or in custody for trial and sentencingor who is being detained pursuant 12 to a court order, or who is convicted of and sentenced for a crime in a state 13 other than the state of Idaho, or under the laws of the United States or other 14 foreign jurisdiction, and 15 (a) Wwho is being housed in any state, local or private correctional 16 facility, or 17 (b) Wwho is being transported in any manner within or through the state 18 of Idaho. 19 The term shall be construed to include references to terms including, but not 20 limited to, "inmate," "convict," "detainee," and other similar terms, and 21 shall include "out-of-state prisoner" and "out-of-state inmate." 22 (67) "Private correctional facility" or "private prison (facility)" 23 means a correctional facility constructed or operated in the state of Idaho by 24 a private prison contractor. 25 (78) "Private prison contractor" means any person, organization, partner- 26 ship, joint venture, corporation or other business entity engaged in the site 27 selection, design, design/building, acquisition, construction, 28 construction/management, financing, maintenance, leasing, leasing/purchasing, 29 management or operation of private correctional facilities or any combination 30 of these services. 31 (9) "Probationer" means a person who has been placed on felony probation 32 by an Idaho court, or a court of another state, the United States, or a for- 33 eign jurisdiction, and who is not incarcerated in any state, local or private 34 correctional facility, and who is being supervised by employees of the Idaho 35 department of correction. 36 (810) "State correctional facility" means a facility for the confinement 37 of prisoners, owned or operated by or under the control of the state of Idaho. 38 The term shall include references to "state prison," "state penitentiary" or 39 "state penal institution (facility)." The term shall also include a private 40 correctional facility housing prisoners under the custody of the board of cor- 41 rection. 42 (11) "Supervising officer" means an employee of the Idaho department of 43 correction who is charged with or whose duties include supervision of felony 44 parolees or felony probationers. 45 (12) "Juvenile offender" means a person younger than eighteen (18) years 46 of age or who was younger than eighteen (18) years of age at the time of any 47 act, omission, or status for which the person is being detained in a correc- 48 tional facility pursuant to court order. 49 SECTION 2. That Section 18-6110, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 18-6110. SEXUAL CONTACT WITH A PRISONER. (1) It is a felony for any 52 employee of the Idaho department of correction, Idaho department of juvenile 53 corrections or any officer, employee or agent of a state, local or private 3 1 correctional facility, as those terms are defined in section 18-101A, Idaho 2 Code, to have sexual contact with a prisoner or juvenile offender, not their 3 spouse, whether an in-state or out-of-state prisoner or juvenile offender, as 4 those terms are defined in section 18-101A, Idaho Code. 5 (2) It is a felony for any supervising officer, as that term is defined 6 in section 18-101A, Idaho Code, to knowingly have sexual contact with any 7 parolee or probationer, as those terms are defined in section 18-101A, Idaho 8 Code, who is not the person's spouse. 9 (3) For the purposes of this section "sexual contact" means sexual inter- 10 course, genital-genital, manual-anal, manual-genital, oral-genital, anal- 11 genital or oral-anal, between persons of the same or opposite sex. 12 (4) Any person found guilty of sexual contact with a prisoner or juvenile 13 offender is punishable by imprisonment in the state prison for a term not to 14 exceed life.
STATEMENT OF PURPOSE
RS 17630
The purpose of these proposed amendments is to clarify Idaho Code
ยงยง18-101A and 18-6110 to make it clear that sexual contact between
any person, including juveniles, in the custody of a correctional
facility in Idaho, including juvenile facilities and any employee
of a governmental or private agency having such custody is a
felony. Sexual contact between any person on felony parole or
felony probation and any employee of the Idaho Department of
Correction who supervises such persons 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: Larry Callicutt, Department of Juvenile Corrections
Phone: 344-5102
Brent Reinke
Phone: 658-2140
STATEMENT OF PURPOSE/FISCAL NOTE S 1319