2000 Legislation
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HOUSE BILL NO. 453 – Work release, wage/hr provision del

HOUSE BILL NO. 453

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


                      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