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S1045................................................by JUDICIARY AND RULES
PAROLE/PROBATION - Amends existing law to provide for issuance of an
agent's warrant by a probation or parole officer which authorizes local law
enforcement officers to transport to the appropriate jurisdiction a parolee
or probationer who is alleged to have violated the terms of his parole or
probation.
01/25 Senate intro - 1st rdg - to printing
01/26 Rpt prt - to Jud
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--King, Stennett
Floor Sponsor - Darrington
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 62-3-5
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Henbest, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Tilman, Tippets, Trail, Watson, Wheeler,
Zimmermann, Mr Speaker
NAYS -- Barrett, Hansen(29), Wood
Absent and excused -- Hornbeck, Meyer(Duncan), Ridinger, Taylor,
Williams
Floor Sponsor - Ellsworth
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 300
Effective: 07/01/99
S1045|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1045 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO ARREST OF PAROLEE OR PROBATIONER WITHOUT WARRANT; AMENDING SECTION 3 20-227, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF AN AGENT'S WARRANT TO 4 AUTHORIZE LOCAL LAW ENFORCEMENT OFFICERS TO TRANSPORT PERSONS ALLEGED TO 5 HAVE VIOLATED CONDITIONS OF PAROLE OR PROBATION AND TO MAKE TECHNICAL COR- 6 RECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 20-227, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-227. ARREST OF PAROLEE OR PROBATIONER WITHOUT WARRANT -- AGENT'S 11 WARRANT -- DETENTION -- REPORT TO COMMISSION OR COURT. (1) 12 Any parole or probation officer may arrest a parolee or probationer without 13 a warrant, or may deputize any other officer with power of arrest to do so, by 14 givinghimsuch officer a written statement 15 hereafter referred to as an agent's warrant, setting forth that the 16 parolee or probationer has, in the judgment of said parole or probation offi- 17 cer, violated the conditions of his parole or probation. 18 (2) Such written statement or agent's warrant , 19 delivered with the parolee or probationer by the arresting officer to the 20 official in charge of the institution from which the parolee was released, the 21 county jail or other place of detention, shall be sufficient warrant for the 22 detention of the probationer or parolee. 23 (3) The agent's warrant issued by the parole or probation officer 24 shall be sufficient authorization for a local law enforcement officer to 25 transport the probationer or parolee to the appropriate jurisdiction to be 26 housed pending appearance before the sentencing court or the commission. 27 (4) The parole and probation officer shall at once notify the com- 28 mission, or the court, of the arrest and detention of the parolee or proba- 29 tioner, and shall submit in writing a report showing in what manner the 30 parolee or probationer is alleged to have violated the condition of his or her 31 parole or probation. 32 (5) In counties where there are misdemeanor probation offi- 33 cers in addition to department of correction parole or probation officers, 34 those officers shall have the same authority conferred upon department of cor- 35 rection parole or probation officers in this section, to arrest a misdemeanor 36 probationer without a warrant for misdemeanor probation violations occurring 37 in the officer's presence as otherwise provided in this section.
STATEMENT OF PURPOSE
RS08502
The current Idaho Code Section 20-227, is not clear regarding
the status of a person arrested on an Agent's Warrant for
violation of court-imposed terms of release. Under current
procedures, the probationer is housed in the local jail while
a warrant of arrest is sought from the district court in the
sentencing county. This process can often take weeks to
accomplish, and costs the host county money and jail space.
Additionally, the probationer has to wait in jail until the
sentencing court signs the warrant and transport can be
arranged. The purpose of this amendment is to make the law
plain that an Agent's Warrant will be adequate authority to
transport the arrested probationer to the jurisdiction where
he or she was originally sentenced for further proceedings
before the court.
FISCAL NOTE
This legislation will have no impact on the general fund.
CONTACT: Monte MacConnell
Ada County Sheriff's Office
377-6703
Dennis Dexter
Cassia County Sheriff's Office
677-l000
STATEMENT OF PURPOSE/ FISCAL NOTE S1045