Sen. Melissa Wintrow, D-19

Sen. Melissa Wintrow, D-Boise, drafted the legislation to address a long-standing inconsistency in the law that can be tied to outdated and sexist attitudes that wives were “property” of their husbands. In Idaho, exemptions to rape based on marriage were first introduced in 1977 and modified overtime. 

“As times change, so do attitudes and values; our laws should reflect those changing values. The unanimous vote speaks loudly that no one should be given a pass to commit a crime based on a relationship for actions that are otherwise criminal,” Wintrow said.

The bill now moves to the governor’s desk for consideration. It was carried in the House by Rep. Colin Nash, D-Boise, and also passed the Senate unanimously in March.

The bill’s passage coincides with Sexual Assault Awareness Month, and it is the seventh piece of legislation Wintrow has sponsored in a body of work related to addressing sexual violence in the state. Others include how we process, track and preserve sexual assault kit evidence in Idaho, as well as extending civil protection orders to victims of sexual assault, which was introduced in 2019 but held in committee due to inference of a special interest group. 

“It’s important to work with stakeholders to continue our work to address problems in statute and to identify funding sources for education and prevention measures,” Wintrow said. “Rape is rape no matter who you are or what relationship you are in.”

Rep. Brooke Green, District 18

In early December, Ada County Commissioner was forced to leave her office in the middle of a health district meeting, panic-stricken, due to a mob of angry people outside her home, with only her 12-year-old son inside at the time.

In late April, an agitated crowd assembled outside a Meridian police officer’s house to protest an arrest he had made earlier that day. The officer’s address was publicly disseminated, encouraging a group to gather there and harass the officer and his family.

Another incident took place in late August, when several of the Boise City Council members woke to find drawings of butterflies on the bottom of their driveway from activists who, in the midnight hour, found it appropriate to express their displeasure of their recent vote to increase spending for the Boise Police Department.

This is not protest, it is intimidation. Making one’s point does not require holding civil servants captive in their homes while instilling fear for them and their families’ safety. Showing up at someone’s home is an attempt to accomplish political ends through intimidation — as history has documented — and this is true whether the crowd arrives carrying torches or daisies. Crowds outside of homes pointed out vulnerabilities that such picketers could exploit long before the assault on Congress on January 6 reminded us of the danger angry mobs represented. Intimidation isn’t a form of democratic expression — it’s mob rule.

Rep. Greg Chaney, District 10

That’s why we came together to introduce bipartisan legislation to draw a distinction between protest and vigilantism by criminalizing targeted picketing of people’s homes. Intimidation has become the weapon of choice of the fringe elements on the right and the left and it affects more than just civil servants: these bullies make the political process an unwelcome place for any of their fellow citizens who might disagree with them — silencing the voices of the strong majorities of Republicans, Democrats, and Independents who don’t share their extremism.

Our traditions of civil discourse are incompatible with mob rule; defending every citizens’ right to have their voices heard requires a bold stance against the intimidation tactics that threaten that right. Together, we’re proud to take a meaningful step in defense of rationality by protecting the sanctity of the home through our shared legislation.

Senate Minority Leader Sen. Michelle Stennett, D-Ketchum, and House Minority Leader Rep. Ilana Rubel, D-Boise, discussed potential legislation with members of the media during the event, and also issued a response to Gov. Brad Little’s State of the State address, which had been delivered earlier in the Capitol’s Lincoln Auditorium.

The pair said the main priorities for the Idaho Joint Democratic Caucus included legislation to ensure fair taxes, affordable health care, access to quality education, criminal justice reform, and economic prosperity.

Both Stennett and Rubel said they, along with the other members of the caucus, looked forward to working with the governor and Republican lawmakers to find bipartisan solutions to provide a better quality of life for all Idahoans, especially working families, who’ve been critically impacted the ongoing COVID-19 pandemic.

“The Legislature must work together to represent the best interests of every Idahoan in our rapidly changing political, social, and economic environment — now more than ever,” Stennett said. “Our Democratic Caucus remains strong and committed to advocating on behalf of all Idahoans, not only those at the top of the economic ladder.”

“We think there is much opportunity for bipartisan progress this session to benefit the lives of Idahoans,” Rubel added. “And we are ready to work to make that happen during the 2021 Legislative Session.”

Sen. Nelson expressed his appreciation for the vigil and its organizers.

“George Floyd’s death is unacceptable and we cannot tolerate the excessive use of force by the Police.” Sen. Nelson said. “I deeply appreciate that our community has come together to demand justice for black communities in every part of the country. Idahoans across the state, including myself, are taking time to acknowledge the systemic, institutionalized racism that exists in our communities. During this vigil, I am reflecting on my own privilege and examining the racism that exists at all levels of society.”

“The vigil is a peaceful, safe event that gives Idahoans a place to mourn the loss of fellow human beings and imagine a better, less violent future. The organizers have been very responsible by encouraging participants to bring masks and social distance to avoid any coronavirus spread. They are also encouraging attendees to donate money to bail out funds to help individuals in other states. I could not be prouder of District 5 and I am honored to serve as their Senator.”

“Over the interim, I have been working closely with the ACLU of Idaho to educate legislators and the public on the importance of Fair Chance Employment.” Sen. Buckner-Webb explained. “There are thousands of unfilled jobs in Idaho that are important to the success of our communities, but businesses are coming to the legislature again and again telling us that they can’t find people to fill their open positions. We will be adding thousands of qualified, hard-working applicants back to the job pool if we stop turning away formerly-incarcerated Idahoans.”

Employers will still be allowed to ask about criminal history, but only after an initial review of their application and an interview.

“I want employers to see the skills that formerly-incarcerated Idahoans have before they turn them away. If someone’s past record will impact their job performance, then an employer still has the opportunity to change their mind.”

“Fair Chance Employment benefits everyone in the community. When we get jobs filled, our economy performs better. When we get formerly incarcerated Idahoans into steady employment, they have better access to housing and food, which discourages reoffending. When Idahoans have paid their debt to society, they deserve opportunities to reenter society and start giving back to the community.”

Often those affected are friends or family members who committed relatively minor offenses, learned their lesson, and are ready to move on with their lives. Unfortunately, these records will follow them forever, and can severely affect their ability to find housing or a job. Inquiries into their criminal record will follow them to every job and housing application, and can be the first and last question that companies ask before turning them away. The resulting higher rates of unemployment, underemployment and homelessness for these individuals actually increases the risk that they will reoffend. With no money and no roof over their head, it’s no surprise that Idaho’s recidivism rate is 35% for felony offenders.

In Idaho, if you were 18 or over at the time of the offense, everything on your record, even misdemeanors, stays in public view to your dying day. The majority of states don’t operate this way. In fact, 41 states and the District of Columbia offer some mechanism for record-sealing for adults, and it has proven successful. The most comprehensive study we could find showed that for those with relatively minor offenses who had gone several years without reoffending and then had their record sealed, they were 22% more likely to be employed, and if previously employed their wages were 25% higher after sealing. Most importantly, this was accomplished with no threat to public safety; in fact there was substantial benefit. The recidivism rates for these former offenders were extremely low, and arrest rates for those with sealed records were actually 29% lower than those of the public at large. Remember Idaho’s 35% felony recidivism rate? This study showed a 1% felony recidivism rate for those who had successfully had their records sealed. It turns out that, having been given a chance to get their lives back on track, they did not want to blow their opportunity by reoffending.

Only infractions, misdemeanors, and nonviolent felonies that fall below a defined threshold would be sealed. This means those with a need to know, like law enforcement and judges, would still have access to ensure repeat offenders are accounted for. The point is to better define when justice has been served and allow individuals to move on with their lives.
We think it’s time for Idaho to seriously start addressing reform of our criminal justice system. Many of these folks deserve a real second chance, but we continue to hand out these collateral life sentences. We are proposing legislation referred to as a “Clean Slate” bill that would allow those who have committed non-violent, non-sexual offenses, who have completed their sentence (including probation and parole) and who have gone at least three years without reoffending to petition a court to have their public record sealed. If they can make their case to the judge that they are no longer a threat to society, they can earn a real shot at getting their lives back on track.

With the cost of our correctional system being second only to education in our state, it is time to consider different approaches to enable those who have paid their price to society move forward. We need those with criminal records to succeed, not reoffend. Taxpayers are footing the bill every time a person is reincarcerated in our already overburdened prisons, and it’s better for all of us when more of our citizens are employed. Instead of setting former offenders up for a life of frustration and desperation that may push them to commit another crime, let’s work to remove barriers to employment and empower them to learn from their mistakes.

Sen. Burgoyne introduced the legislation with the purpose of starting a conversation about shifting the focus from prosecution and punishment to treatment of drug abuse in Idaho.

“I have heard from many of my constituents that there are too many people in Idaho prisons,” Sen. Burgoyne explained. “Idaho has a drug addiction problem and we cannot arrest our way out of it. To be clear, I am not asking that we legalize drug use, but we should consider decriminalization. We need to start treating drug addiction with robust rehabilitation. I am hopeful that my legislation will start the conversation with lawmakers, law enforcement, and others about how we treat Idahoans, especially young Idahoans, who are suffering from drug addiction.”

Senator Burgoyne’s bill repeals the current prohibition on civil commitments for drug abuse to remove one of the current barriers to effective treatment. The bill does not excuse crimes that might be associated, arise from, or co-occur with illegal drug use, and it retains prohibitions in Idaho law on 1) using and being under the influence in a public place, 2) drug trafficking (while adding an intent to deliver requirement), and 3) driving under the influence.

Sen. Burgoyne plans to bring another criminal justice bill in the form of a constitutional amendment. The proposed amendment would allow law enforcement officers to make warrantless misdemeanor arrests based on probable cause when the offense in question is not committed in an officer’s presence.

“Last June, the Idaho Supreme Court ruled in State v. Clarke that such arrests are unconstitutional unless the crime was witnessed by law enforcement.” Sen. Burgoyne said. “The legislature needs to have an open and thorough discussion about the significant changes that Clarke will cause. As long as I can remember, law enforcement was able to make warrantless misdemeanor arrests based on probable cause even if the office did not witness the alleged crime.”

In the State v. Clarke ruling, Judge Horton wrote “We are mindful of the significance of this conclusion. ‘Domestic violence is a serious crime that causes substantial damage to victims and children, as well as to the community. Idaho Code section 19-603(6) permits peace officers to use their arrest powers to intervene in domestic violence situations, even though they have no personally observed the commission of a crime, and to thereby defuse potentially violent circumstances.”