1999 Legislation
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SENATE BILL NO. 1045 – Parole, terms violated, warrant

SENATE BILL NO. 1045

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Daily Data Tracking History



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

Bill Text


S1045


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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    giving  him   such 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 / Fiscal Impact


                       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