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S1459................................................by JUDICIARY AND RULES
COURTS - Amends existing law relating to criminal procedure to increase the
period of time during which the court may suspend the execution of judgment
to the custody of the State Board of Correction and retain jurisdiction
over the prisoner; and to provide for those cases in which sentence has
been imposed but suspended for the first two hundred forty days.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1459
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-2601, IDAHO CODE, TO
3 INCREASE THE PERIOD OF TIME DURING WHICH THE COURT MAY SUSPEND THE EXECU-
4 TION OF JUDGMENT TO THE CUSTODY OF THE STATE BOARD OF CORRECTION AND
5 RETAIN JURISDICTION OVER THE PRISONER; AND AMENDING SECTION 19-2604, IDAHO
6 CODE, TO PROVIDE FOR THOSE CASES IN WHICH SENTENCE HAS BEEN IMPOSED BUT
7 SUSPENDED FOR THE FIRST TWO HUNDRED FORTY DAYS AND TO MAKE TECHNICAL COR-
8 RECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 19-2601, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 19-2601. COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE -- PROBATION.
13 Whenever any person shall have been convicted, or enter a plea of guilty, in
14 any district court of the state of Idaho, of or to any crime against the laws
15 of the state, except those of treason or murder, the court in its discretion,
16 may:
17 1. Commute the sentence and confine the defendant in the county jail, or,
18 if the defendant is of proper age, commit the defendant to the custody of the
19 state department of juvenile corrections; or
20 2. Suspend the execution of the judgment at the time of judgment or at
21 any time during the term of a sentence in the county jail and place the
22 defendant on probation under such terms and conditions as it deems necessary
23 and expedient; or
24 3. Withhold judgment on such terms and for such time as it may prescribe
25 and may place the defendant on probation; or
26 4. Suspend the execution of the judgment at any time during the first one
27 hundred eighty two hundred forty (18240) days of a sentence to the custody of
28 the state board of correction. The court shall retain jurisdiction over the
29 prisoner for the first one hundred eighty two hundred forty (18240) days or,
30 if the prisoner is a juvenile, until the juvenile reaches twenty-one (21)
31 years of age. The prisoner will remain committed to the board of correction if
32 not affirmatively placed on probation by the court. Placement on probation
33 shall be under such terms and conditions as the court deems necessary and
34 expedient. The court in its discretion may sentence a defendant to more than
35 one (1) period of retained jurisdiction after a defendant has been placed on
36 probation in a case. In no case shall the board of correction or its agent,
37 the department of correction, be required to hold a hearing of any kind with
38 respect to a recommendation to the court for the grant or denial of probation.
39 Probation is a matter left to the sound discretion of the court. Any recommen-
40 dation made by the department to the court regarding the prisoner shall be in
41 the nature of an addendum to the presentence report. The board of correction
42 and its agency, the department of correction, and their employees shall not be
43 held financially responsible for damages, injunctive or declaratory relief for
2
1 any recommendation made to the district court under this section.
2 5. If the crime involved is a felony and if judgment is withheld as pro-
3 vided in subsection 3. of this section or if judgment and a sentence of cus-
4 tody to the state board of correction is suspended at the time of judgment in
5 accordance with subsection 2. of this section or as provided by subsection 4.
6 of this section and the court shall place the defendant upon probation, it
7 shall be to the board of correction, to a county juvenile probation depart-
8 ment, or any other person or persons the court, in its discretion, deems
9 appropriate.
10 6. If the crime involved is a misdemeanor, indictable or otherwise, or if
11 the court should suspend any remaining portion of a jail sentence already com-
12 muted in accordance with subsection 1. of this section, the court, if it
13 grants probation, may place the defendant on probation. If the convicted per-
14 son is a juvenile held for adult criminal proceedings, the court may order
15 probation under the supervision of the county's juvenile probation department.
16 7. The period of probation ordered by a court under this section under a
17 conviction or plea of guilty for a misdemeanor, indictable or otherwise, may
18 be for a period of not more than two (2) years; and under a conviction or plea
19 of guilty for a felony the period of probation may be for a period of not more
20 than the maximum period for which the defendant might have been imprisoned.
21 SECTION 2. That Section 19-2604, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 19-2604. DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. 1. If sentence
24 has been imposed but suspended, or if sentence has been withheld, upon appli-
25 cation of the defendant and upon satisfactory showing that the defendant has
26 at all times complied with the terms and conditions upon which he was placed
27 on probation, the court may, if convinced by the showing made that there is no
28 longer cause for continuing the period of probation, and if it be compatible
29 with the public interest, terminate the sentence or set aside the plea of
30 guilty or conviction of the defendant, and finally dismiss the case and dis-
31 charge the defendant; and this shall apply to the cases in which defendants
32 have been convicted and granted probation by the court before this law goes
33 into effect, as well as to cases which arise thereafter. The final dismissal
34 of the case as herein provided shall have the effect of restoring the defend-
35 ant to his civil rights.
36 2. If sentence has been imposed but suspended during the first one hun-
37 dred and eighty two hundred forty (18240) days of a sentence to the custody of
38 the state board of correction, and the defendant placed upon probation as pro-
39 vided in subsection 4. of section 19-2601, Idaho Code, upon application of the
40 defendant, the prosecuting attorney, or upon the court's own motion, and upon
41 satisfactory showing that the defendant has at all times complied with the
42 terms and conditions of his probation, the court may amend the judgment of
43 conviction from a term in the custody of the state board of correction to
44 "confinement in a penal facility" for the number of days served prior to sus-
45 pension, and the amended judgment may be deemed to be a misdemeanor convic-
46 tion.
47 3. Subsection 2. of this section shall not apply to any judgment of con-
48 viction for a violation of the provisions of sections 18-1506, 18-1507 or
49 18-1508, Idaho Code. A judgment of conviction for a violation of the provi-
50 sions of any section listed in this subsection shall not be expunged from a
51 person's criminal record.
STATEMENT OF PURPOSE
RS 12093
This bill amends the current sentencing statute allowing courts to
suspend execution of the judgment for certain offenders for the first
two hundred and forty (240) days of a sentence and to place the person
in the custody of the Board of Correction for that time. Currently,
the statue allows courts to suspend the execution of the judgment for
the first one hundred and eighty (180) days of a sentence committing
someone to the custody of the Board of Correction. The court retains
jurisdiction during this time period (and allows them to go to the
retained jurisdiction program) and may place the inmate on probation
for the remainder of the sentence. Because of the current overcrowding
problem at the Penitentiary, inmates are backed up in county jails
causing inmates to lose time to participate in programs at the
retained jurisdiction program. In some instances, inmates cannot
finish their programs at the retained jurisdiction program in one
hundred and eighty (180) days. This bill will allow adequate time to
evaluate and make recommendations for each inmate. The inmate will
also have adequate time to receive and/or complete the treatment
necessary for their placement back in society.
FISCAL IMPACT
There is no fiscal impact to the General Fund of the State of Idaho.
This bill may possibly reduce the number of people incarcerated in
the penal system and would, hopefully, result in eventual savings
to the Department of Corrections.
Contact
Name: Senator Joe Stegner
Phone: 332-1340
Senator Bart Davis, 332-1307
STATEMENT OF PURPOSE/FISCAL NOTE S 1459