2002 Legislation
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HOUSE BILL NO. 401 – Prison term incomplete/out of state

HOUSE BILL NO. 401

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H0401........................................................by MR. SPEAKER
                  Requested by Department of Corrections
PRISON TERM INCOMPLETE - OUT-OF-STATE - Amends existing law to provide that
the director of the Department of Correction or the head of a facility
operated by the department may apply for the requisition for the return of
persons who have unsatisfied terms of imprisonment or other supervision
remaining pursuant to their criminal convictions and who are absent from
the state for any reason; and to provide that certified copies of judgments
of conviction and sentences shall be filed with the office of the Secretary
of State.
                                                                        
01/07    House intro - 1st rdg - to printing
    Rpt prt - to Jud
01/16    Rpt out - rec d/p - to 2nd rdg
01/17    2nd rdg - to 3rd rdg
01/23    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Hadley, Harwood, Henbest,
      Higgins, Hornbeck, Jaquet, Jones, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Hammond, Kellogg, Sellman
    Floor Sponsor - Sali
    Title apvd - to Senate
01/24    Senate intro - 1st rdg - to Jud
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 31-3-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Williams
      NAYS -- Hawkins, Ingram, Schroeder
      Absent and excused -- Darrington
    Floor Sponsor - Richardson
    Title apvd - to House
02/11    To enrol
02/12    Rpt enrol - Sp signed
02/13    Pres signed
02/14    To Governor
02/19    Governor signed
         Session Law Chapter 28
         Effective: 07/01/02

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 401
                                                                        
                                       BY MR. SPEAKER
                          Requested by: Department of Corrections
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EXTRADITION OF  FUGITIVES;  AMENDING  SECTION  19-4523,  IDAHO
  3        CODE,  TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTION OR THE
  4        HEAD OF ANY FACILITY OR INSTITUTION OPERATED BY THE DEPARTMENT  MAY  APPLY
  5        FOR  THE  REQUISITION FOR THE RETURN OF PERSONS WHO HAVE UNSATISFIED TERMS
  6        OF IMPRISONMENT OR OTHER SUPERVISION REMAINING PURSUANT TO THEIR  CRIMINAL
  7        CONVICTIONS  AND  WHO ARE ABSENT FROM THE STATE FOR ANY REASON, TO PROVIDE
  8        THAT THE APPLICATION SHALL INCLUDE A STATEMENT OF THE CIRCUMSTANCES OF THE
  9        PERSON'S ABSENCE FROM THE STATE, TO PROVIDE THAT THE DIRECTOR OR THE  HEAD
 10        OF  A  CORRECTIONAL  FACILITY  MAY ATTACH AFFIDAVITS OR OTHER DOCUMENTS TO
 11        APPLICATIONS FOR REQUISITION AND TO PROVIDE THAT CERTIFIED COPIES OF JUDG-
 12        MENTS OF CONVICTION AND SENTENCES SHALL BE FILED WITH THE  OFFICE  OF  THE
 13        SECRETARY OF STATE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 19-4523, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        19-4523.  MANNER OF APPLYING FOR REQUISITION. (a) When the return to  this
 18    state  of a person charged with crime in this state is required, the prosecut-
 19    ing attorney of the county in which the offense is committed shall present  to
 20    the  governor  his written application for a requisition for the return of the
 21    person charged, in which application shall be stated the name of the person so
 22    charged, the crime charged against him, and the approximate  time,  place  and
 23    circumstances  of  its  committal,  the  state  in which he is believed to be,
 24    including the location of the accused therein at the time the  application  is
 25    made,  and certifying that in the opinion of the said prosecuting attorney the
 26    ends of justice require the arrest and return of the accused to this state for
 27    trial, and that the proceeding is not instituted to enforce a private claim.
 28        (b)  When the return to this state is required of a person  who  has  been
 29    convicted  of a crime in this state and has escaped from confinement or broken
 30    the terms of his bail, probation or parole, or who has an unsatisfied term  of
 31    imprisonment  or  other  supervision remaining pursuant to his conviction of a
 32    crime and who is absent from this state for any reason, the prosecuting attor-
 33    ney of the county in which the offense was committed, the commission  of  par-
 34    dons and parole, the director of the department of correction or his designee,
 35    or  the warden head of the any facility or institution operated by the depart-
 36    ment of correction, or sheriff of the county from which escape was made, shall
 37    present to the governor a written application for a requisition for the return
 38    of such person, in which application shall be stated the name of  the  person,
 39    the crime of which he was convicted, the circumstances of his escape from con-
 40    finement  or  of  the breach of the terms of his bail, probation or parole, or
 41    other circumstances of his absence from this state, and the state in which  he
 42    is  believed  to  be, including the location of the person therein at the time
 43    application is made.
                                                                        
                                           2
                                                                        
  1        (c)  The application shall be verified by affidavit, shall be executed  in
  2    duplicate  and shall be accompanied by two (2) certified copies of the indict-
  3    ment returned, or information and affidavit filed, or of the complaint made to
  4    the magistrate, stating the offense with which the accused is charged,  or  of
  5    the  judgment  of conviction or of the sentence. The prosecuting officer, com-
  6    mission of pardons and parole, warden director of the  department  of  correc-
  7    tion,  correctional  facility  head,  or  sheriff may also attach such further
  8    affidavits and other  documents in duplicate as he shall  deem  proper  to  be
  9    submitted  with  such  application.  One  (1) copy of the application with the
 10    action of the governor indicated by indorsement thereon, and one  (1)  of  the
 11    certified copies of the indictment or complaint or information, or judgment of
 12    conviction  and  sentence,  and affidavit, shall be filed in the office of the
 13    secretary of state to remain of record in that office. The other copies of all
 14    papers shall be forwarded with the governor's requisition.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 11473

Amend the current law to allow the IDOC Director to apply for a 
governor's warrant where an inmate has been inadvertently released in 
another state or escape from a prison, to be extradited back to Idaho.


                         FISCAL IMPACT

None.
CONTACT
Name:  Paul Panther
Agency: Correction, Dept. of
Phone: 658-2097


Statement of Purpose/Fiscal Impact                    H0401