2004 Legislation
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SENATE BILL NO. 1416 – Govt entity/employees, immunity

SENATE BILL NO. 1416

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Bill Status



S1416................................................by JUDICIARY AND RULES
GOVERNMENT ENTITIES - EMPLOYEES - Amends existing law to provide for
immunity under the tort claims act under certain circumstances for a
governmental entity or employees from a claim arising from an injury to a
person or property when the person is being supervised as part of court
imposed drug court program; and to provide for an arrest without warrant
for persons under drug court supervision under certain circumstances.
                                                                        
03/01    Senate intro - 1st rdg - to printing
03/02    Rpt prt - to Jud
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor - Lodge
    Title apvd - to House
03/11    House intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      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,
      Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Lake, Moyle
    Floor Sponsor - Ring
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 227
         Effective: 03/23/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1416
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRUG COURT PROGRAMS; AMENDING SECTION 6-904A, IDAHO CODE, TO  PRO-
  3        VIDE  FOR  IMMUNITY  UNDER THE TORT CLAIMS ACT UNDER CERTAIN CIRCUMSTANCES
  4        FOR A GOVERNMENTAL ENTITY OR EMPLOYEES FROM A CLAIM ARISING FROM AN INJURY
  5        TO A PERSON OR PROPERTY WHEN THE PERSON IS BEING  SUPERVISED  AS  PART  OF
  6        COURT  IMPOSED DRUG COURT PROGRAM; AMENDING SECTION 20-227, IDAHO CODE, TO
  7        PROVIDE FOR AN ARREST WITHOUT WARRANT FOR PERSONS UNDER DRUG COURT  SUPER-
  8        VISION UNDER CERTAIN CIRCUMSTANCES; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  6-904A, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        6-904A.  EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental  entity  and
 13    its employees while acting within the course and scope of their employment and
 14    without  malice  or  criminal  intent and without reckless, willful and wanton
 15    conduct as defined in section 6-904C, Idaho Code, shall not be liable for  any
 16    claim which:
 17        1.  Arises out of the assessment or collection of any tax or fee.
 18        2.  Arises  out of injury to a person or property by a person under super-
 19    vision, custody or care of a governmental entity or by or to a person  who  is
 20    on probation, or parole, or who is being supervised as part of a court imposed
 21    drug  court program, or any work-release program, or by or to a person receiv-
 22    ing services from a mental health center, hospital or similar facility.
                                                                        
 23        SECTION 2.  That Section 20-227, Idaho Code, be, and the  same  is  hereby
 24    amended to read as follows:
                                                                        
 25        20-227.  ARREST  OF  PAROLEE,  OR  PROBATIONER  OR PERSON UNDER DRUG COURT
 26    SUPERVISION WITHOUT WARRANT -- AGENT'S WARRANT -- DETENTION -- REPORT TO  COM-
 27    MISSION OR COURT. (1) Any parole or probation officer may arrest a parolee, or
 28    probationer,  or person under drug court supervision without a warrant, or may
 29    deputize any other officer with power of arrest to do so, by giving such offi-
 30    cer a written statement hereafter referred to as an agent's  warrant,  setting
 31    forth that the parolee, or probationer, or person under drug court supervision
 32    has,  in the judgment of said parole or probation officer, violated the condi-
 33    tions of drug court or conditions of his parole or probation.
 34        (2)  Such  written  statement  or  agent's  warrant,  delivered  with  the
 35    parolee, or probationer, or person under drug court supervision by the arrest-
 36    ing officer to the official in  charge  of  the  institution  from  which  the
 37    parolee  was  released,  the county jail or other place of detention, shall be
 38    sufficient warrant for the detention of the probationer, or parolee, or person
 39    under drug court supervision.
 40        (3)  The agent's warrant issued by the parole or probation  officer  shall
 41    be  sufficient  authorization for a local law enforcement officer to transport
                                                                        
                                           2
                                                                        
  1    the probationer, or parolee, or person under drug  court  supervision  to  the
  2    appropriate jurisdiction to be housed pending appearance before the sentencing
  3    court or the commission.
  4        (4)  The parole and probation officer shall at once notify the commission,
  5    or  the  court, of the arrest and detention of the parolee, or probationer, or
  6    person under drug court supervision, and shall  submit  in  writing  a  report
  7    showing in what manner the parolee, or probationer, or person under drug court
  8    supervision is alleged to have violated the condition of his or her parole, or
  9    probation, or drug court program.
 10        (5)  In  counties  where there are misdemeanor probation officers in addi-
 11    tion to department of correction parole or probation officers, those  officers
 12    shall  have  the same authority conferred upon department of correction parole
 13    or probation officers in this section, to  arrest  a  misdemeanor  probationer
 14    without  a  warrant  for  misdemeanor  probation  violations  occurring in the
 15    officer's presence as otherwise provided in this section.
                                                                        
 16        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 17    declared to exist, this act shall be in full force and effect on and after its
 18    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14200
                                
                                
This bill extends the same liability protection and authority of
arrest  to probation & parole officers supervising drug court
participants, as is provided to them while supervising felony
probationers and parolees.  This bill would halt any attempt on
the part of a drug court participant to challenge the legal
authority of the officer from carrying out his or her
responsibilities to supervise, and if necessary arrest a drug
court participant if he violates the conditions of the drug court
program.  The probation & parole officer is a member of the drug
court team led by the judge, and generally includes the treatment
provider, the drug court coordinator, the prosecutor, and the
defense attorney.




                         FISCAL IMPACT
                                
There is no fiscal impact to the General Fund or any other state
fund.  There may possibly be savings if litigation is avoided.





Contact
Name: Dave Nelson 
      Deputy Administrator of Operations Division
      Department of Correction
Phone: 658-2122



STATEMENT OF PURPOSE/FISCAL NOTE                      S 1416