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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
]]]] 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
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