2000 Legislation
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HOUSE BILL NO. 414, As Amended – Juveniles/escape custody/apprehensn

HOUSE BILL NO. 414, As Amended

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Daily Data Tracking History



H0414aa......................................................by MR. SPEAKER
             Requested by:  Department of Juvenile Corrections
JUVENILES - Amends existing law to allow the director of the Department of
Juvenile Corrections to issue an order for the apprehension and detention
of juveniles who have escaped from the custody of the department.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Jud
02/02    Rpt out - to Gen Ord
02/07    Rpt out amen - to engros
02/08    Rpt engros - 1st rdg - to 2nd rdg as amen
02/09    2nd rdg - to 3rd rdg as amen
02/14    3rd rdg as amen - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail(Miller), Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Geddes, Hornbeck, Linford, Mr Speaker
    Floor Sponsor - Moss
    Title apvd - to Senate
02/15    Senate intro - 1st rdg as amen - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg as amen
02/29    2nd rdg - to 3rd rdg as amen
03/24    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sorensen
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 105
         Effective: 07/01/00

Bill Text


 H0414
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 414, As Amended
                                                                        
                                       BY MR. SPEAKER
                      Requested by: Department of Juvenile Corrections
                                                                        
  1                                        AN ACT
  2    RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING CHAPTER 5, TITLE 20,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW SECTION 20-532A, IDAHO CODE, TO ALLOW THE
  4        DIRECTOR OF THE DEPARTMENT OF JUVENILE CORRECTIONS TO ISSUE AN ADMINISTRA-
  5        TIVE ORDER FOR THE  APPREHENSION  AND  DETENTION  OF  JUVENILES  WHO  HAVE
  6        ESCAPED FROM CUSTODY OF THE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  5,  Title  20, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 20-532A, Idaho Code, and to read as follows:
                                                                        
 11        20-532A.  ORDER  FOR  APPREHENSION AND DETENTION OF ESCAPEES FROM CUSTODY.
 12    Upon a finding by the Idaho department of juvenile corrections that a juvenile
 13    in the custody of the department has escaped from  custody,  a  written  order
 14    signed  by the director or his designee shall be a sufficient order for deten-
 15    tion for any law enforcement officer to apprehend and take into  custody  such
 16    person. It is hereby made the duty of all sheriffs, police, constables, parole
 17    officers,  prison  officials  and other peace officers, to execute such order.
 18    From and after the issuance of the detention order and until taken  into  cus-
 19    tody,  the escapee shall be considered a fugitive from justice. Upon apprehen-
 20    sion, the juvenile shall be detained in the closest available detention center
 21    and shall thereafter be transported by the department as soon as possible  or,
 22    at  the discretion of the detaining authority, the juvenile may be transported
 23    directly by that authority to the department's juvenile management center.
                                                                        
 24        SECTION 2.  This act shall be in full force and effect on and  after  July
 25    1, 2000.

Amendment


 AH0414
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Gould               
                                                                        
                                                     Seconded by Moss                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 414
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 16, following  "person"  delete  ",
  3    and  it"  and  insert:  ". It"; and in line 17, following "parole" delete "and
  4    probation".

Statement of Purpose / Fiscal Impact


                           STATEMENT  OF  PURPOSE
                            RS09356C2
                                  The Department has little effective ability to regain custody of
    escaped juvenile offenders. Allowing the Department's Director
    to issue an order for apprehension and detention would create a
    more responsive and effective system for dealing only with those
    juveniles in Department custody and would resemble the current
    system of Idaho Pardons and Parole Idaho, section 20-228, Idaho
    Code. 
  



                         FISCAL  IMPACT
The bill would reduce the Department's personnel time and cost spent trying to
track down escaped juveniles, by facilitating the issuance of orders for their
apprehension, and enlisting the support of law enforcement at the earliest stage
of escape.





CONTACT   
Name:     Brent Reinke
Agency:   Department of Juvenile Corrections
Phone:    334-5102

Statement of Purpose/Fiscal Impact                                    H0414