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H0335aa...................................................by WAYS AND MEANS
SUBSTANCE ABUSE - EVALUATION - Amends existing law relating to sentencing
criteria in drug cases; to provide that substance abuse evaluations may be
waived in certain circumstances.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Jud
03/19 Rpt out - to Gen Ord
03/24 Rpt out amen - to engros
03/25 Rpt engros - 1st rdg - to 2nd rdg as amen
03/26 2nd rdg - to 3rd rdg as amen
03/27 3rd rdg as amen - PASSED - 67-1-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,
Henbest(Bray), Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,
Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,
Nacarrato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Snodgrass, Stevenson, Tilman, Trail, Wills,
Wood
NAYS -- Smylie
Absent and excused -- Kulczyk, Mr. Speaker
Floor Sponsor - Ring
Title apvd - to Senate
03/28 Senate intro - 1st rdg - to Jud
04/01 Rpt out - rec d/p - to 2nd rdg
04/02 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Goedde, McWilliams
Floor Sponsor - Lodge
Title apvd - to House
04/04 To enrol
04/07 Rpt enrol - Sp signed - Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 285
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 335
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SENTENCING CRITERIA IN DRUG CASES; AMENDING SECTION 37-2738, IDAHO
3 CODE, TO REVISE PROVISIONS RELATING TO SUBSTANCE ABUSE EVALUATIONS AND TO
4 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 18-1502C, IDAHO CODE, TO
5 CLARIFY A CODE REFERENCE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 37-2738, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 37-2738. SENTENCING CRITERIA IN DRUG CASES. (1) Any person who pleads
10 guilty to, is found guilty of or has a judgment of conviction entered upon a
11 violation of the provisions of subsections (a), (b), (c) or (e), of section
12 37-2732, Idaho Code, shall be sentenced according to the criteria set forth
13 herein.
14 (2) Prior to sentencing for a violation enumerated in subsection (1)
15 above, the defendant shall undergo, at his own expense (or at county expense
16 through the procedures set forth in chapters 34 and 35, title 31, Idaho Code),
17 a substance abuse evaluation at a facility approved by the Idaho department of
18 health and welfare. Provided however, that if the defendant has no prior or
19 pending charges under the provisions of subsection (a), (b), (c) or (e), of
20 section 37-2732, Idaho Code, and the court does not have any reason to believe
21 that the defendant regularly abuses drugs and is in need of treatment, the
22 court may, in its discretion, waive the evaluation with respect to sentencing
23 for a violation of subsection (b) or (e) of section 37-2732, Idaho Code, and
24 proceed to sentence the defendant. The court may also, in its discretion,
25 waive the requirement of a substance abuse evaluation with respect to a
26 defendant's violation of the provisions of subsection (a), (b), (c) or (e), of
27 section 37-2732, Idaho Code, and proceed to sentence the defendant if the
28 court has a presentence investigation report, substance abuse assessment,
29 criminogenic risk assessment, or similar assessment tool which has evaluated
30 the defendant's need for substance abuse treatment conducted within twelve
31 (12) months preceding the date of the defendant's sentencing.
32 (3) In the event the a substance abuse evaluation indicates the need for
33 substance abuse treatment, the evaluation shall recommend an appropriate
34 treatment program, together with the estimated costs thereof, and recommenda-
35 tions for other suitable alternative treatment programs, together with the
36 estimated costs thereof. The person shall request that a copy of the completed
37 evaluation be forwarded to the court. The court shall take the evaluation into
38 consideration to determine an appropriate sentence. If a copy of the completed
39 evaluation has not been provided to the court, the court may proceed to sen-
40 tence the defendant; however, in such event it shall be presumed that sub-
41 stance abuse treatment is needed unless it is shown by a preponderance of evi-
42 dence that treatment is not required. If the defendant has not made a good
43 faith effort to provide the completed copy of the evaluation to the court, the
2
1 court may consider the failure of the defendant to provide or report an aggra-
2 vating circumstance in determining an appropriate sentence. If treatment is
3 ordered, the person or facility performing the evaluation shall not be the
4 person or facility that provides the treatment, unless this requirement is
5 waived by the sentencing court, and with the exception of federally recognized
6 Indian tribes or federal military installations where diagnoses and treatment
7 are appropriate and available. Nothing herein contained shall preclude the use
8 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho
9 Code, for court ordered substance abuse treatment for indigent defendants.
10 (34) When sentencing an individual for the crimes enumerated in section
11 (1) of this section, the court shall not enter a withheld judgment unless it
12 finds by a preponderence preponderance of the evidence that:
13 (a) The defendant has no prior finding of guilt for any felony, any
14 violation of chapter 80, title 18, Idaho Code, or subsections (a), (b),
15 (c) or (e), of section 37-2732, Idaho Code, whatsoever; and
16 (b) The sentencing court has an abiding conviction that the defendant
17 will successfully complete the terms of probation; and
18 (c) The defendant has satisfactorily cooperated with law enforcement
19 authorities in the prosecution of drug related crimes of which the defend-
20 ant has previously had involvement.
21 (45) Any person who pleads guilty to or is found guilty of a violation of
22 the provisions of the Idaho Code identified in subsection (1) of this section
23 shall, when granted a probationary period of any sort whatsoever, be required
24 by the court to complete a period of not less than one hundred (100) hours of
25 community service work.
26 SECTION 2. That Section 18-1502C, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 18-1502C. POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE
29 OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of
30 age who shall have in his possession any marijuana as defined in section
31 37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so
32 charged, or who shall have in his possession any drug paraphernalia as defined
33 in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the
34 influence of controlled substances in violation of the provisions of section
35 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction,
36 may be punished by a fine not in excess of one thousand dollars ($1,000) or by
37 ninety (90) days in a juvenile detention facility or by both or may be subject
38 to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adju-
39 dicated under the provisions of chapter 5, title 20, Idaho Code, for a viola-
40 tion of this section he shall be sentenced in accordance with the provisions
41 of chapter 5, title 20, Idaho Code. The juvenile shall be adjudicated under
42 chapter 5, title 20, Idaho Code, for a violation of section 37-2732C, Idaho
43 Code, unless the court finds that adjudication under chapter 5, title 20,
44 Idaho Code, is not appropriate in the circumstances.
45 (2) A conviction under this section shall not be used as a factor or con-
46 sidered in any manner for the purpose of establishing rates of motor vehicle
47 insurance charged by a casualty insurer, nor shall such conviction be grounds
48 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho
49 Code.
50 (3) Any person who pleads guilty or is found guilty of possession of mar-
51 ijuana pursuant to this section, or any person under eighteen (18) years of
52 age who pleads guilty or is found guilty of a violation of section 37-2732C,
53 Idaho Code, then in addition to the penalty provided in subsection (1) of this
3
1 section:
2 (a) The court shall suspend the person's driving privileges for a period
3 of not more than one (1) year. The person may request restricted driving
4 privileges during the period of suspension, which the court may allow, if
5 the person shows by a preponderance of the evidence that driving privi-
6 leges are necessary as deemed appropriate by the court.
7 (b) If the person's driving privileges have been previously suspended
8 under this section, the court shall suspend the person's driving privi-
9 leges for a period of not more than two (2) years. The person may request
10 restricted driving privileges during the period of suspension, which the
11 court may allow, if the person shows by a preponderance of the evidence
12 that driving privileges are necessary as deemed appropriate by the court.
13 (c) The person shall surrender his license or permit to the court.
14 (d) The court shall notify the motor vehicle division of the Idaho trans-
15 portation department of all orders of suspension it issues pursuant to
16 this section.
17 (4) The court, in its discretion, may also order the person convicted of
18 possession of marijuana under subsection (1) of this section, or a person
19 under eighteen (18) years of age who has been convicted of using or being
20 under the influence of a controlled substance in violation of section
21 37-2732C, Idaho Code, to undergo and complete a substance abuse evaluation and
22 to complete a drug treatment program, as provided in section 37-2738(2), Idaho
23 Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Ring
Seconded by Ridinger
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 335
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 29, delete "tool".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 335, As Amended
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO SENTENCING CRITERIA IN DRUG CASES; AMENDING SECTION 37-2738, IDAHO
3 CODE, TO REVISE PROVISIONS RELATING TO SUBSTANCE ABUSE EVALUATIONS AND TO
4 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 18-1502C, IDAHO CODE, TO
5 CLARIFY A CODE REFERENCE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 37-2738, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 37-2738. SENTENCING CRITERIA IN DRUG CASES. (1) Any person who pleads
10 guilty to, is found guilty of or has a judgment of conviction entered upon a
11 violation of the provisions of subsections (a), (b), (c) or (e), of section
12 37-2732, Idaho Code, shall be sentenced according to the criteria set forth
13 herein.
14 (2) Prior to sentencing for a violation enumerated in subsection (1)
15 above, the defendant shall undergo, at his own expense (or at county expense
16 through the procedures set forth in chapters 34 and 35, title 31, Idaho Code),
17 a substance abuse evaluation at a facility approved by the Idaho department of
18 health and welfare. Provided however, that if the defendant has no prior or
19 pending charges under the provisions of subsection (a), (b), (c) or (e), of
20 section 37-2732, Idaho Code, and the court does not have any reason to believe
21 that the defendant regularly abuses drugs and is in need of treatment, the
22 court may, in its discretion, waive the evaluation with respect to sentencing
23 for a violation of subsection (b) or (e) of section 37-2732, Idaho Code, and
24 proceed to sentence the defendant. The court may also, in its discretion,
25 waive the requirement of a substance abuse evaluation with respect to a
26 defendant's violation of the provisions of subsection (a), (b), (c) or (e), of
27 section 37-2732, Idaho Code, and proceed to sentence the defendant if the
28 court has a presentence investigation report, substance abuse assessment,
29 criminogenic risk assessment, or similar assessment which has evaluated the
30 defendant's need for substance abuse treatment conducted within twelve (12)
31 months preceding the date of the defendant's sentencing.
32 (3) In the event the a substance abuse evaluation indicates the need for
33 substance abuse treatment, the evaluation shall recommend an appropriate
34 treatment program, together with the estimated costs thereof, and recommenda-
35 tions for other suitable alternative treatment programs, together with the
36 estimated costs thereof. The person shall request that a copy of the completed
37 evaluation be forwarded to the court. The court shall take the evaluation into
38 consideration to determine an appropriate sentence. If a copy of the completed
39 evaluation has not been provided to the court, the court may proceed to sen-
40 tence the defendant; however, in such event it shall be presumed that sub-
41 stance abuse treatment is needed unless it is shown by a preponderance of evi-
42 dence that treatment is not required. If the defendant has not made a good
43 faith effort to provide the completed copy of the evaluation to the court, the
2
1 court may consider the failure of the defendant to provide or report an aggra-
2 vating circumstance in determining an appropriate sentence. If treatment is
3 ordered, the person or facility performing the evaluation shall not be the
4 person or facility that provides the treatment, unless this requirement is
5 waived by the sentencing court, and with the exception of federally recognized
6 Indian tribes or federal military installations where diagnoses and treatment
7 are appropriate and available. Nothing herein contained shall preclude the use
8 of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho
9 Code, for court ordered substance abuse treatment for indigent defendants.
10 (34) When sentencing an individual for the crimes enumerated in section
11 (1) of this section, the court shall not enter a withheld judgment unless it
12 finds by a preponderence preponderance of the evidence that:
13 (a) The defendant has no prior finding of guilt for any felony, any
14 violation of chapter 80, title 18, Idaho Code, or subsections (a), (b),
15 (c) or (e), of section 37-2732, Idaho Code, whatsoever; and
16 (b) The sentencing court has an abiding conviction that the defendant
17 will successfully complete the terms of probation; and
18 (c) The defendant has satisfactorily cooperated with law enforcement
19 authorities in the prosecution of drug related crimes of which the defend-
20 ant has previously had involvement.
21 (45) Any person who pleads guilty to or is found guilty of a violation of
22 the provisions of the Idaho Code identified in subsection (1) of this section
23 shall, when granted a probationary period of any sort whatsoever, be required
24 by the court to complete a period of not less than one hundred (100) hours of
25 community service work.
26 SECTION 2. That Section 18-1502C, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 18-1502C. POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE
29 OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of
30 age who shall have in his possession any marijuana as defined in section
31 37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so
32 charged, or who shall have in his possession any drug paraphernalia as defined
33 in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the
34 influence of controlled substances in violation of the provisions of section
35 37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction,
36 may be punished by a fine not in excess of one thousand dollars ($1,000) or by
37 ninety (90) days in a juvenile detention facility or by both or may be subject
38 to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is adju-
39 dicated under the provisions of chapter 5, title 20, Idaho Code, for a viola-
40 tion of this section he shall be sentenced in accordance with the provisions
41 of chapter 5, title 20, Idaho Code. The juvenile shall be adjudicated under
42 chapter 5, title 20, Idaho Code, for a violation of section 37-2732C, Idaho
43 Code, unless the court finds that adjudication under chapter 5, title 20,
44 Idaho Code, is not appropriate in the circumstances.
45 (2) A conviction under this section shall not be used as a factor or con-
46 sidered in any manner for the purpose of establishing rates of motor vehicle
47 insurance charged by a casualty insurer, nor shall such conviction be grounds
48 for nonrenewal of any insurance policy as provided in section 41-2507, Idaho
49 Code.
50 (3) Any person who pleads guilty or is found guilty of possession of mar-
51 ijuana pursuant to this section, or any person under eighteen (18) years of
52 age who pleads guilty or is found guilty of a violation of section 37-2732C,
53 Idaho Code, then in addition to the penalty provided in subsection (1) of this
3
1 section:
2 (a) The court shall suspend the person's driving privileges for a period
3 of not more than one (1) year. The person may request restricted driving
4 privileges during the period of suspension, which the court may allow, if
5 the person shows by a preponderance of the evidence that driving privi-
6 leges are necessary as deemed appropriate by the court.
7 (b) If the person's driving privileges have been previously suspended
8 under this section, the court shall suspend the person's driving privi-
9 leges for a period of not more than two (2) years. The person may request
10 restricted driving privileges during the period of suspension, which the
11 court may allow, if the person shows by a preponderance of the evidence
12 that driving privileges are necessary as deemed appropriate by the court.
13 (c) The person shall surrender his license or permit to the court.
14 (d) The court shall notify the motor vehicle division of the Idaho trans-
15 portation department of all orders of suspension it issues pursuant to
16 this section.
17 (4) The court, in its discretion, may also order the person convicted of
18 possession of marijuana under subsection (1) of this section, or a person
19 under eighteen (18) years of age who has been convicted of using or being
20 under the influence of a controlled substance in violation of section
21 37-2732C, Idaho Code, to undergo and complete a substance abuse evaluation and
22 to complete a drug treatment program, as provided in section 37-2738(2), Idaho
23 Code.
STATEMENT OF PURPOSE
RS 13105
Prior to the sentencing for certain drug crimes, Section 37-2738,
Idaho Code, provides for a substance abuse evaluation of the
defendant for the assistance of the sentencing judge in
determining whether substance abuse treatment should be ordered
as part of the sentence.
Presently, an evaluation must be obtained in every case for the
purpose of deciding whether treatment of the defendant is
indicated. As a matter of judicial economy, judges who handle
these cases believe that in an appropriate case these evaluations
are unnecessary and may be dispensed with if the sentencing judge
has sufficient information to make an informed decision
concerning whether or not a rehabilitative treatment program
should be ordered. For example, a criminogenic risk needs
assessment is already required before entry into drug courts and
the judge has a comprehensive pre-sentence investigation report
in felony alcohol and drug cases. Often, the defendant's past
record of drug offenses will be dispositive concerning an
appropriate sentence.
The amendment to Section 37-2738, Idaho Code, made by the bill
provides that with respect to certain drug offenses committed by
first-time offenders of the drug laws, the court may waive the
evaluation if there is no information before the court which
suggests that the defendant regularly abuses drugs or is in need
of treatment. The judge may also waive an evaluation if the
defendant has within 12 months of sentencing been evaluated for
this purpose.
FISCAL IMPACT
This bill will not add to the cost of state or local funds and is
anticipated to have a positive impact on county funds that would
otherwise by used to pay for unnecessary evaluations of indigent
defendants.
Contact
Name: Rep. Robert Ring
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 335