S.F. No. 0069

Board of parole reorganization.

Sponsored By: Senator(s) Meier and Vasey and Representative(s) Luthi, Simpson and Tipton

AN ACT relating to the board of parole; amending the duties of the board of parole as specified; authorizing the board to hire staff as specified; granting rulemaking authority; providing a definition; specifying that the board is a state agency for purposes of budgeting; providing an appropriation; and providing for an effective date.

1/13/2003 Bill Number Assigned

1/15/2003 S Received for Introduction

1/16/2003 S Introduced and Referred to S01

1/31/2003 S01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Burns, Decaria, Goodenough, Hanes and Meier

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/31/2003 S Placed on General File

2/3/2003 S Rereferred to S02

2/6/2003 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Cathcart, Devin, Job and Schiffer

Nays: Senator(s) Hines

Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0

2/6/2003 S Placed on General File

2/10/2003 S Amendments Considered

SF0069SS001/A ADOPTED

Page 3-line 9 Delete "parole issues" insert "the grant or denial of parole".

Page 3-line 13 Delete "and" insert "who shall serve".

Page 3-line 14 Delete "other staff". HANES, CHAIRMAN

SF0069SS002/A ADOPTED

Page 3-line 14 After "board" insert "as provided by appropriation of the legislature".

Page 4-line 8 After "." insert "Of this appropriation, fifty-five thousand two hundred fifty-seven dollars ($55,257.00) is considered to be one-time appropriations and shall not be included within the board of parole's standard budget request for the 2005-2006 biennium.". SCHIFFER, CHAIRMAN

2/10/2003 S Passed CoW

2/11/2003 S Passed 2nd Reading

2/12/2003 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Erb

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

2/13/2003 H Received for Introduction

2/13/2003 H Introduced and Referred to H01

2/20/2003 H01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Alden, Bagby, Berger, Buchanan, Landon, Olsen, Petersen, Simpson and Warren

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/20/2003 H Placed on General File

2/24/2003 H Rereferred to H02

2/25/2003 H02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Jones, Jorgensen, Meuli, Nicholas, Philp, Reese and Tipton

Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0

2/25/2003 H Placed on General File

2/26/2003 H Amendments Considered

SF0069HS001/AE (TO ENGROSSED COPY) ADOPTED

Page 3-line 4 Delete "Three (3) or".

Page 3-line 5 Delete the line through "number" insert "Fewer than three (3) members of the board,". SIMPSON, CHAIRMAN

SF0069HS002/AE (TO ENGROSSED COPY) ADOPTED

Page 1-line 6 After "appropriation" insert "and authorizing additional positions".

Page 4-line 5 Before "There" insert "(a)".

Page 4-line 9 After "." insert "In addition, the board of parole is authorized an additional two (2) full-time positions to implement this act.".

Page 4-After line 13 insert:

"(b)  Expenditures of amounts appropriated under subsection (a) of this section for leasing office space shall not be expended unless space is not available within state office buildings.". NICHOLAS

2/26/2003 H Passed CoW

2/27/2003 H Amendments Considered

SF0069H2001/AE (TO ENGROSSED COPY) ADOPTED

Delete the First Standing Committee Amendment (SF0069HS001/AE). Further amend as follows:

Page 4-after line 13 Insert:

"Section 3.

(a) This section is effective only if 2003 Senate File 65 is enacted into law. If 2003 Senate File 65 is enacted into law:

(i) W.S. 7-13-401(f) as amended by section 1 of this act shall be not be effective;

(ii) W.S. 7-13-401(f) as amended by 2003 Senate File 65 shall not be effective; and

(iii) W.S. 7-13-401(f) is amended to read:

7-13-401.  Definitions; creation of board; officers; compensation; hearing panels; meetings.

(f)  Three (3) or more members of the board may constitute a hearing panel empowered to review applications for parole, grant paroles, or revoke paroles., Fewer than three (3) members of the board, as may be provided by rule of the board, may withdraw or revoke good time, restore or reinstate good time, and make initial determinations of eligibility and restore voting rights pursuant to W.S. 7-13-105(b) and (c), make recommendations to the governor to grant commutations of sentences and review inmate matters, other than the grant or denial of parole, brought before the board. A decision by a majority of the members of a panel under this subsection is the decision of the board.".

Page 4-line 15 Delete "3" insert "4". SIMPSON

2/27/2003 H Passed 2nd Reading

2/28/2003 H Amendments Considered

SF0069H3001/AE (TO ENGROSSED COPY) ADOPTED

Delete the Simpson Second Reading Amendment (SF0069H2001/AE).

Further amend as follows:

Page 4-after line 13 Insert:

"Section 3.

(a) This section is effective only if 2003 Senate File 65 is enacted into law. If 2003 Senate File 65 is enacted into law:

(i) W.S. 7-13-401(f) as amended by section 1 of this act shall be not be effective;

(ii) W.S. 7-13-401(f) as amended by 2003 Senate File 65 shall not be effective; and

(iii) W.S. 7-13-401(f) is amended to read:

7-13-401.  Definitions; creation of board; officers; compensation; hearing panels; meetings.

(f)  Three (3) or more members of the board may constitute a hearing panel empowered to review applications for parole, grant paroles, or revoke paroles., Fewer than three (3) members of the board, as may be provided by rule of the board, may withdraw or revoke good time, restore or reinstate good time, and make initial determinations of eligibility and restore voting rights pursuant to W.S. 7-13-105(b) and (c), make recommendations to the governor to grant commutations of sentences and review inmate matters, other than the grant or denial of parole, brought before the board. A decision by a majority of the members of a panel under this subsection is the decision of the board.".

Page 4-line 15 Delete "3" insert "4". SIMPSON

2/28/2003 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren and Wostenberg.

Excused: Representative(s) Wasserburger

Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0

2/28/2003 S Did Concur

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Geis, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Erb

Excused: Senator(s) Peck

Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0

2/28/2003 Assigned Number SEA 0051

3/1/2003 S President Signed SEA No. 0051

3/1/2003 H Speaker Signed SEA No. 0051

3/4/2003 Governor Signed SEA No. 0051

Chapter No. 0127 Session Laws of Wyoming 2003.