2006 Legislation
Print Friendly

HOUSE BILL NO. 716 – Defendant, drug/mental hlth court

HOUSE BILL NO. 716

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                    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