2008 Legislation
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HOUSE BILL NO. 537<br /> – Approp, Correction Dept, add’l

HOUSE BILL NO. 537

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Bill Status



H0537.....................................................by APPROPRIATIONS
APPROPRIATIONS - DEPARTMENT OF CORRECTION - Appropriating an additional
$1,261,600 to the Department of Correction for fiscal year 2008; reducing
the appropriation to the Department of Correction for offender programs by
$3,943,800 for fiscal year 2008; and revising reappropriation provisions.

02/15    House intro - 1st rdg - to printing
02/18    Rpt prt - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shively, Smith(24), Smith(30)(Stanek), Snodgrass,
      Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35),
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Brackett, Patrick, Shirley, Trail
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Fin
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Stegner
    Floor Sponsor - Bastian
    Title apvd - to House
03/04    To enrol
03/05    Rpt enrol - Sp signed
03/06    Pres signed - To Governor
03/11    Governor signed
         Session Law Chapter 79
         Effective: 03/11/08

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 537

                                BY APPROPRIATIONS COMMITTEE

  1                                        AN ACT
  2    APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF  CORRECTION  FOR  VARIOUS
  3        PROGRAMS  FOR  FISCAL YEAR 2008; REDUCING THE APPROPRIATION TO THE DEPART-
  4        MENT OF CORRECTION FOR OFFENDER PROGRAMS FOR FISCAL  YEAR  2008;  AMENDING
  5        SECTION  8,  CHAPTER  217,  LAWS OF 2007, TO REVISE REAPPROPRIATION PROVI-
  6        SIONS; AND DECLARING AN EMERGENCY.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  In addition to the appropriation made in  Section  1,  Chapter
  9    217,  Laws  of 2007, there is hereby appropriated to the Department of Correc-
 10    tion the following amounts to be expended for the designated programs  accord-
 11    ing  to  the  designated  expense classes from the listed funds for the period
 12    July 1, 2007, through June 30, 2008:
 13    I. OPERATIONS DIVISION:
 14    A. OPERATIONS ADMINISTRATION:
 15    FOR:
 16    Personnel Costs                                                     $  227,700
 17    Operating Expenditures                                                 819,100
 18      TOTAL                                                             $1,046,800
 19    FROM:
 20    General Fund                                                        $1,046,800
 21    B. SOUTH IDAHO CORRECTIONAL INSTITUTION - BOISE:
 22    FOR:
 23    Personnel Costs                                                     $  132,600
 24    Operating Expenditures                                                  59,100
 25    Capital Outlay                                                          23,100
 26      TOTAL                                                             $  214,800
 27    FROM:
 28    General Fund                                                        $  193,500
 29    Miscellaneous Revenue Fund                                              21,300
 30      TOTAL                                                             $  214,800

 31       GRAND
 32       TOTAL                                                            $1,261,600

 33        SECTION 2.  Notwithstanding any other provision of law  to  the  contrary,
 34    the  appropriation  of moneys made in Section 1, Chapter 217, Laws of 2007, to
 35    the Department of Correction for Offender Programs is hereby  reduced  by  the
 36    following  amount  according to the designated expense classes from the listed
 37    fund for the period July 1, 2007, through June 30, 2008:
 38    FOR:
 39    Personnel Costs                                                     $  356,400
 40    Operating Expenditures                                               3,587,400
 41      TOTAL                                                             $3,943,800

                                       2

  1    FROM:
  2    General Fund                                                        $3,943,800

  3        SECTION 3.  That Section 8, Chapter 217, Laws of 2007, be, and the same is
  4    hereby amended to read as follows:

  5        SECTION 8.  There is hereby reappropriated to the Idaho Department of Cor-
  6    rection, subject to the provisions of Section 9 of this  act,  the  unexpended
  7    and  unencumbered balance of General Fund moneys that were appropriated to the
  8    department for fiscal year 2007, to be used for nonrecurring expenditures, for
  9    the period July 1, 2007, through June 30, 2008. For accounting purposes,  this
 10    reappropriation  shall  be  considered  exempt  from the provisions of Section
 11    67-3511, Idaho Code, relating to the transfer of moneys between  programs  and
 12    expenditure  classes. The reappropriation shall be used for the replacement of
 13    federal funding lost through the Maintaining Dignity  in  Idaho  Jails  grant;
 14    conducting  a  criminal justice study; and for other one-time expenses related
 15    to moving offenders that are diagnosed with acute mental health disorders from
 16    the maximum security prison to Unit 16 at the Idaho State Correctional  Insti-
 17    tution;. In addition, the department is directed to provide a detailed written
 18    report  on  the expenditure and use of these funds to the next regular session
 19    of the Idaho Legislature any legal fees and cost claims that have been awarded
 20    or may be awarded in Gomez v. Vernon in the Ninth  Circuit  Court  of  Appeals
 21    and/or  the U.S. District Court of Idaho; increased adjustments that may arise
 22    in the Department of Correction's medical services contract; and  other  costs
 23    related  to housing inmates in county jails or in out-of-state facilities. Any
 24    unexpended balances of the reappropriation at the end of June 30, 2008,  shall
 25    revert back to the General Fund.

 26        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 27    declared to exist, this act shall be in full force and effect on and after its
 28    passage and approval.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS17931

Appropriates $1,261,600 to the Department of Correction for various programs for FY 2008; reduces the appropriation to the Department of Correction for Offender Programs by $3,943,800 for FY 2008; and revises reappropriation provisions for FY 2008.

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Fiscal Note

This legislation appropriates $809,100 from the General Fund to the Department of Correction to increase segregation beds at the Idaho Maximum Security Institution; $193,500 from the General Fund and $21,300 from the Miscellaneous Revenue Fund to staff seventeen segregation beds at the South Idaho Correctional Institution in Boise; and $237,700 from the General Fund to establish a virtual prison. Funding of $3,943,800 from the General Fund was removed for the Correctional Alternative Placement Program (CAPP) that was approved and funded last year but will not become operational this year or next. In addition, this bill amends reappropriation provisions that will allow the department to use its carryover for increased medical costs; housing inmates in county jails or in out-of-state facilities; and for any legal fees and cost claims that have been awarded or may be awarded in Gomez v. Vernon in the Ninth Circuit Court of Appeals and/or the U.S. District Court of Idaho.

In summary, this bill represents a reduction of $2,703,500 from the General Fund and an increase of $21,300 from the Miscellaneous Revenue Fund for a total reduction of $2,682,200 for the Department of Correction for FY 2008.

Contact: Dick Burns 334-4742

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. H537