1998 Legislation
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HOUSE BILL NO. 677, As Amended – Probation/parole supervision, pymt

HOUSE BILL NO. 677, As Amended

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Daily Data Tracking History



H0677aa..............................by JUDICIARY, RULES AND ADMINISTRATION
PROBATION/PAROLE SUPERVISION - Amends existing law to provide that any
person under state probation or parole supervision shall be required to pay
not more than $85.00 nor less than $40.00 per month as determined by the
Board of Correction, to delete the examination requirement for an
employment handicap exemption and to provide an additional exemption.

02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/26    Rpt out - to Gen Ord
03/06    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 64-3-3
      AYES -- Alltus, Barraclough, Bieter, Bivens, Black(15), Black(23),
      Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
      Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tippets, Trail,
      Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Barrett, Sali, Stoicheff
      Absent and excused -- Bell, Crow, Tilman
    Floor Sponsor - Tippets
    Title apvd - to Senate
03/12    Senate intro - 1st rdg as amen - to Jud

Bill Text


H0677


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                              HOUSE BILL NO. 677, As Amended

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO PROBATION AND PAROLE; AMENDING SECTION 20-225, IDAHO CODE, TO PRO-
 3        VIDE THAT ANY PERSON UNDER STATE PROBATION OR PAROLE SUPERVISION SHALL  BE
 4        REQUIRED TO PAY NOT MORE THAN EIGHTY-FIVE DOLLARS NOR LESS THAN FORTY DOL-
 5        LARS  PER  MONTH  AS  DETERMINED BY THE BOARD OF CORRECTION, TO DELETE THE
 6        EXAMINATION REQUIREMENT FOR AN EMPLOYMENT HANDICAP EXEMPTION AND  TO  PRO-
 7        VIDE AN ADDITIONAL EXEMPTION.

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

 9        SECTION  1.  That  Section  20-225, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        20-225.  PAYMENT FOR COST OF SUPERVISION.  Except as  otherwise  pro-
12    vided  in  this section, a  A ny person under state probation
13    or parole supervision shall be required to  contribute     pay
14    an amount of  not more than  thirty   eighty -five
15    dollars  ($  3    8  5.00)  per month nor less than
16    forty dollars ($40.00)  per month as determined by the board of  correc-
17    tion.  Any  failure  to pay such contribution shall constitute grounds for the
18    revocation of probation by the court or the revocation of parole by  the  com-
19    mission  for  pardons  and parole. The division of probation and parole in the
20    department of correction may exempt a person from the payment of  all  or  any
21    part of the foregoing contribution if it finds any of the following factors to
22    exist:
23        (1)  The  offender  has  diligently  attempted  but  been unable to obtain
24    employment.
25        (2)  The offender has an employment handicap ,  as  determined  by  a
26    physical,  psychological,  or psychiatric examination  acceptable to the
27    division of probation and parole.
28         (3)  The offender, at the discretion of the  division  of  probation
29    and  parole,  is unable to pay the cost of supervision when added to court-or-
30    dered fees, treatment costs, victim restitution and child support obligations.
31    
32    Money collected as a fee for services will be  placed  in  the  probation  and
33    parole  receipts account, which is hereby created in the dedicated fund in the
34    state treasury, and utilized to provide supervision for clients. Moneys in the
35    probation and parole receipts account may be expended only after appropriation
36    by the legislature.

Statement of Purpose / Fiscal Impact


    





                           STATEMENT OF PURPOSE
    
                                 RS07943
    
    The Department of Corrections currently has the authority 
    to assess a fee of up to $35.00 per month to anyone on 
    probation or parole with exceptions that are listed in 
    Section 20-225. The money is used to offset the cost of 
    supervision. This legislation would require the 
    department, in those cases that are not exempted, to 
    assess a fee of not less than $40.00 per month, nor more 
    than $85.00 per month.
    
                               FISCAL NOTE
    
    Currently, offenders on probation or parole are charged 
    $30.00 per month toward the cost of their supervision, which 
    costs between $83.00 and $92.00 per month. Increasing the 
    portion of the cost charged to an offender to a minimum of 
    $40.00 per month would generate approximately $342,000 in 
    additional revenue per year. This would shift more of the 
    total cost of supervision to offenders, decreasing the 
    expense to the general fund by the same amount. This 
    estimate assumes that 44% of offenders would pay the $40.00 
    fee, compared to 79% of offenders currently paying the 
    $30.00 fee. Because the Department of Correction would 
    continue to collect and enforce the collection of the fee in 
    the same manner, there would be no additional cost to 
    administer an increased charge to offenders.
    
    CONTACT: Representative John Tippets
              332-1000
              
    
    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 677