2008 Legislation
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SENATE BILL NO. 1319<br /> – Juvenile/correctn employee, contact

SENATE BILL NO. 1319

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Bill Status



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

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN 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)," or
 22    "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"  means a any 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  is  either incarcerated or on parole or probation for that crime
 29        or in custody for trial and sentencing, and who is  being  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" means a any 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 is on parole or probation in Idaho or being 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 Idaho and is either incarcerated or on parole or probation  for  that
 11    crime or in custody for trial and sentencing or 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 / Fiscal Impact



                       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