2007 Legislation
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HOUSE BILL NO. 128 – Counties, prisoner reimbursement


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Bill Status

H0128................................by JUDICIARY, RULES AND ADMINISTRATION
PRISONER REIMBURSEMENT - Amends existing law relating to prisoner
reimbursement to counties to remove language providing for the filing of a
civil action by a court in the small claims department of the magistrate's
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Jud
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, 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),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Ring
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    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 - Hill
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed - To Governor
03/15    Governor signed
         Session Law Chapter 85
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 128
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section  20-607, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        20-607.  PRISONER REIMBURSEMENT TO THE  COUNTY.  (1)  The  county  sheriff
  9    shall  seek  reimbursement for any expenses incurred by the county in relation
 10    to the charge or charges for which a person was sentenced to a county jail  as
 11    follows:
 12        (a)  From  each person who is or was a prisoner, not more than twenty-five
 13        dollars ($25.00) per day for the expenses of maintaining that prisoner  up
 14        to  a  maximum  of five hundred dollars ($500), whichever is less, for the
 15        entire period of time the person was confined in the county jail,  includ-
 16        ing any period of pretrial detention;
 17        (b)  Any  other  expenses  incurred by the county in order to collect pay-
 18        ments under this section;
 19        (c)  In pursuing reimbursement under this section the county may  investi-
 20        gate the financial status of the person.
 21        (d)  The  county  where the person was sentenced shall charge the person a
 22        daily maintenance cost according to paragraph (a) of this  subsection  and
 23        shall seek reimbursement once the debt has been incurred.
 24        (2)  Before  seeking  any  reimbursement  under  this section, the sheriff
 25    shall develop a form to be used for determining the financial status of  pris-
 26    oners.  The form shall provide for obtaining the age and marital status of the
 27    prisoner, the number and ages of children of the prisoner, the number and ages
 28    of other dependents, type and value of real estate, type and value of real and
 29    personal property, type and value of investments, cash,  bank  accounts,  pen-
 30    sions, annuities, salary, wages and any other personal property of significant
 31    cash  value.  The  county  shall use the form when investigating the financial
 32    status of a prisoner and when seeking reimbursement.
 33        (3)  (a) A prisoner in a county jail shall  provide  accurate  information
 34        and  cooperate  with the county sheriff for purposes of satisfying subsec-
 35        tion (2) of this section.
 36        (b)  A prisoner who willfully refuses to provide accurate  information  or
 37        cooperate  as  provided  in  paragraph  (a)  of  this subsection shall not
 38        receive a reduction in his or her term under section 20-621, Idaho Code.
 39        (4)  At the request of the board of county commissioners, the  sheriff  of
 40    the  county shall forward to the board a list containing the name of each sen-
 41    tenced prisoner, term of sentence and date of admission.
 42        (5)  (a) Within one (1) year of the release of a  person  as  a  sentenced
 43        prisoner from any county jail, a representative for that county may file a
  1        civil  action  in the small claims department of the magistrate's division
  2        pursuant to the provisions of chapter 23, title 1,  Idaho  Code,  to  seek
  3        reimbursement  from  that  person  for  the cost of incarceration. A civil
  4        action may be filed only after determining from the financial status form,
  5        as required in subsection (2) of this section, that sufficient assets  are
  6        available  to justify  further recovery efforts and that further action to
  7        collect the daily expense for maintaining  the  sentenced  person  by  the
  8        county  will  not  cause the sentenced person or his dependents to qualify
  9        for public assistance.
 10        (b)  A civil action brought under this section shall be instituted in  the
 11        name  of the county in which the jail is located and shall state the dates
 12        and places of sentence, the length of time set forth in the sentence,  the
 13        length  of  time  actually  served,  and  the amount or amounts due to the
 14        county pursuant to this section.
 15        (c)  Before entering any order on behalf of the county against the defend-
 16        ant, the court shall take into consideration any legal obligation  of  the
 17        defendant to support a spouse, minor children, other dependents or provide
 18        victim  restitution and any moral obligation to support dependents to whom
 19        the defendant is providing or has in fact provided support.
 20        (6)  The reimbursements secured under this section shall  be  credited  to
 21    the  justice  fund  or  current expense fund of the county to be available for
 22    jail maintenance and operation purposes.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                           RS 16808
  The purpose of this bill is to delete reference in
  current law pertaining to mandatory filing of an action
  seeking prisoner reimbursement in small claims court.  By
  deleting the proposed language in Idaho Code 20-607, small
  claims court will still be available to the county, but the
  county will also have the option to seek defaults, judgments
  or stipulated settlements in the magistrate's division of the
  district court.

                        FISCAL IMPACT
  There will be no impact on the general fund of the state
  as a result of this bill.
  CONTACT:  Michael J. Kane, Idaho Sheriffs Association
  Phone:    342-4545
  STATEMENT OF PURPOSE/FISCAL NOTE                        H 128