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H0440................................by JUDICIARY, RULES AND ADMINISTRATION
COUNTY JAIL - LABOR - Amends existing law to provide that persons confined
in the county jail under a judgment of conviction, suspended sentence, or
withheld judgment rendered in any criminal case, either a judgment of
imprisonment or a judgment for the payment of a fine and costs, may be
required to perform labor on federal, state or other governmental projects.
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
02/11 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton, Kendell, Kunz,
Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Callister, Campbell, Crow, Hansen(29),
Jones, Linford, Moss
Floor Sponsor - Sellman
Title apvd - to Senate
02/14 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 - 26-1-8
AYES--Andreason, Bunderson, Cameron, Crow, Danielson, Darrington,
Davis, Dunklin, Frasure, Geddes, Ingram, Ipsen, Keough, Lee, Noh,
Parry, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Williams
NAYS--Whitworth
Absent and excused--Boatright, Branch, Burtenshaw, Deide, Hawkins,
King-Barrutia, McLaughlin, Riggs
Floor Sponsor - Richardson
Title apvd - to House
03/27 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
Governor signed
Session Law Chapter 112
Effective: 07/01/00
H0440
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 440
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO COUNTY JAILS; AMENDING SECTION 20-617, IDAHO CODE, TO PROVIDE THAT
3 PERSONS CONFINED IN THE COUNTY JAIL UNDER A JUDGMENT OF CONVICTION, SUS-
4 PENDED SENTENCE OR WITHHELD JUDGMENT RENDERED IN ANY CRIMINAL CASE EITHER
5 UNDER A JUDGMENT OF IMPRISONMENT OR A JUDGMENT FOR THE PAYMENT OF A FINE
6 AND COSTS MAY BE REQUIRED TO PERFORM LABOR ON FEDERAL, STATE OR OTHER GOV-
7 ERNMENTAL PROJECTS; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 20-617, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 20-617. LABOR OF PRISONERS ON PUBLIC WORKS. Persons confined in the
12 county jail under a judgment of conviction, suspended sentence or withheld
13 judgment rendered in any criminal case, either under a judgment of imprison-
14 ment or a judgment for the payment of a fine and costs, may be required by an
15 order of the board of county commissioners to perform labor on the public
16 works or ways in and for the county, or perform labor for municipalities,
17 school districts, highway districts, good road districts, and irrigation dis-
18 tricts, provided, that when labor is performed on other than public works or
19 ways in and for the county, the board of county commissioners may make a rea-
20 sonable charge for such labor and shall pay twenty-five per cent (25%) of the
21 proceeds of such labor to the person performing the same if he is single, or
22 if he is married seventy-five per cent (75%) of the proceeds shall be paid to
23 his family; the balance of such proceeds to be paid to the county treasurer
24 for the general fund of the county. Provided further, that in case a prisoner
25 has been transferred to another county and required to work there, the
26 county's proportion of the proceeds of his work as provided in this section
27 shall be paid to the county from which the prisoner was transferred federal,
28 state or other governmental projects.
29 SECTION 2. This act shall be in full force and effect on and after July
30 1, 2000.
STATEMENT OF PURPOSE
RS09476
It is not the practice of Idaho's sheriffs to cause prisoners to
perform labor for private individuals or organizations. Further,
it is not cost effective for a sheriff to employ staff to account
for taxation, social security benefits, workers compensation and
other insurance, minimum wagerates and other federal and state
employment regulations in order to employ prisoners on private
projects. The purpose of this bill is to delete obsolete language
relating to the employment of prisoners on private projects and to
conform state law to modern correctional practice.
FISCAL IMPACT
This bill has no impact on the general fund or on county budgets.
CONTACT: Idaho Sheriff's Association, Michael J. Kane
Phone: 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 440