20-213A. COMPLIANCE WITH OPEN MEETINGS LAW — EXECUTIVE SESSIONS AUTHORIZED — REPORT REQUIRED. (1) All meetings and hearings of the commission of pardons and parole shall be held in accordance with the open meetings law as provided in chapter 2, title 74, Idaho Code, except:

(a) An initial review of an application for a request for parole, pardon, commutation or firearm restoration may be held in executive session. The executive session shall be limited to a decision as to whether a hearing should be granted;

(b) When a hearing is granted, it will be conducted in open session. Pursuant to section 74-206, Idaho Code, deliberations and voting concerning the granting, revoking, reinstating or refusing of paroles; the granting or denying of pardons or commutations; or the granting or denying of firearm restorations shall be made in executive session;

(c) Votes of individual members in arriving at the parole, pardon, firearm restoration or commutation decisions shall not be made public, provided that the commission shall maintain a record of the votes of the individual members as required in subsection (2) of this section; and

[(d)](c) Meetings of less than a majority of the commission to make decisions concerning the grant or denial of parole or the disposition of parole violations as provided in section 20-210, Idaho Code.

(2) A written record of the vote to grant or deny parole, pardon, firearm restoration or commutation by each commission member in each case reviewed by that member shall be made by the commission. The record produced by the commission pursuant to this section shall be kept confidential and privileged from disclosure, provided the record shall be made available, upon request, to the governor or the governor’s representative, the chairman and most senior minority member of the senate judiciary and rules committee and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee, for all lawful purposes. All committee members and representatives of the governor’s office shall keep such record confidential. Distribution of the report by a commissioner or an employee of the executive director to any person not specifically listed in this section shall be a misdemeanor.

(3) Nothing contained in this section shall prevent any person from obtaining the results of any parole, pardon, firearm restoration or commutation action by the commission without reference to the manner in which any member voted, and the commission shall make such information public information.

(4) Nothing contained herein shall prevent the executive director for the commission or designated staff of the executive director from attending any meeting, including an executive session of the commission of pardons and parole.

(5) Nothing contained herein shall prevent the governor, the governor’s representative, chairman and most senior minority member of the senate judiciary and rules committee and the chairman and most senior minority member of the house of representatives judiciary, rules and administration committee from attending any meeting, including an executive session of the commission of pardons and parole.

History:

[20-213A, added 1986, ch. 59, sec. 1, p. 168; am. 1988, ch. 29, sec. 1, p. 37; am. 1990, ch. 213, sec. 14, p. 499; am. 1992, ch. 278, sec. 1, p. 855; am. 1994, ch. 171, sec. 2, p. 384; am. 2000, ch. 362, sec. 1, p. 1199; am. 2017, ch. 58, sec. 9, p. 105; am. 2017, ch. 182, sec. 2, p. 416; am. 2017, ch. 217, sec. 1, p. 532.]