
The Idaho Legislature is mulling whether to give judges more power to lengthen probation periods for offenders struggling with rehabilitation programs. Idaho Magistrate Judge Jack Varin stood before the House Judiciary, Rules and Administration Committee to say the bill would create the ability to extend the probation period for offenders in the state's DUI/Drug Court programs.
"These individuals who participate in the problem-solving courts, once they've graduated, they should be on the road to being mended," said Varin. "Sometimes it helps having additional authority over them for any failures—I’m hesistant to use the word relapses—we might be able to head off."
Boise Rep. Lynn Luker raised concerns about the constitutionality of the proposal, asking if judges had the ability to tack on a probation period after the in-court sentencing procedure years prior.
"Is it anticipated that the authority to make this extension would be kind of a boiler plate in the original sentencing?" asked Luker.
The committee ultimately decided to print the bill, but with the motion adding an amendment to clear up language about extending probation, currently defaulted to a one-year extension.
"If that temptation comes," summed up Varin, "they have learned how to overcome it, now there may be somebody who can hold them answerable to that."
Each redistricting commission's work faces legal issues. Something as complicated as redrawing lines of 10-year-old voting blocs within a standard deviation of no less than 10 percent is bound to irk a few folks. Now Idaho's Redistricting Commission faces two lawsuits.
After the commission failed to meet a Sept. 6 deadline, Secretary of State Ben Ysursa filed a lawsuit against the six-member bipartisan redistricting commission with the Idaho Supreme Court. Ysursa asked the Idaho Supreme Court to send the commission back to work and guide the members in drawing up new plans.
The Republican members of the committee have also filed suit against their Democratic counterparts, asking for advice from the Idaho Supreme Court on the weight of redistricting rules. Does a provision mandating minimal county splits take precedence over one that states precincts must be connected by a physical road? The suit urges that the court accept Republican plans they claim are superior to Democratic proposals according to their ruling on the issue.
“If they give us the proper clarification and guidance on our inquiries contained within our petition, this process should only take three days of reconvening for the commission to reach an agreement,” stated Lou Esposito, spokesman for the Republican redistricting commissioners in a GOP release.
A redistricting plan requires four votes for approval—meaning at least one member has to side with the opposition party for their work to end. If they can't come to an agreement, an eventual option is for the Idaho Supreme Court to draw the lines themselves.
The Republican Party has also issued a release urging the Legislature to re-evaluate the bipartisan commission. Up until the mid-1990s, Legislators redrew the lines themselves. Idaho citizens voted to amend the Constitution for the current model, with the first citizen commission in 2001. Any legislation for reverting back to the original style would require another popular vote.
Idaho lawmakers closed up the 2011 legislative session Thursday by sending a flurry of new bills to Gov. C.L. "Butch" Otter. United Vision for Idaho had some some paperwork for Otter Thursday: a 140-page petition protesting much of the legislation.
"We're gutting Medicare. We're gutting education," said Adrienne Evans, UVI's executive director. "We're taking everything out of the hands of people who have helped build Idaho and that can't continue."
Evans and her colleagues presented a petition with 2,350 signatures and comments, including:

In reaction to the petition, Otter spokesman Jon Hanian told Citydesk that "if it is warranted, we will respond once we've had a chance to review it.
"While we are sympathetic to the concerns that they've raised, we also have to be mindful of the fact that raising taxes in this economic climate is not wise and it's also, the truth is, not very realistic," said Hanian.
Idaho lawmakers have closed down an historic 2011 legislative session this afternoon. The Senate adjourned at 12:36 p.m. followed by the House gavel at 2:21 p.m.
Legislators are packing up and heading out, leaving in their wake:
- rules for a new closed primary system
- $34.6 million less in state general funds for Medicaid (undercutting Medicaid by $108 million when missing federal dollars are considered)
- $7.6 million less in state general funds for higher education (the lowest higher ed budget in more than a decade)
- a three-pronged plan to sweep the state's K-12 public education system, shifting money away from teachers' salaries into technology funding and a new pay-for-performance plan
Governor C.L. "Butch" Otter has already scheduled a ceremony for Friday morning, when he will sign into law the third measure of school chief Tom Luna's controversial "Students Come First" reform package. Luna and so-called "key stakeholders" are expected at the signing.
About 200 picketers outside the Statehouse joined protesters across Idaho Monday in solidarity with public sector workers, who have been under attack in what one legislator called a Republican "war on working people."
The crowd roared when, in his opening remarks, Democratic Rep. Brian Cronin of Boise pointed at the Idaho Capitol and said, “It is such a relief to leave this building and come out and talk to some real people.
“We have really done a number on the teachers,” Cronin said. “Somehow these heroes of the classroom, the people who educate our children, are the villains in conservative ideology. I do not think it’s an exaggeration to call recent actions of various governors and legislatures a war on working people.”

“Folks, it’s been said, but it bears repeating,” Cronin added. “If you are not angry right now, you are simply not paying attention!”
Idaho Democratic Party Chairman Larry Grant told Citydesk an effort to recall State Superintendent of Public Instruction Tom Luna is under way.
"The recall goes into effect immediately once you get enough signatures. Then,” said Grant, “it would be up to Mr. Luna to either resign or face a special election.”
Recalling Luna will not be easy, however, with 157,000 signatures required to put the question before voters. Petitions to gather those names began circulating this week.CORRECTION: are expected to begin circulating the week of April 18.
“I support that effort," Cronin said, "but I also think that our efforts should really be directed toward the next election and making sure that people we want to throw out now don’t ever get re-elected.”
Similar events were held Monday in Coeur d’Alene, Idaho Falls and Pocatello, Whaley said.
Even though an official bill calling for an increase in Idaho’s cigarette sales tax is a near impossibility, Democratic legislators still have plans today for what they call an “informational hearing” on the matter. Democrats said a $1.25 hike for the price of smokes would generate close to $50 million, which could provide a stopgap for cuts to Medicaid or public education.
Just a few weeks ago, Republican Rep. Dennis Lake, chairman of the House Tax Committee, said he had a plan to sponsor such an increase. But last week Lake said he didn’t have enough support and decided to hold back on the measure. The public will be invited to testify at today’s informational hearing, scheduled for 4:30 p.m. at the Statehouse.
The 2011 edition of the Idaho Legislature looks like it will total about 90 days. If all goes as expected lawmakers could be packing up and heading home as early as midweek.
But no one is going anywhere until a final vote is held on budgets for K-12 public education and Medicaid. Another sure bet is a measure that will craft a new method of holding "closed" primaries in Idaho. A State Supreme Court ruling allowed the Republican party to set new rules to decide who can participate in their primaries.
Many more bills continue to be printed and introduced but a good many of them are expected to be left hanging when the legislature declares "sine die," the Latin for "without day."
The Idaho Senate passed House Bill 260 on a 27-8 vote today, cutting $34.6 million in state general funds from Medicaid programs, which when added to missing federally matched dollars, will undercut Medicaid by $108 million.
Among other things, the measure will reduce psycho social rehabilitation for adults with mental disabilities and reduce or eliminate dental and chiropractic care for adult clients. Critics argued that the reduced funding will result in the elimination of hundreds of jobs currently held by Medicaid caregivers.
Here’s a sampling of today’s debate:
Republican Sen. John McGee: "Providing jobs is not the goal of the Medicaid program.”
Democratic Sen. Les Bock: “Why do we choose to shoot ourselves in the foot when we don’t have to?”
Republican Sen. Patti Anne Lodge: “We didn’t take a sledgehammer (to Medicaid), we took a little paring knife.”
Democratic Sen. Dan Schmidt: “This is like saving money on your car by not changing your oil.”
Republican Sen. Joyce Broadsword: “Idaho needs to change from offering Cadillac Medicaid benefits to Chevy benefits.”
The measure now heads to Gov. C.L. “Butch” Otter, who is expected to sign the bill into law.
In a legislative session packed with drama, the Idaho Senate takes up one of its last controversial issues on Monday: a bill that would slash $35 million dollars from state funding of Health and Welfare's Medicaid programs.
In fact, the $35 million dollar cut would grow exponentially to $108 million dollars because Idaho would lose significant federal matching funds. Supporters have called the cuts necessary in the wake of a major economic downturn. Opponents have called the measure everything from "short-sighted" to "cruel and heartless."
The bill would cut psychosocial rehabilitation programs that serve adults with severe mental disabilities. The measure would also see cuts to dental, chiropractic and vision care for some adults. At the height of the Statehouse debate, BW visited with Chris, a young adult male who said he'd rather have PSR services than food.
Today the Senate State Affairs Committee tabled HB 222, known casually as the Guns-on-Campus Bill.
According to reports from the Spokesman Review and the Associated Press, Senate Majority Leader Bart Davis countered a law student speaking in favor of this bill with this statement:
My 23-year-old son was shot eight years ago last week by a concealed weapon permit holder. Both BSU students. Off campus, at a college environment. I know for you, that you served our country nobly, I thank you for it. I trust you. But there are others that I have concerns about. This is not an intellectual exercise for me and my family.
The bill, which would have prevented Idaho's public universities from banning guns on campus other than in undergrad residence halls, had been passed in the House last week following almost two hours of arguments.