2005 Legislation
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HOUSE BILL NO. 95 – Parole supervision costs, fee


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Bill Status

H0095................................by JUDICIARY, RULES AND ADMINISTRATION
PAROLE SUPERVISION COSTS - Amends existing law relating to the Board of
Correction to increase the maximum fee that may be required for the payment
of parole or probation supervision costs.
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 58-10-2
      AYES -- Anderson, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Deal, Denney,
      Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart,
      Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour,
      Loertscher, Martinez, Mathews, Miller, Mitchell, Moyle, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills, Mr.
      NAYS -- Andrus, Barraclough, Barrett, Collins, Crow, Lake, McKague,
      Schaefer, Trail, Wood
      Absent and excused -- McGeachin, Nielsen
    Floor Sponsor - Pence
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Burkett
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/17    To Governor
03/21    Governor signed
         Session Law Chapter 68
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 95
  1                                        AN ACT
  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 forty
 10    fifty  dollars ($450.00) per month as determined by the board  of  correction.
 11    Costs of supervision are the direct and indirect costs incurred by the depart-
 12    ment  of correction to supervise probationers and parolees, including tests to
 13    determine drug and alcohol use, books and written materials to  support  reha-
 14    bilitation  efforts,  and  monitoring  of physical location through the use of
 15    technology. Any failure to pay such contribution shall constitute grounds  for
 16    the  revocation  of  probation by the court or the revocation of parole by the
 17    commission for pardons and parole. The division of probation and parole in the
 18    department of correction may exempt a person from the payment of  all  or  any
 19    part of the foregoing contribution if it finds any of the following factors to
 20    exist:
 21        (1)  The  offender  has  diligently  attempted  but  been unable to obtain
 22        employment.
 23        (2)  The offender has an employment handicap, as determined by a physical,
 24        psychological, or psychiatric examination acceptable to  the  division  of
 25        probation and parole.
 26    Money  collected  as  a  fee  for services will be placed in the probation and
 27    parole receipts account revenue fund, which is hereby created in the dedicated
 28    fund in the state treasury, and utilized to provide supervision  for  clients.
 29    Moneys  in  the  probation  and  parole  receipts  account revenue fund may be
 30    expended only after appropriation by the legislature.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE

                           RS 14478C1

According to existing Idaho Code Section 20-225, any person under
state probation or parole supervision shall be required to pay a
set fee amount to help defray the direct and indirect costs
incurred by the Department of Correction in the supervision of
probationers and parolees. Idaho Code Sections 20-219, 20-220, and
Article X, Section 5 of the State Constitution, describe that
probation and parole must provide services to all convicted felons
and must not limit case load growth or the number of pre-sentence

The objective of this legislation is to increase the monthly cost
of supervision fee assessed offenders by ten dollars, from the
current forty dollars ($40.00) to fifty dollars ($50.00) per month. 
This change in set fee amounts will allow the Division to alleviate
workload pressure on current probation and parole employees caused
by the increasing levels of offender populations, by funding new
positions and generating funds to cover related operating costs. 

                           FISCAL NOTE

Community Corrections charges 97% of supervised offenders a monthly
fee, and collects an average of $28.10 per month from each.  The
proposed ten dollars per month fee increase will generate an
additional $822,830 in revenue per year for the Department to cover
the cost of needed additional personnel and operating expenses
attributed to population growth.

As specified in statute, monies generated through collection of
this fee are placed in the probation and parole receipts account
(dedicated fund in the state treasury).  This request will not
impact the General Fund.

Name:     David (Dave) Nelsen
Agency:   Correction, Dept. of
Phone:    208-658-2122

Statement of Purpose/Fiscal Note                        H 95