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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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