View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0334......................................................by STATE AFFAIRS
MENTAL HEALTH COURT - Amends existing law to provide for the Drug Court,
Mental Health Court and Family Court Services Fund; to provide for the use
of moneys; and to revise provisions applicable to the payment, disposition
and apportionment of fines and forfeitures.
03/14 House intro - 1st rdg - to printing
03/15 Rpt prt - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 51-10-9
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Denney, Edmunson(Barker), Ellsworth, Field(18), Field(23),
Garrett, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Martinez,
Mathews, McGeachin, Miller, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ringo, Rydalch, Sali, Sayler, Shepherd(2), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wood, Mr.
Speaker
NAYS -- Barrett, Crow, Hart, Lake, Loertscher, McKague, Moyle,
Schaefer, Shepherd(8), Stevenson
Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring,
Roberts, Rusche, Wills
Floor Sponsor - Field(18)
Title apvd - to Senate
03/22 Senate intro - 1st rdg - to Jud
03/24 Rpt out - rec d/p - to 2nd rdg
03/25 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, 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 -- None
Floor Sponsor - Darrington
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed - Pres signed
04/04 To Governor
04/12 Governor signed
Session Law Chapter 360
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. 334
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MENTAL HEALTH COURT FUNDS; AMENDING SECTION 1-1625, IDAHO CODE, TO
3 REVISE DESCRIPTIVE LANGUAGE, TO PROVIDE FOR THE DRUG COURT, MENTAL HEALTH
4 COURT AND FAMILY COURT SERVICES FUND, TO REFERENCE MENTAL HEALTH COURTS,
5 TO DELETE LANGUAGE REFERENCING DRUG COURT TREATMENT AND SUPERVISION AND TO
6 PROVIDE FOR THE USE OF MONEYS; AMENDING SECTION 19-4705, IDAHO CODE, TO
7 REVISE PROVISIONS APPLICABLE TO THE PAYMENT, DISPOSITION AND APPORTIONMENT
8 OF FINES AND FORFEITURES; AND AMENDING SECTION 23-217, IDAHO CODE, TO PRO-
9 VIDE A REFERENCE TO THE DRUG COURT, MENTAL HEALTH COURT AND FAMILY COURT
10 SERVICES FUND.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 1-1625, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 1-1625. DRUG COURT, MENTAL HEALTH COURT AND FAMILY COURT SERVICES FUND.
15 There is hereby created in the office of the state treasurer a special fund to
16 be known as the drug court, mental health court and family court services
17 fund. Moneys deposited into the fund pursuant to sections 19-4705 and 23-217,
18 Idaho Code, subject to appropriation by the legislature, shall be used by the
19 supreme court for the operations of drug courts and mental health courts,
20 including drug testing, drug court substance abuse treatment and supervision,
21 mental health assessment, treatment and supervision, and related court pro-
22 grams, as provided in chapter 56, title 19, Idaho Code, and for the purpose of
23 assisting children and families in the courts, as provided in chapter 14,
24 title 32, Idaho Code, and for other court services as provided by statute.
25 SECTION 2. That Section 19-4705, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
28 DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsection
29 (2) of this section:
30 (a) All fines and forfeitures collected pursuant to the judgment of any
31 court of the state shall be remitted to the court in which the judgment
32 was rendered. The judgment shall then be satisfied by entry in the docket
33 of the court. The clerk of the court shall daily remit all fines and for-
34 feitures to the county auditor who shall at the end of each month appor-
35 tion the proceeds according to the provisions of this act. Other existing
36 laws regarding the disposition of fines and forfeitures are hereby
37 repealed to the extent such laws are inconsistent with the provisions of
38 this act except as provided in section 49-1013(3), Idaho Code.
39 (b) Fines and forfeitures remitted for violations of fish and game laws
40 shall be apportioned two and one-half percent (2 1/2%) to the state trea-
41 surer for deposit in the state general account, ten percent (10%) to the
2
1 search and rescue account, twenty-two and one-half percent (22 1/2%) to
2 the district court fund and sixty-five percent (65%) to the fish and game
3 fund.
4 (c) Fines and forfeitures remitted for violations of state motor vehicle
5 laws, for violation of state driving privilege laws, and for violation of
6 state laws prohibiting driving while under the influence of alcohol,
7 drugs or any other intoxicating substances, shall be apportioned ten per-
8 cent (10%) to the state treasurer of which ninety percent (90%) shall be
9 deposited to the state general fund and ten percent (10%) shall be depos-
10 ited to the peace officers standards and training fund authorized in sec-
11 tion 19-5116, Idaho Code, forty-five percent (45%) to the state treasurer
12 for deposit in the highway distribution account, twenty-two and one-half
13 percent (22 1/2%) to the district court fund and twenty-two and one-half
14 percent (22 1/2%) to the state treasurer for deposit in the public school
15 income fund; provided, however, that fines and forfeitures remitted for
16 violation of state motor vehicle laws, for violation of state driving
17 privilege laws, and for violation of state laws prohibiting driving while
18 under the influence of alcohol, drugs or any other intoxicating sub-
19 stances, where an arrest is made or a citation is issued by a city law
20 enforcement official, or by a law enforcement official of a governmental
21 agency under contract to provide law enforcement services for a city,
22 shall be apportioned ten percent (10%) to the state treasurer of which
23 ninety percent (90%) shall be deposited to the state general fund and ten
24 percent (10%) shall be deposited to the peace officers standards and
25 training fund authorized in section 19-5116, Idaho Code, and ninety per-
26 cent (90%) to the city whose officer made the arrest or issued the cita-
27 tion.
28 (d) Fines and forfeitures remitted for violation of any state law not
29 involving fish and game laws, or motor vehicle laws, or state driving
30 privilege laws, or state laws prohibiting driving while under the influ-
31 ence of alcohol, drugs or any other intoxicating substances, shall be
32 apportioned ten percent (10%) to the state treasurer of which ninety per-
33 cent (90%) shall be deposited to the state general fund and ten percent
34 (10%) shall be deposited to the peace officers standards and training fund
35 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the
36 district court fund of the county in which the violation occurred.
37 (e) Fines and forfeitures remitted for violation of county ordinances
38 shall be apportioned ten percent (10%) to the state treasurer of which
39 ninety percent (90%) shall be deposited to the state general fund and ten
40 percent (10%) shall be deposited to the peace officers standards and
41 training fund authorized in section 19-5116, Idaho Code, and ninety per-
42 cent (90%) to the district court fund of the county whose ordinance was
43 violated.
44 (f) Fines and forfeitures remitted for violation of city ordinances shall
45 be apportioned ten percent (10%) to the state treasurer of which ninety
46 percent (90%) shall be deposited to the state general fund and ten percent
47 (10%) shall be deposited to the peace officers standards and training fund
48 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to the
49 city whose ordinance was violated.
50 (g) Fines and forfeitures remitted for violations not specified in this
51 act shall be apportioned ten percent (10%) to the state treasurer of
52 which ninety percent (90%) shall be deposited to the state general fund
53 and ten percent (10%) shall be deposited to the peace officers standards
54 and training fund authorized in section 19-5116, Idaho Code, and ninety
55 percent (90%) to the district court fund of the county in which the viola-
3
1 tion occurred except in cases where a duly designated officer of any city
2 police department or city law enforcement official shall have made the
3 arrest for any such violation, in which case ninety percent (90%) shall be
4 apportioned to the city whose officer made the arrest.
5 (h) Fines and forfeitures remitted for violations involving registrations
6 of motorcycles or motor-driven cycles used off highways, snowmobiles, or
7 use of winter recreation parking areas shall be apportioned ten percent
8 (10%) to the state treasurer of which ninety percent (90%) shall be depos-
9 ited to the state general fund and ten percent (10%) shall be deposited to
10 the peace officers standards and training fund authorized in section
11 19-5116, Idaho Code, and ninety percent (90%) to the general fund of the
12 county or city whose law enforcement official issued the citation.
13 (i) Fines and forfeitures remitted for violations of overweight laws as
14 provided in section 49-1013(3), Idaho Code, shall be deposited one hundred
15 percent (100%) into the highway distribution account.
16 (2) Any fine or forfeiture remitted for any misdemeanor violation for
17 which an increase in the maximum fine became effective July 1, 2005, shall be
18 apportioned as follows:
19 (a) Any funds remitted, up to the maximum amount that could have been
20 imposed before July 1, 2005, as a fine for the misdemeanor violation,
21 shall be apportioned according to the applicable provisions of subsection
22 (1) of this section; and
23 (b) Any other funds remitted, in excess of the maximum amount that could
24 have been imposed before July 1, 2005, as a fine for the misdemeanor
25 violation, shall be remitted to the state treasurer and shall be deposited
26 in the drug court, mental health court and family court services fund as
27 set forth in section 1-1625, Idaho Code.
28 (j3) As used in this section, the term "city law enforcement official"
29 shall include an official of any governmental agency which is providing law
30 enforcement services to a city in accordance with the terms of a contract or
31 agreement, when such official makes the arrest or issues a citation within the
32 geographical limits of the city and when the contract or agreement provides
33 for payment to the city of fines and forfeitures resulting from such service.
34 SECTION 3. That Section 23-217, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 23-217. SURCHARGE ADDED TO PRICE OF GOODS SOLD -- COLLECTION AND REMIS-
37 SION BY SUPERINTENDENT. (1) The superintendent of the state liquor dispensary
38 is hereby authorized and directed to include in the price of goods hereafter
39 sold in the dispensary, and its branches, a surcharge equal to two percent
40 (2%) of the current price per unit computed to the nearest multiple of five
41 cents (5¢).
42 (2) After the price of the surcharge has been included, the superintend-
43 ent of the state liquor dispensary is hereby authorized and directed to allow
44 a discount of five percent (5%) from the price of each order of goods sold to
45 any licensee, as defined in section 23-902(7), Idaho Code.
46 (3) The surcharge imposed pursuant to this section shall be collected and
47 credited monthly to the drug court, mental health court and family court ser-
48 vices fund, as set forth in section 1-1625, Idaho Code.
STATEMENT OF PURPOSE
RS 15137C2
The purpose of this bill is to expand funding for drug courts and mental
health courts.
The Drug Court and Family Court Services Fund would become the Drug Court,
Mental Health Court and Family Court Services Fund. Moneys deposited into
the fund could be used for the present specified purposes, and also for the
operation of mental health courts, mental health assessment, treatment and
supervision, and other court services as provided by statute. These funds
would continue to be subject to appropriation by the Legislature.
The bill would also provide additional funding for these court services.
For those misdemeanors for which the maximum fine is increased effective
July 1, 2005, any fine or forfeiture remitted over and above the maximum
fine that could have been imposed prior to July 1, 2005, would be deposited
in the Drug Court, Mental Health Court and Family Court Services Fund. The
additional revenue deposited in the fund as a result of these provisions,
based upon reasonable estimates, will allow the Supreme Court to expand
drug courts and mental health courts by approximately 300 participants.
This assumes that the Department of Health and Welfare, through its
substance abuse treatment funds and the Access to Recovery Grant, the
Department of Correction, and the counties can provide the requisite
substance abuse and mental health assessment, treatment and supervision
costs. The Fund will provide drug testing, court coordination, evaluation
and operating costs. Additional revenue will provide substance abuse
assessment and treatment, mental health assessment and treatment, and other
court services required by statute.
FISCAL NOTE
Increases in the maximum fines for several misdemeanors are being proposed
in separate legislation. If that legislation is enacted, the additional
funds generated will depend on several factors that cannot be precisely
determined, including conviction rates, the percentage of cases in which
the court would impose a fine higher than the previously existing maximum
fine, the amount by which such fines would exceed the previously existing
maximum fine, and collection rates. Considering the cases in which a fine
will be imposed that is greater than the previously existing maximum, and
assuming that the fines in such cases exceed the previously existing
maximum by an average of between $200 and $300, and using reasonable
estimates for the other variable factors, it would appear that the funds
generated will be between approximately $818,000 and $1,222,000. Any
variance from the estimates factored into this projection could affect the
amount actually generated.
Contact
Name: Representative Debbie Field
Phone 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 334