76th Legislative Session _ 2001

Committee: Senate Judiciary
Wednesday, January 31, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Hainje
P    Koetzle
P    Moore
P    Daugaard, Vice-Chair
P    Whiting, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Whiting.

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 29, 2001

Moved by:    Hainje
Second by:    Bogue
Action:    Prevailed by voice vote.

The Chair deferred SB 228 until Monday, February 5, 2001.

         SB 105: prohibit inmate telephone charges.

Presented By:    Senator Staggers
Opponents:    Otto Dahl, Bureau of Information and Telecommunications (Document #1)
        Jeff Bloomberg, Department of Corrections
        Jim Burg, Public Utilities Commission
        Larry Toll, QWEST
        Mike Leidholt, Hughes County Sheriff

MOTION:     AMEND SB 105

105ra
     On page 1 of the printed bill, delete lines 5 to 7 , inclusive, and insert "

    If the Department of Corrections enters into a contractual agreement with a telecommunications company to provide inmate telephone services, the terms of the contract shall include the following:

             (1)    Inmates shall have the ability to make collect calls to approved telephone numbers; and
             (2)    Inmates shall have the ability to call residential toll-free numbers on an individually approved basis.".

     On page 1, line 1 of the printed bill, delete everything after " to " and insert "establish certain procedures regarding inmate telephone services.".

Moved by:    Hainje
Second by:    de Hueck
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 105

105rb
     On the printed bill, delete everything after the enacting clause and the previously adopted amendments and insert:

"

     Section 1. The Corrections Commission shall make a comprehensive study of the provision of telephone services to the inmates of Department of Corrections institutions and make a report to the Legislature no later than December 1, 2001."

Moved by:    Whiting
Second by:    de Hueck
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    de Hueck, Hainje, Moore, Daugaard, Whiting

Voting No:    Bogue, Koetzle
                

 MOTION:     DO PASS SB 105 AS AMENDED

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

Voting No:    Bogue

 MOTION:     TO AMEND TITLE OF SB 105

105rta
     On page 1, line 1 of the printed bill, delete " prohibit inmate telephone charges " and insert "provide for a comprehensive study by the Corrections Commission of inmate telephone services at Department of Corrections institutions".

Moved by:    de Hueck
Second by:    Hainje
Action:    Prevailed by voice vote.

          SB 233: require certain minimum penalties for second or subsequent offenses for driving under the influence.

Presented By:    Senator Albers
Proponents:    Bill Nevin, Department of Transportation
Opponents:    Tom Barnett, State Bar of South Dakota
        Charles Schroyer, South Dakota States Attorneys Association
        Rex Hagg, South Dakota Trail Lawyers Association
        Craig Shaver, Meade County

MOTION:     AMEND SB 233

233ra
     On page 3, line 15 of the printed bill, delete " sentence of not less than sixty days " and insert " a sentence ".

Moved by:    Bogue
Second by:    de Hueck
Action:    Prevailed by voice vote.


MOTION:     DEFER SB 233 TO THE 41ST LEGISLATIVE DAY

Moved by:    Bogue
Second by:    Moore
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

          SB 142: establish an ombudsman to represent youth offenders.

Presented By:    Senator John McIntyre
Proponents:    Jennifer Ring, ACLU of the Dakotas (Document #2, #3, #4, #5)
        Susan Randall, Executive Director, South Dakota Coalition for Children

MOTION:     AMEND SB 142

142ma
     On page 2, line 1 of the printed bill, delete " by subpoena " .

     On page 2 , line 2, after " facility " insert ", and record electronically, photographically, or by other appropriate means conditions in the facility".

     On page 2 , line 3, delete " Subpoena any person " and insert "Compel any public employee, or request any other person,".

     On page 2 , after line 7, insert:

"

             (6)    Initiate informal proceedings with juvenile corrections facilities and programs;

             (7)    Negotiate and mediate an appropriate resolution of any issue or complaint;

             (8)    Commence litigation seeking equitable relief on behalf of any juvenile or class of juveniles under Department of Corrections supervision;

             (9)    Report conditions or actions that rise to the level of criminal child abuse to the states attorney of the county in which those conditions or actions occurred;".

     On page 2 , line 8, delete " (6) " and insert "(10)".

     On page 2 , line 9, delete " (7) " and insert "(11)".
     On page 2 , line 17, delete " Notwithstanding section 5 " and insert "Notwithstanding section 4".

     On page 3 , line 12, delete " shall " and insert "may".

Moved by:    de Hueck
Second by:    Moore
Action:    Prevailed by voice vote.

The Chair deferred SB 142 until Friday, February 2, 2001..

MOTION:     ADJOURN

Moved by:    Bogue
Second by:    Moore
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair

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