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SENATE BILL NO. 1316

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Bill Status

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S1316................................................by JUDICIARY AND RULES
PRESENTENCE INVESTIGATION REPORTS - Adds to existing law to provide that
certain judgments include a specified amount for presentence investigation
reports.

01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Jud

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1316

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO JUDGMENTS; AMENDING CHAPTER 25, TITLE 19, IDAHO CODE, BY THE ADDI-
  3        TION OF A NEW SECTION 19-2518A, IDAHO CODE, TO PROVIDE THAT CERTAIN  JUDG-
  4        MENTS INCLUDE A SPECIFIED AMOUNT FOR PRESENTENCE INVESTIGATION REPORTS.

  5    Be It Enacted by the Legislature of the State of Idaho:

  6        SECTION  1.  That  Chapter  25,  Title 19, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 19-2518A, Idaho Code, and to read as follows:

  9        19-2518A.  COST  OF PRESENTENCE INVESTIGATION REPORT. Any judgment entered
 10    under this chapter in any action in which the court orders  preparation  of  a
 11    presentence  investigation  report  shall include, as part of the judgment, an
 12    order that the defendant pay one hundred fifty dollars ($150) of the  cost  of
 13    the presentence investigation report.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 17318

The purpose of this proposed statute is to allow the Idaho
Department of Correction (IDOC) to recoup a portion of the cost of
preparation of presentence investigation (PSI) reports. The
preparation of such reports is becoming more complicated and more
costly.  This proposal would require that the court order such
payment at the time of entry of a judgment against a defendant in
a case in which a "PSI" was prepared. Under this proposal, a
defendant would pay a $150 PSI fee. To accomplish this, IDOC
proposed an entirely new statute, to follow Idaho Code, Section 
19-2518, which deals with the incorporation of fines in judgments.


                           FISCAL NOTE

The fiscal impact to this addition would be an increase in the IDOC
revenues. For FY07, IDOC completed 5,375 presentence investigation
reports for the courts. Each report costs approximately $750. Based
on historical collection rates and experience, a presentence
investigation fee of $150 per report would potentially generate
$569,000 in FY09.



Contact
Name: Kevin Kempf, Department of Correction 
Phone: 658-2122


STATEMENT OF PURPOSE/FISCAL NOTE                           S 1316