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LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature
First Regular Session - 2023
IN THE SENATE
SENATE BILL NO. 1128
BY STATE AFFAIRS COMMITTEE
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AN ACT
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RELATING TO PUBLIC SAFETY; AMENDING THE HEADING FOR TITLE 20, IDAHO CODE;
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AMENDING SECTION 20-101, IDAHO CODE, TO REDESIGNATE THE SECTION; AMEND-
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ING SECTION 20-101A, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
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MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 20-101B, IDAHO CODE, TO
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REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; REPEALING
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SECTION 20-101C, IDAHO CODE, RELATING TO FURLOUGHS, CONDITIONS, FAIL-
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URE TO RETURN, AND AUTHORIZATION FOR FUNERALS AND ACCIDENT OR ILLNESS;
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AMENDING SECTION 20-102, IDAHO CODE, TO REDESIGNATE THE SECTION; AMEND-
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ING SECTION 20-102A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
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SECTION 20-103, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SEC-
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TION 20-111, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION
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20-242, IDAHO CODE, TO REVISE PROVISIONS REGARDING FURLOUGHS, TO PRO-
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VIDE FOR CERTAIN REQUIREMENTS REGARDING FURLOUGHS, TO DEFINE A TERM,
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AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 20-242A, IDAHO
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CODE, TO REVISE A PROVISION REGARDING INMATE INCENTIVE PAY AND TO MAKE
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TECHNICAL CORRECTIONS; AMENDING SECTION 20-101D, IDAHO CODE, TO REDES-
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IGNATE THE SECTION; AMENDING THE HEADING FOR CHAPTER 1, TITLE 20, IDAHO
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CODE; AMENDING SECTION 18-101A, IDAHO CODE, TO REDESIGNATE THE SEC-
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TION, TO PROVIDE A CORRECT CODE REFERENCE, TO DEFINE A TERM, TO REVISE
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A DEFINITION, AND TO REMOVE DEFINITIONS; AMENDING CHAPTER 80, TITLE
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18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-8012, IDAHO CODE,
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TO DEFINE A TERM; AMENDING SECTION 18-101, IDAHO CODE, TO REVISE DEF-
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INITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-217,
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IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO REMOVE A CODE
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REFERENCE; AMENDING SECTION 18-2502, IDAHO CODE, TO REVISE A PROVISION
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REGARDING ASSISTING IN AN ESCAPE, TO PROVIDE A CORRECT CODE REFERENCE,
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AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-2505, IDAHO
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CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-2507,
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IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL
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CORRECTIONS; AMENDING SECTION 18-2510, IDAHO CODE, TO PROVIDE CORRECT
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CODE REFERENCES; AMENDING SECTION 18-6110, IDAHO CODE, TO PROVIDE COR-
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RECT CODE REFERENCES; AMENDING SECTION 20-237B, IDAHO CODE, TO PROVIDE
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CORRECT CODE REFERENCES; AMENDING SECTION 31-3220A, IDAHO CODE, TO PRO-
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VIDE CORRECT CODE REFERENCES; AMENDING SECTION 18-101B, IDAHO CODE, TO
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REDESIGNATE THE SECTION; REPEALING SECTION 20-901, IDAHO CODE, RELAT-
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ING TO DEFINITIONS; REPEALING SECTION 20-903, IDAHO CODE, RELATING TO
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NOTICE TO PRISONERS; AMENDING SECTION 20-902, IDAHO CODE, TO REDESIG-
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NATE THE SECTION, TO REVISE TERMINOLOGY, TO PROVIDE THAT CORRECTIONAL
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FACILITIES SHALL INFORM PRISONERS OF CERTAIN INFORMATION, AND TO DEFINE
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TERMS; AMENDING SECTION 20-201, IDAHO CODE, TO PROVIDE FOR THE DIVISION
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OF PUBLIC SAFETY AND TO REMOVE PROVISIONS REGARDING THE COMMISSION OF
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PARDONS AND PAROLE; AMENDING THE HEADING FOR CHAPTER 9, TITLE 20, IDAHO
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CODE; AMENDING CHAPTER 9, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW
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SECTION 20-901, IDAHO CODE, TO ESTABLISH THE DIVISION OF PUBLIC SAFETY;
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1
AMENDING CHAPTER 9, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
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TION 20-902, IDAHO CODE, TO PROVIDE FOR AUTHORITIES AND DUTIES OF THE
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DIVISION OF PUBLIC SAFETY; AMENDING CHAPTER 9, TITLE 20, IDAHO CODE,
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BY THE ADDITION OF A NEW SECTION 20-903, IDAHO CODE, TO PROVIDE FOR THE
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SELECTION OF AN ADMINISTRATOR AND DUTIES OF THE ADMINISTRATOR; AMENDING
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SECTION 20-1001, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION
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20-1002, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE EXECUTIVE DI-
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RECTOR; AMENDING SECTION 6-904B, IDAHO CODE, TO REVISE TERMINOLOGY, TO
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PROVIDE A CODE REFERENCE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
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SECTION 59-904, IDAHO CODE, TO PROVIDE FOR THE ADMINISTRATOR OF THE
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DIVISION OF PUBLIC SAFETY AND TO REVISE TERMINOLOGY; AMENDING SECTION
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39-5201, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT
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CODE REFERENCES, TO REVISE TERMINOLOGY, AND TO MAKE TECHNICAL CORREC-
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TIONS; AMENDING SECTION 39-5202, IDAHO CODE, TO REDESIGNATE THE SECTION
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AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 39-5203,
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IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE A PROVISION RE-
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GARDING ASSIGNMENT OF THE COUNCIL ON DOMESTIC VIOLENCE AND VICTIM
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ASSISTANCE; AMENDING SECTION 39-5204, IDAHO CODE, TO REDESIGNATE THE
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SECTION; AMENDING SECTION 39-5205, IDAHO CODE, TO REDESIGNATE THE SEC-
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TION; AMENDING SECTION 39-5206, IDAHO CODE, TO REDESIGNATE THE SECTION;
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AMENDING SECTION 39-5207, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO
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REVISE PROVISIONS REGARDING EMPLOYEES OF THE COUNCIL; AMENDING SECTION
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39-5208, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT
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CODE REFERENCE; AMENDING SECTION 39-5209, IDAHO CODE, TO REDESIGNATE
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THE SECTION; AMENDING SECTION 39-5210, IDAHO CODE, TO REDESIGNATE THE
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SECTION AND TO REVISE A PROVISION REGARDING DOMESTIC VIOLENCE GRANTS;
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AMENDING SECTION 39-5211, IDAHO CODE, TO REDESIGNATE THE SECTION AND
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TO REVISE A PROVISION REGARDING DOMESTIC VIOLENCE GRANTS; AMENDING
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SECTION 39-5212, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE A
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CORRECT CODE REFERENCE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
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SECTION 39-5213, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PRO-
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VIDE CORRECT CODE REFERENCES; AMENDING SECTION 39-6302, IDAHO CODE,
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TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS;
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AMENDING SECTION 39-6312, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-
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ENCE; AMENDING TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 11,
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TITLE 20, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING COMPENSATION
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FOR VICTIMS OF CRIME; AMENDING SECTION 72-1003, IDAHO CODE, TO REDESIG-
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NATE THE SECTION, TO REVISE A DEFINITION, AND TO DEFINE A TERM; AMENDING
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SECTION 72-1004, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
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PROVISIONS REGARDING CERTAIN POWERS AND DUTIES OF THE COMMISSION, AND
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TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 72-1005, IDAHO
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CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1006, IDAHO CODE,
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TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1007, IDAHO CODE, TO
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REDESIGNATE THE SECTION AND TO REVISE TERMINOLOGY; AMENDING SECTION
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72-1008, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE A PROVI-
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SION REGARDING PAYMENT OF CLAIMS; AMENDING SECTION 72-1009, IDAHO CODE,
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TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1010, IDAHO CODE, TO
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REDESIGNATE THE SECTION; AMENDING SECTION 72-1012, IDAHO CODE, TO RE-
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DESIGNATE THE SECTION AND TO REVISE PROVISIONS REGARDING AN APPLICATION
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FOR COMPENSATION; AMENDING SECTION 72-1013, IDAHO CODE, TO REDESIGNATE
3
1
THE SECTION, TO REVISE PROVISIONS REGARDING INFORMAL HEARINGS, AND TO
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PROVIDE FOR NOTICE, TRANSCRIPTS, A RECORD, EVIDENCE, AND SUBPOENAS;
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AMENDING SECTION 72-1014, IDAHO CODE, TO REDESIGNATE THE SECTION, TO
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REVISE TERMINOLOGY, AND TO AUTHORIZE THE DIVISION TO GATHER SUFFICIENT
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INFORMATION; AMENDING SECTION 72-1015, IDAHO CODE, TO REDESIGNATE
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THE SECTION AND TO REVISE PROVISIONS REGARDING ENFORCEMENT OF ORDERS
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AND IMPROPER ASSERTION OF PRIVILEGE; AMENDING SECTION 72-1016, IDAHO
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CODE, TO REDESIGNATE THE SECTION, TO REVISE TERMINOLOGY, AND TO PRO-
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VIDE A CORRECT CODE REFERENCE; AMENDING SECTION 72-1017, IDAHO CODE, TO
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REDESIGNATE THE SECTION; AMENDING SECTION 72-1018, IDAHO CODE, TO RE-
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DESIGNATE THE SECTION AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING
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SECTION 72-1019, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE
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TERMINOLOGY; AMENDING SECTION 72-1020, IDAHO CODE, TO REDESIGNATE
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THE SECTION; AMENDING SECTION 72-1021, IDAHO CODE, TO REDESIGNATE THE
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SECTION, TO REVISE PROVISIONS REGARDING RECONSIDERATION AND REVIEW OF
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THE COMMISSION'S DECISIONS, TO PROVIDE FOR THE FINALITY OF A DECISION,
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AWARD, OR ORDER OF THE COMMISSION, AND TO PROVIDE FOR A MOTION TO RE-
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CONSIDER AND A MOTION TO REVIEW AND AMEND; AMENDING SECTION 72-1022,
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IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1023,
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IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1024, IDAHO
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CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1025, IDAHO CODE,
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TO REDESIGNATE THE SECTION; AMENDING SECTION 72-1026, IDAHO CODE, TO
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REDESIGNATE THE SECTION AND TO PROVIDE FOR THE IDAHO INDUSTRIAL COMMIS-
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SION; AMENDING SECTION 18-2403, IDAHO CODE, TO PROVIDE FOR THE CRIME OF
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THEFT BY FALSELY OBTAINING COMPENSATION FOR VICTIMS OF CRIME; AMEND-
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ING SECTION 18-5623, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE;
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AMENDING SECTION 18-5624, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-
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ENCE; AMENDING SECTION 19-3509, IDAHO CODE, TO PROVIDE A CORRECT CODE
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REFERENCE; AMENDING THE HEADING FOR CHAPTER 53, TITLE 19, IDAHO CODE;
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AMENDING SECTION 19-5303, IDAHO CODE, TO PROVIDE A CORRECT CODE REFER-
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ENCE; AMENDING SECTION 19-5307, IDAHO CODE, TO PROVIDE A CORRECT CODE
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REFERENCE; AMENDING SECTION 31-3201I, IDAHO CODE, TO PROVIDE A COR-
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RECT CODE REFERENCE; AMENDING SECTION 67-2912, IDAHO CODE, TO PROVIDE
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A CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; REPEALING
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SECTION 72-1001, IDAHO CODE, RELATING TO A SHORT TITLE; REPEALING SEC-
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TION 72-1002, IDAHO CODE, RELATING TO LEGISLATIVE PURPOSE AND INTENT;
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REPEALING SECTION 72-1011, IDAHO CODE, RELATING TO A PENALTY FOR FRAUD-
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ULENTLY OBTAINING BENEFITS; AMENDING SECTION 74-105, IDAHO CODE, TO
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REVISE A PROVISION REGARDING RECORDS EXEMPT FROM DISCLOSURE AND TO MAKE
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A TECHNICAL CORRECTION; AMENDING SECTION 19-5304, IDAHO CODE, TO PRO-
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VIDE A CORRECT CODE REFERENCE; AMENDING SECTION 28-9-406, IDAHO CODE,
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TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 31-3201A, IDAHO
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CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 66-612,
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IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND DECLARING AN EMER-
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GENCY AND PROVIDING AN EFFECTIVE DATE.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That the heading for Title 20, Idaho Code, be, and the same is
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hereby amended to read as follows:
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1
TITLE 20
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STATE PRISON AND COUNTY JAILS PUBLIC SAFETY -- CORRECTIONS AND SUPERVISION
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-- VICTIMS OF CRIME
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SECTION 2. That Section 20-101, Idaho Code, be, and the same is hereby
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amended to read as follows:
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20-101251. ESTABLISHMENT AND USE OF PENITENTIARY AND REHABILITATION
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CENTERS. There shall be continually maintained for the care and custody of
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prisoners in Idaho, correctional facilities, and state rehabilitation cen-
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ters, for use by the state board of correction located in the county of Ada
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and at such other places in the state of Idaho as may be determined by the
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board of correction; provided however that no facility may be acquired ex-
12
cept as provided by law. All offenders convicted and sentenced according to
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law to imprisonment in the state prison, shall be committed to the custody of
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the state board of correction. All persons convicted of crimes against the
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laws of this state, and sentenced to confinement in the state prison shall be
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committed to the custody of the state board of correction, and must, during
17
the term of their confinement, perform such labor under such rules and regu-
18
lations as may be prescribed by the state board of correction.
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SECTION 3. That Section 20-101A, Idaho Code, be, and the same is hereby
20
amended to read as follows:
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20-101A252. GOOD CONDUCT REDUCTION OF SENTENCES. (1) Each person con-
22
victed of an offense against the state, which was committed prior to July 1,
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1986, and confined in a penal or correctional institution for a definite term
24
other than for life, whose record of conduct shows that he has faithfully ob-
25
served all the rules and has not been subject to punishment, is entitled to
26
a deduction from the term of his sentence beginning with the day on which the
27
sentence starts to run as follows:
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(1) (a) Five (5) days for each month, if the sentence is not less than
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six (6) months and not more than one (1) year.
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(2) (b) Six (6) days for each month, if the sentence is more than one (1)
31
year and less than three (3) years.
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(3) (c) Seven (7) days for each month, if the sentence is not less than
33
three (3) years and less than five (5) years.
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(4) (d) Eight (8) days for each month if the sentence is not less than
35
five (5) years and less than ten (10) years.
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(5) (e) Ten (10) days for each month, if the sentence is ten (10) years
37
or more.
38
(2) When two (2) or more consecutive sentences are served, the basis
39
upon which the deduction is computed is the aggregate of several sentences.
40
(3) In addition, those inmates doing an outstanding job, may be awarded
41
industrial or meritorious goodtime under rules adopted by the state board of
42
correction, not to exceed five (5) days per month.
43
(4) Inmates performing exceptionally meritorious or outstanding ser-
44
vices under rules adopted by the state board of correction may be awarded a
45
lump sum of goodtime. The number of days awarded may not exceed the regula-
46
tory maximum.
5
1
SECTION 4. That Section 20-101B, Idaho Code, be, and the same is hereby
2
amended to read as follows:
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20-101B253. FORFEITURE OF GOOD CONDUCT REDUCTION. (1) Inmates who
4
fail to observe faithfully the rules of the institution may have goodtime
5
withheld or forfeited under rules adopted by the state board of correction.
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(2) Forfeited or withheld goodtime may only be restored by the board of
7
correction or its authorized agent.
8
(3) Such revocation or forfeiture shall not be made except upon a hear-
9
ing upon the question of the infraction of the rules charged to such con-
10
victed person before the state board of correction or its authorized agent.
11
SECTION 5. That Section
20-101C,
Idaho Code, be, and the same is hereby
12
repealed.
13
SECTION 6. That Section 20-102, Idaho Code, be, and the same is hereby
14
amended to read as follows:
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20-102254. PENITENTIARY PERMANENT ENDOWMENT FUND. (1) There is es-
16
tablished in the state treasury the penitentiary permanent endowment fund.
17
This fund is perpetually appropriated for the beneficiaries of the endow-
18
ment. The fund shall be managed and invested by the endowment fund invest-
19
ment board according to law and the policies established by the state board
20
of land commissioners. The fund principal shall forever remain intact. The
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fund shall be a permanent fund and shall consist of the following:
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(a) Proceeds of the sale of lands granted to the state of Idaho by the
23
United States government in the Idaho Admission Bill, 26 Stat. L. 215,
24
ch. 656, known as penitentiary endowment lands, and lands granted in
25
lieu thereof;
26
(b) Proceeds of royalties arising from the extraction of minerals on
27
penitentiary endowment lands owned by the state; and
28
(c) Moneys allocated from the penitentiary earnings reserve fund.
29
(2) Proceeds from the sale of penitentiary endowment lands may first be
30
deposited into the land bank fund established in section 58-133, Idaho Code,
31
to be used to acquire other lands within the state for the benefit of the ben-
32
eficiaries of the penitentiary endowment. If the land sale proceeds are not
33
used to acquire other lands in accordance with section 58-133, Idaho Code,
34
the land sale proceeds shall be deposited into the penitentiary permanent
35
endowment fund along with any earnings on the proceeds.
36
(3) Earnings from the investment of the penitentiary permanent en-
37
dowment fund shall be distributed according to the provisions of section
38
57-723A, Idaho Code.
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SECTION 7. That Section 20-102A, Idaho Code, be, and the same is hereby
40
amended to read as follows:
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20-102A255. PENITENTIARY EARNINGS RESERVE FUND. (1) There is estab-
42
lished in the state treasury the penitentiary earnings reserve fund. The
43
fund shall be managed and invested by the endowment fund investment board ac-
44
cording to law and the policies established by the state board of land com-
45
missioners. The fund shall consist of the following:
6
1
(a) All earnings of the penitentiary permanent endowment fund;
2
(b) Proceeds of the sale of timber growing upon penitentiary endowment
3
lands;
4
(c) Proceeds of leases of penitentiary endowment lands;
5
(d) Proceeds of interest charged upon deferred payments on peniten-
6
tiary endowment lands or timber on those lands; and
7
(e) All other proceeds received from the use of penitentiary endowment
8
lands and not otherwise designated for deposit in the penitentiary per-
9
manent endowment fund.
10
(2) Moneys shall be distributed out of the penitentiary earnings re-
11
serve fund only to support the beneficiaries of the penitentiary endowment,
12
including distributions by the state board of land commissioners to the pen-
13
itentiary permanent endowment fund and the penitentiary income fund; pro-
14
vided, that funds shall not be appropriated by the legislature from the pen-
15
itentiary earnings reserve fund except to pay for administrative costs in-
16
curred managing the assets of the penitentiary endowment including, but not
17
limited to, real property and monetary assets.
18
19
amended to read as follows:
20
20-103256. PENITENTIARY INCOME FUND. There is established in the
21
state treasury the penitentiary income fund. The fund shall consist of
22
all moneys distributed from the penitentiary earnings reserve fund and
23
from other sources as the legislature deems appropriate. Moneys in the
24
penitentiary income fund shall be used to benefit the beneficiaries of the
25
penitentiary endowment and distributed to current beneficiaries of the pen-
26
itentiary endowment pursuant to legislative appropriation.
27
28
amended to read as follows:
29
20-111257. PRISONERS IN STATE PENITENTIARY -- JUSTIFIABLE KILLING OR
30
WOUNDING. If any prisoner threatens personal injury to any officer, keeper
31
or guard of the state penitentiary or other place maintained by the state
32
board of correction, or acts in such manner as may reasonably lead the of-
33
ficer, keeper or guard to believe his life or the life of any prisoner is in
34
danger, or which leads the officer, keeper or guard, to believe the prisoner
35
is attempting escape, then such officer, keeper or guard, may proceed forth-
36
with to use any weapon he may have to enforce obedience, and if in so doing
37
any prisoner shall be necessarily wounded or killed, the officer, keeper or
38
guard is justified and shall be held guiltless. For purposes of this sec-
39
tion, a facility operated by a private prison contractor and housing prison-
40
ers pursuant to a contract between the contractor and the state board of cor-
41
42
maintained by or under the control of the state board of correction.
7
1
20-242. FURLOUGH. 1. (1) When a person is committed to the custody of
2
the state board of correction, the board may, upon conditions which it may
3
impose, direct that the person be permitted to continue in his regular em-
4
ployment, work project, or educational program, if that is compatible with
5
the requirements of subsection 3 (2) of this section, or may authorize the
6
person to secure employment for himself.
7
2. If the board directs that the prisoner be permitted to continue in
8
his regular employment or education, the board shall arrange for a continua-
9
tion of the employment or education so far as possible without interruption.
10
If the prisoner does not have regular employment, and the board has autho-
11
rized the prisoner to secure employment for himself, the prisoner may do so,
12
and the board may assist him in doing so in finding employment.
13
3. (2) Whenever the prisoner is not employed and between the hours or
14
periods of employment, work project, or schooling, he shall be domiciled in a
15
jail, facility, or residence as directed by the board of correction.
16
4. (3) The earnings of the prisoner shall be retained by the prisoner
17
under such terms and conditions as the board may impose. From such earnings
18
the board may require that:
19
a. (a) the prisoner pay an amount to the board of correction sufficient
20
for the prisoner's board and personal expenses, both inside and outside
21
the jail, facility, or residence, including costs of administering such
22
prisoner's work furlough program;
23
b. (b) the prisoner provide for the reasonable and adequate support and
24
maintenance of the prisoner's dependents;
25
c. (c) the prisoner pay preexisting debts;
26
d. (d) the prisoner deposit earnings in a financial institution.
27
5. (4) If the prisoner violates the conditions established for his con-
28
duct, custody or employment, the board may order the balance of the pris-
29
oner's sentence to be spent in actual confinement.
30
6. The wilful failure of a prisoner to return to the place of confine-
31
ment not later than the expiration of any period during which he is autho-
32
rized to be away from the place of confinement under this section is an es-
33
cape from the place of confinement and is punishable as provided by section
34
35
(5) In addition to any other furlough authority provided in this sec-
36
tion, the board of correction may, upon conditions that it may impose, grant
37
a temporary furlough privilege to an inmate, during which the inmate remains
38
in the legal custody and under the control of the board. Furlough is autho-
39
rized pursuant to this subsection for diagnosis or treatment of a serious
40
illness or injury, funerals, serious illness, or accidents of the immedi-
41
ate family of the inmate, family visitation, seeking employment, and such
42
other purposes that contribute to and promote a transition from confinement
43
to free society. No furlough pursuant to this section may exceed seventy-two
44
(72) hours except in the case of a medical furlough for the purpose of diagno-
45
sis or treatment of a serious illness or injury.
46
(6) To be eligible for furlough pursuant to subsection (5) of this sec-
47
tion, an inmate must have been classified to minimum custody for a minimum
48
of six (6) months immediately before the granting of furlough, except in the
49
case of a medical furlough for diagnosis or treatment of a serious illness or
8
1
injury. Medical furlough inmates may be classified to minimum custody for
2
less than a six (6) month period.
3
(7) Before furlough pursuant to subsection (5) of this section can be
4
authorized, the board, or its designee, shall interview the inmate seeking
5
furlough and must:
6
(a) Verify the reason for which the inmate requests furlough and that
7
arrangements have been made for supervision, maintenance, and care of
8
the inmate while on furlough;
9
(b) Verify travel arrangements directly to and from the place of des-
10
tination, with all expenses paid by the inmate or the inmate's family;
11
provided, however, that in the case of an indigent inmate, travel ex-
12
penses may be satisfied from the inmate welfare fund;
13
(c) Clearly establish in writing the duration of furlough and all other
14
conditions, terms, and incidents requisite to any furlough; and
15
(d) Obtain a signed waiver of extradition from the inmate.
16
(8) For the purposes of this section, "immediate family" includes sib-
17
lings, whether whole or half-blood, current spouse, lawful issue, and par-
18
ents.
19
(9) The voluntary and willful failure of any inmate to abide by the
20
terms and conditions of any privilege, release, leave, or furlough granted
21
pursuant to this section, or the voluntary and willful failure to return
22
to the inmate's place of confinement after the expiration during which the
23
inmate is authorized to be away from the inmate's place of confinement, shall
24
be considered an escape or attempt to escape, as the case may be, from the
25
custody of the state board of correction and shall be punishable pursuant to
26
27
7. A (10) Any privilege, release, leave, or furlough granted pursuant
28
to this section may be revoked by the board at any time without notice or
29
hearing, and nothing in this section shall be interpreted to create any right
30
to any privilege, release, leave, or furlough of any kind for any person com-
31
mitted to the custody of the board.
32
33
amended to read as follows:
34
20-242A. INMATE INCENTIVE PAY. (1) The board of correction is hereby
35
authorized to institute an incentive pay program for those inmates perform-
36
ing work at the direction of the board of correction in jobs not associated
37
with correctional industry employment training programs pursuant to chapter
38
39
(2) Such compensation, if any, shall be in accordance with a graduated
40
schedule based on quantity and quality of work performed and skill required
41
for its performance.
42
(3) Nothing in this section is intended to restore, in whole or in part,
43
the civil rights of any inmate. No inmate compensated under this section
44
shall be considered an employee of the state or the board of correction, nor
45
46
Code, or be entitled to any benefits thereunder whether on behalf of himself
47
or any other person.
9
1
2
amended to read as follows:
3
20-101D242B. MERITORIOUS REDUCTION OF SENTENCE. (1) Each person con-
4
victed of an offense against the state committed on or after July 1, 1986,
5
sentenced and confined in a state correctional facility for any term other
6
than life, may be awarded a meritorious conduct reduction of their sentence
7
by the director of the department of correction. Meritorious conduct reduc-
8
tion of the sentence may be awarded when an inmate completes an extraordinary
9
act of heroism at the risk of his own life or for outstanding service to the
10
11
tion or major property loss during a riot, or the prevention of an escape from
12
a correctional facility. The award of a meritorious conduct reduction may
13
14
days awarded may not exceed fifteen (15) days for each month sentenced.
15
(2) For each inmate sentenced for a crime committed on or after July 1,
16
1986, the director of the department of correction may withdraw a meritori-
17
ous conduct reduction awarded pursuant to subsection (1) of this section ac-
18
cording to rules of the board of correction.
19
20
and the same is hereby amended to read as follows:
21
CHAPTER 1
22
STATE PENITENTIARY GENERAL PROVISIONS
23
24
amended to read as follows:
25
26
27
ically provided or unless the context clearly indicates or requires other-
28
wise, the following terms shall be defined as follows:
29
(1) "Correctional facility" means a facility for the confinement of
30
prisoners or juvenile offenders. The term shall be construed to include
31
references to terms including, but not limited to, "prison," "state prison,"
32
"state penitentiary," "governmental detention facility," "penal insti-
33
tution (facility)," "correctional institution," "juvenile correctional
34
35
cility)," "juvenile detention center (facility)," "county jail," "jail,"
36
"private prison (facility)," "private correctional facility," or those
37
facilities that detain juvenile offenders pursuant to a contract with the
38
39
(2) "In-state prisoner" means any person who has been charged with or
40
41
to a court order, and:
42
(a) Who is being housed in any state, local or private correctional fa-
43
cility; or
44
(b) Who is being transported in any manner within or through the state
45
10
1
(3) "Juvenile offender" means a person younger than eighteen (18) years
2
of age or who was younger than eighteen (18) years of age at the time of any
3
act, omission, or status for which the person is being detained in a correc-
4
tional facility pursuant to court order.
5
(3) (4) "Local correctional facility" means a facility for the confine-
6
ment of prisoners operated by or under the control of a county or city. The
7
term shall include references to "county jail," or "jail." The term shall
8
also include a private correctional facility housing prisoners under the
9
10
law enforcement agency.
11
(4) (5) "Out-of-state prisoner" or "out-of-state inmate" means any
12
person who is convicted of and sentenced for a crime in a state other than
13
14
jurisdiction, and:
15
(a) Who is being housed in any state, local or private correctional fa-
16
17
(b) Who is being transported in any manner within or through the state
18
19
(5) (6) "Parolee" means a person who has been convicted of a felony and
20
21
22
foreign jurisdiction, who is not incarcerated in any state, local or private
23
24
department of correction.
25
(6) (7) "Prisoner" means a person who has been convicted of a crime in
26
27
is convicted of and sentenced for a crime in a state other than the state of
28
29
and:
30
(a) Who is being housed in any state, local or private correctional fa-
31
cility; or
32
(b) Who is being transported in any manner within or through the state
33
34
The term shall be construed to include references to terms including, but
35
not limited to, "inmate," "convict," "detainee," and other similar terms and
36
shall include "out-of-state prisoner" and "out-of-state inmate."
37
(7) (8) "Private correctional facility" or "private prison (facility)"
38
39
by a private prison contractor.
40
(8) (9) "Private prison contractor" means any person, organization,
41
partnership, joint venture, corporation or other business entity engaged
42
in the site selection, design, design/building, acquisition, construction,
43
construction/management, financing, maintenance, leasing, leasing/pur-
44
chasing, management or operation of private correctional facilities or any
45
combination of these services.
46
(9) (10) "Probationer" means a person who has been placed on felony pro-
47
48
foreign jurisdiction, who is not incarcerated in any state, local or private
49
50
department of correction.
11
1
(10) "Repeat offender" means, for the purposes of sections 18-8002,
2
3
of driving while intoxicated or driving under the influence of alcohol
4
and/or drugs more than once in any five (5) year period for the purposes of
5
6
7
(11) "State correctional facility" means a facility for the confinement
8
9
The term shall include references to "state prison," "state penitentiary"
10
or "state penal institution (facility)." The term shall also include a pri-
11
vate correctional facility housing prisoners under the custody of the board
12
of correction.
13
14
correction who is charged with or whose duties include supervision of felony
15
parolees or felony probationers.
16
(13) "Juvenile offender" means a person younger than eighteen (18)
17
years of age or who was younger than eighteen (18) years of age at the time
18
of any act, omission, or status for which the person is being detained in a
19
correctional facility pursuant to court order.
20
21
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22
23
18-8012. DEFINITION OF REPEAT OFFENDER. For the purposes of sections
24
25
means a person who has been convicted of driving while intoxicated or driving
26
under the influence of alcohol or drugs more than once in any five (5) year
27
28
29
Code.
30
31
amended to read as follows:
32
18-101. DEFINITIONS OF TERMS. The following words have in this code
33
the signification attached to them in this section, unless otherwise appar-
34
35
36
wise specifically provided or unless the context clearly indicates or re-
37
quires otherwise, the following terms shall be defined as follows:
38
1. (a) The word "wilfully," "Willfully," when applied to the intent
39
with which an act is done or omitted, implies simply means a purpose or
40
willingness to commit the act or make the omission referred to. It does
41
not require any intent to violate law, or to injure another, or to ac-
42
quire any advantage.
43
2. (b) The words "neglect," "negligence," "negligent," and "negli-
44
gently," import "Neglect," "negligence," "negligent," and "negli-
45
gently" mean a want of such attention to the nature of probable conse-
46
quences of the act or omission as a prudent man ordinarily bestows in
47
acting in his own concerns.
12
1
3. (c) The word "corruptly," imports "Corruptly" means a wrongful de-
2
sign to acquire or cause some pecuniary or other advantage to the person
3
guilty of the act or omission referred to, or to some other person.
4
4. (d) The words "malice," and "maliciously," import "Malice" and "ma-
5
liciously" mean a wish to vex, annoy, or injure another person, or an in-
6
tent to do a wrongful act, established either by proof or presumption of
7
law.
8
5. (e) The word "knowingly," imports "Knowingly" means only a knowl-
9
edge that the facts exist which bring the act or omission within this ti-
10
11
require any knowledge of the unlawfulness of such act or omission.
12
6. (f) The word "bribe," signifies "Bribe" means anything of value or
13
advantage, present or prospective, or any promise or undertaking to
14
give any, asked, given, or accepted, with a corrupt intent to influence,
15
unlawfully, the person to whom it is given, in his action, vote or opin-
16
ion, in any public or official capacity.
17
7. (g) Where the word "person" is used in this code to designate
18
"Person" designates the party whose property may be the subject of any
19
offense, it and includes this state, any other state, any territory,
20
government, or country, which that may lawfully own property within
21
this state, and all public and private corporations or joint associa-
22
tions, as well as individuals.
23
24
25
ically provided or unless the context clearly indicates or requires other-
26
wise.
27
28
amended to read as follows:
29
18-217. MENTAL HEALTH RECORDS OF OFFENDERS. (1) For purposes of care,
30
treatment or normal health care operations, records of mental health evalu-
31
ation, care and treatment shall be provided upon request to and from the men-
32
tal health professionals of a governmental entity and another entity provid-
33
ing care or treatment for any person who is:
34
(a) Under court commitment to a state agency pursuant to section
35
36
(b) A pretrial detainee;
37
(c) Awaiting sentencing;
38
(d) In the care, custody or supervision of any correctional facility as
39
40
(e) On probation or parole;
41
(f) Being supervised as part of a drug court, mental health court, juve-
42
nile detention program, work release program, or similar court program;
43
or
44
(g) Applying for mental health services after release from a correc-
45
tional facility.
46
(2) No court order or authorization from the offender to transfer the
47
records shall be required except for records of substance abuse treatment as
48
13
1
2
amended to read as follows:
3
18-2502. OFFICERS CORRECTIONS AND LAW ENFORCEMENT OFFICIALS ASSIST-
4
ING IN ESCAPE. Any sheriff, deputy sheriff, peace officer, county detention
5
officer, or other employee of a law enforcement agency, as those terms are
6
7
ployee of a correctional facility, as defined in section 18-101A 20-101,
8
9
contrives, procures, aids, connives at, or voluntarily permits the escape of
10
any prisoner in custody, is punishable by imprisonment in the state prison
11
not exceeding ten (10) years, and a fine not exceeding ten thousand dollars
12
($10,000). Every such officer or person who negligently suffers such escape
13
is guilty of a misdemeanor.
14
15
amended to read as follows:
16
18-2505. ESCAPE BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR
17
A FELONY -- ESCAPE BY A JUVENILE FROM CUSTODY. (1) Every prisoner charged
18
with, convicted of, or on probation for a felony who is confined in any cor-
19
20
cluding any private correctional facility, or who while outside the walls
21
of such correctional facility in the proper custody of any officer or per-
22
son, or while in any factory, farm or other place without the walls of such
23
correctional facility, who escapes or attempts to escape from such officer
24
or person, or from such correctional facility, or from such factory, farm or
25
other place without the walls of such correctional facility, shall be guilty
26
of a felony, and upon conviction thereof, any such second term of imprison-
27
ment shall commence at the time he would otherwise have been discharged. Es-
28
cape shall be deemed to include abandonment of a job site or work assignment
29
without the permission of an employment supervisor or officer. Escape in-
30
cludes the intentional act of leaving the area of restriction set forth in a
31
court order admitting a person to bail or release on a person's own recogni-
32
zance with electronic or global positioning system tracking or monitoring,
33
or the area of restriction set forth in a sentencing order, except for leav-
34
ing the area of restriction for the purpose of obtaining emergency medical
35
care. A person may not be charged with the crime of escape for leaving the
36
aforementioned area of restriction unless the person was notified in writ-
37
ing by the court at the time of setting of bail, release or sentencing of the
38
consequences of violating this section by intentionally leaving the area of
39
restriction.
40
(2) Any person who is charged with, found to have committed, adjudi-
41
cated for or is on probation for an offense which would be a felony if com-
42
mitted by an adult, and who is confined in a juvenile detention facility or
43
other secure or nonsecure facility for juveniles and who escapes or attempts
44
to escape from the facility or from the lawful custody of any officer or per-
45
46
for an offense which would be a felony if committed by an adult. If the juve-
47
nile is or has been proceeded against as an adult, pursuant to section 20-508
48
14
1
of the escape or attempted escape, the person shall be guilty of a felony for
2
a violation of this section and shall be subject to adult criminal proceed-
3
ings.
4
5
amended to read as follows:
6
18-2507. EXPENSE OF PROSECUTION -- HOW PAID. (1) Whenever a person is
7
8
whenever a prisoner in the custody of the board of correction housed in a
9
10
Code, shall be prosecuted for any crime committed therein, the clerk of the
11
district court shall make out a statement of all the costs incurred by the
12
county for the prosecution of such case, and for the guarding and keeping
13
of such prisoner, and when certified by the judge who tried the case, such
14
statement shall be submitted to and reviewed by the board of examiners. If
15
16
ment of correction who shall pay the claim to the treasurer of the county
17
where the trial was conducted. The provisions of this section shall apply
18
to prosecution of a prisoner in the custody of the board of correction and
19
housed in a private correctional facility unless otherwise provided for in
20
21
22
(2) Costs of prosecution of all other prisoners housed in a private cor-
23
rectional facility shall be recoverable from the private prison contractor,
24
25
26
amended to read as follows:
27
18-2510. POSSESSION, INTRODUCTION OR REMOVAL OF CERTAIN ARTICLES INTO
28
OR FROM CORRECTIONAL FACILITIES. (1) No person including a prisoner, except
29
as authorized by law or with permission of the facility head, shall know-
30
ingly:
31
(a) Introduce, or attempt to introduce, contraband into a correctional
32
facility or the grounds of a correctional facility; or
33
(b) Convey, or attempt to convey, contraband to a prisoner confined in a
34
correctional facility; or
35
(c) Possess, or attempt to possess, contraband within a correctional
36
facility; or
37
(d) Receive, obtain or remove, or attempt to receive, obtain or remove,
38
contraband from a correctional facility.
39
(2) Any person including a prisoner who violates any provision of sub-
40
section (1) of this section shall be guilty of a misdemeanor and on convic-
41
tion thereof shall be punished by imprisonment in the county jail for a pe-
42
riod not exceeding one (1) year or by a fine not exceeding one thousand dol-
43
lars ($1,000), or by both such imprisonment and fine.
44
(3) No person including a prisoner, except as authorized by law or with
45
permission of the facility head, shall knowingly:
46
(a) Introduce, or attempt to introduce, major contraband into a correc-
47
tional facility or the grounds of a correctional facility; or
15
1
(b) Convey, or attempt to convey, major contraband to a prisoner con-
2
fined in a correctional facility; or
3
(c) Possess, or attempt to possess, major contraband within a correc-
4
tional facility; or
5
(d) Receive, obtain or remove, or attempt to receive, obtain or remove,
6
major contraband from a correctional facility.
7
(4) Any person including a prisoner who violates any provision of
8
subsection (3) of this section shall be guilty of a felony and on convic-
9
tion shall be punished by imprisonment in the state prison for a period not
10
exceeding five (5) years or by a fine not exceeding ten thousand dollars
11
($10,000), or by both such imprisonment and fine.
12
(5) As used in this section:
13
(a) "Contraband" means any article or thing that a prisoner confined in
14
a correctional facility is prohibited by statute, rule or policy from
15
obtaining or possessing and the use of which could endanger the safety
16
or security of the correctional facility, any person therein or the pub-
17
lic.
18
(b) "Correctional facility" means a correctional facility as defined
19
20
(c) "Major contraband" means:
21
(i) Any controlled substance as defined in section 37-2701(e),
22
23
(ii) Any tobacco product in excess of three (3) ounces;
24
(iii) Any firearm or dangerous weapon including explosives or com-
25
bustibles or any plans or materials that may be used in the making
26
or manufacturing of such weapons, explosives or devices;
27
(iv) Any telecommunication equipment or component hardware in-
28
cluding, but not limited to, any device carried, worn or stored
29
that is designed or intended to receive or transmit verbal or writ-
30
ten messages, access or store data or connect electronically to
31
the internet or any other electronic device that allows communi-
32
cations in any form. Such devices include, but are not limited to,
33
cellular telephones, portable two-way pagers, hand-held radios,
34
global position satellite system equipment, subscriber identity
35
module (SIM) cards, portable memory chips, batteries, chargers,
36
blackberry-type devices or smart phones, personal digital assis-
37
tants or PDA's and laptop computers. The term also includes any
38
new technology that is developed for similar purposes. Excluded
39
from this definition is any device having communication capabili-
40
ties that has been approved by the facility head for investigative
41
or institutional security purposes or for conducting other offi-
42
cial business;
43
(v) Any object or instrument intended or reasonably likely to
44
be used in the planning or aiding in an escape or attempted escape
45
from a correctional facility.
46
(d) "Prisoner" means a prisoner or a juvenile offender as those terms
47
16
1
18-6110. SEXUAL CONTACT WITH A PRISONER. (1) It is a felony for any em-
2
3
corrections or any officer, employee or agent of a state, local or private
4
correctional facility, as those terms are defined in section 18-101A 20-101,
5
6
their spouse, whether an in-state or out-of-state prisoner or juvenile of-
7
8
(2) It is a felony for any supervising officer, as that term is defined
9
10
any parolee or probationer, as those terms are defined in section 18-101A
11
12
(3) For the purposes of this section "sexual contact" means sexual in-
13
tercourse, genital-genital contact, manual-anal contact, manual-genital
14
contact, oral-genital contact, anal-genital contact or oral-anal contact,
15
between persons of the same or opposite sex.
16
(4) Any person found guilty of sexual contact with a prisoner or juve-
17
nile offender is punishable by imprisonment in the state prison for a term
18
not to exceed life.
19
20
amended to read as follows:
21
20-237B. MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL
22
FACILITIES. (1) The state board of correction or any privatized medical
23
provider under contract with the department of correction shall pay to a
24
provider of a medical service, other than hospital inpatient or outpatient
25
services, for any and all prisoners, committed to the custody of the de-
26
partment of correction, confined in a correctional facility, as defined in
27
28
29
services are provided. Hospitals shall be paid for inpatient and outpa-
30
tient facility services provided to such prisoners in an amount equal to
31
32
33
fee schedule. These limitations apply to all medical care services provided
34
outside the facility, including inpatient and outpatient hospitalizations,
35
emergency services, professional services, durable and nondurable goods,
36
prescription drugs and medications provided to any and all prisoners con-
37
fined in a correctional facility, as defined in section 18-101A(1) 20-101,
38
39
40
tion or any privatized medical provider under contract with the department
41
of correction shall pay the reasonable value of such service. If a priva-
42
tized medical provider is contracted with the department of correction,
43
no hospital or any medical services provider shall be required to provide
44
medical services to prisoners, except for emergency hospital services, in
45
the absence of a contract between the privatized medical provider and the
46
hospital or medical services provider. Any contract between the department
47
of correction and a privatized medical provider must contain a requirement
48
that the privatized medical provider enter into contracts with each hospi-
49
tal providing non-emergency services outside of the correctional facility.
17
1
The contract between the privatized medical provider and the department of
2
correction shall require, and the contracts between the privatized medical
3
provider and any hospital or non-hospital providers shall include, at least
4
the following terms reasonably and practicably consistent with those used by
5
6
(a) Claims adjudication processing;
7
(b) Timing;
8
(c) Payment;
9
(d) Authorizations;
10
(e) Utilization review;
11
(f) Audit; and
12
(g) Appeals processes.
13
(2) Subsection (1) of this section shall apply only to companies,
14
professional associations and other health care service entities whose ser-
15
vices are billed directly to the department of correction or any privatized
16
medical provider under contract with the department of correction. Subsec-
17
tion (1) of this section shall not apply to:
18
(a) Privatized correctional medical providers under contract with the
19
department of correction to provide health care to prison inmates;
20
(b) Private prison companies;
21
(c) Out-of-state correctional facilities contracting with the depart-
22
ment of correction to house prisoners;
23
(d) County jails; and
24
(e) Companies, professional associations and other health care service
25
entities whose services are provided within the terms of agreements
26
with privatized correctional medical providers under contract with
27
private prison companies and county jails.
28
29
hereby amended to read as follows:
30
31-3220A. PRISONER PAYMENT OF FEES AT TIME OF FILING OF ACTION -- PAR-
31
TIAL PAYMENT OF FEES -- DISMISSAL OF ACTION. (1) For the purposes of this sec-
32
tion, the following definitions shall apply:
33
(a) "Action" means a civil suit, action, proceeding, or appeal of
34
any such action, including habeas corpus, but excluding proceedings
35
36
(b) "Inmate account" means an account managed by officials of state,
37
local or private correctional facilities, as defined in section 18-101A
38
39
sonal property from the correctional facility's commissary in addition
40
to property and supplies provided by the county, state or private cor-
41
rectional facility to meet the prisoner's basic needs.
42
(c) "Prisoner" shall have the meaning provided in section 18-101A
43
44
(2) A prisoner who seeks to file an action with partial payment of court
45
46
following at the time of filing of an action:
47
(a) A motion to proceed on partial payment of court fees under this sec-
48
tion;
18
1
(b) An affidavit of inability to pay all court fees at the time of filing
2
the action, containing complete information as to:
3
(i) The prisoner's identity;
4
(ii) The nature and amount of the prisoner's income;
5
(iii) The prisoner's spouse's income;
6
(iv) The real and personal property owned;
7
(v) His cash or checking accounts;
8
(vi) His dependents;
9
(vii) His debts;
10
(viii) His monthly expenses;
11
(ix) The nature of the action;
12
(x) The affiant's belief that he is entitled to redress;
13
The affidavit shall also contain the following statements: "I am unable
14
to pay all court costs at the time of filing the action. I verify that
15
the statements made in this affidavit are true and correct." The affi-
16
davit shall be sworn as required by law; and
17
(c) A certified copy of his inmate account that reflects the activity of
18
his account over his period of incarceration or for twelve (12) months,
19
whichever is less. The copy of the prisoner's inmate account shall be
20
certified by a custodian of inmate accounts of the office of the county
21
sheriff, the department of correction, or the private correctional fa-
22
cility.
23
Upon filing of the action and motion to proceed under this section, the pris-
24
oner shall also serve a copy of each document filed in compliance with this
25
26
tion, or the private correctional facility.
27
(3) Upon review of the information provided and considering the pris-
28
oner's ability to pay all court fees at the time of filing the action, the
29
court shall order the prisoner to pay all or part of the court fees as set
30
31
(4) If the court permits the prisoner's action to proceed on partial
32
payment of court fees, the court shall assess and, when funds exist, col-
33
lect a partial payment of any court fees as set forth in sections 31-3201 and
34
35
of the greater of:
36
(a) The average monthly deposits to the prisoner's inmate account; or
37
(b) The average monthly balance for the six (6) month period immedi-
38
ately preceding the filing of the action.
39
(5) After payment of the initial partial filing fee, the prisoner shall
40
be required to make monthly payments of twenty percent (20%) of the pre-
41
ceding month's income credited to the prisoner's inmate account until the
42
full amount of all applicable court fees set forth in sections 31-3201 and
43
44
prisoner shall forward payments from the prisoner's inmate account to the
45
clerk of the court each time the amount in the prisoner's inmate account ex-
46
ceeds ten dollars ($10.00) until the full amount of all applicable court fees
47
48
(6) In no event shall the court fees collected exceed the amount of fees
49
permitted by statute for the commencement of an action.
19
1
(7) In no event shall a prisoner be prohibited from bringing an action
2
for the reason that the prisoner has no assets and no means by which to pay the
3
initial partial filing fee.
4
(8) The court may dismiss an action filed under this section, in whole
5
or in part, on its own motion or by motion of a party, upon a finding that:
6
(a) The prisoner has failed to pay the court fees under subsection (3)
7
of this section within thirty (30) days of the entry of the order for
8
court fees, or any time thereafter; or
9
(b) Any allegation in the prisoner's affidavit filed under this section
10
is false.
11
(9) If the action or any part of it is dismissed without prejudice under
12
subsection (8) of this section, and the prisoner refiles the action, the fol-
13
lowing shall apply:
14
(a) The requirements under this section must be met again in their en-
15
tirety; and
16
(b) No amount paid for court fees in any previously filed action, or any
17
part thereof, shall be credited to the court fees required under sec-
18
19
(10) The court may refuse further filings under this section until the
20
order for court fees has been satisfied in any previous action filed under
21
this section.
22
(11) The office of the attorney general, the county prosecutor, or other
23
counsel for the defendant or respondent, is authorized to receive informa-
24
25
tional facility in order to verify the financial information submitted by a
26
prisoner pursuant to this section.
27
(12) The court may request an official or officials of the county jail,
28
department of correction, or private correctional facility to file an affi-
29
davit concerning the allegations in the prisoner's affidavit or concerning
30
the merits of the action prior to determination whether to proceed under this
31
section.
32
(13) The court may require the prisoner to file an affidavit that the
33
claim has not been previously brought against the same parties or from the
34
same operative facts in any state or federal court.
35
(14) The court may dismiss an action or a portion of the action under
36
this section, before or after service, on its own motion or by motion of a
37
party, upon a finding that:
38
(a) Any allegation in the affidavit or the action is false;
39
(b) The action is frivolous;
40
(c) The action is malicious; or
41
(d) The action fails to state a claim upon which relief can be granted.
42
(15) If a portion of the action is dismissed, the court's order dismiss-
43
ing the action shall also designate the issues and the defendant or respon-
44
dent upon which the action is to proceed.
45
(16) The court shall award reasonable costs and attorney's fees to the
46
defendant or respondent if the court finds that:
47
(a) Any allegation in the prisoner's affidavit is false;
48
(b) The action or any part of the action is frivolous or malicious; or
49
(c) The action or any part of the action is dismissed for failure to
50
state a claim upon which relief can be granted.
20
1
(17) Orders entered under this section are not subject to interlocutory
2
appeal.
3
(18) Nothing in this section shall prevent a prisoner from authorizing
4
payment beyond that required under the order for filing fees.
5
(19) If the court authorizes the commencement of the action or any part
6
of the action without payment of fees upon a finding that the prisoner is un-
7
able to pay all court fees at the time of filing the action, and the court
8
later finds that a prisoner is then able to pay all court fees, the court
9
shall order the prisoner to pay all unpaid court fees within two (2) busi-
10
ness days and enter an order for court fees. The court's finding under this
11
subsection may be based on information contained in affidavits or other in-
12
formation available to the court. The court shall dismiss the action if the
13
prisoner fails to comply with an order entered under this subsection.
14
(20) If the action or any part of it is dismissed without prejudice un-
15
der subsection (19) of this section, and the prisoner refiles the action, the
16
following shall apply:
17
(a) The requirements under this section must be met again in their en-
18
tirety; and
19
(b) No amount paid for court fees in any previously filed action, or any
20
part thereof, shall be credited to the court fees required under sec-
21
22
(21) The court may develop a form questionnaire which it may require by
23
local rule to be filed to implement this statute.
24
(22) In no way shall this section be interpreted to create a liberty
25
interest for prisoners entitling them to due process protection under the
26
27
28
amended to read as follows:
29
18-101B108. CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND
30
PERSONNEL OF PRIVATE CORRECTIONAL FACILITIES. (1) An out-of-state prisoner
31
and personnel of a private prison contractor employed at a private correc-
32
33
34
(2) Any offense which would be a criminal act if committed by an
35
in-state prisoner housed in a state, local or private correctional facility,
36
37
ing escape from such facility or during transport, and any penalty for such
38
offense, shall apply in all respects to an out-of-state prisoner.
39
(3) Any offense which would be a criminal act if committed by an offi-
40
cer, employee or agent of a state or local correctional facility, and any
41
penalty for such offense, shall apply in all respects to the officers, em-
42
ployees and agents of a private correctional facility located in the state of
43
21
1
2
amended to read as follows:
3
20-902102. RESTRICTIONS ON RESTRAINT OF PREGNANT PRISONERS -- EXTRA-
4
ORDINARY CIRCUMSTANCE LIMITATION ON USE OF RESTRAINTS ON PREGNANT PRISON-
5
ERS. (1) A correctional institution facility shall not use restraints of any
6
kind on a prisoner known to be pregnant during labor and delivery, except as
7
provided in subsection (2) of this section.
8
(2) In an extraordinary circumstance, where a corrections official
9
makes an individualized determination that restraints are necessary to
10
prevent a prisoner from escaping or from injuring herself or medical or cor-
11
rectional personnel, such a prisoner or detainee may be restrained, provided
12
that:
13
(a) If the doctor, nurse or other health professional treating the
14
prisoner requests that restraints not be used, the corrections officer
15
accompanying the prisoner shall immediately remove all restraints; and
16
(b) Under no circumstances shall leg or waist restraints be used on any
17
prisoner during labor or delivery.
18
(3) If restraints are used on a prisoner pursuant to subsection (2) of
19
this section:
20
(a) Both the type of restraint applied and the application of the re-
21
straint must be done in the least restrictive manner necessary; and
22
(b) The corrections official shall make written findings within ten
23
(10) days as to the extraordinary circumstance that dictated the use of
24
the restraints. As part of this documentation, the corrections offi-
25
cial must also include the kind of restraints used and the reasons those
26
restraints were considered the least restrictive available and the most
27
reasonable under the circumstances. These findings shall be kept on
28
file by the institution facility for at least five (5) years and be made
29
available for public inspection, except that no information identify-
30
ing any individual prisoner or detainee shall be made public under the
31
provisions of this section without the prisoner or detainee's prior
32
written consent.
33
(4) Correctional facilities shall inform prisoners of the provisions
34
of this section upon admission to the correctional facility.
35
(5) As used in this section:
36
(a) "Corrections official" means the official designated as responsi-
37
ble for oversight of a correctional facility or his designee.
38
(b) "Extraordinary circumstance" means a substantial flight risk or
39
some other extraordinary medical or security circumstance that dic-
40
tates restraints be used to ensure the safety and security of the
41
prisoner or detainee, the staff of the correctional facility or medical
42
facility, other prisoners or detainees, or the public.
43
(c) "Labor" means the period of time before a birth during which con-
44
tractions are of sufficient frequency, intensity, and duration to bring
45
about effacement and progressive dilation of the cervix.
46
(d) "Restraints" means any physical restraint or mechanical device
47
used to control the movement of a prisoner's or detainee's body or
48
limbs.
22
1
2
amended to read as follows:
3
4
department of correction, which shall consist of the state board of cor-
5
6
safety. The department of correction shall, for the purposes of section
7
8
9
10
and as otherwise provided by law.
11
12
and the same is hereby amended to read as follows:
13
CHAPTER 9
14
RESTRAINT OF PREGNANT PRISONERS DIVISION OF PUBLIC SAFETY
15
16
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17
18
20-901. ESTABLISHMENT OF THE DIVISION OF PUBLIC SAFETY. There is
19
hereby created within the department of correction the division of public
20
21
the bureau of victim services and justice assistance.
22
23
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24
25
20-902. AUTHORITIES AND DUTIES OF THE DIVISION OF PUBLIC SAFETY. It
26
shall be the duty of the division of public safety to administer the provi-
27
sions of this chapter and other duties provided in law.
28
29
hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30
31
20-903. SELECTION OF ADMINISTRATOR AND DUTIES. (1) An administrator
32
of the division of public safety shall be appointed by the governor, shall be
33
subject to confirmation by the senate, and shall serve at the pleasure of the
34
governor. The administrator shall be compensated as determined by the gov-
35
ernor. The administrator shall have the duty, power, and authority to employ
36
such persons, make such expenditures, require such reports, make investiga-
37
tions, and to take such other lawful actions as deemed necessary or suitable
38
for carrying out the provisions of this chapter.
39
(2) The administrator shall also serve as the ex officio executive di-
40
23
1
20-1001. DEFINITIONS. As used in this chapter, unless the context
2
clearly indicates or requires otherwise, the following terms shall be de-
3
fined as follows:
4
(1) "Board" means the state board of correction.
5
6
(3) "Executive director" means the administrator of the division of
7
public safety who serves as the ex officio executive director of the commis-
8
sion.
9
10
amended to read as follows:
11
20-1002. COMMISSION CREATED -- APPOINTMENT -- QUALIFICATIONS -- TERMS
12
-- MEETINGS -- COMPENSATION -- EXECUTIVE DIRECTOR AND STAFF. (1) The gover-
13
nor shall appoint a commission, each member of which shall be subject to the
14
advice and consent of the senate, which shall succeed to and have all rights,
15
powers and authority of said board of pardons as are granted and provided by
16
17
(2) The commission shall be composed of seven (7) members. The members
18
shall serve at the pleasure of the governor and not more than four (4) members
19
shall be from any one (1) political party.
20
(3) Terms on the commission shall be for three (3) years, and vacancies
21
in the commission for unexpired terms shall be by appointment by the governor
22
for the remainder of the term and all appointees may be reappointed.
23
(4) The commission and the board may meet as necessary to exchange such
24
information to enable each to effectively carry out their respective duties.
25
(5) The commission shall meet at such times and places as determined to
26
be necessary and convenient, or at the call of the executive director, and in
27
any event no less than quarterly.
28
(6) Two (2) commissioners may meet to make decisions on the disposition
29
of parole violations. Such decisions must be unanimous, and in the event
30
they are not unanimous, then the parole violation disposition decision will
31
be made by a majority of the full commission either at the next quarterly
32
meeting or special meeting.
33
(7) Three (3) commissioners may meet to make decisions to grant or deny
34
parole. Such decisions must be unanimous, and in the event they are not unan-
35
imous, then the decision to grant or deny parole will be made by a majority of
36
the full commission at the next quarterly meeting.
37
(8) Commissioners shall be compensated as provided by section
38
39
date and time separate from a hearing session or other meetings approved by
40
the executive director. Commissioners shall receive compensation of three
41
hundred dollars ($300) per commissioner per day when conducting parole, com-
42
mutation, pardon, revocation or other hearings and shall be reimbursed for
43
actual and necessary expenses subject to the limitations provided in section
44
45
(9) The governor shall appoint administrator of the division of public
46
safety shall serve as the ex officio executive director for the commission.
47
The executive director shall be the full-time employee who shall report to,
48
serve at the pleasure of, and be compensated as determined by the governor.
49
The executive director shall be the official representative for the commis-
24
1
sion, shall be responsible for the managing and administration of daily com-
2
mission business and shall schedule hearing sessions at times convenient to
3
the commissioners. For each scheduled session, the executive director shall
4
designate one (1) of the commissioners as the presiding officer for conduct-
5
ing the hearings. The executive director may hire such staff and employees
6
as are approved by the governor. The executive director shall also have such
7
other duties and responsibilities as the governor shall assign.
8
9
amended to read as follows:
10
6-904B. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity
11
and its employees while acting within the course and scope of their employ-
12
ment and without malice or criminal intent and without gross negligence or
13
14
Code, shall not be liable for any claim which that:
15
1. (1) Arises out of the detention of any goods or merchandise by any
16
law enforcement officer.;
17
2. (2) Arises out of the cancellation or rescission, or the failure
18
to cancel or rescind, any motor vehicle registration and license plates for
19
failure of the owner to verify or maintain motor vehicle liability insurance
20
coverage.;
21
3. (3) Arises out of the issuance, denial, suspension or revocation of,
22
or failure or refusal to issue, deny, suspend, or revoke a permit, license,
23
certificate, approval, order or similar authorization.;
24
4. (4) Arises out of the failure to make an inspection, or the making
25
of an inadequate inspection of any property, real or personal, other than the
26
property of the governmental entity performing the inspection.;
27
5. (5) Arises out of any act or omission providing or failing to provide
28
medical care to a prisoner or person in the custody of any city, county or
29
state jail, detention center or correctional facility.;
30
31
and parole or its executive director when carrying out the business of the
32
33
7. (7) Arises out of a decision, act or omission of a city, county, the
34
35
36
Code.; or
37
8. (8) Arises out of the operation of a sport shooting range as defined
38
39
40
amended to read as follows:
41
59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All
42
vacancies in any state office, and in the supreme and district courts, unless
43
otherwise provided for by law, shall be filled by appointment by the gover-
44
nor. Appointments to fill vacancies pursuant to this section shall be made
45
as provided in subsections (b), (c), (d), (e), (f) and (g) of this section,
46
subject to the limitations prescribed in those subsections.
25
1
(b) Nominations and appointments to fill vacancies occurring in the of-
2
fice of lieutenant governor, state controller, state treasurer, superinten-
3
dent of public instruction, attorney general and secretary of state shall be
4
made by the governor, subject to the advice and consent of the senate, for
5
the balance of the term of office to which the predecessor of the person ap-
6
pointed was elected.
7
(c) Nominations and appointments to and vacancies in the following
8
listed offices shall be made or filled by the governor subject to the advice
9
and consent of the senate for the terms prescribed by law, or in case such
10
terms are not prescribed by law, then to serve at the pleasure of the gover-
11
nor:
12
Director of the department of administration,
13
Director of the department of finance,
14
Director of the department of insurance,
15
Director, department of agriculture,
16
Director of the department of water resources,
17
18
Director of the department of commerce,
19
Director of the department of labor,
20
Director of the department of environmental quality,
21
Director of the department of juvenile corrections,
22
Executive director of the commission of pardons and parole,
23
The state historic preservation officer,
24
The administrator of the division of human resources,
25
The administrator of the division of public safety,
26
Member of the state tax commission,
27
28
board of education,
29
Members of the Idaho water resource board,
30
Members of the state fish and game commission,
31
Members of the Idaho transportation board,
32
Voting members of the state board of health and welfare,
33
Members of the board of environmental quality,
34
Members of the board of directors of state parks and recreation,
35
Members of the board of correction,
36
Members of the industrial commission,
37
Members of the Idaho public utilities commission,
38
Members of the Idaho personnel commission,
39
Members of the board of directors of the Idaho state retirement system,
40
Members of the board of directors of the state insurance fund,
41
Members of the Idaho commission of pardons and parole.
42
(d) Appointments made by the state board of land commissioners to the
43
office of director, department of lands, and appointments to fill vacancies
44
occurring in those offices shall be submitted by the president of the state
45
board of land commissioners to the senate for the advice and consent of the
46
senate in accordance with the procedure prescribed in this section.
47
(e) Appointments made pursuant to this section while the senate is in
48
session shall be submitted along with the letter of appointment to the sen-
49
ate forthwith for the advice and consent of that body. Appointments made
50
pursuant to this section while the senate is not in session shall be submit-
26
1
ted along with the letter of appointment to the senate pursuant to section
2
67-803, Idaho Code. Should the senate adjourn without granting its consent
3
to an appointment the appointment shall thereupon become void and a vacancy
4
in the office to which the appointment was made shall exist, and the office
5
shall be deemed vacant upon the date of adjournment. It is the duty of the ap-
6
pointing authority to supply the senate with the letter of appointment. The
7
appointee shall supply the senate with the documentation it requests.
8
All appointments made pursuant to subsection (c) of this section, ex-
9
cept those appointments for which a term of office is fixed by law, shall ter-
10
minate at the expiration of any gubernatorial term. Appointments to fill the
11
vacancies thus created by the expiration of the term of office of the gover-
12
nor shall be forthwith submitted to the senate for the advice and consent of
13
that body, and when so submitted shall be as expeditiously considered as pos-
14
sible.
15
Upon receipt of an appointment along with the letter of appointment in
16
the senate for the purpose of securing the advice and consent of the sen-
17
ate, the appointment shall be referred by the presiding officer to the appro-
18
priate committee of the senate for consideration and report prior to action
19
thereon by the full senate.
20
(f) Excepting the appointments made pursuant to subsection (c) of this
21
section, whenever an appointee's term has expired as prescribed by law,
22
the governor or the authorized appointing authority must fill the position
23
within twelve (12) months of the expiration of the term. However, an of-
24
fice will be vacant if the governor or the authorized appointing authority:
25
(i) fails to timely appoint a qualified person at the earlier of the time
26
required by law or required in this subsection; or (ii) fails to provide
27
the senate with an appropriate letter or document of appointment by the
28
thirty-sixth legislative day of the subsequent legislative session. All
29
letters or documents of appointment must, as reasonably possible, accompany
30
the additional documentation required by the senate. At the request of the
31
secretary of the senate, the governor or the authorized appointing authority
32
must provide the additional documentation.
33
(g) It is the intent of the legislature that the provisions of this sec-
34
tion as amended by this chapter shall not apply to appointments which have
35
been made prior to the effective date of this chapter. It is the further in-
36
tent of the legislature that the provisions of this section shall apply to
37
the offices listed in this section and to any office created by law or exec-
38
utive order which succeeds to the powers, duties, responsibilities and au-
39
thorities of any of the offices listed in subsections (c) and (d) of this sec-
40
tion.
41
SECTION 38. That Section 39-5201, Idaho Code, be, and the same is hereby
42
amended to read as follows:
43
39-5201 20-904. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
44
DECLARATION OF POLICY. (1) The legislature finds that domestic violence is
45
an issue of growing concern. Research findings show that domestic violence
46
constitutes a significant percentage of homicides, aggravated assaults, and
47
assaults and batteries in the United States. Domestic violence is a disrup-
48
tive influence on personal and community life and is often interrelated with
49
a number of other family problems and stresses. Refuge for victims of do-
27
1
mestic violence is essential to provide protection to victims from further
2
abuse and physical harm. Refuge provides temporary safety and resources to
3
victims who may not have access to such things if they remain in abusive situ-
4
ations.
5
(2) It is the purpose of the legislature in the adoption of this chapter
6
sections 20-905 through 20-916, Idaho Code, to provide funding for projects
7
in the several areas of the state for the purpose of aiding victims of domes-
8
tic violence and other crimes.
9
(3) It is understood that the intention of the provisions of this chap-
10
ter is the intent of the legislature that the provisions of sections 20-905
11
through 20-916, Idaho Code, not be interpreted to supersede the authority or
12
responsibilities of agencies of state government responsible for providing
13
services to persons pursuant to the child protective act, crime victims com-
14
pensation act or adult protective provisions in the Idaho Code.
15
SECTION 39. That Section 39-5202, Idaho Code, be, and the same is hereby
16
amended to read as follows:
17
39-5202 20-905. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
18
DEFINITIONS. As used in this chapter sections 20-904 through 20-916, Idaho
19
Code:
20
(1) "Domestic violence" means the physical injury, sexual abuse or
21
forced imprisonment or threat thereof of a family or household member.
22
(2) "Family or household member" means one who is related by blood, mar-
23
riage, or who resides or has resided with or has been married to the person
24
committing the domestic violence.
25
(3) "Safe house" means a place available on an as needed basis for tem-
26
porary residence to victims of domestic violence and their children.
27
(4) "Refuge" means a place available on a twenty-four (24) hour, seven
28
(7) days a week basis, to provide temporary residence to victims of domestic
29
violence and their children.
30
(5) "Crisis line" means an emergency twenty-four (24) hour telephone
31
service staffed by persons able to provide information and referral to com-
32
munity services.
33
(6) "Council" means the Idaho council on domestic violence and victim
34
assistance created in section 39-5203 20-906, Idaho Code.
35
SECTION 40. That Section 39-5203, Idaho Code, be, and the same is hereby
36
amended to read as follows:
37
39-5203 20-906. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
38
COUNCIL ON DOMESTIC VIOLENCE AND VICTIM ASSISTANCE. (1) The Idaho council on
39
domestic violence and victim assistance is hereby established. The council
40
shall be the advisory body for programs and services affecting victims of do-
41
mestic violence and other crimes in Idaho.
42
(2) For budgetary purposes and for administrative support purposes,
43
the council shall be assigned, by the governor, to a department or office
44
within the state government to the division of public safety.
45
SECTION 41. That Section 39-5204, Idaho Code, be, and the same is hereby
46
amended to read as follows:
28
1
39-5204 20-907. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE
2
-- COMPOSITION OF COUNCIL. The council shall consist of seven (7) members
3
appointed by the governor. At least one (1) member shall reside in each of
4
the substate regions established pursuant to section 39-104, Idaho Code.
5
Members shall represent persons who are victims of domestic violence, care
6
providers, law enforcement officials, medical and mental health personnel,
7
counselors, and interested and concerned members of the general public.
8
SECTION 42. That Section 39-5205, Idaho Code, be, and the same is hereby
9
amended to read as follows:
10
39-5205 20-908. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE
11
-- APPOINTMENT AND TERM OF OFFICE. Each member of the council shall be
12
appointed for a term of three (3) years, except that of the members first ap-
13
pointed; two (2) shall be appointed for a term of one (1) year, two (2) shall
14
be appointed for a term of two (2) years, and three (3) shall be appointed
15
for a term of three (3) years. If a vacancy occurs, a new member shall be
16
appointed in accordance with the provisions of the original appointment for
17
the unexpired portion of the vacated term. Members may be replaced because
18
of poor attendance, lack of participation in the council's work, or malfea-
19
sance in office.
20
SECTION 43. That Section 39-5206, Idaho Code, be, and the same is hereby
21
amended to read as follows:
22
39-5206 20-909. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
23
COMPENSATION AND EXPENSES. Members of the council shall be entitled to re-
24
ceive actual and necessary expenses plus compensation as provided in section
25
59-509(g), Idaho Code.
26
SECTION 44. That Section 39-5207, Idaho Code, be, and the same is hereby
27
amended to read as follows:
28
39-5207 20-910. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE
29
-- ORGANIZATION OF COUNCIL -- EMPLOYMENT OF NECESSARY PERSONNEL AND EMPLOY-
30
EES. (1) The council shall annually designate one (1) of its members to serve
31
as chairman and one (1) member to serve as vice chairman, who shall act as
32
chairman in the chairman's absence. The chairman shall call meetings as
33
provided in the rules of the council.
34
(2) The council shall adopt and amend rules governing its proceedings,
35
activities and organization including, but not limited to, provisions gov-
36
erning a quorum, procedure, frequency and location of meetings, and estab-
37
lishment, functions and membership of council committees.
38
(3) The council may employ and shall fix the compensation, subject to
39
provisions of chapter 53, title 67, Idaho Code, of such personnel as may
40
be necessary including, but not limited to, an administrator, who shall
41
be designated as the The administrator of the division of public safety,
42
in consultation with the council in executive session pursuant to section
43
74-206(1)(a), Idaho Code, shall employ a bureau chief who shall carry out the
44
purposes of sections 20-904 through 20-916, Idaho Code, and other duties as-
45
signed by the administrator. The bureau chief shall be the ex officio execu-
29
1
tive director of the council and who, along with the division administrator,
2
shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
3
SECTION 45. That Section 39-5208, Idaho Code, be, and the same is hereby
4
amended to read as follows:
5
39-5208 20-911. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
6
RESPONSIBILITIES AND DUTIES. The council shall:
7
(1) Establish standards for projects applying for grants from the
8
council under this chapter pursuant to section 20-904 through 20-916, Idaho
9
Code;
10
(2) Disseminate information on availability of funds and the applica-
11
tion process;
12
(3) Receive grant applications for the development and establishment
13
of projects for victims of domestic violence and certain other crimes;
14
(4) Distribute funds after approval of projects meeting council stan-
15
dards;
16
(5) Assess, review and monitor the services and programs being provided
17
for victims of domestic violence and other crimes under this chapter;
18
(6) Monitor programs and services for victims of domestic violence and
19
other crimes to assure nonduplication of services and to encourage efficient
20
and coordinated use of resources in the provision of services;
21
(7) Compile data on the services and programs provided to victims of do-
22
mestic violence and other crimes and the geographic incidence of domestic
23
violence and other crimes in this state; and
24
(8) Submit annual reports to the governor and the legislature.
25
SECTION 46. That Section 39-5209, Idaho Code, be, and the same is hereby
26
amended to read as follows:
27
39-5209 20-912. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE
28
-- RULES. The council shall promulgate, adopt and amend rules and crite-
29
ria to implement the provisions of this chapter regarding applications and
30
grants for domestic violence project funding and for funding under any other
31
grant program administered by the council. Such promulgation, adoption and
32
amendment shall be in compliance with the provisions of chapter 52, title 67,
33
Idaho Code.
34
SECTION 47. That Section 39-5210, Idaho Code, be, and the same is hereby
35
amended to read as follows:
36
39-5210 20-913. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
37
ELIGIBLE PROJECTS. To be eligible for domestic violence grants pursuant to
38
this chapter from the council, a project must provide a safe house or refuge
39
and a crisis line, except in the case of a project providing services to bat-
40
terers. No funds may be granted to batterer programs from the domestic vi-
41
olence project account which are derived from marriage license or divorce
42
fees. Other services which may be provided include, but are not limited to:
43
(1) Counseling;
30
1
(2) Educational services for community awareness, for prevention of
2
domestic violence and for the care, treatment and rehabilitation of parties
3
to domestic violence;
4
(3) Support groups;
5
(4) Assistance in obtaining legal, medical, psychological or voca-
6
tional services.
7
SECTION 48. That Section 39-5211, Idaho Code, be, and the same is hereby
8
amended to read as follows:
9
39-5211 20-914. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
10
QUALIFICATIONS OF APPLICANTS. To qualify for domestic violence grants under
11
the provisions of this chapter from the council, an applicant must:
12
(1) Propose to operate and provide an eligible project;
13
(2) Be a private, nonprofit corporation of the state of Idaho, or a pub-
14
lic entity of the state of Idaho;
15
(3) Provide matching moneys equal to twenty-five percent (25%) of the
16
amount of the grant. The applicant may contribute to or provide the required
17
local matching funds. The value of in-kind contributions and volunteer
18
labor from the community may be computed and included as part of the local
19
matching requirement;
20
(4) Require persons employed by or volunteering services to the project
21
to maintain the confidentiality of any information that would identify in-
22
dividuals served by the project; such information identifying individuals
23
served by the project shall be subject to disclosure according to chapter 1,
24
title 74, Idaho Code;
25
(5) Require victims to reimburse the project monetarily or through vol-
26
unteer efforts for services provided as they are able to do so. Minimum re-
27
imbursement may be established by the council, with a sliding scale of reim-
28
bursement based on the victim's ability to pay;
29
(6) Provide a policy of nondiscrimination in its admissions and provi-
30
sion of services on the basis of race, religion, gender, color, age, marital
31
status, national origin or ancestry.
32
SECTION 49. That Section 39-5212, Idaho Code, be, and the same is hereby
33
amended to read as follows:
34
39-5212 20-915. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
35
DOMESTIC VIOLENCE PROJECT ACCOUNT. (1) There is hereby created in the state
36
operating fund the domestic violence project account. Moneys received from
37
the fees imposed by section 39-5213 20-916, Idaho Code, and section 39-6312,
38
Idaho Code, shall be credited to the account and shall be perpetually appro-
39
priated to the council on domestic violence and victim assistance for grants
40
for domestic violence projects and to meet the costs of maintaining the oper-
41
ation of the council.
42
(2) Eligible projects shall be given priority by the council based upon
43
an allocation of funds to projects in the seven (7) substate regions estab-
44
lished pursuant to section 39-104, Idaho Code, in the proportion that mar-
45
riage licenses are filed in each region.
31
1
SECTION 50. That Section 39-5213, Idaho Code, be, and the same is hereby
2
amended to read as follows:
3
39-5213 20-916. BUREAU OF VICTIM SERVICES AND JUSTICE ASSISTANCE --
4
FEE IMPOSED. (1) In addition to the fee due to the county recorder of each
5
county of this state under the provisions of section 31-3205, Idaho Code, for
6
the issuance of a marriage license, the recorder shall collect upon presen-
7
tation of proper identification by the applicants an additional fee of fif-
8
teen dollars ($15.00) for each license issued, which additional fee shall be
9
remitted to the state treasurer for credit to the "domestic violence project
10
account" created in section 39-5212 20-915, Idaho Code.
11
(2) In addition to any other fee imposed for filing an action for di-
12
vorce in the district court, there shall be collected a fee of twenty dollars
13
($20.00) for each divorce action, separately identified, which additional
14
fee shall be remitted to the state treasurer for credit to the domestic vio-
15
lence project account created in section 39-5212 20-915, Idaho Code.
16
SECTION 51. That Section 39-6302, Idaho Code, be, and the same is hereby
17
amended to read as follows:
18
39-6302. STATEMENT OF PURPOSE. (1) For purposes of this chapter, the
19
legislature adopts by reference the declaration of policy in section 39-5201
20
20-904, Idaho Code. Additionally, the legislature finds that a significant
21
number of homicides, aggravated assaults, and assaults and batteries occur
22
within the home between adult members of families. Furthermore, research
23
shows that domestic violence is a crime which can be deterred, prevented or
24
reduced by legal intervention. Domestic violence can also be deterred, pre-
25
vented or reduced by vigorous prosecution by law enforcement agencies and
26
prosecutors and by appropriate attention and concern by the courts whenever
27
reasonable cause exists for arrest and prosecution.
28
(2) The purpose of this act chapter is to address domestic violence as a
29
serious crime against society and to assure the victims of domestic violence
30
the protection from abuse which the law and those who enforce the law can pro-
31
vide.
32
(3) It is the intent of the legislature to expand the ability of the
33
courts to assist victims by providing a legal means for victims of domes-
34
tic violence to seek protection orders to prevent such further incidents of
35
abuse. It is the intent of the legislature that the official response to
36
cases of domestic violence shall stress the enforcement of the laws to pro-
37
tect the victim and shall communicate the attitude that violent behavior in
38
the home is criminal behavior and will not be tolerated. It is the intent
39
of the legislature to presume the validity of protection orders issued by
40
courts in all states, the District of Columbia, United States territories
41
and all federally recognized Indian tribes within the United States, and to
42
afford full faith and credit to those orders. The provisions of this chapter
43
are to be construed liberally to promote these purposes.
44
SECTION 52. That Section 39-6312, Idaho Code, be, and the same is hereby
45
amended to read as follows:
32
1
39-6312. VIOLATION OF ORDER -- PENALTIES. (1) Whenever a protection
2
order is granted and the respondent or person to be restrained had notice of
3
the order, a violation of the provisions of the order or of a provision ex-
4
cluding the person from a residence shall be a misdemeanor punishable by not
5
to exceed one (l) year in jail and a fine not to exceed five thousand dol-
6
lars ($5,000), ten dollars ($10.00) of which shall be deposited to the credit
7
of the domestic violence project account created in section 39-5212 20-915,
8
Idaho Code.
9
(2) A peace officer may arrest without a warrant and take into custody a
10
person whom the peace officer has probable cause to believe has violated an
11
order, if the person restrained had notice of the order.
12
(3) The person against whom a protection order has been issued by an
13
out-of-state court is presumed to have notice of the order if the victim
14
presents to the officer proof of service of the order.
15
SECTION 53. That Title 20, Idaho Code, be, and the same is hereby
16
amended by the addition thereto of a NEW CHAPTER, to be known and designated
17
as Chapter 11, Title 20, Idaho Code, and to read as follows:
18
CHAPTER 11
19
COMPENSATION FOR VICTIMS OF CRIME
20
SECTION 54. That Section 72-1003, Idaho Code, be, and the same is hereby
21
amended to read as follows:
22
72-1003 20-1101. DEFINITIONS. As used in this chapter:
23
(1) "Claimant" means any of the following claiming compensation under
24
this chapter:
25
(a) A victim;
26
(b) A dependent of a deceased victim; or
27
(c) An authorized person acting on behalf of any of them, including par-
28
ent(s), legal guardian(s), and sibling(s), of a victim who is a minor.
29
(2) "Collateral source" means a source of benefits, other than welfare
30
benefits, or advantages for economic loss otherwise compensable under this
31
chapter which the claimant has received or which is readily available to him
32
from:
33
(a) The offender;
34
(b) The government of the United States or any agency thereof, a state
35
or any of its political subdivisions, or an instrumentality of two (2)
36
or more states, unless the law providing for the benefits or advantages
37
makes them excess or secondary to benefits under this chapter;
38
(c) Social security, medicare, and medicaid;
39
(d) Worker's compensation;
40
(e) Wage continuation programs of any employer;
41
(f) Proceeds of a contract of insurance payable to the claimant for loss
42
which was sustained because of the criminally injurious conduct; or
43
(g) A contract, including an insurance contract, providing hospital
44
and other health care services or benefits for disability. Any such
45
contract in this state may not provide that benefits under this chapter
46
shall be a substitute for benefits under the contract or that the con-
33
1
tract is a secondary source of benefits and benefits under this chapter
2
are a primary source.
3
(3) "Commission" means the industrial Idaho commission of pardons and
4
parole.
5
(4) "Criminally injurious conduct" means intentional, knowing, or
6
reckless conduct that:
7
(a) Occurs or is attempted in this state or occurs outside the state of
8
Idaho against a resident of the state of Idaho and which occurred in a
9
state which does not have a crime victims compensation program for which
10
the victim is eligible as eligibility is set forth in this statute;
11
(b) Constitutes an act of terrorism as defined by 18 U.S.C. 2331, com-
12
mitted outside the United States against a resident of this state;
13
(c) Results in injury or death; and
14
(d) Is punishable by fine, imprisonment, or death or would be so punish-
15
able but for the fact that the person engaging in the conduct lacked ca-
16
pacity to commit the crime under the laws of this state. Criminally in-
17
jurious conduct does not include conduct arising out of the ownership,
18
maintenance, or use of a motor vehicle except when intended to cause
19
personal injury or death; provided that criminally injurious conduct
20
shall include violations of the provisions of section 18-4006 3(b),
21
18-8004, 18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code.
22
(5) "Dependent" means a natural person who is recognized under the law
23
of this state to be wholly or partially dependent upon the victim for care or
24
support and includes a child if under the age of eighteen (18) years or inca-
25
pable of self-support and unmarried and includes a child of the victim con-
26
ceived before the victim's death but born after the victim's death, includ-
27
ing a child that is conceived as a result of the criminally injurious con-
28
duct.
29
(6) "Division" means the division of public safety, which shall carry
30
out the purposes of this chapter.
31
(6) (7) "Extenuating circumstances" means that a victim requires fur-
32
ther mental health treatment due to trauma arising out of covered criminal
33
conduct in order to perform major life functions or the activities of daily
34
living.
35
(7) (8) "Injury" means actual bodily harm or disfigurement and, with
36
respect to a victim, includes pregnancy, venereal disease, mental or nervous
37
shock, or extreme mental distress. For the purposes of this chapter, "ex-
38
treme mental distress" means a substantial personal disorder of emotional
39
processes, thought or cognition which impairs judgment, behavior or ability
40
to cope with the ordinary demands of life.
41
(8) (9) "Victim" means a person who suffers injury or death as a result
42
of:
43
(a) Criminally injurious conduct;
44
(b) His good faith effort to prevent criminally injurious conduct; or
45
(c) His good faith effort to apprehend a person reasonably suspected of
46
engaging in criminally injurious conduct.
47
(9) (10) "Welfare benefits" as used in subsection (2) of this section,
48
shall include sums payable to or on behalf of an indigent person under chap-
49
ter 35, title 31, Idaho Code.
34
1
SECTION 55. That Section 72-1004, Idaho Code, be, and the same is hereby
2
amended to read as follows:
3
72-1004 20-1102. POWERS AND DUTIES OF COMMISSION. (1) The commission
4
shall:
5
(a) Adopt Have the authority to adopt rules to implement this chapter in
6
compliance with chapter 52, title 67, Idaho Code;
7
(b) Prescribe forms for applications for compensation; and
8
(c) Determine all matters relating to claims for compensation.
9
(2) The commission may:
10
(a) Request and obtain from prosecuting attorneys and law enforcement
11
officers investigations and data to enable the commission to determine
12
whether and the extent to which a claimant qualifies for compensation.
13
A statute providing confidentiality for a claimant's juvenile court
14
records does not apply to proceedings under this chapter;
15
(b) Subpoena witnesses and other prospective evidence, administer
16
oaths or affirmations, conduct hearings, and receive relevant, non-
17
privileged evidence;
18
(c) Take notice of judicially cognizable facts and general, technical,
19
and scientific facts within its specialized knowledge;
20
(d) Require that law enforcement agencies and officials take reason-
21
able care that victims be informed about the existence of this chapter
22
to apprise victims of their ability to seek compensation pursuant to
23
this chapter and the procedure for applying for compensation under this
24
chapter such compensation;
25
(e) Require that any person contracting directly or indirectly with an
26
individual formally charged with or convicted of a qualifying crime for
27
any rendition, interview, statement, or article relating to such crime
28
to deposit any proceeds owed to such individual under the terms of the
29
contract into an escrow fund for the benefit of any victims of the qual-
30
ifying crime or any surviving dependents of the victim, if such indi-
31
vidual is convicted of that crime, to be held for such period of time
32
as the commission may determine is reasonably necessary to perfect the
33
claims of the victims or dependents. If, after all funds due the victim
34
have been paid to the victim under this section, there remain additional
35
funds in the escrow account, such funds shall be returned to the crime
36
victims compensation account; and
37
(f) Require claimants to sign a release and provide information to
38
determine eligibility for compensation under this chapter. Any infor-
39
mation received by the commission pursuant to this subsection shall be
40
kept confidential except as provided in section 72-1007 20-1105, Idaho
41
Code.
42
SECTION 56. That Section 72-1005, Idaho Code, be, and the same is hereby
43
amended to read as follows:
44
72-1005 20-1103. REHABILITATION OF VICTIMS. The commission shall re-
45
fer victims who have been disabled through criminally injurious conduct and
46
who are receiving benefits under this chapter to an appropriate treatment
47
facility or program, including mental health counseling and care. If the re-
48
ferral is to the division of vocational rehabilitation, the division shall
35
1
provide for the vocational rehabilitation of the victims under its rehabili-
2
tation programs to the extent funds are available under such program.
3
SECTION 57. That Section 72-1006, Idaho Code, be, and the same is hereby
4
amended to read as follows:
5
72-1006 20-1104. ATTORNEYS' FEES. (1) The commission may grant attor-
6
neys' fees to attorneys for representing claimants before the commission.
7
Any attorney's fee granted by the commission shall be in addition to compen-
8
sation awarded the claimant under this chapter.
9
(2) The commission may regulate the amount of the attorney's fee in any
10
claim under this chapter when an attorney is representing a claimant.
11
(3) In no claim or case may attorney fees in excess of five percent (5%)
12
of the amount paid to a claimant or on his behalf be paid directly or indi-
13
rectly to a claimant's attorney.
14
SECTION 58. That Section 72-1007, Idaho Code, be, and the same is hereby
15
amended to read as follows:
16
72-1007 20-1105. PUBLIC INSPECTION AND DISCLOSURE OF COMMISSION'S RE-
17
CORDS. The information and records the commission division maintains in its
18
possession in the administration of this chapter shall be kept confidential
19
and are exempt from public disclosure under chapter 1, title 74, Idaho Code,
20
provided however:
21
(1) During the commission's division's regular office hours any
22
claimant, or his attorney or authorized representative, may examine all
23
files maintained by the commission in connection with his application for
24
compensation;
25
(2) Upon an adequate showing to the court in a separate civil or crim-
26
inal action that the specific information or records are not obtainable
27
through diligent effort from any independent source, the court may inspect
28
such records in camera to determine whether the public interest in disclos-
29
ing the records outweighs the public or private interest in maintaining the
30
confidentiality of such records;
31
(3) Information and records maintained by the commission division may
32
be disclosed to public employees and officials in the performance of their
33
official duties; and
34
(4) Information and records maintained by the commission division may
35
be disclosed to health care providers who are:
36
(a) Treating or examining victims claiming benefits under this chap-
37
ter; or
38
(b) Giving medical advice to the commission division regarding any
39
claim.
40
SECTION 59. That Section 72-1008, Idaho Code, be, and the same is hereby
41
amended to read as follows:
42
72-1008 20-1106. LIMITATION OF BENEFIT ENTITLEMENTS TO PROPORTIONATE
43
SHARE OF AVAILABLE FUNDS. Claimants receiving benefits under this chapter
44
are not granted an absolute entitlement to benefits. Benefits must be paid
45
in accordance with the amount of the legislative appropriation. If the com-
36
1
mission determines it is determined at any time that the appropriated funds
2
for a fiscal year will not be an amount that will fully pay all claims, the
3
commission may make appropriate proportionate reductions in benefits to all
4
claimants. Such reductions do not entitle claimants to future retroactive
5
reimbursements in future fiscal years unless the legislature makes appro-
6
priations for such retroactive benefits.
7
SECTION 60. That Section 72-1009, Idaho Code, be, and the same is hereby
8
amended to read as follows:
9
72-1009 20-1107. CRIME VICTIMS COMPENSATION ACCOUNT. The crime vic-
10
tims compensation account is hereby established in the dedicated fund. Mon-
11
eys shall be paid into the account as provided by law. Moneys in the account
12
may be appropriated only for the purposes of this chapter, which shall in-
13
clude administrative expenses.
14
SECTION 61. That Section 72-1010, Idaho Code, be, and the same is hereby
15
amended to read as follows:
16
72-1010 20-1108. RECEIPT OF FUNDS. The commission may adopt appropri-
17
ate rules in order to receive federal funds under federal criminal repara-
18
tion and compensation acts, or to receive grants, gifts or donations from any
19
source.
20
SECTION 62. That Section 72-1012, Idaho Code, be, and the same is hereby
21
amended to read as follows:
22
72-1012 20-1109. APPLICATION FOR COMPENSATION. An applicant for an
23
award of compensation may apply in writing in a form that conforms substan-
24
tially to that prescribed by the commission. To claim benefits under this
25
chapter, the claimant shall file with the division an application that con-
26
forms with any form or forms prescribed by the commission. An application is
27
deemed filed when it is received at the division office.
28
SECTION 63. That Section 72-1013, Idaho Code, be, and the same is hereby
29
amended to read as follows:
30
72-1013 20-1110. INFORMAL HEARINGS -- NOTICE -- TRANSCRIPT -- RECORD
31
-- EVIDENCE -- SUBPOENAS. The commission may hold informal hearings in order
32
to make determinations regarding the compensability of a claim. At such
33
hearings, the commission may subpoena witnesses and documents as set forth
34
in section 72-709, Idaho Code. (1) Informal hearings may be held pursuant
35
to this section wherein witnesses and documents may be subpoenaed as pro-
36
vided in subsection (7) of this section. Hearings held under this section
37
are not considered contested case hearings under the Idaho administrative
38
procedures act. However, the commission shall adopt rules regarding the
39
commission's informal hearing procedures.
40
(2) If a request for hearing is filed with the division, an informal
41
hearing shall be held by the administrator or person employed by the admin-
42
istrator, who shall prepare findings and a decision that shall be submitted
43
to the commission for its review. If the commission does not approve the rec-
37
1
ommendation, the commission may require another informal hearing held by the
2
administrator or person employed by the administrator or retain the office
3
of administrative hearings pursuant to chapter 52, title 67, Idaho Code, to
4
conduct another informal hearing and make recommended findings and a deci-
5
sion to the commission based on the record of both hearings.
6
(3) The division shall give the claimant at least ten (10) days' ad-
7
vance written notice of the time and place of the hearing and of the issues
8
to be heard, either by personal service or certified mail. Service by mail
9
shall be deemed complete when a copy of such notice is deposited in the United
10
States post office, with postage prepaid, addressed to a party at his last
11
known address as shown in the records and files of the division. Evidence of
12
service by certificate or affidavit of the person making the same shall be
13
filed with the division.
14
(4) The administrator shall make an audio or audiovisual recording of
15
each hearing and may arrange for a stenographic or machine transcription of
16
any hearing.
17
(5) At the hearing, the application filed by the claimant pursuant to
18
section 20-1109, Idaho Code, and any other documents in the division's file
19
that contain information relevant to the issues in the case shall be admitted
20
into the record. Such documents shall be marked for identification and the
21
record shall specify that those documents are admitted. The person conduct-
22
ing the hearing shall give those documents the weight that is appropriate un-
23
der the circumstances of the particular case.
24
(6) At the hearing, after the claimant has presented his evidence, the
25
person conducting the hearing shall allow the administrator, or his designee
26
that is employed by him, to present evidence. If the administrator is con-
27
ducting the hearing, the administrator shall not present evidence and shall
28
instead designate a person employed by him to present evidence. After any
29
presentation of evidence pursuant to this subsection, the person conducting
30
the hearing may, in his discretion, allow any other person to testify.
31
(7) Subpoenas shall be served in the manner provided by the Idaho rules
32
of civil procedure. Witness fees and mileage shall be in the amounts pro-
33
vided by the Idaho rules of civil procedure, and the claimant shall pay the
34
fees of any witness who is subpoenaed to testify on his behalf.
35
SECTION 64. That Section 72-1014, Idaho Code, be, and the same is hereby
36
amended to read as follows:
37
72-1014 20-1111. EVIDENCE OF CONDITION FOR CLAIMANT'S APPLICA-
38
TION. (1) The commission administrator may require the claimant to supple-
39
ment the application with any reasonably available medical reports or other
40
documents relating to the injury or condition for which compensation is
41
claimed. Failure to provide the requested supporting documents or reports
42
may result in the denial of the claimant's application for compensation or
43
claim for payment. Health care providers are authorized to submit directly
44
to the commission division, pursuant to the claimant's original release as
45
provided in the application for compensation, any information that is re-
46
quired to support a claimant's application or that is necessary to process
47
a claim for payment.
48
(2) If the physical or mental condition of a victim or claimant is ma-
49
terial to a claim, the commission division may order the victim or claimant
38
1
to submit from time to time to an examination by a physician or other li-
2
censed health professional or may order an autopsy of a deceased victim. The
3
commission division shall pay for such examination or autopsy. The order
4
shall specify the time, place, manner, conditions, and scope of the exami-
5
nation or autopsy and the person by whom it is to be made and shall require the
6
person to file with the commission division a detailed written report of the
7
examination or autopsy. The report shall set out his findings, including re-
8
sults of all tests made, diagnoses, prognoses, and other conclusions and re-
9
ports of earlier examinations of the same conditions. On request of the per-
10
son examined, the commission division shall furnish a copy of the report to
11
him. If the victim is deceased, the commission division, on request, shall
12
furnish a copy of the report to the claimant.
13
(3) Before paying benefits to any claimant, the division shall gather
14
sufficient information to establish that the claim is eligible for benefits.
15
The administrator may require the claimant to assist the division in obtain-
16
ing such information.
17
SECTION 65. That Section 72-1015, Idaho Code, be, and the same is hereby
18
amended to read as follows:
19
72-1015 20-1112. ENFORCEMENT OF COMMISSION'S ORDERS -- IMPROPER AS-
20
SERTION OF PRIVILEGE. If a person refuses to comply with an a lawful order
21
of the commission issued pursuant to this chapter or asserts a privilege to
22
withhold or suppress evidence relevant to a claim, except privileges arising
23
from the attorney-client relationship or counselor-client relationship,
24
the commission may make any just order, including denial of the claim may be
25
denied or any just order issued.
26
SECTION 66. That Section 72-1016, Idaho Code, be, and the same is hereby
27
amended to read as follows:
28
72-1016 20-1113. LIMITATIONS ON AWARDS. (1) Compensation may not be
29
awarded unless the claim is filed with the commission division within one (1)
30
year after the day the criminally injurious conduct occurred causing the in-
31
jury or death upon which the claim is based. The time for filing a claim may
32
be extended by the commission administrator for good cause shown.
33
(2) Compensation may not be awarded to a claimant who is the offender or
34
an accomplice of the offender or to any claimant if the award would unjustly
35
benefit the offender or accomplice.
36
(3) Compensation may not be awarded unless the criminally injurious
37
conduct resulting in injury or death was reported to a law enforcement of-
38
ficer within seventy-two (72) hours after its occurrence or the commission
39
finds there was good cause for the failure to report within that time.
40
(4) In order to be entitled to benefits under this chapter, a claimant
41
must fully cooperate with all law enforcement agencies and prosecuting
42
attorneys in the apprehension and prosecution of the offender causing
43
the criminally injurious conduct. The commission, upon finding that the
44
claimant or victim has not fully cooperated with appropriate law enforce-
45
ment agencies or prosecuting attorneys, may deny or reconsider and reduce an
46
award of compensation.
39
1
(5) Subject to the limitations on payments for the costs of forensic
2
and medical examinations of alleged victims of sexual assault described in
3
section 72-1019 20-1116(2), Idaho Code, compensation otherwise payable to a
4
claimant shall be reduced or denied to the extent the compensation benefits
5
payable are or can be recouped from collateral sources.
6
(6) Persons serving a sentence of imprisonment or residing in any other
7
public institution that provides for the maintenance of such persons are not
8
entitled to the benefits of this chapter.
9
(7)(a) Compensation may be denied or reduced if the victim contributed
10
to the infliction of death or injury with respect to which the claim is
11
made. Any reduction in benefits under this paragraph shall be in pro-
12
portion to what the commission finds to be the victim's contribution to
13
the infliction of death or injury.
14
(b) Compensation otherwise payable to a claimant shall be reduced by
15
fifty percent (50%) if at the time the injury was incurred the claimant
16
was engaged in a felony or was in violation of section 18-8004 or
17
67-7034, Idaho Code, and compensation otherwise payable may be further
18
reduced pursuant to division regulation of the industrial commission if
19
the claimant's actions contributed to the injury.
20
SECTION 67. That Section 72-1017, Idaho Code, be, and the same is hereby
21
amended to read as follows:
22
72-1017 20-1114. TENTATIVE AWARD OF COMPENSATION. If the commission
23
determines that the claimant will suffer financial hardship unless a tenta-
24
tive award is made and it appears likely that a final award will be made, an
25
amount may be paid to the claimant, to be deducted from the final award or re-
26
paid by and recoverable from the claimant to the extent that it exceeds the
27
final award.
28
SECTION 68. That Section 72-1018, Idaho Code, be, and the same is hereby
29
amended to read as follows:
30
72-1018 20-1115. AWARD OF COMPENSATION. (1) The commission shall
31
award compensation benefits under this chapter, if satisfied by a preponder-
32
ance of the evidence that the requirements for compensation have been met.
33
(2) An award may be made whether or not any person is prosecuted or con-
34
victed. Proof of conviction of a person whose acts give rise to a claim is
35
conclusive evidence that the crime was committed unless an application for
36
rehearing or an appeal of the conviction is pending or a rehearing or new
37
trial has been ordered.
38
(3) The commission may suspend the proceedings pending disposition of
39
a criminal prosecution that has been commenced or is imminent and may make a
40
tentative award under section 72-1017 20-1114, Idaho Code.
41
SECTION 69. That Section 72-1019, Idaho Code, be, and the same is hereby
42
amended to read as follows:
43
72-1019 20-1116. COMPENSATION BENEFITS. (1) A claimant is entitled to
44
weekly compensation benefits when the claimant has a total actual loss of
45
wages due to injury as a result of criminally injurious conduct. During the
40
1
time the claimant seeks such weekly benefits, the claimant, as a result of
2
such injury, must have no reasonable prospect of being regularly employed
3
in the normal labor market. The weekly benefit amount is sixty-six and two-
4
thirds percent (66 2/3%) of the wages received at the time of the criminally
5
injurious conduct, subject to a maximum of one hundred seventy-five dollars
6
($175). Weekly compensation payments shall be made at the end of each two (2)
7
week period. No weekly compensation payments may be paid for the first week
8
after the criminally injurious conduct occurred, but if total actual loss
9
of wages continues for one (1) week, weekly compensation payments shall be
10
paid from the date the wage loss began. Weekly compensation payments shall
11
continue until the claimant has a reasonable prospect of being regularly em-
12
ployed in the normal labor market.
13
(2) The commission may order payment of reasonable expenses actually
14
incurred by the claimant for reasonable services by a physician or surgeon,
15
reasonable hospital services and medicines, mental health counseling and
16
care, and such other treatment as may be approved by the commission for the
17
injuries suffered due to criminally injurious conduct. Payment for the
18
costs of forensic and medical examinations of alleged victims of sexual
19
assault performed for the purposes of gathering evidence for possible prose-
20
cution, after collections from any federal or federally financed third party
21
who has liability, shall be made by the commission; provided however that
22
payment for the costs of forensic and medical examinations of alleged vic-
23
tims under eighteen (18) years of age shall be made by the commission after
24
collections from any third party who has liability. The commission shall
25
establish a procedure for summary processing of such claims.
26
(3)(a) The dependents of a victim who is killed as a result of crim-
27
inally injurious conduct are entitled to receive aggregate weekly
28
benefits amounting to sixty-six and two-thirds percent (66 2/3%) of the
29
wages received at the time of the criminally injurious conduct causing
30
the death, subject to a maximum of one hundred seventy-five dollars
31
($175) per week. Weekly compensation payments shall be made at the end
32
of each two (2) week period.
33
(b) Benefits under paragraph (a) of this subsection shall be paid to
34
the spouse for the benefit of the spouse and other dependents unless the
35
commission determines that other payment arrangements should be made.
36
If a spouse dies or remarries, benefits under paragraph (a) of this sub-
37
section shall cease to be paid to the spouse but shall continue to be
38
paid to the other dependents as long as their dependent status contin-
39
ues.
40
(4) Reasonable funeral and burial or cremation expenses of the vic-
41
tim, together with actual expenses of transportation of the victim's body,
42
shall be paid in an amount not exceeding five thousand dollars ($5,000) if
43
all other collateral sources have properly paid such expenses but have not
44
covered all such expenses.
45
(5)(a) Compensation payable to a victim and all of the victim's depen-
46
dents in cases of the victim's death, because of injuries suffered due
47
to an act or acts of criminally injurious conduct involving the same
48
offender and occurring within a six (6) month period, may not exceed
49
twenty-five thousand dollars ($25,000) in the aggregate.
41
1
(b) The limitation of paragraph (a) of this subsection is subject to the
2
further limitation that payments for mental health treatment received
3
as a result of the victim's injury may not exceed two thousand five hun-
4
dred dollars ($2,500) unless the industrial commission finds extenuat-
5
ing circumstances. If the commission finds a victim to have extenuating
6
circumstances as defined in section 72-1003 20-1101, Idaho Code, the
7
victim is eligible for payments up to the maximum benefit allowed un-
8
der paragraph (a) of this subsection. The commission shall reevaluate
9
the victim's qualifications for extenuating circumstances not less of-
10
ten than annually.
11
(6) Compensation benefits are not payable for pain and suffering or
12
property damage.
13
(7)(a) A person who has suffered injury as a result of criminally
14
injurious conduct and, as a result of such injury, has no reasonable
15
prospect of being regularly employed in the normal labor market, who was
16
employable but was not employed at the time of such injury, may in the
17
discretion of the commission be awarded weekly compensation benefits in
18
an amount determined by the commission not to exceed one hundred fifty
19
dollars ($150) per week. Weekly compensation payments shall continue
20
until the claimant has a reasonable prospect of being regularly em-
21
ployed in the normal labor market or for a shorter period as determined
22
by the commission. The claimant shall be awarded benefits as provided
23
in subsection (2) of this section.
24
(b) The dependents of a victim who is killed as a result of criminally
25
injurious conduct and who was employable but not employed at the time of
26
death may, in the discretion of the commission, be awarded, in an aggre-
27
gate amount payable to all dependents, a sum not to exceed one hundred
28
fifty dollars ($150) per week, which shall be payable in the manner and
29
for the period provided by subsection (3)(b) of this section or for such
30
shorter period as determined by the commission. The claimant shall be
31
awarded benefits as provided in subsection (4) of this section.
32
(c) Compensation payable to a victim or a victim's dependents under
33
this subsection may not exceed twenty thousand dollars ($20,000), and
34
the limitations of subsection (5) of this section apply to compensation
35
under this subsection.
36
(8) Amounts payable as weekly compensation may not be commuted to a lump
37
sum and may not be paid less frequently than every two (2) weeks.
38
(9)(a) Subject to the limitations in paragraphs (b) and (c) of this sub-
39
section, the spouse, parent, grandparent, child, grandchild, brother
40
or sister of a victim who is killed, kidnapped, sexually assaulted
41
or subjected to domestic violence or child injury is entitled to re-
42
imbursement for mental health treatment received as a result of such
43
criminally injurious conduct.
44
(b) Total payments made under paragraph (a) of this subsection may not
45
exceed five hundred dollars ($500) for each person or one thousand five
46
hundred dollars ($1,500) for a family.
47
(c) With regard to claims filed pursuant to this section, in order for
48
family members of victims of crime to be entitled to benefits, the vic-
49
tim of the crime must also have been awarded benefits for the crime it-
50
self.
42
1
(10) A claimant or a spouse, parent, child or sibling of a claimant or
2
victim may be reimbursed for his or her expenses for necessary travel in-
3
curred in connection with obtaining benefits covered pursuant to this chap-
4
ter and in accordance with division rules of the commission.
5
SECTION 70. That Section 72-1020, Idaho Code, be, and the same is hereby
6
amended to read as follows:
7
72-1020 20-1117. AWARD NOT SUBJECT TO EXECUTION, ATTACHMENT, GARNISH-
8
MENT, OR ASSIGNMENT -- EXCEPTION. (1) An award is not subject to execution,
9
attachment, garnishment, or other process.
10
(2) An assignment or agreement to assign a right to compensation in the
11
future is unenforceable except:
12
(a) An assignment of a right to compensation for work loss to secure
13
payment of maintenance or child support; or
14
(b) An assignment of a right to compensation to the extent that the ben-
15
efits are for the cost of products, services, or accommodations neces-
16
sitated by the injury or death on which the claim is based and are pro-
17
vided or to be provided by the assignee.
18
SECTION 71. That Section 72-1021, Idaho Code, be, and the same is hereby
19
amended to read as follows:
20
72-1021 20-1118. RECONSIDERATION AND REVIEW OF COMMISSION'S DECI-
21
SIONS FINALITY OF DECISION, AWARD, OR ORDER -- MOTION TO RECONSIDER -- MOTION
22
TO REVIEW AND AMEND. (1) After a hearing, the decision, award, or order is-
23
sued pursuant to this chapter shall be final and conclusive as to all matters
24
adjudicated.
25
(1)(2) The Within twenty (20) days from the date that such decision
26
was issued, the commission, on its own motion or on request by motion of the
27
claimant, may reconsider a decision making or denying an award or determin-
28
ing its amount. The commission shall reconsider at least annually every
29
award being paid in installments. An order on reconsideration of an award
30
may not require refund of amounts previously paid unless the award was ob-
31
tained by fraud. The right to move to reconsider pursuant to this subsection
32
does not affect the finality of a decision.
33
(2) The right of reconsideration does not affect the finality of a com-
34
mission decision.
35
(3) Within three (3) years from the date that such decision is issued,
36
the commission, on its own motion or by motion of the claimant, may review and
37
amend any final order or award:
38
(a) If there is a change in circumstance that affects the claimant's en-
39
titlement to benefits;
40
(b) To correct a manifest injustice;
41
(c) If the order or award is based on facts that were misrepresented or
42
that were not fully disclosed; or
43
(d) To comply with the annual review required in subsection (2) of this
44
section.
45
SECTION 72. That Section 72-1022, Idaho Code, be, and the same is hereby
46
amended to read as follows:
43
1
72-1022 20-1119. NO APPEAL. There shall be no right of appeal from a
2
final determination of the commission.
3
SECTION 73. That Section 72-1023, Idaho Code, be, and the same is hereby
4
amended to read as follows:
5
72-1023 20-1120. SUBROGATION. (1) If a claimant seeks compensation
6
under this chapter and compensation is awarded, the account is entitled to
7
full subrogation against a judgment or recovery received by the claimant
8
against the offender or from or against any other source for all compensation
9
paid under this chapter. The account's right of subrogation shall be a first
10
lien on the judgment or recovery. If the claimant does not institute the
11
action against the offender or against another source from which payment may
12
be recovered for benefits compensable under this chapter within one (1) year
13
from the date the criminally injurious conduct occurred, the commission may
14
institute the action in the name of the claimant or the claimant's personal
15
representative.
16
(2) If the claimant institutes the action, the commission shall pay a
17
proportional share of costs and attorneys' fees if it recovers under its sub-
18
rogation interest.
19
(3) If the commission institutes the action in the name of the claimant
20
or the claimant's personal representative and the recovery is in excess of
21
the amount of compensation paid to the claimant and costs incurred by the ac-
22
count in pursuit of the action, the excess shall be paid to the claimant.
23
(4) If a judgment or recovery includes both damages for bodily injury
24
or death for which the commission has ordered compensation paid under this
25
chapter and damages for which the commission has not ordered compensation
26
paid, then the account's subrogation interest shall apply only to that pro-
27
portion of the judgment or recovery for which it has paid compensation. In
28
a civil action in a court of this state arising out of criminally injurious
29
conduct, the judge, on timely motion, shall direct the jury to return a spe-
30
cial verdict indicating separately the amounts of the various items of dam-
31
ages awarded. A claimant may not make recoveries against the offender or
32
other source from which payment can be recovered for benefits compensable
33
under this chapter in such a way as to avoid and preclude the account from re-
34
ceiving its proper subrogation share as provided in this section. The com-
35
mission shall order the release of any lien provided for in subsection (1) of
36
this section upon receipt of the account's subrogation share.
37
(5) Moneys received under the provisions of this section shall be paid
38
to the account.
39
SECTION 74. That Section 72-1024, Idaho Code, be, and the same is hereby
40
amended to read as follows:
41
72-1024 20-1121. EFFECT OF AWARD ON PROBATION AND PAROLE OF OF-
42
FENDER. (1) When placing any convicted person on probation, the court may
43
set as a condition of probation the payment to the account of an amount equal
44
to any benefits paid from the account to or for the benefit of a victim or a
45
victim's dependents. The court may set a repayment schedule and modify it as
46
circumstances change.
44
1
(2) Payment of the debt may be made a condition of parole subject to mod-
2
ification based on a change in circumstances.
3
SECTION 75. That Section 72-1025, Idaho Code, be, and the same is hereby
4
amended to read as follows:
5
72-1025 20-1122. FINES -- REIMBURSEMENTS -- DISPOSITION. (1) In addi-
6
tion to any other fine which may be imposed upon each person found guilty of
7
criminal activity, the court shall impose a fine or reimbursement according
8
to the following schedule, unless the court orders that such fine or reim-
9
bursement be waived only when the defendant is indigent and at the time of
10
sentencing shows good cause for inability to pay and written findings to that
11
effect are entered by the court:
12
(a) For each conviction or finding of guilt of each felony count, a fine
13
or reimbursement of not less than seventy-five dollars ($75.00) per
14
felony count;
15
(b) For each conviction or finding of guilt of each misdemeanor count, a
16
fine or reimbursement of thirty-seven dollars ($37.00) per misdemeanor
17
count;
18
(c) For each conviction or finding of guilt of an infraction under sec-
19
tion 18-8001 or 49-301, Idaho Code, or for each first-time conviction
20
or finding of guilt of an infraction under section 23-604 or 23-949,
21
Idaho Code, a fine or reimbursement of thirty-seven dollars ($37.00)
22
per count;
23
(d) In addition to any fine or reimbursement ordered under paragraph
24
(a) or (b) of this subsection, the court shall impose a fine or reim-
25
bursement of not less than three hundred dollars ($300) per count for
26
any conviction or finding of guilt for any sex offense, including,
27
but not limited to, offenses pursuant to sections 18-1506, 18-1507,
28
18-1508, 18-1508A, 18-6101, and 18-6604, Idaho Code.
29
(2) Notwithstanding the provisions of section 19-4705, Idaho Code, the
30
fines or reimbursements imposed under the provisions of this section shall
31
be paid into the crime victims compensation account.
32
SECTION 76. That Section 72-1026, Idaho Code, be, and the same is hereby
33
amended to read as follows:
34
72-1026 20-1123. PAYMENTS TO MEDICAL PROVIDERS. (1) The commission
35
may adopt a fee schedule to determine the allowable payments to be made to
36
medical providers under this chapter, including but not limited to, the
37
fee schedule the Idaho industrial commission has adopted to determine the
38
allowable payments to be made to medical providers under the Idaho worker's
39
compensation law.
40
(2) A medical provider who accepts the full allowable payment from the
41
commission under this chapter for medical services provided to a victim or
42
claimant shall be deemed to have agreed to accept those payments as payment
43
in full for those medical services. Except as provided in subsection (3)
44
herein, a medical provider who has received payment from the commission for
45
medical services provided to a victim or claimant under this chapter may not
46
attempt to collect any further payment from the victim or the claimant for
47
those same services.
45
1
(3) In the event the commission, due to a lack of available funds or
2
some other cause, is unable to pay the full allowable payment to a medical
3
provider for medical services provided to a victim or claimant under the pro-
4
visions of this chapter, the medical provider may collect the unpaid balance
5
for those services from the victim or claimant, but in no event shall the to-
6
tal amount collected by the provider from the commission and the victim or
7
claimant exceed the full allowable payment the provider would have received
8
from the commission under the provisions of this chapter.
9
SECTION 77. That Section 18-2403, Idaho Code, be, and the same is hereby
10
amended to read as follows:
11
18-2403. THEFT. (1) A person steals property and commits theft when,
12
with intent to deprive another of property or to appropriate the same to him-
13
self or to a third person, he wrongfully takes, obtains or withholds such
14
property from an owner thereof.
15
(2) Theft includes a wrongful taking, obtaining or withholding of an-
16
other's property, with the intent prescribed in subsection (1) of this sec-
17
tion, committed in any of the following ways:
18
(a) By deception obtains or exerts control over property of the owner;
19
(b) By conduct heretofore defined or known as larceny; common law
20
larceny by trick; embezzlement; extortion; obtaining property, money
21
or labor under false pretenses; or receiving stolen goods;
22
(c) By acquiring lost property. A person acquires lost property when
23
he exercises control over property of another which he knows to have
24
been lost or mislaid, or to have been delivered under a mistake as to the
25
identity of the recipient or the nature or amount of the property, with-
26
out taking reasonable measures to return such property to the owner; or
27
a person commits theft of lost or mislaid property when he:
28
1. Knows or learns the identity of the owner or knows, or is aware
29
of, or learns of a reasonable method of identifying the owner; and
30
2. Fails to take reasonable measures to restore the property to
31
the owner; and
32
3. Intends to deprive the owner permanently of the use or benefit
33
of the property.
34
(d) By false promise:
35
1. A person obtains property by false promise when pursuant to a
36
scheme to defraud, he obtains property of another by means of a
37
representation, express or implied, that he or a third person will
38
in the future engage in particular conduct, and when he does not
39
intend to engage in such conduct or, as the case may be, does not
40
believe that the third person intends to engage in such conduct.
41
2. In any prosecution for theft based upon a false promise, the
42
defendant's intention or belief that the promise would not be per-
43
formed may not be established by or inferred from the fact alone
44
that such promise was not performed. Such a finding may be based
45
only upon evidence establishing that the facts and circumstances
46
of the case are consistent with guilty intent or belief and in-
47
consistent with innocent intent or belief, and excluding to a
48
moral certainty every reasonable hypothesis except that of the
46
1
defendant's intention or belief that the promise would not be per-
2
formed;
3
(e) By extortion. A person obtains property by extortion when he com-
4
pels or induces another person to deliver such property to himself or to
5
a third person by means of instilling in him a fear that, if the property
6
is not so delivered, the actor or another will:
7
1. Cause physical injury to some person in the future; or
8
2. Cause damage to property; or
9
3. Engage in other conduct constituting a crime; or
10
4. Accuse some person of a crime or cause criminal charges to be
11
instituted against him; or
12
5. Expose a secret or publicize an asserted fact, whether true
13
or false, tending to subject some person to hatred, contempt or
14
ridicule; or
15
6. Cause a strike, boycott or other collective labor group action
16
injurious to some person's business; except that such a threat
17
shall not be deemed extortion when the property is demanded or
18
received for the benefit of the group in whose interest the actor
19
purports to act; or
20
7. Testify or provide information or withhold testimony or infor-
21
mation with respect to another's legal claim or defense; or
22
8. Use or abuse his position as a public servant by performing some
23
act within or related to his official duties, or by failing or re-
24
fusing to perform an official duty, in such manner as to affect
25
some person adversely; or
26
9. Perform any other act which would not in itself materially ben-
27
efit the actor but which is calculated to harm another person mate-
28
rially with respect to his health, safety, business, calling, ca-
29
reer, financial condition, reputation or personal relationships.
30
(3) A person commits theft when he knowingly takes or exercises unau-
31
thorized control over, or makes an unauthorized transfer of an interest
32
in, the property of another person, with the intent of depriving the owner
33
thereof.
34
(4) A person commits theft when he knowingly receives, retains, con-
35
ceals, obtains control over, possesses, or disposes of stolen property,
36
knowing the property to have been stolen or under such circumstances as would
37
reasonably induce him to believe that the property was stolen, and
38
(a) Intends to deprive the owner permanently of the use or benefit of
39
the property; or
40
(b) Knowingly uses, conceals or abandons the property in such manner as
41
to deprive the owner permanently of such use or benefit; or
42
(c) Uses, conceals, or abandons the property knowing such use, conceal-
43
ment or abandonment probably will deprive the owner permanently of such
44
use or benefit.
45
(5) Theft of labor or services or use of property.
46
(a) A person commits theft when he obtains the temporary use of prop-
47
erty, labor or services of another which are available only for hire, by
48
means of threat or deception or knowing that such use is without the con-
49
sent of the person providing the property, labor or services.
47
1
(b) A person commits theft when after renting or leasing a motor vehicle
2
or other equipment under an agreement in writing which provides for the
3
return of the vehicle or other equipment to a particular place at a par-
4
ticular time, he willfully or intentionally fails to return the vehicle
5
or other equipment to that place within forty-eight (48) hours after the
6
time specified.
7
(c) A person commits theft if, having control over the disposition of
8
services of others, to which he is not entitled, he knowingly diverts
9
such services to his own benefit or to the benefit of another not enti-
10
tled thereto.
11
(6) Theft by falsely obtaining compensation for victims of crime. A
12
person commits theft when he knowingly makes a false claim or a false state-
13
ment or uses any other fraudulent device in connection with any claim pur-
14
suant to chapter 11, title 20, Idaho Code, and upon conviction shall, in ad-
15
dition to being punished as provided in this chapter, forfeit and repay any
16
compensation paid under chapter 11, title 20, Idaho Code.
17
SECTION 78. That Section 18-5623, Idaho Code, be, and the same is hereby
18
amended to read as follows:
19
18-5623. PERSONAL PROPERTY -- RIGHTS OF THIRD PARTIES. (1) Within five
20
(5) days of any of the events specified in section 18-5622, Idaho Code, no-
21
tice, including a copy of the request for forfeiture, shall be given to each
22
co-owner or party in interest who has or claims any right, title or interest
23
in any such personal property according to one (1) of the following methods:
24
(a) Upon each co-owner of or party in interest in a titled motor vehi-
25
cle, aircraft or other conveyance, by mailing notice by certified mail
26
to the address of each co-owner and party in interest as given upon the
27
records of the appropriate department of state or federal government
28
where records relating to such conveyances are maintained;
29
(b) Upon each secured party and assignee designated as such in any UCC-1
30
financing statement on file in an appropriate filing office covering
31
any personal property sought to be forfeited, by mailing notice by
32
certified mail to the secured party and the assignee, if any, at their
33
respective addresses as shown on such financing statement; or
34
(c) Upon each co-owner or party in interest whose name and address is
35
known, by mailing notice by registered mail to the last known address of
36
such person.
37
(2) Within twenty (20) days after the mailing of the notice, the
38
co-owner or party in interest may file a verified answer and claim to the
39
property described in the notice.
40
(3) If a verified answer is filed within twenty (20) days after mailing
41
of the notice, the forfeiture proceeding against all co-owners and parties
42
in interest who have filed verified answers shall be set for hearing before
43
the court without a jury on a day not less than sixty (60) days after the mail-
44
ing of the notice; and the proceeding shall have priority over other civil
45
cases.
46
(a) At the hearing, any co-owner or party in interest who has a veri-
47
fied answer on file may show by competent evidence that his interest in
48
the titled motor vehicle, aircraft or other conveyance is not subject to
49
forfeiture because he could not have known in the exercise of reasonable
48
1
diligence that the titled motor vehicle, aircraft or other conveyance
2
was being used, had been used or was intended to be used for the purposes
3
described in section 18-5612, Idaho Code.
4
(b) A co-owner or claimant of any right, title or interest in the prop-
5
erty may prove that his right, title or interest, whether under a lien,
6
mortgage, security agreement, conditional sales contract or otherwise,
7
was created without any knowledge or reason to believe that the property
8
was being used, had been used or was intended to be used for the purpose
9
alleged.
10
(i) In the event of such proof, the court shall order that portion
11
of the property or interest released to the bona fide or innocent
12
co-owner, purchaser, lienholder, mortgagee, secured party or con-
13
ditional sales vendor.
14
(ii) If the amount due to such person is less than the value of the
15
property, the property may be sold at public auction or in another
16
commercially reasonable method by the attorney general or appro-
17
priate prosecuting attorney. If sold at public auction, the at-
18
torney general or appropriate prosecuting attorney shall publish
19
a notice of the sale by at least one (1) publication in a newspaper
20
published and circulated in the city, community or locality where
21
the sale is to take place at least one (1) week prior to sale of the
22
property. The proceeds from such sale shall be distributed as fol-
23
lows in the order indicated:
24
1. To the bona fide or innocent co-owner, purchaser, condi-
25
tional sales vendor, lienholder, mortgagee or secured party
26
of the property, if any, up to the value of his interest in
27
the property;
28
2. The balance, if any, in the following order:
29
(A) To the attorney general or appropriate prosecut-
30
ing attorney for all expenditures made or incurred in
31
connection with the sale, including expenditure for
32
any necessary repairs, storage or transportation of
33
the property, and for all expenditures made or incurred
34
by him in connection with the forfeiture proceedings
35
including, but not limited to, expenditures for wit-
36
nesses' fees, reporters' fees, transcripts, printing,
37
traveling and investigation.
38
(B) To the law enforcement agency of this state that
39
seized the property for all expenditures for travel-
40
ing, investigation, storage and other expenses made or
41
incurred after the seizure and in connection with the
42
forfeiture of any property seized under the provisions
43
of this chapter.
44
(C) The remainder, if any, to the crime victims com-
45
pensation account as established in section 72-1009
46
20-1107, Idaho Code.
47
(4) Notwithstanding any other provision of this section, upon being
48
satisfied that the interest of a co-owner or claimant should not be subject
49
to forfeiture because they neither knew nor should have known that the per-
50
sonal property was being used or had been used for the purposes alleged, or
49
1
that due to preexisting security interests in such property there is no eq-
2
uity that may be forfeited, the attorney general or appropriate prosecuting
3
attorney may release the property to the co-owner, holder of the security
4
interest or other claimant.
5
(5) In any case, the attorney general or appropriate prosecuting attor-
6
ney may, within thirty (30) days after order of forfeiture, pay the balance
7
due to the bona fide lienholder, mortgagee, secured party or conditional
8
sales vendor and thereby purchase the property for use to enforce this chap-
9
ter.
10
SECTION 79. That Section 18-5624, Idaho Code, be, and the same is hereby
11
amended to read as follows:
12
18-5624. REAL PROPERTY -- RIGHTS OF THIRD PARTIES. (1) Real property
13
subject to forfeiture under the provisions of this chapter may be seized by
14
the attorney general or appropriate prosecuting attorney upon determining
15
that a parcel of property is subject to forfeiture, by filing a notice of
16
seizure with the recorder of the county in which the property or any part
17
thereof is situated. The notice must contain a legal description of the
18
property sought to be forfeited; provided however, that in the event the
19
property sought to be forfeited is part of a greater parcel, the attorney
20
general or appropriate prosecuting attorney may, for the purposes of this
21
notice, use the legal description of the greater parcel. The attorney gen-
22
eral or appropriate prosecuting attorney shall also send by certified mail a
23
copy of the notice of seizure to any persons holding a recorded interest or of
24
whose interest the attorney general or appropriate prosecuting attorney has
25
actual knowledge. The attorney general or appropriate prosecuting attorney
26
shall post a similar copy of the notice conspicuously upon the property and
27
publish a copy thereof once a week for three (3) consecutive weeks immedi-
28
ately following the seizure in a newspaper published in the county. The
29
co-owner or party in lawful possession of the property sought to be forfeited
30
may retain possession and use thereof and may collect and keep income from
31
the property while the forfeiture proceedings are pending.
32
(2) In the event of a seizure pursuant to subsection (1) of this sec-
33
tion, a request for forfeiture shall be filed with the trial court within
34
the time limit imposed by section 18-5620, Idaho Code. The request shall be
35
served in the same manner as complaints subject to Idaho rules of civil pro-
36
cedure on all persons having an interest in the real property sought to be
37
forfeited.
38
(3) Notwithstanding any other provision of this section, upon being
39
satisfied that the interest of a co-owner or claimant should not be subject
40
to forfeiture because they neither knew nor should have known that the real
41
property was being used or had been used for the purposes alleged, or that due
42
to preexisting security interests in such property there is no equity that
43
may be forfeited, the attorney general or appropriate prosecuting attorney
44
may release the property to the co-owner, holder of the security interest or
45
other claimant.
46
(4) Within twenty (20) days of the mailing of the notice, the co-owner
47
or party in interest may file a verified answer and claim to the property de-
48
scribed in the notice.
50
1
(5) If a verified answer is filed within twenty (20) days after mailing
2
of the notice, the forfeiture proceeding against all co-owners and parties
3
in interest who have filed verified answers shall be set for hearing before
4
the court without a jury on a day not less than sixty (60) days after the mail-
5
ing of the notice; and the proceeding shall have priority over other civil
6
cases.
7
(a) A co-owner or claimant of any right, title or interest in the real
8
property sought to be forfeited may prove that his right, title or in-
9
terest, whether under a lien, mortgage, deed of trust or otherwise, was
10
created without any knowledge or reason to believe that the real prop-
11
erty was being used or had been used for the purposes alleged;
12
(b) Any co-owner who has a verified answer on file may show by competent
13
evidence that his interest in the property sought to be forfeited is not
14
subject to forfeiture because he could not have known in the exercise of
15
reasonable diligence that the real property was being used or had been
16
used in any manner in violation of the provisions of section 18-5612,
17
Idaho Code.
18
(6) In the event of such proof, the court shall order the release of the
19
interest of the co-owner, purchaser, lienholder, mortgagee or beneficiary.
20
(a) If the amount due to such person is less than the value of the real
21
property, the real property may be sold in a commercially reasonable
22
manner by the attorney general or appropriate prosecuting attorney.
23
The proceeds from such sale shall be distributed as follows in the order
24
indicated:
25
(i) To the innocent co-owner, purchaser, mortgagee or benefi-
26
ciary of the real property, if any, up to the value of his interest
27
in the real property;
28
(ii) The balance, if any, in the following order:
29
1. To the attorney general or appropriate prosecuting at-
30
torney for all expenditures made or incurred in connection
31
with the sale, including expenditure for any necessary re-
32
pairs or maintenance of the real property, and for all expen-
33
ditures made or incurred in connection with the forfeiture
34
proceedings including, but not limited to, expenditures for
35
witnesses' fees, reporters' fees, transcripts, printing,
36
travel, investigation, title company fees and insurance
37
premiums.
38
2. The remainder, if any, to the crime victims compensation
39
account as established in section 72-1009 20-1107, Idaho
40
Code.
41
(b) In any case, the attorney general or appropriate prosecuting attor-
42
ney may, within thirty (30) days after the order of forfeiture, pay the
43
balance due to the innocent co-owner, purchaser, lienholder, mortgagee
44
or beneficiary and thereby purchase the real property for use in the en-
45
forcement of this chapter.
46
SECTION 80. That Section 19-3509, Idaho Code, be, and the same is hereby
47
amended to read as follows:
48
19-3509. DIVERSION PROGRAM REQUIREMENTS. (1) A prosecuting attorney
49
may, at the prosecuting attorney's discretion, establish a diversion pro-
51
1
gram and may refer a defendant eligible to participate in a diversion pro-
2
gram pursuant to section 19-3508, Idaho Code, to such program within thirty
3
(30) calendar days of a citation being issued or charges being filed against
4
the defendant. Before entering an agreement to participate in the diver-
5
sion program, a defendant may obtain advice from a defense attorney on the
6
requirements and consequences of participating in the diversion program and
7
must undergo a drug or alcohol evaluation, or both, if requested by the pros-
8
ecuting attorney. The terms and conditions of the diversion program shall
9
be set forth in a written agreement signed by the prosecuting attorney and
10
the defendant as well as the defendant's attorney, if the defendant is repre-
11
sented by an attorney. If the defendant agrees to participate in the diver-
12
sion program, then the prosecuting attorney shall move for dismissal of the
13
action against the defendant pursuant to section 19-3506, Idaho Code.
14
(a) A diversion program may be administered by the prosecuting attorney
15
or by the prosecuting attorney's designee. The diversion agreement
16
shall specify the person administering the program and shall set out the
17
requirements for successful completion of the program and the duration
18
of the diversion agreement. The duration of the period a person is re-
19
quired to participate in a diversion program under this section shall
20
be no shorter than twelve (12) months. All persons participating in
21
a diversion program shall be required to install and maintain, at the
22
participant's expense, an ignition interlock system in each vehicle
23
such person operates for the duration of the program, as further pro-
24
vided in subsection (5) of this section. A person participating in a
25
diversion program for a charge unrelated to alcohol shall, in addition
26
to installing and maintaining an ignition interlock system, be required
27
to undergo drug testing at the person's expense for at least twelve (12)
28
months. If the person is indigent, the prosecuting attorney may order
29
the use of moneys from the court interlock device and electronic moni-
30
toring device fund created by section 18-8010, Idaho Code, to assist the
31
person in procuring an ignition interlock device. The participant in a
32
diversion program must also complete at least thirty-two (32) hours of
33
sheriff inmate labor detail or approved community service and at least
34
twenty-four (24) hours of drug and alcohol counseling, therapy, or ed-
35
ucation from an approved provider.
36
(b) At the end of the diversion period, the prosecuting attorney shall
37
determine whether the participant complied with the requirements of the
38
diversion agreement. If the prosecuting attorney finds that the par-
39
ticipant failed to comply with the requirements of the diversion agree-
40
ment, then the prosecuting attorney may refile the case pursuant to sec-
41
tion 19-3506, Idaho Code.
42
(2) A prosecuting attorney may require, as a condition of entering a di-
43
version program, that a person execute a sworn affidavit stating the facts
44
that gave rise to the charge of driving under the influence. Such affidavit
45
may be used as evidence of guilt during an adjudicative proceeding in a re-
46
filed case. No other statement made by the person in diversion activities or
47
proceedings, such as in a counseling or therapy session, is admissible as ev-
48
idence of guilt during an adjudicative proceeding in a refiled case.
49
(3) The requirements for successful completion of a diversion program
50
may include, but are not limited to:
52
1
(a) Informal supervision with the probation department;
2
(b) Community service work;
3
(c) Inmate labor detail work;
4
(d) A community-based diversion program;
5
(e) Restitution to a victim;
6
(f) Alcohol monitoring and testing;
7
(g) Individual therapy and counseling;
8
(h) Group therapy and counseling; and
9
(i) Drug monitoring and testing.
10
(4) The administrator of a diversion program may require payment of
11
restitution and fees to cover the costs of the diversion program. Any moneys
12
collected shall be reasonably related to program costs. The administrator
13
shall assess a diversion fee of one hundred fifty-seven dollars and fifty
14
cents ($157.50) to each diversion participant. If the participant is indi-
15
gent, the diversion fee may be waived. The diversion fee shall be paid to the
16
clerk of the district court and distributed as follows:
17
(a) Seventeen dollars and fifty cents ($17.50) to be distributed as
18
provided in section 31-3201A(2), Idaho Code;
19
(b) Ten dollars ($10.00) to be distributed as provided in section
20
31-3201(3), Idaho Code;
21
(c) Ten dollars ($10.00) to be distributed as provided in section
22
31-3201(5), Idaho Code;
23
(d) Fifteen dollars ($15.00) to be distributed as provided in section
24
31-3201B, Idaho Code;
25
(e) Fifty dollars ($50.00) to be distributed as provided in section
26
31-3201H, Idaho Code;
27
(f) Fifteen dollars ($15.00) to be distributed as provided in section
28
31-3204, Idaho Code;
29
(g) Thirty-seven dollars ($37.00) to be distributed as provided in sec-
30
tion 72-1025 20-1122, Idaho Code; and
31
(h) Three dollars ($3.00) to be distributed as provided in section
32
72-1105, Idaho Code.
33
(5) A participant in a diversion program whose driving privileges
34
have been suspended may be granted driving privileges by the administrator
35
of the diversion program, in which case the participant shall be issued a
36
restricted driving permit by the Idaho transportation department. Prior
37
to being granted restricted driving privileges, the participant must show
38
to the administrator proof of financial responsibility as defined and in
39
the amounts specified in section 49-117, Idaho Code. If a person is par-
40
ticipating in a diversion program under this section, then the participant
41
must have an ignition interlock system as defined in section 18-8008, Idaho
42
Code, installed in each vehicle operated by the participant and must pay an
43
ignition interlock fee of fifteen dollars ($15.00) to be deposited in the
44
court interlock device and electronic monitoring device fund created by
45
section 18-8010, Idaho Code. The ignition interlock system shall be removed
46
once the participant successfully completes diversion, provided that such
47
removal shall not occur, and the program shall not be considered success-
48
fully completed, until the administrator of the diversion program receives
49
a declaration from the participant's ignition interlock vendor, on a form
53
1
provided or approved by the administrator, certifying that none of the fol-
2
lowing incidents occurred while the system was installed in the vehicle:
3
(a) An attempt to start the vehicle with an alcohol concentration of
4
0.04 or more;
5
(b) Failure to take any random test;
6
(c) Failure to pass any random retest with an alcohol concentration of
7
0.025 or lower; or
8
(d) Failure of the participant to appear at the ignition interlock sys-
9
tem vendor's place of business when required for maintenance, repair,
10
calibration, monitoring, inspection, or replacement of the system.
11
SECTION 81. That the Heading for Chapter 53, Title 19, Idaho Code, be,
12
and the same is hereby amended to read as follows:
13
CHAPTER 53
14
COMPENSATION OF RESTITUTION TO VICTIMS OF CRIMES
15
SECTION 82. That Section 19-5303, Idaho Code, be, and the same is hereby
16
amended to read as follows:
17
19-5303. COST OF MEDICAL EXAMS TO BE PAID BY LAW ENFORCEMENT
18
AGENCY. When the victim of any crime is directed or authorized by a law
19
enforcement agency to obtain a medical examination for the purpose of
20
procuring evidence for use by a law enforcement agency in the investigation
21
or prosecution of the crime, the expense incurred shall be paid by the law
22
enforcement agency. Provided however, the cost of forensic and/or medical
23
examinations of alleged victims of sexual assault shall be paid for from
24
the crime victims compensation account, as established by section 72-1009
25
20-1107, Idaho Code. The provisions of this section shall not be construed
26
to require a law enforcement agency to bear the expense of any medical treat-
27
ment of the victim.
28
SECTION 83. That Section 19-5307, Idaho Code, be, and the same is hereby
29
amended to read as follows:
30
19-5307. FINES IN CASES OF CRIMES OF VIOLENCE. (1) Irrespective of any
31
penalties set forth under state law, and in addition thereto, the court, at
32
the time of sentencing or such later date as deemed necessary by the court,
33
may impose a fine not to exceed five thousand dollars ($5,000) against any
34
defendant found guilty of any felony listed in subsections (2) and (3) of
35
this section.
36
The fine shall operate as a civil judgment against the defendant and
37
shall be entered on behalf of the victim named in the indictment or infor-
38
mation, or the family of the victim in cases of homicide or crimes against
39
children, and shall not be subject to any distribution otherwise required
40
in section 19-4705, Idaho Code. The clerk of the district court may collect
41
the fine in the same manner as other fines imposed in criminal cases are
42
collected and shall remit any money collected in payment of the fine to the
43
victim named in the indictment or information or to the family of the victim
44
in a case of homicide or crimes against minor children, provided that none
45
of the provisions of this section shall be construed as modifying the provi-
54
1
sions of chapter 6, title 11, Idaho Code, chapter 10, title 55, Idaho Code, or
2
section 72-802, Idaho Code. A fine created under this section shall be a sep-
3
arate written order in addition to any other sentence the court may impose.
4
The fine contemplated in this section shall be ordered solely as a puni-
5
tive measure against the defendant and shall not be based upon any require-
6
ment of showing of need by the victim. The fine shall not be used as a substi-
7
tute for an order of restitution as contemplated in section 19-5304, Idaho
8
Code, nor shall such an order of restitution or order of compensation entered
9
in accordance with section 72-1018 20-1115, Idaho Code, be offset by the en-
10
try of such fine.
11
A defendant may appeal a fine created under this section in the same man-
12
ner as any other aspect of a sentence imposed by the court. The imposition of
13
a fine created under this section shall not preclude the victim from seeking
14
any other legal remedy; provided that in any civil action brought by or on be-
15
half of the victim, the defendant shall be entitled to offset the amount of
16
any fine imposed pursuant to this section against any award of punitive dam-
17
ages.
18
(2) The felonies for which a fine created under this section may be im-
19
posed are those described in:
20
Section 18-805, Idaho Code (Aggravated arson);
21
Section 18-905, Idaho Code (Aggravated assault);
22
Section 18-907, Idaho Code (Aggravated battery);
23
Section 18-909, Idaho Code (Assault with intent to commit a serious
24
felony);
25
Section 18-911, Idaho Code (Battery with intent to commit a serious
26
felony);
27
Section 18-913, Idaho Code (Felonious administration of drugs);
28
Section 18-918, Idaho Code (Felony domestic violence);
29
Section 18-923, Idaho Code (Attempted strangulation);
30
Section 18-1501, Idaho Code (Felony injury to children);
31
Section 18-1506, Idaho Code (Sexual abuse of a child under the age of
32
sixteen);
33
Section 18-1506A, Idaho Code (Ritualized abuse of a child);
34
Section 18-1506B, Idaho Code (Female genital mutilation of a child);
35
Section 18-1507, Idaho Code (Sexual exploitation of a child);
36
Section 18-1508, Idaho Code (Lewd conduct with a child under the age of
37
sixteen);
38
Section 18-1508A, Idaho Code (Sexual battery of a minor child sixteen or
39
seventeen years of age);
40
Section 18-4001, Idaho Code (Murder);
41
Section 18-4006, Idaho Code (Felony manslaughter);
42
Section 18-4014, Idaho Code (Administering poison with intent to kill);
43
Section 18-4015, Idaho Code (Assault with intent to murder);
44
Section 18-4502, Idaho Code (First degree kidnapping);
45
Section 18-5001, Idaho Code (Mayhem);
46
Section 18-5501, Idaho Code (Poisoning food, medicine or wells);
47
Section 18-6101, Idaho Code (Rape);
48
Section 18-6501, Idaho Code (Robbery).
55
1
(3) Notwithstanding the provisions of section 18-306(4) and (5), Idaho
2
Code, the fine created under this section may also be imposed up to five thou-
3
sand dollars ($5,000) for attempts of the felonies described in:
4
Section 18-4001, Idaho Code (Murder);
5
Section 18-6101, Idaho Code (Rape).
6
SECTION 84. That Section 31-3201I, Idaho Code, be, and the same is
7
hereby amended to read as follows:
8
31-3201I. DISTRIBUTION OF PAYMENTS IN CRIMINAL AND INFRACTION CASES.
9
When ordered by the court to make one (1) of the following payments in a crim-
10
inal or infraction case, a defendant shall make the payment to the clerk of
11
the court in which the judgment was entered. The judgment shall be satisfied
12
accordingly by entry in the electronic docket of the court, and the clerk
13
of the court shall remit daily all such payments to the county auditor who
14
shall, at least monthly, distribute the payments received as required by
15
statute. The distributions shall first completely satisfy the amounts due
16
in the following order before distribution of payments for any other amounts
17
owed to the court, and any payment applied to a category below in which more
18
than one (1) payment was ordered shall be distributed in proportion to the
19
relative amounts of such ordered payments:
20
(1) Fees for each felony, misdemeanor, and infraction paid pursuant to
21
section 31-3201A(2) and (3), Idaho Code;
22
(2) Fines or reimbursements paid for the crime victims compensation ac-
23
count pursuant to section 72-1025 20-1122, Idaho Code;
24
(3) Misdemeanor probation supervision fees, including court-ordered
25
costs and fees, paid pursuant to section 31-3201D, Idaho Code;
26
(4) Pretrial release supervision fees paid pursuant to section
27
31-3201J, Idaho Code;
28
(5) County drug and mental health fund fees paid pursuant to section
29
31-3201E, Idaho Code;
30
(6) Fines paid for the peace officer and detention officer temporary
31
disability fund pursuant to section 72-1105, Idaho Code;
32
(7) Restitution to victims of crime paid and distributed pursuant to
33
section 19-5304, Idaho Code, if paid through the clerk of the court;
34
(8) Fines entered on behalf of victims in cases of crimes of violence
35
paid pursuant to section 19-5307, Idaho Code;
36
(9) Community service fees paid pursuant to section 31-3201C, Idaho
37
Code;
38
(10) Victim notification fund fees paid pursuant to section 31-3204,
39
Idaho Code;
40
(11) Court technology fees paid pursuant to section 31-3201(5), Idaho
41
Code;
42
(12) Surcharge fees paid pursuant to section 31-3201H, Idaho Code;
43
(13) Peace officers standards and training fees paid pursuant to sec-
44
tion 31-3201B, Idaho Code;
45
(14) Domestic violence court fees paid pursuant to section 32-1410,
46
Idaho Code;
47
(15) Criminal and infraction fines;
48
(16) Reimbursement for public defender costs paid pursuant to section
49
19-854(7), Idaho Code;
56
1
(17) Costs of prosecution ordered as a condition of probation and paid
2
pursuant to section 19-2601, Idaho Code, and Idaho criminal rule 33(d)(2);
3
(18) Domestic violence fines for the domestic violence project account
4
paid pursuant to section 39-6312, Idaho Code;
5
(19) Drug hotline fees paid pursuant to section 37-2735A, Idaho Code;
6
(20) Additional fish and game fines for the search and rescue fund paid
7
pursuant to section 36-1405, Idaho Code;
8
(21) County administrative surcharge fees paid pursuant to section
9
31-3201(3), Idaho Code;
10
(22) Motor vehicle violation surcharge fees and ignition interlock and
11
electronic monitoring fees paid pursuant to sections 18-8008 and 18-8010,
12
Idaho Code;
13
(23) Costs for toxicology testing paid pursuant to section 37-2732C(g),
14
Idaho Code;
15
(24) Costs incurred by law enforcement agencies in investigating con-
16
trolled substance violations pursuant to chapter 27, title 37, Idaho Code,
17
violations of the racketeering act pursuant to section 18-7804, Idaho Code,
18
or money laundering and illegal investment provisions of section 18-8201,
19
Idaho Code, paid pursuant to section 37-2732(k), Idaho Code;
20
(25) Restitution for the repair or replacement of simulated wildlife
21
paid pursuant to section 36-1101(b)(8), Idaho Code;
22
(26) Abandoned vehicle fees paid pursuant to section 31-3201F, Idaho
23
Code; and
24
(27) Any other amounts paid pursuant to any statutory section not refer-
25
enced in this section.
26
SECTION 85. That Section 67-2912, Idaho Code, be, and the same is hereby
27
amended to read as follows:
28
67-2912. STATE VICTIM NOTIFICATION FUND. (1) There is hereby estab-
29
lished in the state treasury the state victim notification fund. Moneys in
30
the fund shall be perpetually appropriated to, and shall be used by the di-
31
rector of, the Idaho state police. Moneys deposited to the fund shall be ex-
32
pended for the purpose of defraying the costs of administering the statewide
33
automated victim information and notification service (SAVIN VINE) system
34
by the Idaho sheriffs' association for the purpose of satisfying the pro-
35
visions of section 22, article I, of the constitution of the state of Idaho
36
requiring victim notification of offender court and incarceration status.
37
Moneys deposited to the fund shall be paid to the Idaho sheriffs' associa-
38
tion on a quarterly basis for the reimbursement of all costs associated with
39
administering the SAVIN VINE system. The director of the Idaho state police
40
is authorized to allocate up to five percent (5%) of the moneys in the fund
41
for reimbursement of all administrative expenses in relation to its admin-
42
istration of the fund. At the end of each state fiscal year, all moneys re-
43
maining in the fund after all costs for the administration of the SAVIN VINE
44
system have been paid, less one quarter's operating and administrative mon-
45
eys, shall be remitted to the crime victims compensation account established
46
in section 72-1009 20-1107, Idaho Code. The state treasurer shall invest
47
all moneys in the state victim notification fund and interest and proceeds
48
earned shall be retained in the fund. The Idaho sheriffs' association shall
49
provide evidence of an independent audit of the moneys received and expendi-
57
1
tures made under this section to the Idaho state police on a yearly basis and
2
shall be subject to audit by the Idaho state controller at the discretion of
3
the state controller.
4
(2) The state victim notification fund shall be funded as provided in
5
section 31-3204, Idaho Code.
6
SECTION 86. That Section
72-1001,
Idaho Code, be, and the same is hereby
7
repealed.
8
SECTION 87. That Section
72-1002,
Idaho Code, be, and the same is hereby
9
repealed.
10
SECTION 88. That Section
72-1011,
Idaho Code, be, and the same is hereby
11
repealed.
12
SECTION 89. That Section 74-105, Idaho Code, be, and the same is hereby
13
amended to read as follows:
14
74-105. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS,
15
INVESTIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS,
16
WORKER'S COMPENSATION. The following records are exempt from disclosure:
17
(1) Investigatory records of a law enforcement agency as defined in
18
section 74-101(7), Idaho Code, under the conditions set forth in section
19
74-124, Idaho Code.
20
(2) Juvenile records of a person maintained pursuant to chapter 5,
21
title 20, Idaho Code, except that facts contained in such records shall be
22
furnished upon request in a manner determined by the court to persons and
23
governmental and private agencies and institutions conducting pertinent
24
research studies or having a legitimate interest in the protection, welfare
25
and treatment of the juvenile who is thirteen (13) years of age or younger.
26
If the juvenile is petitioned or charged with an offense that would be a
27
criminal offense if committed by an adult, the name, offense of which the
28
juvenile was petitioned or charged, and disposition of the court shall be
29
subject to disclosure as provided in section 20-525, Idaho Code. Addi-
30
tionally, facts contained in any records of a juvenile maintained pursuant
31
to chapter 5, title 20, Idaho Code, shall be furnished upon request to any
32
school district where the juvenile is enrolled or is seeking enrollment.
33
(3) Records of the custody review board of the Idaho department of ju-
34
venile corrections, including records containing the names, addresses and
35
written statements of victims and family members of juveniles, shall be ex-
36
empt from public disclosure pursuant to section 20-533A, Idaho Code.
37
(4)(a) The following records of the department of correction:
38
(i) Records of which the public interest in confidentiality, pub-
39
lic safety, security and habilitation clearly outweighs the pub-
40
lic interest in disclosure as identified pursuant to the authority
41
of the state board of correction under section 20-212, Idaho Code;
42
(ii) Records that contain any identifying information, or any in-
43
formation that would lead to the identification of any victims or
44
witnesses;
45
(iii) Records that reflect future transportation or movement of a
46
prisoner;
58
1
(iv) Records gathered during the course of the presentence inves-
2
tigation;
3
(v) Records of a prisoner as defined in section 74-101(10), Idaho
4
Code, or probationer shall not be disclosed to any other prisoner
5
or probationer.
6
(b) Records, other than public expenditure records, related to pro-
7
posed or existing critical infrastructure held by or in the custody
8
of any public agency only when the disclosure of such information is
9
reasonably likely to jeopardize the safety of persons, property or the
10
public safety. Such records may include emergency evacuation, escape
11
or other emergency response plans, vulnerability assessments, oper-
12
ation and security manuals, plans, blueprints or security codes. For
13
purposes of this paragraph, "system" includes electrical, computer
14
and telecommunication systems, electric power (including production,
15
generating, transportation, transmission and distribution), heating,
16
ventilation, and air conditioning. For purposes of this subsection,
17
"critical infrastructure" means any system or asset, whether physical
18
or virtual, so vital to the state of Idaho, including its political sub-
19
divisions, that the incapacity or destruction of such system or asset
20
would have a debilitating impact on state or national economic secu-
21
rity, state or national public health or safety, or any combination of
22
those matters.
23
(c) Records of the Idaho commission of pardons and parole shall be ex-
24
empt from public disclosure pursuant to section 20-1003, Idaho Code,
25
and section 20-1005, Idaho Code. Records exempt from disclosure shall
26
also include those containing the names, addresses and written state-
27
ments of victims.
28
(5) Voting records of the former sexual offender classification board.
29
The written record of the vote to classify an offender as a violent sexual
30
predator by each board member in each case reviewed by that board member
31
shall be exempt from disclosure to the public and shall be made available
32
upon request only to the governor, the chairman of the senate judiciary and
33
rules committee, and the chairman of the house of representatives judiciary,
34
rules and administration committee for all lawful purposes.
35
(6) Records of the sheriff or Idaho state police received or maintained
36
pursuant to sections 18-3302, 18-3302H and 18-3302K, Idaho Code, relating
37
to an applicant or licensee, except that any law enforcement officer and law
38
enforcement agency, whether inside or outside the state of Idaho, may access
39
information maintained in the license record system as set forth in section
40
18-3302K(16), Idaho Code.
41
(7) Records of investigations prepared by the department of health and
42
welfare pursuant to its statutory responsibilities dealing with the protec-
43
tion of children, the rehabilitation of youth, adoptions and the commitment
44
of mentally ill persons. For reasons of health and safety, best interests of
45
the child or public interest, the department of health and welfare may pro-
46
vide for the disclosure of records of investigations associated with actions
47
pursuant to the provisions of chapter 16, title 16, Idaho Code, prepared by
48
the department of health and welfare pursuant to its statutory responsibil-
49
ities dealing with the protection of children, except any such records re-
50
garding adoptions shall remain exempt from disclosure.
59
1
(8) Records, including but not limited to investigative reports, re-
2
sulting from investigations conducted into complaints of discrimination
3
made to the Idaho human rights commission unless the public interest in
4
allowing inspection and copying of such records outweighs the legitimate
5
public or private interest in maintaining confidentiality of such records.
6
A person may inspect and copy documents from an investigative file to which
7
he or she is a named party if such documents are not otherwise prohibited from
8
disclosure by federal law or regulation or state law. The confidentiality of
9
this subsection will no longer apply to any record used in any judicial pro-
10
ceeding brought by a named party to the complaint or investigation, or by the
11
Idaho human rights commission, relating to the complaint of discrimination.
12
(9) Records containing information obtained by the manager of the Idaho
13
state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
14
behalf of employers or employees contained in underwriting and claims for
15
benefits files.
16
(10) The worker's compensation records of the Idaho industrial commis-
17
sion, provided that the industrial commission shall make such records avail-
18
able:
19
(a) To the parties in any worker's compensation claim and to the indus-
20
trial special indemnity fund of the state of Idaho; or
21
(b) To employers and prospective employers subject to the provisions of
22
the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
23
tory limitations, who certify that the information is being requested
24
with respect to a worker to whom the employer has extended an offer of
25
employment and will be used in accordance with the provisions of the
26
Americans with disabilities act, 42 U.S.C. 12112, or other statutory
27
limitations; or
28
(c) To employers and prospective employers not subject to the provi-
29
sions of the Americans with disabilities act, 42 U.S.C. 12112, or other
30
statutory limitations, provided the employer presents a written autho-
31
rization from the person to whom the records pertain; or
32
(d) To others who demonstrate that the public interest in allowing in-
33
spection and copying of such records outweighs the public or private in-
34
terest in maintaining the confidentiality of such records, as deter-
35
mined by a civil court of competent jurisdiction; or
36
(e) Although a claimant's records maintained by the industrial commis-
37
sion, including medical and rehabilitation records, are otherwise ex-
38
empt from public disclosure, the quoting or discussing of medical or re-
39
habilitation records contained in the industrial commission's records
40
during a hearing for compensation or in a written decision issued by the
41
industrial commission shall be permitted; provided further, the true
42
identification of the parties shall not be exempt from public disclo-
43
sure in any written decision issued and released to the public by the in-
44
dustrial commission.
45
(11) Records of investigations compiled by the commission on aging in-
46
volving vulnerable adults as defined in section 18-1505, Idaho Code, alleged
47
to be abused, neglected or exploited.
48
(12) Criminal history records and fingerprints as defined in section
49
67-3001, Idaho Code, and compiled by the Idaho state police. Such records
50
shall be released only in accordance with chapter 30, title 67, Idaho Code.
60
1
(13) Records furnished or obtained pursuant to section 41-1019, Idaho
2
Code, regarding termination of an appointment, employment, contract or
3
other insurance business relationship between an insurer and a producer.
4
(14) Records of a prisoner or former prisoner in the custody of any state
5
or local correctional facility, when the request is made by another prisoner
6
in the custody of any state or local correctional facility.
7
(15) Except as provided in section 72-1007 20-1105, Idaho Code, records
8
of the Idaho industrial commission division of public safety relating to
9
compensation for crime victims pursuant to chapter 10 11, title 72 20, Idaho
10
Code.
11
(16) Records or information identifying a complainant maintained by the
12
department of health and welfare pursuant to section 39-3556, Idaho Code,
13
relating to certified family homes, unless the complainant consents in writ-
14
ing to the disclosure or the disclosure of the complainant's identity is re-
15
quired in any administrative or judicial proceeding.
16
(17) Records of any certification or notification required by federal
17
law to be made in connection with the acquisition or transfer of a firearm,
18
including a firearm as defined in 26 U.S.C. 5845(a).
19
(18) The following records of the state public defense commission:
20
(a) Records containing information protected or exempted from disclo-
21
sure under the rules adopted by the Idaho supreme court, attorney work
22
product, attorney-client privileged communication, records containing
23
confidential information from an individual about his criminal case or
24
performance of his attorney, or confidential information about an in-
25
quiry into an attorney's fitness to represent indigent defendants.
26
(b) Records related to the administration of the extraordinary liti-
27
gation fund by the state public defense commission pursuant to section
28
19-850(2)(e), Idaho Code, to the extent that such records contain in-
29
formation protected or exempted from disclosure under rules adopted
30
by the Idaho supreme court, attorney work product or attorney-client
31
privileged communication. This exemption does not include the amount
32
awarded based upon an application for extraordinary litigation funds.
33
(19) Records and information received by the office of the state con-
34
troller from any local government, state agency and department, or volunteer
35
nongovernmental entity for purposes of entry into the criminal justice
36
integrated data system pursuant to section 19-4803, Idaho Code, and all
37
records created by persons authorized to research and analyze information
38
entered into the criminal justice integrated data system, regardless of
39
whether such records were previously exempted from disclosure or redacted
40
pursuant to state or federal law or court order. This exemption does not
41
apply to projects, reports, and data analyses approved for release by the
42
data oversight council and issued by persons authorized to conduct research
43
and analysis as set forth in chapter 48, title 19, Idaho Code. Records and
44
information relating to the management of the criminal justice integrated
45
data system shall not be exempt from disclosure except as otherwise provided
46
in law.
47
(20) Records that contain any identifying information or any informa-
48
tion that could lead to the identification of any persons or entities that
49
participate in or assist with an execution of a death sentence as described
50
in section 19-2716A, Idaho Code.
61
1
(20) (21) Records, other than public expenditure records, relating to
2
the nature, location, or function of cybersecurity devices, programs, or
3
systems designed to protect computer, information technology, or communica-
4
tions systems against terrorist or other attacks.
5
SECTION 90. That Section 19-5304, Idaho Code, be, and the same is hereby
6
amended to read as follows:
7
19-5304. RESTITUTION FOR CRIME VICTIMS -- ORDERS TO BE SEPARATE --
8
WHEN RESTITUTION IS NOT APPROPRIATE -- OTHER REMEDIES -- EVIDENTIARY HEAR-
9
INGS -- DEFINITIONS. (1) As used in this chapter:
10
(a) "Economic loss" includes, but is not limited to, the value of prop-
11
erty taken, destroyed, broken, or otherwise harmed, lost wages, and di-
12
rect out-of-pocket losses or expenses, such as medical expenses result-
13
ing from the criminal conduct, but does not include less tangible damage
14
such as pain and suffering, wrongful death or emotional distress.
15
(b) "Found guilty of any crime" shall mean a finding by a court that a
16
defendant has committed a criminal act and shall include an entry of a
17
plea of guilty, an order withholding judgment, suspending sentence, or
18
entry of judgment of conviction for a misdemeanor or felony.
19
(c) "Value" shall be as defined in section 18-2402(11), Idaho Code.
20
(d) "Property" shall be as defined in section 18-2402(8), Idaho Code.
21
(e) "Victim" shall mean:
22
(i) The directly injured victim which means a person or entity,
23
who suffers economic loss or injury as the result of the defen-
24
dant's criminal conduct and shall also include the immediate fam-
25
ily of a minor and the immediate family of the actual victim in
26
homicide cases;
27
(ii) Any health care provider who has provided medical treatment
28
to a directly injured victim if such treatment is for an injury
29
resulting from the defendant's criminal conduct, and who has not
30
been otherwise compensated for such treatment by the directly in-
31
jured victim or the immediate family of the directly injured vic-
32
tim;
33
(iii) The account established pursuant to the crime victims com-
34
pensation act, chapter 10 11, title 72 20, Idaho Code, from which
35
payment was made to or on behalf of a directly injured victim pur-
36
suant to the requirements of Idaho law as a result of the defen-
37
dant's criminal conduct;
38
(iv) A person or entity who suffers economic loss because such
39
person or entity has made payments to or on behalf of a directly in-
40
jured victim pursuant to a contract including, but not limited to,
41
an insurance contract, or payments to or on behalf of a directly
42
injured victim to pay or settle a claim or claims against such per-
43
son or entity in tort or pursuant to statute and arising from the
44
crime.
45
(2) Unless the court determines that an order of restitution would be
46
inappropriate or undesirable, it shall order a defendant found guilty of any
47
crime which results in an economic loss to the victim to make restitution to
48
the victim. An order of restitution shall be a separate written order in ad-
49
dition to any other sentence the court may impose, including incarceration,
62
1
and may be complete, partial, or nominal. The court may also include resti-
2
tution as a term and condition of judgment of conviction; however, if a court
3
orders restitution in the judgment of conviction and in a separate written
4
order, a defendant shall not be required to make restitution in an amount be-
5
yond that authorized by this chapter. Restitution shall be ordered for any
6
economic loss which the victim actually suffers. The existence of a policy
7
of insurance covering the victim's loss shall not absolve the defendant of
8
the obligation to pay restitution.
9
(3) If the court determines that restitution is inappropriate or unde-
10
sirable or if only partial or nominal restitution is ordered, it shall enter
11
an order articulating the reasons therefor on the record.
12
(4) If a separate written order of restitution is issued, an order of
13
restitution shall be for an amount certain and shall be due and owing at the
14
time of sentencing or at the date the amount of restitution is determined,
15
whichever is later. An order of restitution may provide for interest from
16
the date of the economic loss or injury.
17
(5) The court may order the defendant to pay restitution to the victim
18
in any case, regardless of whether the defendant is incarcerated or placed
19
on probation. The court may order the defendant to pay all or a part of the
20
restitution ordered to the court to be distributed by the court to the vic-
21
tims in a manner the court deems just.
22
(6) Restitution orders shall be entered by the court at the time of sen-
23
tencing or such later date as deemed necessary by the court. Economic loss
24
shall be based upon the preponderance of evidence submitted to the court by
25
the prosecutor, defendant, victim or presentence investigator. Each party
26
shall have the right to present such evidence as may be relevant to the issue
27
of restitution, and the court may consider such hearsay as may be contained
28
in the presentence report, victim impact statement or otherwise provided to
29
the court.
30
(7) The court, in determining whether to order restitution and the
31
amount of such restitution, shall consider the amount of economic loss sus-
32
tained by the victim as a result of the offense, the financial resources,
33
needs and earning ability of the defendant, and such other factors as the
34
court deems appropriate. The immediate inability to pay restitution by a
35
defendant shall not be, in and of itself, a reason to not order restitution.
36
(8) In determining restitution, where it appears that more than one (1)
37
person is responsible for a crime that results in economic loss to a victim,
38
and one (1) or more of the suspects or defendants are not found, apprehended,
39
charged, convicted or ordered to pay restitution, the court may require the
40
remaining defendant or defendants, who are convicted of or plead guilty to
41
the crime, to be jointly and severally responsible for the entire economic
42
loss to the victim.
43
(9) The court may, with the consent of the parties, order restitution to
44
victims, and/or any other person or entity, for economic loss or injury for
45
crimes which are not adjudicated or are not before the court.
46
(10) A defendant, against whom a restitution order has been entered,
47
may, within forty-two (42) days of the entry of the order of restitution,
48
request relief from the restitution order in accordance with the Idaho rules
49
of civil procedure relating to relief from final orders.
63
1
(11) An order of restitution shall not preclude the victim from seeking
2
any other legal remedy.
3
(12) Every presentence report shall include a full statement of eco-
4
nomic loss suffered by the victim or victims of the defendant's crime or
5
crimes.
6
(13) If there is more than one (1) victim, the restitution order shall
7
provide that the directly injured victim(s) be fully compensated for so
8
much of the loss caused by the defendant's criminal conduct which has not
9
been paid by a third party, including persons referred to in subsection
10
(1)(e)(ii), (iii) and (iv) of this section.
11
(14) When a person is found guilty of violating section 18-8007, Idaho
12
Code, the court, in addition to any other sentence imposed, may order the
13
person to pay to any victim an amount of money equal to the amount of that vic-
14
tim's economic loss caused by the person as a result of the incident that cre-
15
ated the duties as provided in section 18-8007, Idaho Code.
16
SECTION 91. That Section 28-9-406, Idaho Code, be, and the same is
17
hereby amended to read as follows:
18
28-9-406. DISCHARGE OF ACCOUNT DEBTOR -- NOTIFICATION OF ASSIGNMENT
19
-- IDENTIFICATION AND PROOF OF ASSIGNMENT -- RESTRICTIONS ON ASSIGNMENT OF
20
ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES AND PROMISSORY NOTES INEFFEC-
21
TIVE. (a) Subject to subsections (b) through (i) of this section, an account
22
debtor on an account, chattel paper or a payment intangible may discharge its
23
obligation by paying the assignor until, but not after, the account debtor
24
receives a notification, authenticated by the assignor or the assignee, that
25
the amount due or to become due has been assigned and that payment is to be
26
made to the assignee. After receipt of the notification, the account debtor
27
may discharge its obligation by paying the assignee and may not discharge the
28
obligation by paying the assignor.
29
(b) Subject to subsection (h) of this section, notification is ineffec-
30
tive under subsection (a) of this section:
31
(1) If it does not reasonably identify the rights assigned;
32
(2) To the extent that an agreement between an account debtor and a
33
seller of a payment intangible limits the account debtor's duty to pay a
34
person other than the seller and the limitation is effective under law
35
other than this chapter; or
36
(3) At the option of an account debtor, if the notification notifies the
37
account debtor to make less than the full amount of any installment or
38
other periodic payment to the assignee, even if:
39
(A) only a portion of the account, chattel paper or payment intan-
40
gible has been assigned to that assignee;
41
(B) a portion has been assigned to another assignee; or
42
(C) the account debtor knows that the assignment to that assignee
43
is limited.
44
(c) Subject to subsection (h) of this section, if requested by the ac-
45
count debtor, an assignee shall seasonably furnish reasonable proof that the
46
assignment has been made. Unless the assignee complies, the account debtor
47
may discharge its obligation by paying the assignor, even if the account
48
debtor has received a notification under subsection (a) of this section.
64
1
(d) Except as otherwise provided in subsection (e) of this section and
2
sections 28-9-407 and 28-12-303, Idaho Code, and subject to subsection (h)
3
of this section, a term in an agreement between an account debtor and an as-
4
signor or in a promissory note is ineffective to the extent that it:
5
(1) Prohibits, restricts or requires the consent of the account debtor
6
or person obligated on the promissory note to the assignment or trans-
7
fer of, or the creation, attachment, perfection or enforcement of a se-
8
curity interest in, the account, chattel paper, payment intangible or
9
promissory note; or
10
(2) Provides that the assignment or transfer or the creation, attach-
11
ment, perfection, or enforcement of the security interest may give rise
12
to a default, breach, right of recoupment, claim, defense, termination,
13
right of termination, or remedy under the account, chattel paper, pay-
14
ment intangible or promissory note.
15
(e) Subsection (d) of this section does not apply to the sale of a pay-
16
ment intangible or promissory note, other than a sale pursuant to a disposi-
17
tion under section 28-9-610, Idaho Code, or an acceptance of collateral un-
18
der section 28-9-620, Idaho Code.
19
(f) Except as otherwise provided in sections 28-9-407 and 28-12-303,
20
Idaho Code, and subject to subsections (h) and (i) of this section, a rule of
21
law, statute, rule or regulation that prohibits, restricts, or requires the
22
consent of a government, governmental body or official, or account debtor
23
to the assignment or transfer of, or creation of a security interest in, an
24
account or chattel paper is ineffective to the extent that the rule of law,
25
statute, rule or regulation:
26
(1) Prohibits, restricts or requires the consent of the government,
27
governmental body or official, or account debtor to the assignment or
28
transfer of, or the creation, attachment, perfection, or enforcement of
29
a security interest in the account or chattel paper; or
30
(2) Provides that the assignment or transfer or the creation, attach-
31
ment, perfection or enforcement of the security interest may give rise
32
to a default, breach, right of recoupment, claim, defense, termination,
33
right of termination or remedy under the account or chattel paper.
34
(g) Subject to subsection (h) of this section, an account debtor may not
35
waive or vary its option under subsection (b)(3) of this section.
36
(h) This section is subject to law other than this chapter which estab-
37
lishes a different rule for an account debtor who is an individual and who in-
38
curred the obligation primarily for personal, family or household purposes.
39
(i) This section does not apply to an assignment of a health care insur-
40
ance receivable, an award of compensation made pursuant to the crime victims
41
compensation act, chapter 10 11, title 72 20, Idaho Code, or a lottery prize
42
subject to the provisions of chapter 74, title 67, Idaho Code.
43
SECTION 92. That Section 31-3201A, Idaho Code, be, and the same is
44
hereby amended to read as follows:
45
31-3201A. COURT FEES. The clerk of the district court in addition to
46
the fees and charges imposed by chapter 20, title 1, Idaho Code, and by sec-
47
tion 31-3201, Idaho Code, and in addition to the fee levied by chapter 2, ti-
48
tle 73, Idaho Code, shall charge, demand and receive the following fees for
49
services rendered by him in discharging the duties imposed upon him by law:
65
1
(1) Civil cases. A fee of one hundred seventy-five dollars ($175) for
2
filing a civil case of any type in the district court, except for those cases
3
to be assigned to the magistrate division of the district court for which the
4
fee shall be one hundred twenty dollars ($120), with the following excep-
5
tions:
6
(a) The fee for small claims shall be as provided in section 1-2303,
7
Idaho Code;
8
(b) No filing fee shall be charged in the following types of cases:
9
(i) Cases brought under chapter 3, title 66, Idaho Code, for com-
10
mitment of mentally ill persons;
11
(ii) Cases brought under the juvenile corrections act;
12
(iii) Cases brought under the child protective act;
13
(iv) Demands for bond before a personal representative is ap-
14
pointed in probate;
15
(v) Petitions for sterilization;
16
(vi) Petitions for judicial consent to abortion;
17
(vii) Registration of trusts and renunciations;
18
(viii) Petitions for leave to compromise the disputed claim of a
19
minor;
20
(ix) Petitions for a civil protection order or to enforce a for-
21
eign civil protection order pursuant to chapter 63, title 39,
22
Idaho Code;
23
(x) Objections to the appointment of a guardian filed by a minor
24
or an incapacitated person;
25
(xi) Proceedings to suspend a license for nonpayment of child
26
support pursuant to section 7-1405, Idaho Code;
27
(xii) Proceedings under the uniform post-conviction procedure
28
act as provided in chapter 49, title 19, Idaho Code;
29
(xiii) Filings of a custody decree from another state; and
30
(xiv) Filings of any answer after an initial appearance fee has
31
been paid.
32
The filing fee shall be distributed as follows: twenty-three dollars
33
($23.00) of such filing fee shall be paid to the county treasurer for deposit
34
in the district court fund of the county, with six dollars ($6.00) of such
35
twenty-three dollars ($23.00) dedicated to provide for the suitable and ad-
36
equate quarters of the magistrate division of the district court, including
37
the facilities and equipment necessary to make the space provided functional
38
for its intended use, and shall provide for the staff personnel, supplies
39
and other expenses of the magistrate division; one dollar ($1.00) of such
40
filing fee shall be paid to the peace officers standards and training fund
41
established in section 19-5116, Idaho Code; one hundred thirty-five dollars
42
($135) of such filing fee, or in a case assigned to the magistrate division of
43
the district court eighty dollars ($80.00) of such filing fee, shall be paid
44
to the county treasurer who shall, within fifteen (15) days after the end of
45
the month, pay such fees to the state treasurer for deposit into the court
46
technology fund; ten dollars ($10.00) of such filing fee shall be paid to the
47
county treasurer, who shall pay such fees to the state treasurer for deposit
48
in accordance with subsection (15) of this section; and six dollars ($6.00)
49
of such filing fee shall be paid to the county treasurer, who shall, within
66
1
fifteen (15) days after the end of the month, pay such fees to the state trea-
2
surer for deposit in the senior magistrate judges fund.
3
(2) Felonies and misdemeanors. A fee of seventeen dollars and fifty
4
cents ($17.50) shall be paid, but not in advance, by each person found guilty
5
of any felony or misdemeanor, except when the court orders such fee waived
6
because the person is indigent and unable to pay such fee. Eleven dollars
7
($11.00) of such fee shall be paid to the county treasurer for deposit in the
8
district court fund of the county, with six dollars ($6.00) of such eleven
9
dollars ($11.00) dedicated to provide for the suitable and adequate quar-
10
ters of the magistrate division of the district court, including the facil-
11
ities and equipment necessary to make the space provided functional for its
12
intended use, and shall provide for the staff personnel, supplies and other
13
expenses of the magistrate division; one dollar ($1.00) of such filing fee
14
shall be paid to the peace officers standards and training fund established
15
in section 19-5116, Idaho Code; and five dollars and fifty cents ($5.50) of
16
such fee shall be paid to the county treasurer, who shall pay such fees to the
17
state treasurer for deposit in accordance with subsection (15) of this sec-
18
tion.
19
(3) Infractions. A fee of sixteen dollars and fifty cents ($16.50)
20
shall be paid, but not in advance, by each person found to have committed an
21
infraction or any minor traffic, conservation or ordinance violation, and a
22
fee of seventeen dollars and fifty cents ($17.50) shall be paid, but not in
23
advance, by each person found to have committed an infraction under section
24
18-8001 or 49-301, Idaho Code, or a first-time infraction under section
25
23-604 or 23-949, Idaho Code, and distributed pursuant to subsection (2) of
26
this section; provided that the judge or magistrate may in his or her discre-
27
tion consolidate separate nonmoving traffic offenses into one (1) offense
28
for purposes of assessing such fee. Eleven dollars ($11.00) of such fee
29
shall be paid to the county treasurer for deposit in the district court fund
30
of the county, with six dollars ($6.00) of such eleven dollars ($11.00) ded-
31
icated to provide for the suitable and adequate quarters of the magistrate
32
division of the district court, including the facilities and equipment nec-
33
essary to make the space provided functional for its intended use, and shall
34
provide for the staff personnel, supplies and other expenses of the magis-
35
trate division; one dollar ($1.00) of such filing fee shall be paid to the
36
peace officers standards and training fund established in section 19-5116,
37
Idaho Code; and four dollars and fifty cents ($4.50) of such fee shall be paid
38
to the county treasurer, who shall pay such fees to the state treasurer for
39
deposit in accordance with subsection (15) of this section.
40
(4) Initial appearance other than plaintiff. A fee of one hundred dol-
41
lars ($100) shall be paid for any filing constituting the initial appearance
42
by a party, except the plaintiff, in any civil action in the district court
43
or in the magistrate division of the district court, except small claims. If
44
two (2) or more parties are making their initial appearance in the same fil-
45
ing, then only one (1) filing fee shall be collected. Of such fee, four dol-
46
lars ($4.00) shall be paid to the county treasurer for deposit in the dis-
47
trict court fund of the county; eighty dollars ($80.00) of such fee shall be
48
paid to the county treasurer, who shall, within fifteen (15) days after the
49
end of the month, pay such fees to the state treasurer for deposit into the
50
court technology fund; ten dollars ($10.00) of such fee shall be paid to the
67
1
county treasurer, who shall pay such fees to the state treasurer for deposit
2
in accordance with subsection (15) of this section; and six dollars ($6.00)
3
of such fee shall be paid to the county treasurer, who shall, within fifteen
4
(15) days after the end of the month, pay such fees to the state treasurer for
5
deposit in the senior magistrate judges fund.
6
(5) Accountings. A fee of nine dollars ($9.00) shall be paid by the per-
7
son or persons required to make an account pursuant to title 15, Idaho Code,
8
at the time such account is filed. All of such fee shall be paid to the county
9
treasurer for deposit in the district court fund of the county.
10
(6) Distribution of estate. A fee of twenty-five dollars ($25.00)
11
shall be paid upon the filing of a petition of the executor or administrator
12
or of any person interested in an estate for the distribution of such estate,
13
six dollars ($6.00) of such fee shall be paid to the county treasurer for
14
deposit in the district court fund of the county; thirteen dollars ($13.00)
15
of such fee shall be paid to the county treasurer, who shall pay such fees to
16
the state treasurer for deposit in accordance with subsection (15) of this
17
section; and six dollars ($6.00) of such fee shall be paid to the county trea-
18
surer, who shall, within fifteen (15) days after the end of the month, pay
19
such fees to the state treasurer for deposit in the senior magistrate judges
20
fund.
21
(7) Third-party claim. A fee of fourteen dollars ($14.00) shall be paid
22
by a party filing a third-party claim as defined in the Idaho rules of civil
23
procedure. Eight dollars ($8.00) of such fee shall be paid to the county
24
treasurer for deposit in the district court fund of the county; and six dol-
25
lars ($6.00) of such fee shall be paid to the county treasurer, who shall,
26
within fifteen (15) days after the end of the month, pay such fees to the
27
state treasurer for deposit in the senior magistrate judges fund.
28
(8) Cross-claims. A fee of fourteen dollars ($14.00) shall be paid by
29
any party filing a cross-claim. Eight dollars ($8.00) of such fee shall be
30
paid to the county treasurer for deposit in the district court fund of the
31
county; and six dollars ($6.00) of such fee shall be paid to the county trea-
32
surer, who shall, within fifteen (15) days after the end of the month, pay
33
such fees to the state treasurer for deposit in the senior magistrate judges
34
fund.
35
(9) Change of venue. A fee of twenty-nine dollars ($29.00) shall be
36
paid by a party initiating a change of venue. Such fee shall be paid to the
37
clerk of the court of the county to which venue is changed. Nine dollars
38
($9.00) of such fee shall be paid to the county treasurer for deposit in the
39
district court fund of the county and twenty dollars ($20.00) of such fee
40
shall be paid to the county treasurer, who shall, within fifteen (15) days
41
after the end of the month, pay such fees to the state treasurer for deposit
42
into the court technology fund.
43
(10) Reopening a case.
44
(a) A fee of eighty-five dollars ($85.00) shall be paid by any party
45
appearing after judgment or applying to reopen a case. Nine dollars
46
($9.00) of such fee shall be paid to the county treasurer for deposit in
47
the district court fund of the county; six dollars ($6.00) of such fee
48
shall be paid to the county treasurer, who shall, within fifteen (15)
49
days after the end of the month, pay such fees to the state treasurer
50
for deposit in the senior magistrate judges fund; and seventy dollars
68
1
($70.00) of such fee shall be paid to the county treasurer, who shall,
2
within fifteen (15) days after the end of the month, pay such fees to the
3
state treasurer for deposit into the court technology fund.
4
(b) A fee of one hundred eight dollars ($108) shall be paid by a party
5
applying to reopen a divorce action or modify a divorce decree, with
6
seventeen dollars ($17.00) of the fee to be paid to the county treasurer
7
for deposit in the district court fund of the county; fifteen dollars
8
($15.00) of such fee to be paid to the county treasurer, who shall pay
9
such fees to the state treasurer for deposit in accordance with subsec-
10
tion (15) of this section; six dollars ($6.00) of such fee to be paid to
11
the county treasurer, who shall, within fifteen (15) days after the end
12
of the month, pay such fees to the state treasurer for deposit in the
13
senior magistrate judges fund; and seventy dollars ($70.00) of such fee
14
shall be paid to the county treasurer, who shall, within fifteen (15)
15
days after the end of the month, pay such fees to the state treasurer for
16
deposit into the court technology fund.
17
(c) When the application to reopen a case consists only of a motion or
18
other pleading to revive or renew a judgment, a fee of twenty-nine dol-
19
lars ($29.00) shall be paid by the party filing the motion or pleading.
20
Nine dollars ($9.00) of such fee shall be paid to the county treasurer
21
for deposit in the district court fund of the county and twenty dollars
22
($20.00) of such fee shall be paid to the county treasurer, who shall,
23
within fifteen (15) days after the end of the month, pay such fees to the
24
state treasurer for deposit into the court technology fund.
25
(11) Appeal to district court. A fee of thirty-five dollars ($35.00)
26
shall be paid by a party taking an appeal from the magistrate division of the
27
district court to the district court; nine dollars ($9.00) of such fee shall
28
be paid to the county treasurer for deposit in the district court fund of the
29
county; six dollars ($6.00) of such fee shall be paid to the county trea-
30
surer, who shall, within fifteen (15) days after the end of the month, pay
31
such fees to the state treasurer for deposit in the senior magistrate judges
32
fund; and twenty dollars ($20.00) of such fee shall be paid to the county
33
treasurer, who shall, within fifteen (15) days after the end of the month,
34
pay such fees to the state treasurer for deposit into the court technology
35
fund. No additional fee shall be required if a new trial is granted.
36
(12) Appeal to supreme court. A fee of thirty-five dollars ($35.00)
37
shall be paid by the party taking an appeal from the district court to the
38
supreme court for comparing and certifying the transcript on appeal, if such
39
certificate is required. Nine dollars ($9.00) of such fee shall be paid to
40
the county treasurer for deposit in the district court fund of the county;
41
six dollars ($6.00) of such fee shall be paid to the county treasurer, who
42
shall, within fifteen (15) days after the end of the month, pay such fees to
43
the state treasurer for deposit in the senior magistrate judges fund; and
44
twenty dollars ($20.00) of such fee shall be paid to the county treasurer,
45
who shall, within fifteen (15) days after the end of the month, pay such fees
46
to the state treasurer for deposit into the court technology fund.
47
(13) Fees not covered by this section, including fees to defray the
48
costs of electronic access to court records other than the register of ac-
49
tions, shall be set by rule or administrative order of the supreme court.
69
1
(14) All fees required to be paid by this section or by rule or admin-
2
istrative order of the supreme court shall be collected by the clerk of the
3
district court or by a person appointed by the clerk of the district court
4
for this purpose. If it appears that there is a necessity for such fees to
5
be collected by persons other than the clerk of the district court or a per-
6
son designated by the clerk for such purpose, the supreme court by rule or
7
administrative order may provide for the designation of persons authorized
8
to receive such fees. Persons so designated shall account for such fees in
9
the same manner required of the clerk of the district court and shall pay such
10
fees to the clerk of the district court of the county in which such fees are
11
collected.
12
(15) That portion of the filing fees required to be remitted to the state
13
treasurer for deposit pursuant to subsections (1), (2), (3), (4), (6) and
14
(10) of this section shall be apportioned eighty-six percent (86%) to the
15
state general fund and fourteen percent (14%) to the peace officers stan-
16
dards and training fund authorized in section 19-5116, Idaho Code, within
17
fifteen (15) days after the end of the month in which such fees were remitted
18
to the county treasurer. That portion of the filing fees required to be re-
19
mitted to a city treasurer for deposit in the city's general fund shall be re-
20
mitted within fifteen (15) days after the end of the month in which such fees
21
were remitted to the county treasurer.
22
(16) Of the fees derived from the filing of any divorce action required
23
to be transmitted to the state treasurer, the county treasurer shall retain
24
five dollars ($5.00), which shall be separately identified and deposited in
25
the district court fund of the county. Such moneys shall be used exclusively
26
for the purpose of establishing a uniform system of qualifying and approving
27
persons, agencies or organizations to conduct evaluations of persons con-
28
victed of domestic assault or battery as provided in section 18-918, Idaho
29
Code, and the administration of section 18-918(7), Idaho Code, relating to
30
the evaluation and counseling or other treatment of such persons, including
31
the payment of the costs of evaluating and counseling or other treatment of
32
an indigent defendant. No provision of chapter 52 9, title 39 20, Idaho Code,
33
shall apply to the moneys provided for in this subsection.
34
(17) In consideration of the fees in this section, the clerk of the dis-
35
trict court shall be required to perform all lawful service that may be re-
36
quired of him by any party thereto; provided that he shall not prepare and
37
furnish any certified copy of any file or record in an action, except printed
38
transcript on appeal, without additional compensation as provided by law.
39
SECTION 93. That Section 66-612, Idaho Code, be, and the same is hereby
40
amended to read as follows:
41
66-612. PENALTY. It is a misdemeanor for a person to knowingly alter,
42
forge, conceal or destroy a declaration, or the reinstatement or revocation
43
of a declaration. In this section, "knowingly" has the meaning given in sec-
44
tion 18-101 5., Idaho Code.
45
SECTION 94. An emergency existing therefor, which emergency is hereby
46
declared to exist, this act shall be in full force and effect on and after
47
July 1, 2023.