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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 - 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.
|||| 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".
|||| 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
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