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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