TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 2

STATE BOARD OF CORRECTION

20-227.  Arrest of parolee, probationer or person under drug court or mental health court supervision without warrant — Agent’s warrant — Detention — Report to commission or court. (1) Any parole or probation officer may arrest a parolee, probationer, or person under drug court or mental health court supervision without a warrant, or may deputize any other officer with power of arrest to do so, by giving such officer a written statement hereafter referred to as an agent’s warrant, setting forth that the parolee, probationer, or person under drug court or mental health court supervision has, in the judgment of said parole or probation officer, violated the conditions of drug court or mental health court or conditions of his parole or probation. The provisions of this section shall apply where the court has provided for the service of discretionary jail time.

(2)  Such written statement or agent’s warrant, delivered with the parolee, probationer, or person under drug court or mental health court supervision by the arresting officer to the official in charge of the institution from which the parolee was released, the county jail or other place of detention, shall be sufficient warrant for the detention of the probationer, parolee, or person under drug court or mental health court supervision.

(3)  The agent’s warrant issued by the parole or probation officer shall be sufficient authorization for a local law enforcement officer to transport the probationer, parolee, or person under drug court or mental health court supervision to the appropriate jurisdiction to be housed pending appearance before the sentencing court or the commission.

(4)  The parole and probation officer shall at once notify the commission, or the court, of the arrest and detention of the parolee, probationer, or person under drug court or mental health court supervision, and shall submit in writing a report showing in what manner the parolee, probationer, or person under drug court or mental health court supervision is alleged to have violated the condition of his or her parole, probation, or drug court or mental health court program. When a probationer is arrested pursuant to an agent’s warrant, the supervising officer shall provide the prosecuting attorney with a copy of the notice of arrest and the report.

(5)  In counties where there are misdemeanor probation officers in addition to department of correction parole or probation officers, those officers shall have the same authority conferred upon department of correction parole or probation officers in this section to arrest a misdemeanor probationer without a warrant for misdemeanor probation violations occurring in the officer’s presence as otherwise provided in this section.

(6)  When a probationer has been arrested by the supervising officer without a warrant or pursuant to an agent’s warrant, the supervising officer shall submit to the court, to the prosecuting attorney and to the facility where the probationer is detained, a statement of probable cause for the violation. The statement shall be attested to under oath or under penalty of perjury pursuant to section 9-1406, Idaho Code, and shall be submitted within twenty-four (24) hours of the arrest. If a judicial determination of probable cause is not made within forty-eight (48) hours of arrest, then the probationer shall be released.

History:

[20-227, added 1947, ch. 23, sec. 27, p. 59; am. 1980, ch. 297, sec. 9, p. 772; am. 1994, ch. 424, sec. 1, p. 1332; am. 1999, ch. 300, sec. 1, p. 752; am. 2004, ch. 227, sec. 2, p. 670; am. 2006, ch. 143, sec. 1, p. 404; am. 2014, ch. 150, sec. 14, p. 427.]