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H0071aa.................................by JUDICIARY, RULES AND ADMINISTRATION
PROBATION/PAROLE - Amends existing law relating to probation and parole to
increase the amount of supervision fees that may be collected by the Board of
Correction; and to clarify the costs of supervision.
01/14 House intro - 1st rdg - to printing
01/15 Rpt prt - to Jud
01/28 Rpt out - rec d/p - to 2nd rdg
01/29 2nd rdg - to 3rd rdg
01/30 Ret'd to Jud
02/12 Rpt out - to Gen Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/21 2nd rdg - to 3rd rdg as amen
02/24 3rd rdg as amen - PASSED - 56-7-7
AYES -- Andersen, Barraclough, Bauer, Bieter, Black, Block, Boe, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Deal, Denney, Douglas,
Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,
Martinez, McGeachin, Meyer, Miller, Moyle, Ridinger, Ring, Ringo,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Mr. Speaker
NAYS -- Barrett, Crow, Cuddy, McKague, Mitchell, Naccarato, Nielsen
Absent and excused -- Bedke, Bell, Gagner, Kellogg, Raybould, Roberts,
Wood
Floor Sponsor - Wills
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
Keough, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett, Cameron, Davis, Marley, Sorensen
Floor Sponsor - Sweet
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 130
Effective: 03/27/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 71
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF CORRECTION; AMENDING SECTION 20-225, IDAHO
3 CODE, TO INCREASE THE MAXIMUM AMOUNT OF SUPERVISION FEES THAT MAY BE COL-
4 LECTED BY THE BOARD; AND DECLARING AN EMERGENCY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-225, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-225. PAYMENT FOR COST OF SUPERVISION. Any person under state probation
9 or parole supervision shall be required to contribute not more than thirty-
10 five fifty dollars ($350.00) per month as determined by the board of correc-
11 tion. Any failure to pay such contribution shall constitute grounds for the
12 revocation of probation by the court or the revocation of parole by the com-
13 mission for pardons and parole. The division of probation and parole in the
14 department of correction may exempt a person from the payment of all or any
15 part of the foregoing contribution if it finds any of the following factors to
16 exist:
17 (1) The offender has diligently attempted but been unable to obtain
18 employment.
19 (2) The offender has an employment handicap, as determined by a physical,
20 psychological, or psychiatric examination acceptable to the division of
21 probation and parole.
22 Money collected as a fee for services will be placed in the probation and
23 parole receipts account, which is hereby created in the dedicated fund in the
24 state treasury, and utilized to provide supervision for clients. Moneys in the
25 probation and parole receipts account may be expended only after appropriation
26 by the legislature.
27 SECTION 2. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Wills
Seconded by Field (18)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 71
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 10, delete "fifty" and insert:
3 "forty"; also in line 10, delete "($350.00)" and insert: "($3540.00)"; and in
4 line 11, following "tion." insert: "Costs of supervision are the direct and
5 indirect costs incurred by the department of correction to supervise proba-
6 tioners and parolees, including tests to determine drug and alcohol use, books
7 and written materials to support rehabilitation efforts, and monitoring of
8 physical location through the use of technology.".
9 CORRECTION TO TITLE
10 On page 1, in line 4, following "BOARD" insert: "AND TO CLARIFY THE TYPES
11 OF COSTS THAT CONSTITUTE COSTS OF SUPERVISION".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 71, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF CORRECTION; AMENDING SECTION 20-225, IDAHO
3 CODE, TO INCREASE THE MAXIMUM AMOUNT OF SUPERVISION FEES THAT MAY BE COL-
4 LECTED BY THE BOARD AND TO CLARIFY THE TYPES OF COSTS THAT CONSTITUTE
5 COSTS OF SUPERVISION; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 20-225, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 20-225. PAYMENT FOR COST OF SUPERVISION. Any person under state probation
10 or parole supervision shall be required to contribute not more than thirty-
11 five forty dollars ($3540.00) per month as determined by the board of correc-
12 tion. Costs of supervision are the direct and indirect costs incurred by the
13 department of correction to supervise probationers and parolees, including
14 tests to determine drug and alcohol use, books and written materials to sup-
15 port rehabilitation efforts, and monitoring of physical location through the
16 use of technology. Any failure to pay such contribution shall constitute
17 grounds for the revocation of probation by the court or the revocation of
18 parole by the commission for pardons and parole. The division of probation and
19 parole in the department of correction may exempt a person from the payment of
20 all or any part of the foregoing contribution if it finds any of the following
21 factors to exist:
22 (1) The offender has diligently attempted but been unable to obtain
23 employment.
24 (2) The offender has an employment handicap, as determined by a physical,
25 psychological, or psychiatric examination acceptable to the division of
26 probation and parole.
27 Money collected as a fee for services will be placed in the probation and
28 parole receipts account, which is hereby created in the dedicated fund in the
29 state treasury, and utilized to provide supervision for clients. Moneys in the
30 probation and parole receipts account may be expended only after appropriation
31 by the legislature.
32 SECTION 2. An emergency existing therefor, which emergency is hereby
33 declared to exist, this act shall be in full force and effect on and after its
34 passage and approval.
REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 12333E1
The Department of Correction is seeking to increase the allowable
maximum Cost of Supervision fee to forty ($40.00) dollars.
Currently, the monthly Cost of Supervision (C.O.S.) level allowed
by Idaho Code 20-225 for all state probationers and parolees is
thirty-five ($35.00) dollars. In addition to the monthly C.O.S.,
there are other offender paid costs for rehabilitation services,
urinalysis testing and electronic monitoring. Each one of these
requires separate bookkeeping actions. If the Department is
allowed to change the upper limit of monthly Cost of Supervision
to $40.00, we can include some of these programs with no
additional costs to the offender. Additional benefits to the
public: better drug and alcohol programs; better electronic
surveillance; more offenders impacted through shared costs.
FISCAL IMPACT
The Department will collect an additional $339,000 in cost of
supervision fees and deposit them into the Parolee Supervision
Fund within the Department of Correction. An estimated 5,650
probationers and parolees pay into this fund each month. This
fund is subject to legislative appropriation.
The Department estimates it will collect $2.3 million in FY 2003,
and with this increase $2.7 million in FY 2004. This legislation
will allow the Department of Correction to charge offenders for
drug testing, programming materials, and for electronic
monitoring and to deposit the funds into the State Treasury. The
agency will be able to comply with a legislative audit finding
that all fees collected from offenders, and services paid on
behalf of offenders should be reported through the state
accounting system.
Contact
Name: Jim Woods
Agency: Department of Correction
Phone: 658-2116
STATEMENT OF PURPOSE/FISCAL NOTE H 71aa