1998 Legislation
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SENATE BILL NO. 1300 – Defendant/sentence/retained jurisdn


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Daily Data Tracking History

S1300................................................by JUDICIARY AND RULES
DEFENDANTS - SENTENCE - Amends existing law to provide that a court may
sentence a defendant to more than one period of retained jurisdiction in a

01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Jud
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Thorne,
      Wheeler, Whitworth
      Absent and excused--Stennett, Sweeney, Twiggs
    Floor Sponsor - Diede
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, 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, Henbest, Hornbeck, Jaquet, Jones(22),
      Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
      Newcomb, Pomeroy, Reynolds, Richman, Ridinger, Robison, Sali,
      Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
      Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Hansen, Jones(9), Jones(20), Pischner,
      Mr Speaker
    Floor Sponsor - Gould
    Title apvd - to Senate
03/13    To enrol
03/16    Rpt enrol - Pres signed
    Sp signed
03/17    To Governor
03/18    Governor signed
         Session Law Chapter 67
         Effective: 07/01/98

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1300

                             BY JUDICIARY AND RULES COMMITTEE

 1                                        AN ACT

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

 6        SECTION  1.  That  Section 19-2601, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 9    Whenever  any  person shall have been convicted, or enter a plea of guilty, in
10    any district court of the state of Idaho, of or to any crime against the  laws
11    of  the state, except those of treason or murder, the court in its discretion,
12    may:
13        1.  Commute the sentence and confine the defendant in the county jail, or,
14    if the defendant is of proper age, in the state juvenile  corrections  center;
15    or
16        2.  Suspend  the  execution  of the judgment at the time of judgment or at
17    any time during the term of a sentence  in  the  county  jail  and  place  the
18    defendant  on  probation under such terms and conditions as it deems necessary
19    and expedient; or
20        3.  Withhold judgment on such terms and for such time as it may  prescribe
21    and may place the defendant on probation; or
22        4.  Suspend the execution of the judgment at any time during the first one
23    hundred  eighty  (180) days of a sentence to the custody of the state board of
24    correction. The court shall retain jurisdiction  over  the  prisoner  for  the
25    first  one  hundred eighty (180) days or, if the prisoner is a juvenile, until
26    the juvenile reaches twenty-one (21) years of age. The  prisoner  will  remain
27    committed  to the board of correction if not affirmatively placed on probation
28    by the court. Placement on probation shall be under such terms and  conditions
29    as  the court deems necessary and expedient.  The court in its discretion
30    may sentence a defendant to more than one (1) period of retained  jurisdiction
31    after  a  defendant  has been placed on probation in a case.  In no case
32    shall the board of correction or its agent, the department of  correction,  be
33    required to hold a hearing of any kind with respect to a recommendation to the
34    court  for the grant or denial of probation. Probation is a matter left to the
35    sound discretion of the court. Any recommendation made by  the  department  to
36    the  court regarding the prisoner shall be in the nature of an addendum to the
37    presentence report. The board of correction and its agency, the department  of
38    correction,  and their employees shall not be held financially responsible for
39    damages, injunctive or declaratory relief for any recommendation made  to  the
40    district court under this section.
41        5.  If  the crime involved is a felony and if judgment is withheld as pro-
42    vided in subsection 3. of this section or if judgment and a sentence  of  cus-
43    tody  to the state board of correction is suspended at the time of judgment in


 1    accordance with subsection 2. of this section or as provided by subsection  4.
 2    of  this  section  and  the court shall place the defendant upon probation, it
 3    shall be to the board of correction or any other person or persons the  court,
 4    in its discretion, deems appropriate.
 5        6.  If the crime involved is a misdemeanor, indictable or otherwise, or if
 6    the court should suspend any remaining portion of a jail sentence already com-
 7    muted  in  accordance  with  subsection  1.  of this section, the court, if it
 8    grants probation, may place the defendant on probation.
 9        7.  The period of probation ordered by a court under this section under  a
10    conviction  or  plea of guilty for a misdemeanor, indictable or otherwise, may
11    be for a period of not more than two (2) years; and under a conviction or plea
12    of guilty for a felony the period of probation may be for a period of not more
13    than the maximum period for which the defendant might have been imprisoned.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
    This bill is one of a series of bills that the Justices of the 
    Supreme Court transmitted to the Governor in their annual "defect:s 
    in the laws', report under Art. 5, Sec. 25 of the Idaho 
    Section 19-2601, Idaho Code, provides that a court may retain 
    jurisdiction over a defendant sentenced to the State Board of 
    Correction for a period of 180 days and may, if appropriate, suspend 
    the remainder of the sentence and place the defendant on probation.
    This bill, if enacted, will clarify that a court may sentence a 
    defendant to more than one period of retained jurisdiction in a case 
    thereby giving the judge added flexibility in fashioning an 
    appropriate sentence.
                               FIB SCAL NOTE
    The impact of this bill on state or local funds will be 
    negligible and may result in a slight cost savings in state 
    prison costs.
    Contact: Patricia Tobias, 
    Administrative Director of the Courts 
    Idaho ',upreme Court (208) :334-2246
    Statement of Purpose/Fiscal Note
    S 1300