2005 Idaho Code - 20-213A — COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS AUTHORIZED -- REPORT REQUIRED

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 2
                          STATE BOARD OF CORRECTIONS
    20-213A.  COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS
AUTHORIZED -- REPORT REQUIRED. (1) All meetings of the commission of pardons
and parole shall be held in accordance with the open meeting law as provided
in chapter 23, title 67, Idaho Code, except:
    (a)  Deliberations and decisions concerning the granting, revoking,
    reinstating or refusing of paroles, or the granting or denying of pardons
    or commutations, may be made in executive session; and
    (b)  Votes of individual members in arriving at the parole, pardon 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.
    (2)  A written record of the vote to grant or deny parole, pardon or
commutation, by each commission member in each case reviewed by that member
shall be produced 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 and the chairman of the senate judiciary and rules committee and the
chairman of the house of representatives judiciary, rules and administration
committee, for all lawful purposes. 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 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 and chairman of
the senate judiciary and rules committee and the chairman 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.

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