HOUSE BILL NO. 265
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H0265................................by JUDICIARY, RULES AND ADMINISTRATION
INMATES - DEATH ROW - Amends existing law to provide for contact visits
between a death row inmate and the attorney of record and for noncontact
visits between the condemned prisoner and specified agents of the attorney
of record; and to authorize prison officials to suspend or deny such visits
if the security of the facility or public safety could be compromised.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Limbaugh, Linford, Loertscher, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Callister, Campbell, Crow, Geddes, Kellogg,
Mader, Sali, Schaefer, Mr Speaker
Floor Sponsor - Smith
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Dunklin, Frasure, Geddes, Hawkins, Ingram,
Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--None
Absent and excused--Branch, Davis, Deide, King, Parry
Floor Sponsor - Ingram
Title apvd - to House
03/12 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 285
Effective: 03/24/99
H0265
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 265
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONFINEMENT UNDER THE DEATH PENALTY; PROVIDING A STATEMENT OF LEG-
3 ISLATIVE INTENT; AMENDING CHAPTER 27, TITLE 19, IDAHO CODE, BY THE ADDI-
4 TION OF A NEW SECTION 19-2705, IDAHO CODE, TO PROVIDE FOR CONTACT VISITS
5 BETWEEN A CONDEMNED PRISONER AND THE ATTORNEY OF RECORD AND FOR NONCONTACT
6 VISITS BETWEEN THE CONDEMNED PRISONER AND SPECIFIED AGENTS OF THE ATTORNEY
7 OF RECORD IN ACCORDANCE WITH PRISON RULES, TO PROVIDE DEFINITIONS, TO PRO-
8 VIDE THAT PRISON OFFICIALS MAY SUSPEND OR DENY VISITATION IF THE SECURE
9 AND ORDERLY OPERATION OF THE FACILITY OR THE PUBLIC SAFETY COULD BE COM-
10 PROMISED AND TO PROVIDE THAT THE SECTION SHALL NOT CREATE A LIBERTY INTER-
11 EST IN THE CONDEMNED PERSON OR EXPAND THE RIGHT OF ACCESS TO COURTS UNDER
12 STATE OR FEDERAL LAW; AMENDING SECTION 19-2705, IDAHO CODE, TO REDESIGNATE
13 THE SECTION, TO PROVIDE FOR CONTACT VISITS BETWEEN THE CONDEMNED PERSON
14 AND THE ATTORNEY OF RECORD IN ACCORDANCE WITH PRISON RULES WHERE A DEATH
15 WARRANT HAS BEEN ISSUED AND EXECUTION HAS NOT BEEN STAYED, TO PROVIDE A
16 DEFINITION, TO PROVIDE THAT PRISON OFFICIALS MAY SUSPEND OR DENY VISITA-
17 TION IF THE SECURE AND ORDERLY OPERATION OF THE FACILITY OR THE PUBLIC
18 SAFETY COULD BE COMPROMISED AND TO PROVIDE THAT THE SECTION SHALL NOT CRE-
19 ATE A LIBERTY INTEREST IN THE CONDEMNED PERSON OR EXPAND THE RIGHT OF
20 ACCESS TO COURTS UNDER STATE OR FEDERAL LAW; AND DECLARING AN EMERGENCY.
21 Be It Enacted by the Legislature of the State of Idaho:
22 SECTION 1. STATEMENT OF LEGISLATIVE INTENT. The purpose of this act is to
23 provide prisoners condemned to death with reasonable access to their attorneys
24 and specified agents of their attorneys, subject to strict adherence to prison
25 rules. The legislation authorizes noncontact visits between the condemned per-
26 son and agents of the attorney of record and contact visits between the con-
27 demned person and his attorney of record. The Legislature recognizes that pro-
28 viding attorneys access to clients on death row is necessary if the client is
29 to obtain a fair and adequate defense. The Legislature further recognizes
30 that under American jurisprudence an adequate defense of a death penalty
31 inmate is an interdisciplinary endeavor requiring the skills of counsel,
32 experts, investigators and paralegals working together on the convict's
33 behalf. Each member of the team must have access to the client if the client
34 is to be represented competently and fairly.
35 The Legislature also recognizes that prison administrators must be free to
36 exercise professional discretion in determining the steps necessary to ensure
37 the orderly functioning of the facility and to secure the safety of prison
38 staff, inmates and visitors. Prison administrators are under an obligation
39 to take reasonable measures to guarantee public safety and must be alert to
40 and prevent, so far as possible, any attempts to introduce drugs, contraband
41 or illicit weapons into the prisons. It is critical that prison administra-
42 tors maintain the necessary discretion and control of prison functions,
43 including outside access to prisoners, especially those condemned to death.
44 In authorizing attorneys and their agents access to their clients on death
2
1 row and in permitting attorneys to have contact visits with their clients, it
2 is the intent of the Legislature that such visits occur in strict accordance
3 with prison rules and subject to the authority of prison officials to suspend
4 or deny those visits if the safe, secure and orderly operation of the facility
5 or the public safety could be compromised.
6 SECTION 2. That Chapter 27, Title 19, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION , to be
8 known and designated as Section 19-2705, Idaho Code, and to read as follows:
9 19-2705. DEATH SENTENCE AND CONFINEMENT THEREUNDER -- ACCESS TO CONDEMNED
10 PERSON. (1) Whenever a person is sentenced to death, the warden shall keep
11 such condemned person in solitary confinement until execution. No person
12 shall be allowed access to the condemned person except law enforcement person-
13 nel investigating matters within the scope of their duties, the attorney of
14 record and agents of the attorney of record, attending physicians, a spiritual
15 adviser of the condemned's choosing, and members of the immediate family of
16 the condemned, and then only in accordance with prison rules. Persons under
17 sentence of death will be allowed contact visits with their attorneys of
18 record. Such visits will take place subject to prison rules. No other contact
19 visits shall be permitted. Prison officials have authority to suspend or deny
20 visits when the safe, secure and orderly operation of the facility or public
21 safety could be compromised.
22 (2) For the purposes of this section an "agent of the attorney of record"
23 is defined as an employee of the attorney of record to include an investiga-
24 tor, paralegal, legal intern, or mitigation specialist but does not include
25 retained experts or other independent contractors of the attorney of record.
26 (3) For the purposes of this section a "legal intern" is defined as a
27 qualified law student or recent law school graduate who, upon application and
28 approval by the Idaho state bar association, is granted a limited license to
29 engage in the practice of law.
30 (4) For the purposes of this section a "contact visit" is defined as a
31 meeting between the condemned person and the attorney of record during which
32 the parties are not separated by a screen or other partition which prohibits
33 physical contact. Contact visits will take place in a private, confidential
34 setting where the prisoner and his attorney are in the same room.
35 (5) Nothing in this section shall be construed to create a liberty inter-
36 est in the condemned person or to expand the right of access to courts under
37 state or federal law.
38 SECTION 3. That Section 19-2705, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 19-270 5 6 . DEATH WARRANT AND CONFINEMENT THERE-
41 UNDER -- ACCESS TO CONDEMNED PERSON . (1) Whenever a person is
42 sentenced to death, the judge passing sentence shall, in accordance with sec-
43 tion 19-2719, Idaho Code, sign and file a death warrant fixing a date of exe-
44 cution not more than thirty (30) days thereafter.
45 (2) The warrant shall be directed to the warden of the state penitentiary
46 and shall be delivered to him forthwith.
47 (3) Whenever a person is under death warrant, execution of which
48 has not been stayed, t T he warden shall keep the con-
49 demned person s under sentence of death in solitary con-
50 finement until execution . of the death penalty; n
51 said convict
3
1 counsel
3 the attorney of record , attending physicians, a spiritual adviser of
4 the condemned's choosing, and members of the immediate family of the con-
5 demned, and then only in accordance with the prison rules.
6 Persons under sentence of death will be allowed contact visits with their
7 attorneys of record. Such visits will take place subject to prison rules. No
8 other contact visits shall be permitted. Prison officials have authority to
9 suspend or deny visits when the safe, secure and orderly operation of the
10 facility or public safety could be compromised.
11 (4) For purposes of this section a "contact visit" is defined as a meet-
12 ing between a condemned person and the attorney of record during which the
13 parties are not separated by a screen or other partition which prohibits phys-
14 ical contact. Contact visits will take place in a private, confidential set-
15 ting where the prisoner and his attorney are in the same room.
16 (5) Nothing in this section shall be construed to create a liberty inter-
17 est in the condemned person or to expand the right of access to courts under
18 state or federal law.
19 SECTION 4. An emergency existing therefor, which emergency is hereby
20 declared to exist, this act shall be in full force and effect on and after its
21 passage and approval.
STATEMENT OF PURPOSE
RS09039
The purpose of this legislation is to allow condemned prisoners
to have contact visits with the attorney of record and noncontact
visits with agents of the attorney of record, subject to strict
adherence with prison rules and subject to the authority of
prison officials to suspend or deny visitation if the safe,
secure and orderly operation of the facility or the public safety
could be compromised. The legislation also defines the terms
attorney of record, legal intern and contact visit and carefully
delineates that the legislation cannot be construed to create a
liberty interest in the condemned prisoner or expand on the
prisoner's right of access to the courts under state or federal
law. The legislation also allows contact visitation privileges
between the condemned prisoner and the attorney of record where a
death warrant has been issued but not stayed, subject to the same
authority of prison officials to suspend or deny visitation if
the safe, secure and orderly operation of the facility or the
public safety could be compromised.
FISCAL NOTE
The legislation will decrease the cost of litigation to the State
Appellate Public Defender. As of 1999, two of Idaho's prisons
will be affected by this legislation. Supervision necessary to
ensure visitor/inmate safety during contact visitation will
require direct observation by security staff throughout the
duration of each contact visit. In addition, as the numbers of
non-contact visits with condemned inmates increase, so will staff
time for processing and supervision of non-contact visits.
Finally, accommodations for contact visits in a private,
confidential setting where the prisoner and his attorneys are in
the same room will require physical plant modifications or
remodeling at both facilities.
CONTACT: Ronaldo A. Coulter, State Appellate Public Defender
(208) 334-2712
Stephanie Altig, Deputy Attorney General
Department of Correction
(208) 658-2097
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 265