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H0023................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONERS - DISCHARGE - Amends existing law relating to discharge upon
service of maximum term to authorize the Department of Correction to
discharge prisoners from custody on the last weekday preceding a Saturday,
Sunday or legal holiday.
01/18 House intro - 1st rdg - to printing
01/19 Rpt prt - to Jud
01/30 Rpt out - rec d/p - to 2nd rdg
01/31 2nd rdg - to 3rd rdg
02/01 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Block, Henbest, Roberts, Shepherd(8), Thayn
Floor Sponsor - Nielsen
Title apvd - to Senate
02/02 Senate intro - 1st rdg - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - Lodge
Title apvd - to House
23/20 To enrol
02/21 Rpt enrol - Sp signed
02/22 Pres signed
02/23 To Governor
02/23 Governor signed
Session Law Chapter 32
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 23
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DISCHARGE UPON SERVICE OF MAXIMUM TERM; AMENDING SECTION 20-239,
3 IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF CORRECTION TO DISCHARGE PRIS-
4 ONERS FROM CUSTODY ON THE LAST WEEKDAY PRECEDING A SATURDAY, SUNDAY OR
5 LEGAL HOLIDAY, TO REVISE TERMINOLOGY AND TO MAKE A GRAMMATICAL CORRECTION.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 20-239, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 20-239. DISCHARGE UPON SERVICE OF MAXIMUM TERM. Any convicted person
10 undergoing sentence in the penitentiary not sooner released under the provi-
11 sions of this act chapter, shall in accordance with the provisions of existing
12 law, be discharged from custody upon serving a maximum sentence provided by
13 law for the offense of which such person was convicted, or the maximum term
14 fixed by the court where the law does not provide for a maximum term. Provided
15 however, if the date of discharge from custody falls on a Saturday, Sunday or
16 legal holiday, then the person may be discharged from custody on the last
17 weekday immediately preceding such Saturday, Sunday or legal holiday.
STATEMENT OF PURPOSE
RS 16487
The purpose of this act it to allow the board of correction,
through the Idaho Department of Correction (“IDOC”), the
authority to release prisoners from custody on the last weekday
preceding a Saturday, Sunday, or legal holiday, when the
prisoner’s discharge date would otherwise fall on a weekend or
legal holiday. This act avoids the potential situation of a
prisoner being held in custody beyond his discharge date, when
that date falls on a weekend or legal holiday. This act also
avoids the potential situation of a prisoner being improperly
released prior to his or her actual discharge date. By granting
the board of correction this authority, this act will eliminate
the administrative problems caused to the IDOC when a prisoner’s
discharge date falls on a weekend or legal holiday.
FISCAL NOTE
There is no fiscal impact.
CONTACT
Name: Carolee Kelly
Agency: Correction, Dept. of
Phone: 658-2053
STATEMENT OF PURPOSE/FISCAL NOTE H 23