2002 Legislation
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HOUSE BILL NO. 600 – Fugitives, arrest/custody

HOUSE BILL NO. 600

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0600aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
FUGITIVES - Amends and adds to existing law to provide procedures for the
arrest, detention and return to custody of certain fugitives.
                                                                        
02/08    House intro - 1st rdg - to printing
02/11    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 63-0-7
      AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
      Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
      McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Bradford, Gould, Hammond, Montgomery,
      Sellman, Wood
    Floor Sponsor - Smith(23)
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Jud
03/04    Rpt out - to 14th Ord
03/06    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsors - King-Barrutia & Davis
    Title apvd - to House
03/12    House concurred in Senate amens - to engros
03/13    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 64-0-6
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Pearce,
      Pischner, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Mr. Speaker
      NAYS -- None
      Absent and excused -- Cuddy, Loertscher, Myle, Pomeroy, Wood, Young
    Floor Sponsor - Smith(23)
    Title apvd - to enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/20    Governor signed
         Session Law Chapter 130
         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. 600
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FUGITIVES; AMENDING SECTION 19-4516, IDAHO  CODE,  TO  PROVIDE  AN
  3        EXEMPTION  FROM BAIL REQUIREMENTS; AND AMENDING CHAPTER 2, TITLE 20, IDAHO
  4        CODE, BY THE ADDITION OF A NEW SECTION 20-209F,  IDAHO  CODE,  TO  PROVIDE
  5        THAT  THE  DIRECTOR  OF  THE  DEPARTMENT OF CORRECTION OR HIS DESIGNEE MAY
  6        APPLY TO THE MAGISTRATE COURT IN ADA COUNTY FOR THE ARREST, DETENTION  AND
  7        RETURN  TO  CUSTODY  OF  CERTAIN FUGITIVES, TO PROVIDE THAT THE MAGISTRATE
  8        SHALL ISSUE A WARRANT UPON THE SUBMISSION  OF  CERTAIN  DOCUMENTATION,  TO
  9        PROVIDE  THAT  CERTAIN  FUGITIVES  SHALL  BE  INELIGIBLE FOR BOND, BAIL OR
 10        RELEASE ON THEIR OWN RECOGNIZANCE, TO PROVIDE FOR THE RIGHT TO A  HEARING,
 11        TO  STATE THE EFFECTIVE TERM OF A WARRANT, TO PROVIDE THAT THE ISSUANCE OF
 12        A WARRANT DOES NOT NEGATE OR INTERFERE WITH THE ISSUANCE OF WARRANTS UNDER
 13        OTHER PROVISIONS OF LAW, TO PROVIDE THAT A WARRANT SHALL BE SUFFICIENT FOR
 14        ANY PEACE OFFICER TO ARREST, DETAIN AND RETURN CERTAIN PERSONS TO THE CUS-
 15        TODY OF THE DEPARTMENT AND TO REQUIRE PEACE OFFICERS TO  EXECUTE  WARRANTS
 16        IN  THE  SAME  MANNER AS ORDINARY PROCESS AND TO RETURN CERTAIN PERSONS TO
 17        THE CUSTODY OF THE DEPARTMENT OF CORRECTION.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION 1.  That Section 19-4516, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        19-4516.  BAIL  EXCEPT IN CAPITAL AND LIFE IMPRISONMENT CASES -- CONDITION
 22    AND REQUISITES OF BOND. Unless the offense with which the prisoner is  charged
 23    is  shown  to be an offense punishable by death or life imprisonment under the
 24    laws of the state in which it was committed, and except as provided in section
 25    20-209F(3), Idaho Code, the judge or magistrate must admit the person arrested
 26    to bail by bond or undertaking, with sufficient sureties, and in such  sum  as
 27    he  deems  proper,  for  his appearance before him at a time specified in such
 28    bond or undertaking, and for his surrender, to be arrested upon the warrant of
 29    the governor of this state.
                                                                        
 30        SECTION 2.  That Chapter 2, Title 20, Idaho Code,  be,  and  the  same  is
 31    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 32    ignated as Section 20-209F, Idaho Code, and to read as follows:
                                                                        
 33        20-209F.  WARRANTS FOR CERTAIN FUGITIVES. (1) The director of the  depart-
 34    ment  of  correction  or his designee shall have the authority to apply to the
 35    magistrates division of the district court of Ada county for a warrant for the
 36    arrest, detention and return to custody of any person committed to the custody
 37    of the department of correction under a judgment of conviction who,  prior  to
 38    satisfying  the  full  term  of  his  judgment of conviction and sentence, has
 39    either:
 40        (a)  Escaped or absconded from the custody or supervision of  the  depart-
 41        ment; or
                                                                        
                                           2
                                                                        
  1        (b)  Been released for any reason by the department or by any law enforce-
  2        ment  agency,  department  of  correction or other agency in this state or
  3        another state.
  4        (2)  The magistrate shall issue a warrant upon submission by the  director
  5    or his designee of an affidavit that:
  6        (a)  Identifies the person sought;
  7        (b)  Demonstrates  that  such  person has been committed to the custody of
  8        the department of correction under a judgment of conviction; and
  9        (c)  Demonstrates that, prior to satisfying the full term of his  judgment
 10        of conviction and sentence, the person sought has either:
 11             (i)   Escaped  or  absconded  from  the custody or supervision of the
 12             department; or
 13             (ii)  Been released for any other reason by the department or by  any
 14             law  enforcement  agency, department of correction or other agency in
 15             this state or another state.
 16        (3)  Any person who is arrested and  detained  pursuant  to  this  section
 17    shall be ineligible for bond, bail or release on his own recognizance.
 18        (4)  Any  person arrested and detained pursuant to this section shall have
 19    the right to a hearing to confirm that:
 20        (a)  He is the person identified in the warrant; and
 21        (b)  An unsatisfied portion of his judgment  of  conviction  and  sentence
 22        remains to be served.
 23        (5)  A  warrant  issued  pursuant  to  this section shall remain in effect
 24    until:
 25        (a)  The warrant is quashed by order of a court;
 26        (b)  The person identified in the warrant is returned to  the  custody  of
 27        the department of correction; or
 28        (c)  The  sentence  of  the  person identified in the warrant is otherwise
 29        deemed satisfied.
 30        (6)  The issuance of a warrant pursuant to this section shall  not  negate
 31    or interfere with the issuance of warrants under any other provision of law.
 32        (7)  A warrant issued pursuant to this section shall be sufficient for any
 33    peace officer to arrest, detain and return to the custody of the department of
 34    correction  any  person  described in the warrant. It shall be the duty of all
 35    peace officers to execute the warrant in the same manner as  ordinary  process
 36    and  to  return any person arrested pursuant to this section to the custody of
 37    the department of correction.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 600
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill, following line 37, insert:
  3        "(8)  A person who is detained pursuant to a  warrant  issued  under  this
  4    section may apply for an order quashing the warrant. An action to quash a war-
  5    rant  issued  under this section may be brought in Ada county, Idaho or in the
  6    county in Idaho in which a person arrested under such a warrant is detained. A
  7    warrant issued under this section shall be quashed upon  a  showing  that  the
  8    person  sought or detained is not the person identified in the warrant or that
  9    the person's sentence has been completed or has otherwise been  deemed  satis-
 10    fied.".
                                                                        
 11                                 CORRECTIONS TO TITLE
 12        On  page 1, in line 15, delete "AND" and insert: ","; and in line 17, fol-
 13    lowing "CORRECTION" insert: "AND TO  PROVIDE  FOR  THE  QUASHING  OF  WARRANTS
 14    ISSUED UNDER THE PROVISIONS OF SECTION 20-209F, IDAHO CODE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 600, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FUGITIVES; AMENDING SECTION 19-4516, IDAHO  CODE,  TO  PROVIDE  AN
  3        EXEMPTION  FROM BAIL REQUIREMENTS; AND AMENDING CHAPTER 2, TITLE 20, IDAHO
  4        CODE, BY THE ADDITION OF A NEW SECTION 20-209F,  IDAHO  CODE,  TO  PROVIDE
  5        THAT  THE  DIRECTOR  OF  THE  DEPARTMENT OF CORRECTION OR HIS DESIGNEE MAY
  6        APPLY TO THE MAGISTRATE COURT IN ADA COUNTY FOR THE ARREST, DETENTION  AND
  7        RETURN  TO  CUSTODY  OF  CERTAIN FUGITIVES, TO PROVIDE THAT THE MAGISTRATE
  8        SHALL ISSUE A WARRANT UPON THE SUBMISSION  OF  CERTAIN  DOCUMENTATION,  TO
  9        PROVIDE  THAT  CERTAIN  FUGITIVES  SHALL  BE  INELIGIBLE FOR BOND, BAIL OR
 10        RELEASE ON THEIR OWN RECOGNIZANCE, TO PROVIDE FOR THE RIGHT TO A  HEARING,
 11        TO  STATE THE EFFECTIVE TERM OF A WARRANT, TO PROVIDE THAT THE ISSUANCE OF
 12        A WARRANT DOES NOT NEGATE OR INTERFERE WITH THE ISSUANCE OF WARRANTS UNDER
 13        OTHER PROVISIONS OF LAW, TO PROVIDE THAT A WARRANT SHALL BE SUFFICIENT FOR
 14        ANY PEACE OFFICER TO ARREST, DETAIN AND RETURN CERTAIN PERSONS TO THE CUS-
 15        TODY OF THE DEPARTMENT, TO REQUIRE PEACE OFFICERS TO EXECUTE  WARRANTS  IN
 16        THE  SAME  MANNER AS ORDINARY PROCESS AND TO RETURN CERTAIN PERSONS TO THE
 17        CUSTODY OF THE DEPARTMENT OF CORRECTION AND TO PROVIDE FOR THE QUASHING OF
 18        WARRANTS ISSUED UNDER THE PROVISIONS OF SECTION 20-209F, IDAHO CODE.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 19-4516, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:
                                                                        
 22        19-4516.  BAIL  EXCEPT IN CAPITAL AND LIFE IMPRISONMENT CASES -- CONDITION
 23    AND REQUISITES OF BOND. Unless the offense with which the prisoner is  charged
 24    is  shown  to be an offense punishable by death or life imprisonment under the
 25    laws of the state in which it was committed, and except as provided in section
 26    20-209F(3), Idaho Code, the judge or magistrate must admit the person arrested
 27    to bail by bond or undertaking, with sufficient sureties, and in such  sum  as
 28    he  deems  proper,  for  his appearance before him at a time specified in such
 29    bond or undertaking, and for his surrender, to be arrested upon the warrant of
 30    the governor of this state.
                                                                        
 31        SECTION 2.  That Chapter 2, Title 20, Idaho Code,  be,  and  the  same  is
 32    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 33    ignated as Section 20-209F, Idaho Code, and to read as follows:
                                                                        
 34        20-209F.  WARRANTS FOR CERTAIN FUGITIVES. (1) The director of the  depart-
 35    ment  of  correction  or his designee shall have the authority to apply to the
 36    magistrates division of the district court of Ada county for a warrant for the
 37    arrest, detention and return to custody of any person committed to the custody
 38    of the department of correction under a judgment of conviction who,  prior  to
 39    satisfying  the  full  term  of  his  judgment of conviction and sentence, has
 40    either:
 41        (a)  Escaped or absconded from the custody or supervision of  the  depart-
                                                                        
                                           2
                                                                        
  1        ment; or
  2        (b)  Been released for any reason by the department or by any law enforce-
  3        ment  agency,  department  of  correction or other agency in this state or
  4        another state.
  5        (2)  The magistrate shall issue a warrant upon submission by the  director
  6    or his designee of an affidavit that:
  7        (a)  Identifies the person sought;
  8        (b)  Demonstrates  that  such  person has been committed to the custody of
  9        the department of correction under a judgment of conviction; and
 10        (c)  Demonstrates that, prior to satisfying the full term of his  judgment
 11        of conviction and sentence, the person sought has either:
 12             (i)   Escaped  or  absconded  from  the custody or supervision of the
 13             department; or
 14             (ii)  Been released for any other reason by the department or by  any
 15             law  enforcement  agency, department of correction or other agency in
 16             this state or another state.
 17        (3)  Any person who is arrested and  detained  pursuant  to  this  section
 18    shall be ineligible for bond, bail or release on his own recognizance.
 19        (4)  Any  person arrested and detained pursuant to this section shall have
 20    the right to a hearing to confirm that:
 21        (a)  He is the person identified in the warrant; and
 22        (b)  An unsatisfied portion of his judgment  of  conviction  and  sentence
 23        remains to be served.
 24        (5)  A  warrant  issued  pursuant  to  this section shall remain in effect
 25    until:
 26        (a)  The warrant is quashed by order of a court;
 27        (b)  The person identified in the warrant is returned to  the  custody  of
 28        the department of correction; or
 29        (c)  The  sentence  of  the  person identified in the warrant is otherwise
 30        deemed satisfied.
 31        (6)  The issuance of a warrant pursuant to this section shall  not  negate
 32    or interfere with the issuance of warrants under any other provision of law.
 33        (7)  A warrant issued pursuant to this section shall be sufficient for any
 34    peace officer to arrest, detain and return to the custody of the department of
 35    correction  any  person  described in the warrant. It shall be the duty of all
 36    peace officers to execute the warrant in the same manner as  ordinary  process
 37    and  to  return any person arrested pursuant to this section to the custody of
 38    the department of correction.
 39        (8)  A person who is detained pursuant to a warrant issued under this sec-
 40    tion may apply for an order quashing the warrant. An action to quash a warrant
 41    issued under this section may be brought in Ada county, Idaho or in the county
 42    in Idaho in which a person arrested under such a warrant is detained.  A  war-
 43    rant issued under this section shall be quashed upon a showing that the person
 44    sought  or  detained  is  not the person identified in the warrant or that the
 45    person's sentence has been completed or has otherwise been deemed satisfied.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11889

This proposed legislation allows the Director of the Idaho
Department of Correction to seek a warrant from an Ada County
magistrate for the arrest of any person who has escaped,
absconded or has otherwise been prematurely released.

                          FISCAL IMPACT

Impact on the Department of Correction will depend on the number
of persons who fall into the categories this legislation seeks to
address, and where those persons are to be found.  Based on
previous activity, transport costs from other areas will likely
be minimized in the future, cost of travel for direct retrieval
by Department staff may increase, and there may be some cost-
shifting away from county governments to the Department, all of
which will cost less than $10,000 per fiscal year.

Contact
Name: Paul Panther, Dept. of Correction 
Phone: 658-2097




STATEMENT OF PURPOSE/FISCAL NOTE                       H 600