2006 Legislation
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SENATE BILL NO. 1252 – Correction Bd, mental health courts

SENATE BILL NO. 1252

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Bill Status



S1252................................................by JUDICIARY AND RULES
MENTAL HEALTH COURTS - Amends existing law relating to the State Board of
Correction to provide references to mental health courts.
                                                                        
01/12    Senate intro - 1st rdg - to printing
01/13    Rpt prt - to Jud
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/26    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, 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 -- Geddes
    Floor Sponsor - Sweet
    Title apvd - to House
01/27    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 60-0-10
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
      Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Ringo, Roberts,
      Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail
      NAYS -- None
      Absent and excused -- Bedke, Black, Crow, Field(23), Garrett,
      Harwood, Pasley-Stuart, Wills, Wood, Mr. Speaker
    Floor Sponsor - McGeachin
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/22    Governor signed
         Session Law Chapter 143
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1252
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE BOARD OF  CORRECTION;  AMENDING  SECTION  20-227,  IDAHO
  3        CODE,  TO  REVISE DESCRIPTIVE LANGUAGE AND TO PROVIDE REFERENCES TO MENTAL
  4        HEALTH COURTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 20-227, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        20-227.  ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR MEN-
  9    TAL  HEALTH  COURT SUPERVISION WITHOUT WARRANT -- AGENT'S WARRANT -- DETENTION
 10    -- REPORT TO COMMISSION OR COURT. (1) Any  parole  or  probation  officer  may
 11    arrest  a  parolee,  probationer,  or person under drug court or mental health
 12    court supervision without a warrant, or may deputize any  other  officer  with
 13    power of arrest to do so, by giving such officer a written statement hereafter
 14    referred  to  as  an  agent's  warrant, setting forth that the parolee, proba-
 15    tioner, or person under drug court or mental health court supervision has,  in
 16    the  judgment  of said parole or probation officer, violated the conditions of
 17    drug court or mental health court or conditions of his parole or probation.
 18        (2)  Such  written  statement  or  agent's  warrant,  delivered  with  the
 19    parolee, probationer, or person under drug court or mental health court super-
 20    vision by the arresting officer to the official in charge of  the  institution
 21    from  which the parolee was released, the county jail or other place of deten-
 22    tion, shall be sufficient  warrant  for  the  detention  of  the  probationer,
 23    parolee, or person under drug court or mental health court supervision.
 24        (3)  The  agent's  warrant issued by the parole or probation officer shall
 25    be sufficient authorization for a local law enforcement officer  to  transport
 26    the  probationer,  parolee,  or person under drug court or mental health court
 27    supervision to the appropriate jurisdiction to be  housed  pending  appearance
 28    before the sentencing court or the commission.
 29        (4)  The parole and probation officer shall at once notify the commission,
 30    or the court, of the arrest and detention of the parolee, probationer, or per-
 31    son  under  drug court or mental health court supervision, and shall submit in
 32    writing a report showing in what manner the parolee,  probationer,  or  person
 33    under  drug  court  or mental health court supervision is alleged to have vio-
 34    lated the condition of his or her parole, probation, or drug court  or  mental
 35    health court program.
 36        (5)  In  counties  where there are misdemeanor probation officers in addi-
 37    tion to department of correction parole or probation officers, those  officers
 38    shall  have  the same authority conferred upon department of correction parole
 39    or probation officers in this section, to  arrest  a  misdemeanor  probationer
 40    without  a  warrant  for  misdemeanor  probation  violations  occurring in the
 41    officer's presence as otherwise provided in this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 15475

     This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution.  It would extend the
provisions of Idaho Code  20-227 to mental health courts.  This
statute provides that parole and probation officers have the
authority to arrest persons under drug court supervision without a
warrant, or to authorize another officer to make such arrest, when
in the judgment of the parole or probation officer the person has
violated the conditions of drug court or of the parole or
probation.  In 2005, the Legislature amended the Idaho Drug Court
Act to extend its provisions to mental health courts; the act was
retitled the Idaho Drug Court and Mental Health Court Act.  This
bill would follow up on that enactment by extending the arrest
powers of parole and probation officers to persons under the
supervision of mental health courts.


                           FISCAL NOTE

     This bill will 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                        S 1252