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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 thewardenhead oftheany 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,wardendirector 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
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