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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
case.
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
NAYS--None
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
S1300|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1300 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL SENTENCING; AMENDING SECTION 19-2601, IDAHO CODE, TO PRO- 3 VIDE THAT A COURT MAY SENTENCE A DEFENDANT TO MORE THAN ONE PERIOD OF 4 RETAINED JURISDICTION IN A CASE. 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: 8 19-2601. COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE -- PROBATION. 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 2 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
RS07487
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
Constitution.
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