TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 2

STATE BOARD OF CORRECTION

20-209F.  Warrants for certain fugitives. (1) The director of the department of correction or his designee shall have the authority to apply to the magistrates division of the district court of Ada county for a warrant for the arrest, detention and return to custody of any person committed to the custody of the department of correction under a judgment of conviction who, prior to satisfying the full term of his judgment of conviction and sentence, has either:

(a)  Escaped or absconded from the custody or supervision of the department; or

(b)  Been released for any reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.

(2)  The magistrate shall issue a warrant upon submission by the director or his designee of an affidavit that:

(a)  Identifies the person sought;

(b)  Demonstrates that such person has been committed to the custody of the department of correction under a judgment of conviction; and

(c)  Demonstrates that, prior to satisfying the full term of his judgment of conviction and sentence, the person sought has either:

(i)   Escaped or absconded from the custody or supervision of the department; or

(ii)  Been released for any other reason by the department or by any law enforcement agency, department of correction or other agency in this state or another state.

(3)  Any person who is arrested and detained pursuant to this section shall be ineligible for bond, bail or release on his own recognizance.

(4)  Any person arrested and detained pursuant to this section shall have the right to a hearing to confirm that:

(a)  He is the person identified in the warrant; and

(b)  An unsatisfied portion of his judgment of conviction and sentence remains to be served.

(5)  A warrant issued pursuant to this section shall remain in effect until:

(a)  The warrant is quashed by order of a court;

(b)  The person identified in the warrant is returned to the custody of the department of correction; or

(c)  The sentence of the person identified in the warrant is otherwise deemed satisfied.

(6)  The issuance of a warrant pursuant to this section shall not negate or interfere with the issuance of warrants under any other provision of law.

(7)  A warrant issued pursuant to this section shall be sufficient for any peace officer to arrest, detain and return to the custody of the department of correction any person described in the warrant. It shall be the duty of all peace officers to execute the warrant in the same manner as ordinary process and to return any person arrested pursuant to this section to the custody of the department of correction.

(8)  A person who is detained pursuant to a warrant issued under this section may apply for an order quashing the warrant. An action to quash a warrant issued under this section may be brought in Ada county, Idaho or in the county in Idaho in which a person arrested under such a warrant is detained. A warrant issued under this section shall be quashed upon a showing that the person sought or detained is not the person identified in the warrant or that the person’s sentence has been completed or has otherwise been deemed satisfied.

History:

[20-209F, added 2002, ch. 130, sec. 2, p. 360.]