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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved 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".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 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