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H0453................................by JUDICIARY, RULES AND ADMINISTRATION
WORK RELEASE - Amends existing law to delete the requirement of approval of
the sentencing court; to delete obsolete language pertaining to the duty of
a sheriff to assure that a work release prisoner is paid a fair wage and
works reasonable hours; and to provide for mandatory reimbursement for
costs of confinement.
01/28 House intro - 1st rdg - to printing
01/31 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 - 59-0-11
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth,
Field(13), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer, Shepherd, Smith, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Trail(Miller), Wheeler, Wood, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Campbell, Crow, Field(20), Hammond,
Hansen(29), Linford, Moss, Sellman, Smylie, Zimmermann
Floor Sponsor - Clark
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 - 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
Governor signed
Session Law Chapter 115
Effective: 07/01/00
H0453
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 453
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CONFINEMENT OF PRISONERS; AMENDING SECTION 20-614, IDAHO CODE, TO
3 DELETE OBSOLETE LANGUAGE, TO DELETE THE REQUIREMENT OF APPROVAL OF THE
4 SENTENCING COURT, TO PROVIDE A GRAMMATICALLY CORRECT PRONOUN, TO PROVIDE
5 FOR MANDATORY REIMBURSEMENT FOR COSTS OF CONFINEMENT AND TO MAKE TECHNICAL
6 CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 20-614, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 20-614. PRISONERS MUST BE ACTUALLY CONFINED EXCEPT ON ORDER OF COURT FOR
11 PRIVATE EMPLOYMENT. (1.) A prisoner committed to the county jail by any court
12 for trial or examination, or upon conviction for a public offense, must be
13 confined in the jail until he is legally discharged unless the court specifies
14 otherwise.
15 (2.) If the committed person has been regularly employed, the sheriff
16 shall, if ordered by the committing judge, arrange for a continuation of said
17 employment insofar as possible without interruption. Any prisoner so employed
18 shall be paid a fair and reasonable wage for such work and shall work at fair
19 and reasonable employment and hours per day and per week.
20 (3.) Whenever the prisoner is not employed, and between the hours or
21 periods of his employment, he shall be confined in jail as an ordinary pris-
22 oner, unless the court shall direct otherwise.
23 (4.) In case of any violation of the conditions laid down for his con-
24 duct, custody and employment the prisoner shall be returned to the court, and
25 the court may then require the balance of his or her sentence be spent in
26 actual confinement and may cancel any earned diminution of his or her term.
27 (5.) The sheriff shall receive such extra compensation and mileage for
28 the administration of this act as the county commissioners determine.
29 (6.) The court may also by its order authorize the use of a jail in a
30 contiguous or other county where the prisoner is employed, and while the pris-
31 oner is so employed under this act such prisoner shall be in the other
32 county's custody.
33 (7.) With the approval of the sentencing court, tThe defendant may be
34 incarcerated on nonemployment days only. If such confinement is approved, the
35 court may shall provide that the county jail shall be reimbursed the costs of
36 confinement, in the amount provided in section 20-605, Idaho Code, by the
37 defendant.
38 SECTION 2. This act shall be in full force and effect on and after July
39 1, 2000.
STATEMENT OF PURPOSE
RS09472C2
The purpose of this bill is to delete obsolete language pertaining
to the duty of a sheriff to assure that a work release prisoner is
paid a fair wage and works reasonable hours. This language had
application when the sheriff had a duty to find employment for
prisoners in accordance with laws now repealed. Similarly, language
is proposed to be deleted that has no application to modern work
release practices.
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 453