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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, ORPROBATIONER 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, or28 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, orprobationer, 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, orprobationer, 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, orparolee, 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, orparolee, 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, orprobationer, or 6 person under drug court supervision, and shall submit in writing a report 7 showing in what manner the parolee, orprobationer, or person under drug court 8 supervision is alleged to have violated the condition of his or her parole, or9 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