H0415aa......................................................by MR. SPEAKER Requested by: Department of Juvenile Corrections JUVENILES - Amends existing law to include juveniles adjudicated of a felony or misdemeanor within the purview of the escape laws; and to delete the age restriction with respect to persons against whom escape charges can be filed. 01/17 House intro - 1st rdg - to printing Rpt prt - to Jud 02/02 Rpt out - to Gen Ord 02/07 Rpt out amen - to engros 02/08 Rpt engros - 1st rdg - to 2nd rdg as amen 02/09 2nd rdg - to 3rd rdg as amen 02/11 3rd rdg as amen - PASSED - 61-0-9 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Moyle, Pearce, 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 -- Campbell, Crow, Hammond, Hansen(29), Kempton, Linford, Mortensen, Moss, Pischner Floor Sponsor - Sali Title apvd - to Senate 02/14 Senate intro - 1st rdg as amen - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg as amen 02/29 2nd rdg - to 3rd rdg as amen 03/24 3rd rdg as amen - 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 - Sorensen 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 106 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 415, As Amended BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO ESCAPES FROM CUSTODY BY JUVENILES; AMENDING SECTION 18-2505, IDAHO 3 CODE, TO AMEND THE CATCHLINE, TO INCLUDE JUVENILES ADJUDICATED OF A FELONY 4 WITHIN THE PURVIEW OF THE SECTION, TO DELETE THE AGE RESTRICTION WITH 5 RESPECT TO PERSONS AGAINST WHOM ESCAPE CHARGES CAN BE FILED AND TO MAKE A 6 TECHNICAL CORRECTION; AMENDING SECTION 18-2506, IDAHO CODE, TO AMEND THE 7 CATCHLINE, TO INCLUDE JUVENILES ADJUDICATED OF A MISDEMEANOR WITHIN THE 8 PURVIEW OF THE SECTION AND TO DELETE THE AGE RESTRICTION WITH RESPECT TO 9 PERSONS AGAINST WHOM ESCAPE CHARGES CAN BE FILED; AND PROVIDING AN EFFEC- 10 TIVE DATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 18-2505, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 18-2505. ESCAPE BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR A 15 FELONY -- ESCAPE BY A JUVENILE FROM CUSTODY. (1) Every prisoner charged with, 16 convicted of, or on probation for a felony who is confined in any jail or 17 prison including the state penitentiary or any private prison, or who while 18 outside the walls of such jail or prison in the proper custody of any officer 19 or person, or while in any factory, farm or other place without the walls of 20 such jail or prison, who escapes or attempts to escape from such officer or 21 person, or from such jail or prison, or from such factory, farm or other place 22 without the walls of such jail or prison, shall be guilty of a felony, and 23 upon conviction thereof, any such second term of imprisonment shall commence 24 at the time he would otherwise have been discharged. 25 (2) Any person under the age of eighteen (18)who is charged with, found 26 to have committed, adjudicated for or is on probation for an offense which 27 would be a felony if committed by an adult, and who is confined in a juvenile 28 detention facility or other secure or nonsecure facility for juveniles and who 29 escapes or attempts to escape from the facility or from the lawful custody of 30 any officer or person shall be subject to proceedings under chapter 5, title 31 20, Idaho Code, for an offense which would be a felony if committed by an 32 adult. If the juvenile is or has been proceeded against as an adult, pursuant 33 to section s20-508 or 20-509, Idaho Code, the juvenileperson shall be guilty 34 of a felony for a violation of this section and shall be subject to adult 35 criminal proceedings. 36 SECTION 2. That Section 18-2506, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 18-2506. ESCAPE BY ONE CHARGED WITH OR CONVICTED OF A MISDEMEANOR -- 39 ESCAPE BY A JUVENILE FROM CUSTODY. 40 (1) (a) Every prisoner charged with or convicted of a misdemeanor who is 41 confined in any county jail or other place or who is engaged in any county 2 1 work outside of such jail or other place, or who is in the lawful custody 2 of any officer or person, who escapes or attempts to escape therefrom, is 3 guilty of a misdemeanor. 4 (b) In cases involving escape or attempted escape by use of threat, 5 intimidation, force, violence, injury to person or property other than 6 that of the prisoner, or wherein the escape or attempted escape was perpe- 7 trated by use or possession of any weapon, tool, instrument or other sub- 8 stance, the prisoner shall be guilty of a felony. 9 (2) Any person under the age of eighteen (18)who is charged with, found 10 to have committed, adjudicated for or is on probation for an offense which 11 would be a misdemeanor if committed by an adult, and who is confined in a 12 juvenile detention facility or other secure or nonsecure facility for juve- 13 niles and who escapes or attempts to escape from the facility or from the law- 14 ful custody of an officer or person, shall be subject to proceedings under the 15 provisions of chapter 5, title 20, Idaho Code, for an act which would be a 16 misdemeanor if committed by an adult, or, if the escape or attempted escape 17 was undertaken as provided in subsection (1)(b) of this section, for an 18 offense which would be a felony if committed by an adult. If the juvenile is 19 or has been proceeded against as an adult, pursuant to section 20-508 or 20 20-509, Idaho Code, the juvenileperson shall be guilty of a misdemeanor, or 21 if subsection (1)(b) of this section applies, of a felony and, in either case, 22 shall be subject to adult criminal proceedings. 23 SECTION 3. This act shall be in full force and effect on and after July 24 1, 2000.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Sali Seconded by Clark IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 415 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 25, following " (18)" insert: "who 3 is"; in line 26, delete "has been" and following "adjudicated" insert: "for"; 4 and in line 27, following "adult" insert: ", and". 5 AMENDMENTS TO SECTION 2 6 On page 2, in line 9, following " (18)" insert: "who is"; in line 10, 7 delete "has been" and following "adjudicated" insert: "for"; and in line 11, 8 following "adult" insert: ", and".
STATEMENT OF PURPOSE RS09329 This change would also amend Idaho Code Sections 18-2505 and 18-2506 to allow warrants to be issued for escapees. Currently, these two statutes cover only convicted, not adjudicated, persons and do not cover those ages 19 to 20 at all. FISCAL IMPACT This legislation would reduce personnel costs by facilitating the issuance of warrants for apprehension of escaped juveniles, and allow prosecutors to issue warrants for arrest, when that is appropriate. CONTACT Name: Brent Reinke Agency: Department of Juvenile Corrections Phone: 334-5100 Statement of Purpose/Fiscal Impact H0415