[Vision2020] (Vision 2020) Say What?????

Wayne Price bear at moscow.com
Tue Mar 30 17:20:31 PDT 2010


Listee's,

The unknown in this deal is what is the judge going to do? For  
instance, 15+ 15+ 25 = 55 years (IF maximums are imposed), IF they run  
consecutively. BUT, 15, 15 and 25 running concurrently is a MAX of 25  
minus time for good behavior........so less than 25.


On Mar 30, 2010, at 5:09 PM, Ron Force wrote:

> With all due consideration to the justifiable outrage, we really  
> don't know the circumstances of the crime, as the perpetrator was  
> the only witness. A defense attorney could argue that her death was  
> the result of a domestic argument, her killing was in a moment of  
> rage (second degree),  and his subsequent actions were done in a  
> panic.  The minimum penalty for second degree homicide is less than  
> the maximum for voluntary manslaughter:
>
> From the Idaho Code on Criminal Penalties:
>   1.  Voluntary--by a fine of not more than fifteen thousand dollars
> ($15,000), or by a sentence to the custody of the state board of  
> correction
> not exceeding fifteen (15) years, or by both such fine and  
> imprisonment.
> If a jury, or
> the court if a jury is waived, does not find a statutory aggravating
> circumstance beyond a reasonable doubt or if the death penalty is  
> not sought,
> the court shall impose a life sentence with a minimum period of  
> confinement of
> not less than ten (10) years during which period of confinement the  
> offender
> shall not be eligible for parole or discharge or credit or reduction  
> of
> sentence for good conduct, except for meritorious service. Every  
> person guilty
> of murder of the second degree is punishable by imprisonment not  
> less than ten
> (10) years and the imprisonment may extend to life.
>
> By adding the maximum sentences for the lesser crimes, he may serve  
> more time than if convicted of first degree murder.
>
> The prosecutor has to balance the likely outcome of a trial with the  
> cost to the county's budget.  If he can get a plea that imposes an  
> equivalent punishment without the cost of a trial, he may think it a  
> desirable outcome.
> Murder trials are expensive, and the Idaho public, while desirous of  
> harsh justice, does not seem to wish to tax themselves in a manner  
> to achieve it.
>
> Ron Force
> Moscow, ID USA
>
>
> From: Shirley Ringo <ringoshirl at moscow.com>
> To: vision2020 at moscow.com
> Sent: Tue, March 30, 2010 9:43:01 AM
> Subject: [Vision2020] final legislative report from Shirley Ringo
>
> Visionaries:
>
> This legislative session was a difficult one – adversely affected by  
> choices made at the very beginning.  We had to deal with challenges  
> presented by a struggling economy – the choices set the tone.  A  
> reasonable, multi-pronged approach should have included finding  
> efficiencies, responsible budget cuts, and carefully crafted revenue  
> enhancements.  My membership on the Joint Finance and Appropriations  
> Committee (JFAC) gives me access to budget decisions, but we were  
> severely limited by lack of revenue enhancements and a low revenue  
> projection accepted by the majority.
> I objected strenuously to the stingy appropriations for k-12  
> education and colleges and universities.  My colleagues on JFAC and  
> I offered ideas for improving those budgets, but did not get support  
> from the majority.  With the economic downturn, we expect higher  
> Medicaid caseloads.  In addition, the numbers of inmates in the  
> corrections system are increasing.  In my opinion, the limited funds  
> we appropriated in this session are simply not going to work.   
> Unless we see a quick improvement in revenues, I would foresee huge  
> problems in Medicaid, Mental Health Services, Public Health  
> Services, and Corrections budgets.
>
> I worked to improve transparency and contract procedures involved in  
> the Idaho Education Network.  Due to the Governor’s strong support  
> of the status quo, this was not an easy task.  I will watch closely  
> to see if this improves.
>
> There was legislation I was happy to support:
>
>                 The Child Protection Act made guardian ad lidem  
> provisions to improve advocacy for the best interest of the child.
>
> Senate Bill 1382 provides a process for a court to use when deciding  
> whether or not to grant de facto custodian status to a grandparent  
> or other relative.  It establishes standards
>
>                 to apply when considering whether to award custody  
> rights to a de facto custodian.
>
>                 We removed complications that arose a year ago  
> regarding vaccines for insured and non-insured children.  Now  
> vaccines will be available at federal rates for all children, and  
> the physician
>
>                 may carry one stock of vaccine supplies.
>
>                 We increased the non-point source limit on State  
> Revolving Fund loans from 5% of the total state revolving loan fund  
> to 20% in order to meet the federal Green Infrastructure
>
>                 requirements.
>
>                 People with epilepsy who control seizures using  
> prescription drugs sometimes suffer ill effects when the formulation  
> of an anti-epileptic drug is changed.  We enacted legislation that
>
>                 provides that if pharmacists change the product,  
> they shall notify the physician and the patient.
>
> I believe there was legislation that wasted time or, worse, will  
> cost the state by bringing litigation:
>
>                 The Firearms Freedom Act provides that firearms and  
> ammunition manufactured in Idaho using parts manufactured in Idaho  
> will be exempt from federal law or regulations.  This passed
>
>                 despite the Idaho Attorney General’s opinion that it  
> is likely unconstitutional.
>
>                 The Freedom of Conscience for Healthcare  
> Professionals provides that no healthcare professional shall be  
> civilly, criminally, or administratively liable for declining to  
> provide healthcare
>
>                 services that violate his or her conscience.
>
>                 The Health Freedom Act states that every person in  
> Idaho is free from government compulsion in the selection of Health  
> Insurance Options.
>
>                 A resolution urges Congress to Amend the Tenth  
> Amendment of the United States Constitution to limit the role of the  
> federal government as it relates to states.
>
>                 Legislation failed that would declare the Idaho  
> Giant Salamander as the official state amphibian.
>
> A House Bill to provide penalties for texting while driving was  
> amending in the Senate.  The final proposal provided:
>
>                 First violation an infraction with a fine of $50;
>
>                 Second and subsequent violations where there is no  
> property damage or injury, an infraction with a fine of $100;
>
>                 A violation where there is property damage or  
> injury, a fine of not more than $300, or up to 90 days in jail, or  
> both.  This is classified as a misdemeanor.
>
> The House narrowly approved the amended version, but because we had  
> to hurry the process to meet our planned adjournment, a 2/3  
> favorable vote was needed to consider the bill.  We did not get the  
> required 2/3, so the bill died.
>
> My JFAC duties are demanding.  When budget setting begins, our first  
> meeting each day is at 7 AM.  JFAC meetings are followed by the  
> house session, and I have a committee meeting most afternoons.  In  
> addition, it is my pleasure to work with constituents to prepare  
> legislation for them.  We successfully obtained a special license  
> plate for the Selway-Bitterroot Foundation to advertise their  
> program and obtain additional funding for their stewardship  
> efforts.  The Public Employees needed to change the Bribery and  
> Corruption code so they can offer an award, including one of  
> economic significance as part of an employee recognition program, so  
> we addressed that with legislation.  I joined two colleagues to pass  
> legislation to prohibit the use of severance pay for public  
> employees, including payment by the employer for the purchase of  
> membership services into the Public Employee Retirement System.
>
> I hope my service meets your expectations, and am happy to answer  
> questions and offer assistance where possible.
>
> Representative Shirley Ringo
>
>
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