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H0716......................................................by STATE AFFAIRS
DRUG OR MENTAL HEALTH COURT PROGRAM - Amends existing law to provide that a
defendant may be discharged or a judgment amended upon a showing relating
to the defendant's graduation from a drug court program or mental health
court program and compliance with applicable probation terms and
conditions.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Garrett, Nonini, Sayler, Smith(24)
Floor Sponsor - Hart
Title apvd - to Senate
03/07 Senate intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 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 - Lodge
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 104
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 716
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL PROCEDURE; AMENDING SECTION 19-2604, IDAHO CODE, TO PRO-
3 VIDE THAT A DEFENDANT MAY BE DISCHARGED OR A JUDGMENT AMENDED UPON A SHOW-
4 ING RELATING TO THE DEFENDANT'S GRADUATION FROM A DRUG COURT PROGRAM OR
5 MENTAL HEALTH COURT PROGRAM AND COMPLIANCE WITH ANY APPLICABLE PROBATION
6 TERMS AND CONDITIONS AND TO MAKE TECHNICAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 19-2604, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 19-2604. DISCHARGE OF DEFENDANT -- AMENDMENT OF JUDGMENT. (1.) If sen-
11 tence has been imposed but suspended, or if sentence has been withheld, upon
12 application of the defendant and upon satisfactory showing that the defendant
13 has at all times complied with the terms and conditions upon which he was
14 placed on probation, or has successfully completed and graduated from an
15 authorized drug court program or mental health court program and has at all
16 times complied with the terms and conditions of probation during any period of
17 probation that may have been served following such graduation, the court may,
18 if convinced by the showing made that there is no longer cause for continuing
19 the period of probation, and if it be compatible with the public interest,
20 terminate the sentence or set aside the plea of guilty or conviction of the
21 defendant, and finally dismiss the case and discharge the defendant; and this
22 shall apply to the cases in which defendants have been convicted and granted
23 probation by the court before this law goes into effect, as well as to cases
24 which arise thereafter. The final dismissal of the case as herein provided
25 shall have the effect of restoring the defendant to his civil rights.
26 (2.) If sentence has been imposed but suspended during the first one hun-
27 dred and eighty (180) days of a sentence to the custody of the state board of
28 correction, and the defendant placed upon probation as provided in subsection
29 4. of section 19-2601, Idaho Code, upon application of the defendant, the
30 prosecuting attorney, or upon the court's own motion, and upon satisfactory
31 showing that the defendant has at all times complied with the terms and condi-
32 tions of his probation, or has successfully completed and graduated from an
33 authorized drug court program or mental health court program and has at all
34 times complied with the terms and conditions of probation during any period of
35 probation that may have been served following such graduation, the court may
36 amend the judgment of conviction from a term in the custody of the state board
37 of correction to "confinement in a penal facility" for the number of days
38 served prior to suspension, and the amended judgment may be deemed to be a
39 misdemeanor conviction.
40 (3.) Subsection (2) of this section shall not apply to any judgment of
41 conviction for a violation of the provisions of sections 18-1506, 18-1507 or
42 18-1508, Idaho Code. A judgment of conviction for a violation of the provi-
43 sions of any section listed in this subsection shall not be expunged from a
2
1 person's criminal record.
STATEMENT OF PURPOSE
RS 16065
Under Idaho Code 19-2604, criminal defendants who are placed
on probation may have their convictions set aside if: (1)
they have "at all times complied with the terms and
conditions" of probation; (2) there is no longer cause for
continuing probation; and (3) terminating probation and
setting aside the conviction is compatible with the public
interest. Similarly, defendants who are placed on retained
jurisdiction (a "rider") and subsequently receive probation
may have their felony convictions reduced to misdemeanors if
they have "at all times complied with the terms and
conditions" of probation. This bill would allow graduates
of drug courts and mental health courts to seek the relief
provided by this statute if they successfully complete the
drug court or mental health court program and comply with
all conditions of probation following their graduation. The
persons admitted to drug court and mental health court have
often committed violations of probation prior to their
admission; in many cases, it is precisely those violations
that lead to their admission to drug court and mental health
court, and thus provide them with an opportunity to confront
their problems and turn their lives around. Allowing these
persons to have their convictions set aside or reduced
following a completely satisfactory performance in drug
court or mental health court would provide them with an
added performance incentive and would enhance the
effectiveness of these courts.
FISCAL NOTE
This bill would have no impact on the general fund.
Contact
Name: Patricia Tobias, Administrative Director of the Courts
Phone:(208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE H 716