2000 Legislation
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HOUSE BILL NO. 439 – Detentn officer/peace officr status

HOUSE BILL NO. 439

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Daily Data Tracking History



H0439................................by JUDICIARY, RULES AND ADMINISTRATION
DETENTION OFFICERS - Amends existing law to provide that the county sheriff
can designate detention officers to act as peace officers in certain
circumstances.
                                                                        
01/26    House intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 68-0-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone,
      Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Moss, Stevenson
    Floor Sponsor - Boe
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Ingram
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/03    Governor signed
         Session Law Chapter 145
         Effective: 07/01/00

Bill Text


 H0439
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 439
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AUTHORITY TO  DESIGNATE  DETENTION  OFFICERS  AS  PEACE  OFFICERS;
  3        AMENDING CHAPTER 6, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
  4        20-603,  IDAHO  CODE,  TO  PROVIDE  THAT  THE COUNTY SHERIFF CAN DESIGNATE
  5        DETENTION OFFICERS TO ACT AS PEACE OFFICERS IN CERTAIN CIRCUMSTANCES;  AND
  6        PROVIDING AN EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Chapter  6,  Title  20, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 20-603, Idaho Code, and to read as follows:
                                                                        
 11        20-603.  AUTHORITY  TO  DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFI-
 12    CERS. All detention officers employed by the county sheriff who receive  peace
 13    officer  certification  from  the  Idaho  peace officer standards and training
 14    council shall have the authority given by statute to  peace  officers  of  the
 15    state  of  Idaho.  The  county  sheriff  shall have the authority to designate
 16    detention officers to act as peace officers when engaged in transportation  of
 17    prisoners  or apprehension and arrest of prisoners who have escaped, or appre-
 18    hension and arrest of persons who are suspected of having violated  the  terms
 19    and  conditions  of  their  probation, or arrest of a person pursuant to court
 20    order or arrest warrant.
                                                                        
 21        SECTION 2.  This act shall be in full force and effect on and  after  July
 22    1, 2000.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09475

County detention officers routinely engage in the transportation 
of prisoners, routinely supervise prisoners who are on probation, 
and routinely receive court orders to arrest prisoners in their 
custody.   The purpose of this bill is to provide for flexibility 
for the county sheriff to designate detention officers 'to act as 
peace officers in limited circumstances when transporting prisoners 
or apprehending prisoners who have escaped, or when engaged in the 
arrest of persons pursuant to court order, or persons who violate 
probation.  Currently the Department of Corrections has the authority 
to designate their detention officers as peace officers in limited 
circumstances under Sections 20-209C and 19-510A, Idaho Code. This 
change will provide the county jail detention officer with a similar 
limited peace officer status only to be used as authorized by the 
county sheriff in limited circumstances.  The county detention officer 
is certified as a detention deputy through the Peace OfficerStandards 
and Training (POST) Council and the county sheriff shall provide 
additional training necessary to a detention officer prior to the 
use of such limited peace officer status.

                          FISCAL IMPACT

No impact on the state general fund. Since additional training is done 
locally there will be a minimal impact on POST and some savings to the 
county in emergency situations.

CONTACT: Idaho Sheriff's Association, Michael J. Kane
Phone: 342-4545

STATEMENT OF PURPOSE/FISCAL NOTE                       Bill No. H 439