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H0204................................by JUDICIARY, RULES AND ADMINISTRATION COURT JURISDICTION - Amends existing law relating to court jurisdiction to provide that under certain circumstances the court may decide whether to place a defendant on probation or release within a reasonable time after the one hundred eighty day period of retained jurisdiction has expired. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Black, Collins, Crow Floor Sponsor - Shirley Title apvd - to Senate 03/02 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Williams NAYS -- None Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat vacant) Floor Sponsor - Jorgenson Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 186 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 204 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO COURT JURISDICTION; AMENDING SECTION 19-2601, IDAHO CODE, TO PRO- 3 VIDE THAT UNDER CERTAIN CIRCUMSTANCES THE COURT MAY DECIDE WHETHER TO 4 PLACE A DEFENDANT ON PROBATION OR RELEASE JURISDICTION WITHIN A REASONABLE 5 TIME AFTER THE ONE HUNDRED EIGHTY DAY PERIOD OF RETAINED JURISDICTION HAS 6 EXPIRED. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-2601, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-2601. COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE -- PROBATION. 11 Whenever any person shall have been convicted, or enter a plea of guilty, in 12 any district court of the state of Idaho, of or to any crime against the laws 13 of the state, except those of treason or murder, the court in its discretion, 14 may: 15 1. Commute the sentence and confine the defendant in the county jail, or, 16 if the defendant is of proper age, commit the defendant to the custody of the 17 state department of juvenile corrections; or 18 2. Suspend the execution of the judgment at the time of judgment or at 19 any time during the term of a sentence in the county jail and place the 20 defendant on probation under such terms and conditions as it deems necessary 21 and expedient; or 22 3. Withhold judgment on such terms and for such time as it may prescribe 23 and may place the defendant on probation; or 24 4. Suspend the execution of the judgment at any time during the first one 25 hundred eighty (180) days of a sentence to the custody of the state board of 26 correction. The court shall retain jurisdiction over the prisoner for the 27 first one hundred eighty (180) days or, if the prisoner is a juvenile, until 28 the juvenile reaches twenty-one (21) years of age. The prisoner will remain 29 committed to the board of correction if not affirmatively placed on probation 30 by the court. In extraordinary circumstances, where the court concludes that 31 it is unable to obtain and evaluate the relevant information within the one 32 hundred eighty (180) day period of retained jurisdiction, or where the court 33 concludes that a hearing is required and is unable to obtain the defendant's 34 presence for such a hearing within such period, the court may decide whether 35 to place the defendant on probation or release jurisdiction within a reason- 36 able time, not to exceed thirty (30) days, after the one hundred eighty (180) 37 day period of retained jurisdiction has expired. Placement on probation shall 38 be under such terms and conditions as the court deems necessary and expedient. 39 The court in its discretion may sentence a defendant to more than one (1) 40 period of retained jurisdiction after a defendant has been placed on probation 41 in a case. In no case shall the board of correction or its agent, the depart- 42 ment of correction, be required to hold a hearing of any kind with respect to 43 a recommendation to the court for the grant or denial of probation. Probation 2 1 is a matter left to the sound discretion of the court. Any recommendation made 2 by the department to the court regarding the prisoner shall be in the nature 3 of an addendum to the presentence report. The board of correction and its 4 agency, the department of correction, and their employees shall not be held 5 financially responsible for damages, injunctive or declaratory relief for any 6 recommendation made to the district court under this section. 7 5. If the crime involved is a felony and if judgment is withheld as pro- 8 vided in subsection 3. of this section or if judgment and a sentence of cus- 9 tody to the state board of correction is suspended at the time of judgment in 10 accordance with subsection 2. of this section or as provided by subsection 4. 11 of this section and the court shall place the defendant upon probation, it 12 shall be to the board of correction, to a county juvenile probation depart- 13 ment, or any other person or persons the court, in its discretion, deems 14 appropriate. 15 6. If the crime involved is a misdemeanor, indictable or otherwise, or if 16 the court should suspend any remaining portion of a jail sentence already com- 17 muted in accordance with subsection 1. of this section, the court, if it 18 grants probation, may place the defendant on probation. If the convicted per- 19 son is a juvenile held for adult criminal proceedings, the court may order 20 probation under the supervision of the county's juvenile probation department. 21 7. The period of probation ordered by a court under this section under a 22 conviction or plea of guilty for a misdemeanor, indictable or otherwise, may 23 be for a period of not more than two (2) years; and under a conviction or plea 24 of guilty for a felony the period of probation may be for a period of not more 25 than the maximum period for which the defendant might have been imprisoned.
STATEMENT OF PURPOSE RS14873 This bill is intended to resolve the uncertainty that now exists as to when a sentencing court can make a decision as to whether to place a defendant on probation following a period of retained jurisdiction. Idaho Code 19-2601(4) provides that a sentencing court can retain jurisdiction over a defendant for 180 days, and that at any time during that period the court may place the defendant on probation. In State v. Diggie, 140 Idaho 238, 91 P.3d 1142 (Ct. App. 2004), the Court of Appeals reaffirmed that a sentencing court loses jurisdiction over a defendant and may no longer place the defendant on probation when the 180-day period expires. The Court went on to say, however, "We deem it unnecessary to hold in this case that a sentencing court may never make a decision to place a defendant on probation within a reasonable time after the 180-day period of retained jurisdiction has expired where extraordinary circumstances exist that may explain or justify court action beyond the statutorily established period." 91 P.3d at 1145. This bill would provide that a court that has retained jurisdiction may place a defendant on probation after the 180-day period has expired only where extraordinary circumstances exist that prevent the court from obtaining needed information or securing the defendant's presence for a hearing. Even then, the 180-day period could be extended only for 30 days. This would resolve the existing uncertainty in the law and provide some leeway for sentencing courts in the small number of cases where such extraordinary circumstances are present. FISCAL NOTE This bill would have no impact on the general fund. Contact Person: Patricia Tobias Administrative Director of the Courts (208) 334-2246 Statement of Purpose/Fiscal Note H 204