LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
First Regular Session - 2019
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 118
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

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AN ACT
RELATING TO CRIMINAL PROCEDURE; AMENDING CHAPTER 19, TITLE 19, IDAHO CODE,
BY THE ADDITION OF A NEW SECTION 19-1910, IDAHO CODE, TO DEFINE TERMS AND
TO PROVIDE CERTAIN REQUIREMENTS AND RESTRICTIONS FOR PRETRIAL RISK ASSESSMENT ALGORITHMS; AND PROVIDING SEVERABILITY.

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Be It Enacted by the Legislature of the State of Idaho:

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SECTION 1. That Chapter 19, Title 19, Idaho Code, be, and the same is
hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 19-1910, Idaho Code, and to read as follows:

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19-1910. PRETRIAL RISK ASSESSMENT ALGORITHMS. (1) As used in this section:
(a) "Free of bias" means that an algorithm has been formally tested and
shown to predict successfully at the same rate for those in protected
classes as those not in protected classes, and the rate of error is balanced as between protected classes and those not in protected classes.
(b) "Pretrial risk assessment algorithm" means a process that creates
and scores particular factors that have been shown to correlate with
failing to appear in court or committing a new crime while out on bail,
in order to then classify a person into a particular category of risk or
to make recommendations as to bail and conditions of release based on
such risk, whether made on an individualized basis or based on a grid or
schedule.
(2) Pretrial risk assessment algorithms shall not be used in the state
of Idaho by the state or any political subdivision of the state until first
shown to be free of bias against any class of individuals protected from discrimination by state or federal law.
(3) The state or any political subdivision using a pretrial risk assessment algorithm must first have formally validated such assessment as
having been free of bias and must post a validation report on its website and
make it otherwise open to public inspection.
(4) All pretrial risk assessment algorithms shall be transparent, and
all documents, records, and information used to build or validate the risk
assessment shall be open to public inspection, auditing, and testing. No
builder or user of a pretrial risk assessment algorithm may assert trade secret or other protections in order to quash discovery in a criminal matter by
a party to a criminal case.
SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
to be severable and if any provision of this act or the application of such
provision to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of the remaining portions of
this act.