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S1252................................................by JUDICIARY AND RULES
MENTAL HEALTH COURTS - Amends existing law relating to the State Board of
Correction to provide references to mental health courts.
01/12 Senate intro - 1st rdg - to printing
01/13 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/26 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, 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 -- Geddes
Floor Sponsor - Sweet
Title apvd - to House
01/27 House intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 60-0-10
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour,
Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Ringo, Roberts,
Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail
NAYS -- None
Absent and excused -- Bedke, Black, Crow, Field(23), Garrett,
Harwood, Pasley-Stuart, Wills, Wood, Mr. Speaker
Floor Sponsor - McGeachin
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/22 Governor signed
Session Law Chapter 143
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1252
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF CORRECTION; AMENDING SECTION 20-227, IDAHO
3 CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO PROVIDE REFERENCES TO MENTAL
4 HEALTH COURTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-227, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-227. ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR MEN-
9 TAL HEALTH COURT SUPERVISION WITHOUT WARRANT -- AGENT'S WARRANT -- DETENTION
10 -- REPORT TO COMMISSION OR COURT. (1) Any parole or probation officer may
11 arrest a parolee, probationer, or person under drug court or mental health
12 court supervision without a warrant, or may deputize any other officer with
13 power of arrest to do so, by giving such officer a written statement hereafter
14 referred to as an agent's warrant, setting forth that the parolee, proba-
15 tioner, or person under drug court or mental health court supervision has, in
16 the judgment of said parole or probation officer, violated the conditions of
17 drug court or mental health court or conditions of his parole or probation.
18 (2) Such written statement or agent's warrant, delivered with the
19 parolee, probationer, or person under drug court or mental health court super-
20 vision by the arresting officer to the official in charge of the institution
21 from which the parolee was released, the county jail or other place of deten-
22 tion, shall be sufficient warrant for the detention of the probationer,
23 parolee, or person under drug court or mental health court supervision.
24 (3) The agent's warrant issued by the parole or probation officer shall
25 be sufficient authorization for a local law enforcement officer to transport
26 the probationer, parolee, or person under drug court or mental health court
27 supervision to the appropriate jurisdiction to be housed pending appearance
28 before the sentencing court or the commission.
29 (4) The parole and probation officer shall at once notify the commission,
30 or the court, of the arrest and detention of the parolee, probationer, or per-
31 son under drug court or mental health court supervision, and shall submit in
32 writing a report showing in what manner the parolee, probationer, or person
33 under drug court or mental health court supervision is alleged to have vio-
34 lated the condition of his or her parole, probation, or drug court or mental
35 health court program.
36 (5) In counties where there are misdemeanor probation officers in addi-
37 tion to department of correction parole or probation officers, those officers
38 shall have the same authority conferred upon department of correction parole
39 or probation officers in this section, to arrest a misdemeanor probationer
40 without a warrant for misdemeanor probation violations occurring in the
41 officer's presence as otherwise provided in this section.
STATEMENT OF PURPOSE
RS 15475
This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution. It would extend the
provisions of Idaho Code 20-227 to mental health courts. This
statute provides that parole and probation officers have the
authority to arrest persons under drug court supervision without a
warrant, or to authorize another officer to make such arrest, when
in the judgment of the parole or probation officer the person has
violated the conditions of drug court or of the parole or
probation. In 2005, the Legislature amended the Idaho Drug Court
Act to extend its provisions to mental health courts; the act was
retitled the Idaho Drug Court and Mental Health Court Act. This
bill would follow up on that enactment by extending the arrest
powers of parole and probation officers to persons under the
supervision of mental health courts.
FISCAL NOTE
This bill will 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 S 1252