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H0716......................................................by STATE AFFAIRS DRUG OR MENTAL HEALTH COURT PROGRAM - Amends existing law to provide that a defendant may be discharged or a judgment amended upon a showing relating to the defendant's graduation from a drug court program or mental health court program and compliance with applicable probation terms and conditions. 02/22 House intro - 1st rdg - to printing 02/23 Rpt prt - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Boe, Garrett, Nonini, Sayler, Smith(24) Floor Sponsor - Hart Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Lodge Title apvd - to House 03/17 To enrol 03/20 Rpt enrol - Sp signed 03/21 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 104 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 716 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-2604, IDAHO CODE, TO PRO- 3 VIDE THAT A DEFENDANT MAY BE DISCHARGED OR A JUDGMENT AMENDED UPON A SHOW- 4 ING RELATING TO THE DEFENDANT'S GRADUATION FROM A DRUG COURT PROGRAM OR 5 MENTAL HEALTH COURT PROGRAM AND COMPLIANCE WITH ANY APPLICABLE PROBATION 6 TERMS AND CONDITIONS AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-2604, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-2604. DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. (1.) If sen- 11 tence has been imposed but suspended, or if sentence has been withheld, upon 12 application of the defendant and upon satisfactory showing that the defendant 13 has at all times complied with the terms and conditions upon which he was 14 placed on probation, or has successfully completed and graduated from an 15 authorized drug court program or mental health court program and has at all 16 times complied with the terms and conditions of probation during any period of 17 probation that may have been served following such graduation, the court may, 18 if convinced by the showing made that there is no longer cause for continuing 19 the period of probation, and if it be compatible with the public interest, 20 terminate the sentence or set aside the plea of guilty or conviction of the 21 defendant, and finally dismiss the case and discharge the defendant; and this 22 shall apply to the cases in which defendants have been convicted and granted 23 probation by the court before this law goes into effect, as well as to cases 24 which arise thereafter. The final dismissal of the case as herein provided 25 shall have the effect of restoring the defendant to his civil rights. 26 (2.) If sentence has been imposed but suspended during the first one hun- 27 dredandeighty (180) days of a sentence to the custody of the state board of 28 correction, and the defendant placed upon probation as provided in subsection 29 4. of section 19-2601, Idaho Code, upon application of the defendant, the 30 prosecuting attorney, or upon the court's own motion, and upon satisfactory 31 showing that the defendant has at all times complied with the terms and condi- 32 tions of his probation, or has successfully completed and graduated from an 33 authorized drug court program or mental health court program and has at all 34 times complied with the terms and conditions of probation during any period of 35 probation that may have been served following such graduation, the court may 36 amend the judgment of conviction from a term in the custody of the state board 37 of correction to "confinement in a penal facility" for the number of days 38 served prior to suspension, and the amended judgment may be deemed to be a 39 misdemeanor conviction. 40 (3.) Subsection (2) of this section shall not apply to any judgment of 41 conviction for a violation of the provisions of sections18-1506, 18-1507 or 42 18-1508, Idaho Code. A judgment of conviction for a violation of the provi- 43 sions of any section listed in this subsection shall not be expunged from a 2 1 person's criminal record.
STATEMENT OF PURPOSE RS 16065 Under Idaho Code 19-2604, criminal defendants who are placed on probation may have their convictions set aside if: (1) they have "at all times complied with the terms and conditions" of probation; (2) there is no longer cause for continuing probation; and (3) terminating probation and setting aside the conviction is compatible with the public interest. Similarly, defendants who are placed on retained jurisdiction (a "rider") and subsequently receive probation may have their felony convictions reduced to misdemeanors if they have "at all times complied with the terms and conditions" of probation. This bill would allow graduates of drug courts and mental health courts to seek the relief provided by this statute if they successfully complete the drug court or mental health court program and comply with all conditions of probation following their graduation. The persons admitted to drug court and mental health court have often committed violations of probation prior to their admission; in many cases, it is precisely those violations that lead to their admission to drug court and mental health court, and thus provide them with an opportunity to confront their problems and turn their lives around. Allowing these persons to have their convictions set aside or reduced following a completely satisfactory performance in drug court or mental health court would provide them with an added performance incentive and would enhance the effectiveness of these courts. FISCAL NOTE This bill would have no impact on the general fund. Contact Name: Patricia Tobias, Administrative Director of the Courts Phone:(208) 334-2246 STATEMENT OF PURPOSE/FISCAL NOTE H 716