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H0408aa..............................by JUDICIARY, RULES AND ADMINISTRATION
MISDEMEANOR PROBATION SERVICES - Amends and adds to existing law to
prohibit assault or battery upon a misdemeanor probation officer; to revise
definitions; to authorize the Idaho Peace Officer Standards and Training
Council to establish standards for misdemeanor probation officers; to
provide for misdemeanor probation services; to revise a fee; and to revise
fee distribution.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/08 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 68-1-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo(Cooke), Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(24),
Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander
Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Harwood
Absent and excused -- Bedke
Floor Sponsor - Hart
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Hammond,
Heinrich, Hill, Kelly, Keough, Little, Lodge, Malepeai(Sagness),
McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Goedde, Jorgenson, Langhorst
Floor Sponsor - Burkett
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/14 Governor signed
Session Law Chapter 88
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 408 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO LAW ENFORCEMENT; AMENDING SECTION 18-915, IDAHO CODE, TO PROHIBIT 3 ASSAULT OR BATTERY UPON A MISDEMEANOR PROBATION OFFICER; AMENDING CHAPTER 4 39, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-3947, IDAHO 5 CODE, TO PROVIDE FOR COUNTY MISDEMEANOR PROBATION OFFICE SERVICES; AMEND- 6 ING SECTION 19-5101, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 7 19-5109, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO AUTHORIZE THE 8 IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL TO ESTABLISH STANDARDS 9 FOR MISDEMEANOR PROBATION OFFICERS; AMENDING SECTION 20-227, IDAHO CODE, 10 TO REVISE AUTHORITY OF MISDEMEANOR PROBATION OFFICERS; AMENDING CHAPTER 8, 11 TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-878, IDAHO CODE, 12 TO PROVIDE FOR MISDEMEANOR PROBATION SERVICES; AND AMENDING SECTION 13 31-3201D, IDAHO CODE, TO REVISE A FEE AND TO REVISE FEE DISTRIBUTION. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per- 18 son who commits a crime provided for in this chapter against or upon a jus- 19 tice, judge, magistrate, prosecuting attorney, public defender, peace officer, 20 bailiff, marshal, sheriff, police officer, correctional officer, employee of 21 the department of correction, employee of a private prison contractor while 22 employed at a private correctional facility in the state of Idaho, employees 23 of the department of water resources authorized to enforce the provisions of 24 chapter 38, title 42, Idaho Code, jailer, parole officer, misdemeanor proba- 25 tion officer, officer of the Idaho state police, fireman, social caseworkers 26 or social work specialists of the department of health and welfare, employee 27 of a state secure confinement facility for juveniles, employee of a juvenile 28 detention facility, a teacher at a detention facility or a juvenile probation 29 officer, emergency medical technician certified by the department of health 30 and welfare, emergency medical technician-ambulance certified by the depart- 31 ment of health and welfare, advanced emergency medical technician and EMT- 32 paramedic certified by the state board of medicine, a member, employee or 33 agent of the state tax commission, United States marshal, or federally commis- 34 sioned law enforcement officer or their deputies or agents and the perpetrator 35 knows or has reason to know of the victim's status, the punishment shall be as 36 follows: 37 (a) For committing battery with intent to commit a serious felony the 38 punishment shall be imprisonment in the state prison not to exceed twenty-five 39 (25) years. 40 (b) For committing any other crime in this chapter the punishment shall 41 be doubled that provided in the respective section, except as provided in sub- 42 sections (c) and (d) of this section. 43 (c) For committing a violation of the provisions of section 18-901 or 2 1 18-903, Idaho Code, against the person of a justice, judge or magistrate, 2 jailer or correctional officer or other staff of the department of correction, 3 or a county jail, or of a private correctional facility, or of an employee of 4 a state secure confinement facility for juveniles, an employee of a juvenile 5 detention facility, a teacher at a detention facility, misdemeanor probation 6 officer or a juvenile probation officer and the person committing the offense 7 knows or reasonably should know that such victim is a justice, judge or magis- 8 trate, jailer or correctional officer or other staff of the department of cor- 9 rection, or of a private correctional facility, an employee of a state secure 10 confinement facility for juveniles, an employee of a juvenile detention facil- 11 ity, a teacher at a detention facility, misdemeanor probation officer or a 12 juvenile probation officer because of the victim's former or present official 13 status, and the victim is engaged in the performance of his duties, the 14 offense shall be a felony punishable by imprisonment in a correctional facil- 15 ity for a period of not more than five (5) years, and said sentence shall be 16 served consecutively to any sentence being currently served. 17 (d) For committing a violation of the provisions of section 18-903, Idaho 18 Code, except unlawful touching as described in section 18-903(b), Idaho Code, 19 against the person of a peace officer, sheriff or police officer because of 20 the victim's former or present official status, the offense shall be a felony 21 punishable by imprisonment in a correctional facility for a period of not more 22 than five (5) years, and said sentence shall be served consecutively to any 23 sentence being currently served. 24 SECTION 2. That Chapter 39, Title 19, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 19-3947, Idaho Code, and to read as follows: 27 19-3947. COUNTY MISDEMEANOR PROBATION OFFICE SERVICES. Misdemeanor proba- 28 tion office services shall be as provided in section 31-878, Idaho Code. 29 SECTION 3. That Section 19-5101, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 19-5101. DEFINITIONS. As used in this act: 32 (a) "Council" means the Idaho peace officer standards and training coun- 33 cil. 34 (b) "County detention officer" means an employee in a county jail who is 35 responsible for the safety, care, protection, and monitoring of county jail 36 inmates. 37 (c) "Law enforcement" means any and all activities pertaining to crime 38 prevention or reduction and law enforcement, including police, courts, prose- 39 cution, corrections, probation, rehabilitation, and juvenile delinquency. 40 (d) "Peace officer" means any employee of a police or law enforcement 41 agency which is a part of or administered by the state or any political subdi- 42 vision thereof and whose duties include and primarily consist of the preven- 43 tion and detection of crime and the enforcement of penal, traffic or highway 44 laws of this state or any political subdivision. "Peace officer" also means an 45 employee of a police or law enforcement agency of a federally recognized 46 Indian tribe who has satisfactorily completed the peace officer standards and 47 training academy and has been deputized by a sheriff of a county or a chief of 48 police of a city of the state of Idaho. 49 (e) "Political subdivision" means any city or county. 3 1 SECTION 4. That Section 19-5109, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 4 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (1) It shall be 5 the duty of and the council shall have the power: 6 (a) To establish the requirements of minimum basic training which peace 7 officers shall complete in order to be eligible for permanent employment 8 as peace officers, and the time within which such basic training must be 9 completed. One (1) component of minimum basic training shall be a course 10 in the investigation of and collection of evidence in cases involving an 11 allegation of sexual assault or battery. 12 (b) To establish the requirements of minimum education and training stan- 13 dards for employment as a peace officer in probationary, temporary, part- 14 time, and/or emergency positions. 15 (c) To establish the length of time a peace officer may serve in a proba- 16 tionary, temporary, and/or emergency position. 17 (d) To approve, deny approval or revoke the approval of any institution 18 or school established by the state or any political subdivision or any 19 other party for the training of peace officers. 20 (e) To establish the minimum requirements of courses of study, atten- 21 dance, equipment, facilities of all approved schools, and the scholastic 22 requirement, experience and training of instructors at all approved 23 schools. 24 (f) To establish such other requirements for employment, retention and 25 promotion of peace officers, including minimum age, physical and mental 26 standards, citizenship, moral character, experience and such other matters 27 as relate to the competence and reliability of peace officers. 28 (g) To certify peace officers as having completed all requirements estab- 29 lished by the council in order to be eligible for permanent employment as 30 peace officers in this state. 31 (h) To receive and file for record copies of merit regulations or local 32 ordinances passed by any political subdivision. 33 (i) To maintain permanent files and transcripts for all peace officers 34 certified by the council to include any additional courses or advance 35 courses of instruction successfully completed by such peace officers while 36 employed in this state. 37 (j) To allow a peace officer of a federally recognized Indian tribe 38 within the boundaries of this state to attend the peace officer standards 39 and training academy if said peace officer meets minimum physical and edu- 40 cational requirements of the academy. The Indian tribal law enforcement 41 agency shall reimburse the peace officer standards and training academy 42 for the officer's training. Upon satisfactory completion of the peace 43 officer standards and training academy, the tribal peace officer shall 44 receive a certificate of satisfactorily completing the academy. 45 (2) After January 1, 1974, any peace officer as defined in section 46 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected 47 official or deputy serving civil process, the deputy director of the Idaho 48 state police, or any person serving under a temporary commission with any law 49 enforcement agency in times of natural or man-caused disaster declared to be 50 an emergency by the board of county commissioners or by the governor of the 51 state of Idaho, or those peace officers whose primary duties involve motor 52 vehicle parking and animal control pursuant to city or county ordinance, or 53 any peace officer acting under a special deputy commission from the Idaho 54 state police, shall be certified by the council within one (1) year of employ- 4 1 ment; provided, however, that the council may establish criteria different 2 than that required of other peace officers for certification of city police 3 chiefs or administrators within state agencies having law enforcement powers, 4 who, because of the number of full-time peace officers they supervise, have 5 duties which are primarily administrative. Any such chief of police or state 6 agency administrator employed in such capacity prior to July 1, 1987, shall be 7 exempt from certification. 8 (3) No peace officer shall have or exercise any power granted by any 9 statute of this state to peace officers unless such person shall have been 10 certified by the council within one (1) year of the date upon which such per- 11 son commenced employment as a peace officer, except in cases where the coun- 12 cil, for good cause and in writing, has granted additional time to complete 13 such training. The council shall decertify any officer who is convicted of any 14 felony or offense which would be a felony if committed in this state. The 15 council may decertify any officer who: 16 (a) Is convicted of any misdemeanor; 17 (b) Willfully or otherwise falsifies or omits any information to obtain 18 any certified status; or 19 (c) Violates any of the standards of conduct as established by the 20 council's code of ethics, as adopted and amended by the council. 21 All proceedings taken by the council shall be conducted in accordance with 22 chapter 52, title 67, Idaho Code. 23 (4) Any law enforcement agency as defined in section 19-5101(c), Idaho 24 Code, in which any peace officer shall resign as a result of any disciplinary 25 action or in which a peace officer's employment is terminated as a result of 26 any disciplinary action, shall, within fifteen (15) days of such action, make 27 a report to the council. 28 (5) The council shall, pursuant to the requirements of this section, 29 establish minimum basic training and certification standards for county deten- 30 tion officers that can be completed within one (1) year of employment as a 31 county detention officer. 32 (6) The council may, upon recommendation of the juvenile training council 33 and pursuant to the requirements of this section, implement minimum basic 34 training and certification standards for juvenile detention officers, juvenile 35 probation officers, and employees of the Idaho department of juvenile correc- 36 tions who are engaged in the direct care and management of juveniles. 37 (7) The council may, upon recommendation of the correction standards and 38 trainingcounselcouncil, and pursuant to the requirements of this section, 39 establish minimum basic training and certification standards for state correc- 40 tion officers and for adult probation and parole officers. 41 (8) The council may, upon recommendation of a probation training advisory 42 committee and pursuant to the requirements of this section, establish minimum 43 basic training and certification standards for misdemeanor probation officers. 44 (9) The council may reject any applicant for certification who has been 45 convicted of a misdemeanor, and the council shall reject an applicant for cer- 46 tification who has been convicted of a felony, the punishment for which could 47 have been imprisonment in a federal or state penal institution. 48 (910) As used in this section, "convicted" means a plea or finding of 49 guilt, notwithstanding the form of judgment or withheld judgment, regardless 50 of whether the sentence is imposed, suspended, deferred or withheld, and 51 regardless of whether the plea or conviction is set aside or withdrawn or the 52 case is dismissed or reduced under section 19-2604, Idaho Code, or any other 53 comparable statute or procedure where the setting aside of the plea or convic- 54 tion, or dismissal or reduction of the case or charge, is based upon lenity or 55 the furtherance of rehabilitation rather than upon any defect in the legality 5 1 or factual basis of the plea, finding of guilt or conviction. 2 SECTION 5. That Section 20-227, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 20-227. ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR MEN- 5 TAL HEALTH COURT SUPERVISION WITHOUT WARRANT -- AGENT'S WARRANT -- DETENTION 6 -- REPORT TO COMMISSION OR COURT. (1) Any parole or probation officer may 7 arrest a parolee, probationer, or person under drug court or mental health 8 court supervision without a warrant, or may deputize any other officer with 9 power of arrest to do so, by giving such officer a written statement hereafter 10 referred to as an agent's warrant, setting forth that the parolee, proba- 11 tioner, or person under drug court or mental health court supervision has, in 12 the judgment of said parole or probation officer, violated the conditions of 13 drug court or mental health court or conditions of his parole or probation. 14 (2) Such written statement or agent's warrant, delivered with the 15 parolee, probationer, or person under drug court or mental health court super- 16 vision by the arresting officer to the official in charge of the institution 17 from which the parolee was released, the county jail or other place of deten- 18 tion, shall be sufficient warrant for the detention of the probationer, 19 parolee, or person under drug court or mental health court supervision. 20 (3) The agent's warrant issued by the parole or probation officer shall 21 be sufficient authorization for a local law enforcement officer to transport 22 the probationer, parolee, or person under drug court or mental health court 23 supervision to the appropriate jurisdiction to be housed pending appearance 24 before the sentencing court or the commission. 25 (4) The parole and probation officer shall at once notify the commission, 26 or the court, of the arrest and detention of the parolee, probationer, or per- 27 son under drug court or mental health court supervision, and shall submit in 28 writing a report showing in what manner the parolee, probationer, or person 29 under drug court or mental health court supervision is alleged to have vio- 30 lated the condition of his or her parole, probation, or drug court or mental 31 health court program. 32 (5) In counties where there are misdemeanor probation officers in addi- 33 tion to department of correction parole or probation officers, those officers 34 shall have the same authority conferred upon department of correction parole 35 or probation officers in this section, to arrest a misdemeanor probationer 36 without a warrant for misdemeanor probation violations occurring in the 37 officer's presence or based upon probable cause that a probation violation has 38 been committed in the presence of a peace officer as reported by the peace 39 officer as otherwise provided in this section. 40 SECTION 6. That Chapter 8, Title 31, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 42 ignated as Section 31-878, Idaho Code, and to read as follows: 43 31-878. MISDEMEANOR PROBATION SERVICES. The county commissioners shall 44 provide for misdemeanor probation services to supervise misdemeanor offenders, 45 in those cases where such probation supervision has been ordered by the sen- 46 tencing court, and perform such functions as prescribed by the administrative 47 district judge in each judicial district. Counties shall not be obligated to 48 provide misdemeanor probation services beyond the funds generated by the fees 49 collected pursuant to the provisions of section 31-3201D, Idaho Code, and any 50 additional funds that may be annually appropriated by the board of county com- 51 missioners. 6 1 SECTION 7. That Section 31-3201D, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 31-3201D. COUNTY MISDEMEANOR PROBATION SUPERVISION FEE. (1) Any person 4 under a supervised probation program for a misdemeanor offense shall be 5 required to pay an amount not more thanthirty-five dollars ($35.00)the maxi- 6 mum monthly felony probation or parole supervision fee set forth in section 7 20-225, Idaho Code, per month, or such lesser sum as determined by the admin- 8 istrative judge of the judicial district, as a misdemeanor probation supervi- 9 sion fee. Any failure to pay such fee shall constitute grounds for the revoca- 10 tion of probation by the court, but this shall not be the exclusive remedy for 11 its collection. The court for good cause may exempt a person from the payment 12 of all or any part of the foregoing fee. 13 (2)The fee imposedAny fee paid under this section on or after July 1, 14 2008, and regardless of whether the underlying judgment of conviction, with- 15 held judgment or order imposing probation was entered before or after that 16 date, shall be paid to the clerk of the district court,for depositwho shall 17 pay the first one dollar ($1.00) of each monthly payment to the state trea- 18 surer for deposit in the peace officers standards and training fund authorized 19 in section 19-5116, Idaho Code, to help offset the costs to counties for the 20 basic training and continuing education of misdemeanor probation officers; the 21 clerk of the district court shall deposit the remainder of each monthly pay- 22 ment into the county misdemeanor probation fund which is hereby created in 23 each county, or at the option of the board of county commissioners, deposited 24 in the county justice fund to be used for the purposes described in this sec- 25 tion. Moneys from this fee may be accumulated from year to year and shall be 26 expended exclusively for county misdemeanor probation services and related 27 purposes.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Labrador Seconded by Hart IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 408 1 AMENDMENT TO THE BILL 2 On page 5 of the printed bill, delete lines 2 through 39; and renumber 3 subsequent sections accordingly. 4 CORRECTION TO TITLE 5 On page 1, in line 9, delete "AMENDING SECTION 20-227, IDAHO CODE," and in 6 line 10, delete "TO REVISE AUTHORITY OF MISDEMEANOR PROBATION OFFICERS;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 408, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO LAW ENFORCEMENT; AMENDING SECTION 18-915, IDAHO CODE, TO PROHIBIT 3 ASSAULT OR BATTERY UPON A MISDEMEANOR PROBATION OFFICER; AMENDING CHAPTER 4 39, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-3947, IDAHO 5 CODE, TO PROVIDE FOR COUNTY MISDEMEANOR PROBATION OFFICE SERVICES; AMEND- 6 ING SECTION 19-5101, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 7 19-5109, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO AUTHORIZE THE 8 IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL TO ESTABLISH STANDARDS 9 FOR MISDEMEANOR PROBATION OFFICERS; AMENDING CHAPTER 8, TITLE 31, IDAHO 10 CODE, BY THE ADDITION OF A NEW SECTION 31-878, IDAHO CODE, TO PROVIDE FOR 11 MISDEMEANOR PROBATION SERVICES; AND AMENDING SECTION 31-3201D, IDAHO CODE, 12 TO REVISE A FEE AND TO REVISE FEE DISTRIBUTION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 18-915, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per- 17 son who commits a crime provided for in this chapter against or upon a jus- 18 tice, judge, magistrate, prosecuting attorney, public defender, peace officer, 19 bailiff, marshal, sheriff, police officer, correctional officer, employee of 20 the department of correction, employee of a private prison contractor while 21 employed at a private correctional facility in the state of Idaho, employees 22 of the department of water resources authorized to enforce the provisions of 23 chapter 38, title 42, Idaho Code, jailer, parole officer, misdemeanor proba- 24 tion officer, officer of the Idaho state police, fireman, social caseworkers 25 or social work specialists of the department of health and welfare, employee 26 of a state secure confinement facility for juveniles, employee of a juvenile 27 detention facility, a teacher at a detention facility or a juvenile probation 28 officer, emergency medical technician certified by the department of health 29 and welfare, emergency medical technician-ambulance certified by the depart- 30 ment of health and welfare, advanced emergency medical technician and EMT- 31 paramedic certified by the state board of medicine, a member, employee or 32 agent of the state tax commission, United States marshal, or federally commis- 33 sioned law enforcement officer or their deputies or agents and the perpetrator 34 knows or has reason to know of the victim's status, the punishment shall be as 35 follows: 36 (a) For committing battery with intent to commit a serious felony the 37 punishment shall be imprisonment in the state prison not to exceed twenty-five 38 (25) years. 39 (b) For committing any other crime in this chapter the punishment shall 40 be doubled that provided in the respective section, except as provided in sub- 41 sections (c) and (d) of this section. 42 (c) For committing a violation of the provisions of section 18-901 or 43 18-903, Idaho Code, against the person of a justice, judge or magistrate, 2 1 jailer or correctional officer or other staff of the department of correction, 2 or a county jail, or of a private correctional facility, or of an employee of 3 a state secure confinement facility for juveniles, an employee of a juvenile 4 detention facility, a teacher at a detention facility, misdemeanor probation 5 officer or a juvenile probation officer and the person committing the offense 6 knows or reasonably should know that such victim is a justice, judge or magis- 7 trate, jailer or correctional officer or other staff of the department of cor- 8 rection, or of a private correctional facility, an employee of a state secure 9 confinement facility for juveniles, an employee of a juvenile detention facil- 10 ity, a teacher at a detention facility, misdemeanor probation officer or a 11 juvenile probation officer because of the victim's former or present official 12 status, and the victim is engaged in the performance of his duties, the 13 offense shall be a felony punishable by imprisonment in a correctional facil- 14 ity for a period of not more than five (5) years, and said sentence shall be 15 served consecutively to any sentence being currently served. 16 (d) For committing a violation of the provisions of section 18-903, Idaho 17 Code, except unlawful touching as described in section 18-903(b), Idaho Code, 18 against the person of a peace officer, sheriff or police officer because of 19 the victim's former or present official status, the offense shall be a felony 20 punishable by imprisonment in a correctional facility for a period of not more 21 than five (5) years, and said sentence shall be served consecutively to any 22 sentence being currently served. 23 SECTION 2. That Chapter 39, Title 19, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 25 ignated as Section 19-3947, Idaho Code, and to read as follows: 26 19-3947. COUNTY MISDEMEANOR PROBATION OFFICE SERVICES. Misdemeanor proba- 27 tion office services shall be as provided in section 31-878, Idaho Code. 28 SECTION 3. That Section 19-5101, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 19-5101. DEFINITIONS. As used in this act: 31 (a) "Council" means the Idaho peace officer standards and training coun- 32 cil. 33 (b) "County detention officer" means an employee in a county jail who is 34 responsible for the safety, care, protection, and monitoring of county jail 35 inmates. 36 (c) "Law enforcement" means any and all activities pertaining to crime 37 prevention or reduction and law enforcement, including police, courts, prose- 38 cution, corrections, probation, rehabilitation, and juvenile delinquency. 39 (d) "Peace officer" means any employee of a police or law enforcement 40 agency which is a part of or administered by the state or any political subdi- 41 vision thereof and whose duties include and primarily consist of the preven- 42 tion and detection of crime and the enforcement of penal, traffic or highway 43 laws of this state or any political subdivision. "Peace officer" also means an 44 employee of a police or law enforcement agency of a federally recognized 45 Indian tribe who has satisfactorily completed the peace officer standards and 46 training academy and has been deputized by a sheriff of a county or a chief of 47 police of a city of the state of Idaho. 48 (e) "Political subdivision" means any city or county. 3 1 SECTION 4. That Section 19-5109, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 4 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (1) It shall be 5 the duty of and the council shall have the power: 6 (a) To establish the requirements of minimum basic training which peace 7 officers shall complete in order to be eligible for permanent employment 8 as peace officers, and the time within which such basic training must be 9 completed. One (1) component of minimum basic training shall be a course 10 in the investigation of and collection of evidence in cases involving an 11 allegation of sexual assault or battery. 12 (b) To establish the requirements of minimum education and training stan- 13 dards for employment as a peace officer in probationary, temporary, part- 14 time, and/or emergency positions. 15 (c) To establish the length of time a peace officer may serve in a proba- 16 tionary, temporary, and/or emergency position. 17 (d) To approve, deny approval or revoke the approval of any institution 18 or school established by the state or any political subdivision or any 19 other party for the training of peace officers. 20 (e) To establish the minimum requirements of courses of study, atten- 21 dance, equipment, facilities of all approved schools, and the scholastic 22 requirement, experience and training of instructors at all approved 23 schools. 24 (f) To establish such other requirements for employment, retention and 25 promotion of peace officers, including minimum age, physical and mental 26 standards, citizenship, moral character, experience and such other matters 27 as relate to the competence and reliability of peace officers. 28 (g) To certify peace officers as having completed all requirements estab- 29 lished by the council in order to be eligible for permanent employment as 30 peace officers in this state. 31 (h) To receive and file for record copies of merit regulations or local 32 ordinances passed by any political subdivision. 33 (i) To maintain permanent files and transcripts for all peace officers 34 certified by the council to include any additional courses or advance 35 courses of instruction successfully completed by such peace officers while 36 employed in this state. 37 (j) To allow a peace officer of a federally recognized Indian tribe 38 within the boundaries of this state to attend the peace officer standards 39 and training academy if said peace officer meets minimum physical and edu- 40 cational requirements of the academy. The Indian tribal law enforcement 41 agency shall reimburse the peace officer standards and training academy 42 for the officer's training. Upon satisfactory completion of the peace 43 officer standards and training academy, the tribal peace officer shall 44 receive a certificate of satisfactorily completing the academy. 45 (2) After January 1, 1974, any peace officer as defined in section 46 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected 47 official or deputy serving civil process, the deputy director of the Idaho 48 state police, or any person serving under a temporary commission with any law 49 enforcement agency in times of natural or man-caused disaster declared to be 50 an emergency by the board of county commissioners or by the governor of the 51 state of Idaho, or those peace officers whose primary duties involve motor 52 vehicle parking and animal control pursuant to city or county ordinance, or 53 any peace officer acting under a special deputy commission from the Idaho 54 state police, shall be certified by the council within one (1) year of employ- 4 1 ment; provided, however, that the council may establish criteria different 2 than that required of other peace officers for certification of city police 3 chiefs or administrators within state agencies having law enforcement powers, 4 who, because of the number of full-time peace officers they supervise, have 5 duties which are primarily administrative. Any such chief of police or state 6 agency administrator employed in such capacity prior to July 1, 1987, shall be 7 exempt from certification. 8 (3) No peace officer shall have or exercise any power granted by any 9 statute of this state to peace officers unless such person shall have been 10 certified by the council within one (1) year of the date upon which such per- 11 son commenced employment as a peace officer, except in cases where the coun- 12 cil, for good cause and in writing, has granted additional time to complete 13 such training. The council shall decertify any officer who is convicted of any 14 felony or offense which would be a felony if committed in this state. The 15 council may decertify any officer who: 16 (a) Is convicted of any misdemeanor; 17 (b) Willfully or otherwise falsifies or omits any information to obtain 18 any certified status; or 19 (c) Violates any of the standards of conduct as established by the 20 council's code of ethics, as adopted and amended by the council. 21 All proceedings taken by the council shall be conducted in accordance with 22 chapter 52, title 67, Idaho Code. 23 (4) Any law enforcement agency as defined in section 19-5101(c), Idaho 24 Code, in which any peace officer shall resign as a result of any disciplinary 25 action or in which a peace officer's employment is terminated as a result of 26 any disciplinary action, shall, within fifteen (15) days of such action, make 27 a report to the council. 28 (5) The council shall, pursuant to the requirements of this section, 29 establish minimum basic training and certification standards for county deten- 30 tion officers that can be completed within one (1) year of employment as a 31 county detention officer. 32 (6) The council may, upon recommendation of the juvenile training council 33 and pursuant to the requirements of this section, implement minimum basic 34 training and certification standards for juvenile detention officers, juvenile 35 probation officers, and employees of the Idaho department of juvenile correc- 36 tions who are engaged in the direct care and management of juveniles. 37 (7) The council may, upon recommendation of the correction standards and 38 trainingcounselcouncil, and pursuant to the requirements of this section, 39 establish minimum basic training and certification standards for state correc- 40 tion officers and for adult probation and parole officers. 41 (8) The council may, upon recommendation of a probation training advisory 42 committee and pursuant to the requirements of this section, establish minimum 43 basic training and certification standards for misdemeanor probation officers. 44 (9) The council may reject any applicant for certification who has been 45 convicted of a misdemeanor, and the council shall reject an applicant for cer- 46 tification who has been convicted of a felony, the punishment for which could 47 have been imprisonment in a federal or state penal institution. 48 (910) As used in this section, "convicted" means a plea or finding of 49 guilt, notwithstanding the form of judgment or withheld judgment, regardless 50 of whether the sentence is imposed, suspended, deferred or withheld, and 51 regardless of whether the plea or conviction is set aside or withdrawn or the 52 case is dismissed or reduced under section 19-2604, Idaho Code, or any other 53 comparable statute or procedure where the setting aside of the plea or convic- 54 tion, or dismissal or reduction of the case or charge, is based upon lenity or 55 the furtherance of rehabilitation rather than upon any defect in the legality 5 1 or factual basis of the plea, finding of guilt or conviction. 2 SECTION 5. That Chapter 8, Title 31, Idaho Code, be, and the same is 3 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 4 ignated as Section 31-878, Idaho Code, and to read as follows: 5 31-878. MISDEMEANOR PROBATION SERVICES. The county commissioners shall 6 provide for misdemeanor probation services to supervise misdemeanor offenders, 7 in those cases where such probation supervision has been ordered by the sen- 8 tencing court, and perform such functions as prescribed by the administrative 9 district judge in each judicial district. Counties shall not be obligated to 10 provide misdemeanor probation services beyond the funds generated by the fees 11 collected pursuant to the provisions of section 31-3201D, Idaho Code, and any 12 additional funds that may be annually appropriated by the board of county com- 13 missioners. 14 SECTION 6. That Section 31-3201D, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 31-3201D. COUNTY MISDEMEANOR PROBATION SUPERVISION FEE. (1) Any person 17 under a supervised probation program for a misdemeanor offense shall be 18 required to pay an amount not more thanthirty-five dollars ($35.00)the maxi- 19 mum monthly felony probation or parole supervision fee set forth in section 20 20-225, Idaho Code, per month, or such lesser sum as determined by the admin- 21 istrative judge of the judicial district, as a misdemeanor probation supervi- 22 sion fee. Any failure to pay such fee shall constitute grounds for the revoca- 23 tion of probation by the court, but this shall not be the exclusive remedy for 24 its collection. The court for good cause may exempt a person from the payment 25 of all or any part of the foregoing fee. 26 (2)The fee imposedAny fee paid under this section on or after July 1, 27 2008, and regardless of whether the underlying judgment of conviction, with- 28 held judgment or order imposing probation was entered before or after that 29 date, shall be paid to the clerk of the district court,for depositwho shall 30 pay the first one dollar ($1.00) of each monthly payment to the state trea- 31 surer for deposit in the peace officers standards and training fund authorized 32 in section 19-5116, Idaho Code, to help offset the costs to counties for the 33 basic training and continuing education of misdemeanor probation officers; the 34 clerk of the district court shall deposit the remainder of each monthly pay- 35 ment into the county misdemeanor probation fund which is hereby created in 36 each county, or at the option of the board of county commissioners, deposited 37 in the county justice fund to be used for the purposes described in this sec- 38 tion. Moneys from this fee may be accumulated from year to year and shall be 39 expended exclusively for county misdemeanor probation services and related 40 purposes.
STATEMENT OF PURPOSE
RS 17559C1
This bill has been developed and recommended by the Supreme
Court's and Idaho Association of Counties' Shared Employees
Committee, and in coordination with the director of the Peace
Officer Standards and Training (POST) Academy and the Department
of Correction, to address the need for county misdemeanor
probation services. It establishes that counties shall provide
misdemeanor probation services. It also provides for training
and certification of misdemeanor probation officers through the
Police Officer Standards and Training Academy (POST). The
maximum monthly supervision fee charged to persons on misdemeanor
probation is increased to match the maximum fee assessed felony
probationers, and $1.00 of each monthly fee is to be deposited in
the POST fund to help offset the cost of training of misdemeanor
probation officers. The bill also provides misdemeanor probation
officers with authority to make arrests for probation violations
occurring in the presence of peace officers, and provides
increased penalties for assaults and batteries on misdemeanor
probation officers.
FISCAL NOTE
While this bill states that counties have the responsibility
of providing misdemeanor probation services, almost all counties
are already providing such services. County misdemeanor
probation funds would receive an increased amount from
misdemeanor probation fees as a result of the increase in the
maximum fee from $35 to $50 per month; the benefit to these funds
is difficult to specify, since: (1) the statute allows the fee
to be waived in individual cases; (2) not all probationers would
be charged an increased amount; and (3) collection rates vary.
The POST fund would receive one dollar from each monthly payment
of a probation supervision fee. This amount is similarly
difficult to specify, but it should generate at least $55,000 to
$60,000 annually, which would cover all or nearly all of the
costs to POST for the training of misdemeanor probation officers.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
Daniel Chadwick
Executive Director, Idaho Association of Counties
(208) 345-9126
STATEMENT OF PURPOSE/FISCAL NOTE H 408