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S1423................................................by JUDICIARY AND RULES
COUNTY MISDEMEANOR - PROBATION - Adds to existing law to provide for a
county misdemeanor probation supervision fee, to provide the amount of the
fee, to provide the effect of failure to pay the fee, to specify the fund
into which fees shall be deposited and to provide the purposes for which
the fees may be used.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 34-0-1
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, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsors - Deide, Risch
Title apvd - to House
02/23 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 67-2-1
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, 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, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Barrett, Stoicheff
Absent and excused -- Newcomb
Floor Sponsor - Clark
Title apvd - to Senate
03/16 To enrol
03/18 Rpt enrol - Pres signed
03/19 Sp signed - to Governor
03/20 Governor signed
Session Law Chapter 144
Effective: 07/01/98
S1423|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1423 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO COUNTIES; AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 31-3201D, IDAHO CODE, TO PROVIDE FOR A COUNTY MISDE- 4 MEANOR PROBATION SUPERVISION FEE, TO PROVIDE THE AMOUNT OF THE FEE, TO 5 PROVIDE THE EFFECT OF FAILURE TO PAY THE FEE, TO SPECIFY THE FUND INTO 6 WHICH FEES SHALL BE DEPOSITED AND TO PROVIDE THE PURPOSES FOR WHICH THE 7 FEES MAY BE USED. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 32, Title 31, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 31-3201D, Idaho Code, and to read as follows: 12 31-3201D. COUNTY MISDEMEANOR PROBATION SUPERVISION FEE. Any person under 13 a supervised probation program for a misdemeanor offense shall be required to 14 pay not more than thirty-five dollars ($35.00) per month, or such lesser sum 15 as determined by the administrative judge of the judicial district, as a mis- 16 demeanor probation supervision fee. Any failure to pay such fee shall consti- 17 tute grounds for the revocation of probation by the court, but this shall not 18 be the exclusive remedy for its collection. The court for good cause may 19 exempt a person from the payment of all or any part of the foregoing fee. 20 The fee imposed under this section shall be paid to the clerk of the dis- 21 trict court for deposit into the county misdemeanor probation fund which is 22 hereby created in each county, or at the option of the board of county commis- 23 sioners, deposited in the county justice fund to be used for the purposes 24 described in this section. Moneys from this fee may be accumulated from year 25 to year and shall be expended exclusively for county misdemeanor probation 26 services and related purposes.
STATEMENT OF PURPOSE
RS 07877
This bill is one of a series of bills that the Justices of the
Supreme Court transmitted to the Governor in their annual "defects in
the laws" report under Art. 5, Sec. 25 of the Idaho Constitution.
In 1984, the legislature enacted I.C. ยง 20-225 which provides for
a maximum monthly fee of $35.00 to be paid by persons placed on state
supervised probation and parole for felony crimes as administered by
the State Department of Corrections.
There is no equivalent provision to require persons placed on
county supervised probation for misdemeanor crimes to contribute part
of the cost of county probation programs.
This bill, if enacted, will require defendants placed on
supervised probation for misdemeanor offenses to pay a monthly fee of
$35.00 or a lesser amount as determined by the administrative district
judge of each judicial district.
FISCAL NOTE
The fee that may be imposed by a county under this bill ranges
from $0 to $35, depending on the availability of other county
resources, the level of supervision exercised by a county probation
department, and the number of high-risk misdemeanors that are
sentenced to supervised probation each year in a county. Some counties
do not yet provide a misdemeanor probation program and may elect not
to impose the fee. Based on a projection of the number of cases that
could be referred to supervised probation, estimating an average fee
of $20, and considering the percentage of cases where the fee will be
waived or is uncollectible because of indigency, the average annual
revenue per county from this bill is estimated to be $50,181. These
funds will be deposited into a specially created county misdemeanor
probation fund or the county justice fund for county probation
programs.
Contact Person: Patricia Tobias
Administrative Director of the Courts
Idaho Supreme Court (208) 334-2246
Statement of Purpose/Fiscal Note S 1423