76th Legislative Session _ 2001

Committee: House State Affairs
Wednesday, January 17, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brown (Richard)
P    Duenwald
P    Duniphan
P    Eccarius
P    Glenski
P    Hanson (Gary)
P    Jaspers
P    Juhnke
P    Michels
P    Olson (Mel)
P    Smidt
P    Napoli, Vice-Chair
P    Peterson (Bill), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Bill Peterson

MOTION:     TO APPROVE THE MINUTES OF JANUARY 12, 2001

Moved by:    Duniphan
Second by:    Eccarius
Action:    Prevailed by voice vote.

The Chair deferred HB 1045 until Friday, January 19, 2001.

         HB 1022: authorize the Department of Corrections to construct prison industries buildings at the South Dakota State Penitentiary, the Jameson Prison Annex, and the Mike Durfee State Prison, and to make an appropriation therefor.

Presented By:    Jeff Bloomberg, Secretary, Department of Corrections (handout 1)
Proponents:    Tim Reisch, Department of Corrections (handout 2)
Opponents:    Jerry Wheeler, lobbyist, SD Retailers Association
        David Owens, lobbyist, SD Chamber of Commerce and Industry
        Larry Zikmund, lobbyist, Associated General Contractors, Building Chapter

MOTION:     AMEND HB 1022

1022oa
     On page 1, line 8 of the printed bill, delete " four " and insert "three".

Moved by:    Duenwald
Second by:    Duniphan
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1022 AS AMENDED

Moved by:    Duniphan
Second by:    Jaspers
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Jaspers, Juhnke, Michels, Smidt, Peterson (Bill)

Voting No:    Hanson (Gary), Olson (Mel), Napoli

          HB 1023: provide for abuse and neglect screening through the Department of Social Services central registry for certain Department of Corrections employees.

Presented By:    Cory Nelson, Department of Corrections
Proponents:    Betty Oldenkamp, Department of Human Services
Comments by: Virginia Wieseler, Department of Social Services

MOTION:     AMEND HB 1023

1023oa
     On page 1, line 8 of the printed bill, after " Corrections " insert "or any adolescent treatment program operated by the Department of Human Services".

Moved by:    Smidt

Second by:    Michels
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1023 AS AMENDED

Moved by:    Michels
Second by:    Smidt
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)

 MOTION:     TO AMEND TITLE OF HB 1023

1023ota
     On page 1, line 3 of the printed bill, after " employees " insert "and volunteers and for employees and volunteers of certain adolescent treatment programs".

Moved by:    Olson (Mel)
Second by:    Duniphan
Action:    Prevailed by voice vote.

          HB 1024: authorize the release of certain information about adult inmates and parolees to victims, the community, and governmental entities.

Presented By:    Laurie Feiler, Department of Corrections

MOTION:     AMEND HB 1024

1024oa
     On page 3 of the printed bill, delete lines 11 to 23 , inclusive, and insert:
"
             (9)    Sentencing judge;

             (10)    Number of felony convictions;

             (11)    Sentence, time suspended, jail time credit, and revoked good-time credits;

             (12)    Offense, sentence, admission, release, and parole eligibility dates;

             (13)    Dates of pending hearings and final determinations of parole, suspended sentence, pardon,

and commutation hearings;

             (14)    Status as an inmate, parolee, or person who has completed a prison term;

             (15)    County of conviction;

             (16)    Plea;

             (17)    Citizenship status;

             (18)    Birth town, state, and country; and

             (19)    Supervising agent. ".

     On page 4 , after line 3, insert:
"
     Section 6. That chapter 24-2 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Corrections may distribute information listed in section 4 of this Act along with an identifying photograph of the inmate or parolee to the public through internet distribution. Once an inmate has been discharged from the custody of the Department of Corrections pursuant to §  24-5-2 or 24-15A-7, the department shall remove all information regarding the inmate's incarceration, including the inmate's photograph, from the internet.".

Moved by:    Napoli
Second by:    Juhnke
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION AMEND THE AMENDMENT

1024oe
     On page 3 of the printed bill, delete lines 11 to 23 , inclusive, and insert:
"

             (9)    Number of felony convictions;

             (10)    Sentence, time suspended, jail time credit, and revoked good-time credits;

             (11)    Offense, sentence, admission, release, and parole eligibility dates;

             (12)    Dates of pending hearings and final determinations of parole, suspended sentence, pardon,

and commutation hearings;

             (13)    Status as an inmate, parolee, or person who has completed a prison term;

             (14)    County of conviction;

             (15)    Plea;

             (16)    Citizenship status; and

             (17)    Birth town, state, and country. ".

     On page 4 , after line 3, insert:
"
     Section 6. That chapter 24-2 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Corrections may distribute information listed in section 4 of this Act along with an identifying photograph of the inmate or parolee to the public through internet distribution. Once an inmate has been discharged from the custody of the Department of Corrections pursuant to §  24-5-2 or 24-15A-7, the department shall remove all information regarding the inmate's incarceration, including the inmate's photograph, from the internet.".

Moved by:    Brown (Richard)
Second by:    Olson (Mel)
Action:    Failed by voice vote.

 MOTION:     SUBSTITUTE MOTION AMEND HB 1024

1024od
     On page 3 of the printed bill, delete lines 11 to 23 , inclusive, and insert:
"

             (9)    Number of felony convictions;

             (10)    Sentence, time suspended, jail time credit, and revoked good-time credits;

             (11)    Offense, sentence, admission, release, and parole eligibility dates;

             (12)    Dates of pending hearings and final determinations of parole, suspended sentence, pardon, and commutation hearings;
             (13)    Status as an inmate, parolee, or person who has completed a prison term;

             (14)    County of conviction;

             (15)    Plea;

             (16)    Citizenship status;

             (17)    Birth town, state, and country; and

             (18)    Supervising agent. ".

     On page 4 , after line 3, insert:
"
     Section 6. That chapter 24-2 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Corrections may distribute information listed in section 4 of this Act along with an identifying photograph of the inmate or parolee to the public through internet distribution. Once an inmate has been discharged from the custody of the Department of Corrections pursuant to §  24-5-2 or 24-15A-7, the department shall remove all information regarding the inmate's incarceration, including the inmate's photograph, from the internet.".

Moved by:    Napoli
Second by:    Brown (Richard)
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1024

1024oc
     On page 1, line 7 of the printed bill, delete " may " and insert " shall ".

     On page 2 , line 5, overstrike " may " and insert " shall ".

Moved by:    Brown (Richard)
Second by:    Olson (Mel)
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1024

1024ob
     On page 1, line 7 of the printed bill, delete " , except as allowed pursuant to § 24-2-20, " .

     On page 1 , line 11, after " institution. " insert " However, this section shall not apply to the release of information allowed pursuant to § 24-2-20. ".

Moved by:    Michels
Second by:    Napoli
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1024 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Duniphan
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)

 MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Jaspers
Action:    Prevailed by voice vote.

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair

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