H 78 — CRIMES AND PUNISHMENTS – Amends and adds to existing law to establish provisions regarding criminal diversion programs.

78, As Amended, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO CRIMES AND PUNISHMENTS;

AMENDING SECTION 18-8002A, IDAHO CODE, TO PROVIDE THAT SUSPENSIONCERTAIN OFINFORMATION DRIVING PRIVILEGES SHALL BE VACATEDGIVEN UN-TO DERPERSONS CERTAINUNDERGO- CIRCUMSTANCESING EVIDENTIARY TESTING FOR ALCOHOL, DRUGS, OR OTHER INTOXICATING SUB- STANCES AND TO MAKE TECHNICAL CORRECTIONS;

AMENDING SECTION 18-8008, IDAHO CODE, TO REVISE THE DEFINITION OF "IG-"IGNITION NITION INTERLOCK SYSTEM" AND TO MAKE A TECHNICAL CORRECTION;

AMENDING SECTION 19-403, IDAHO CODE, TO PROVIDE THAT CERTAIN MISDEMEANOR CASES SHALL BE REFILED NO LATER THAN TWO YEARS AFTER DISMISSAL AND TO MAKE TECHNICAL CORRECTIONS;CORREC- TIONS;

AMENDING SECTION 19-3506, IDAHO CODE, TO PRO-PROVIDE VIDE THAT DISMISSED MISDEMEANOR CASES MAY BE REFILED UNDER CERTAIN CIR-CIRCUMSTANCES; CUMSTANCES;

AMENDINGAMEND- ING CHAPTER 35, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-3507, IDAHO CODE, TO DEFINE A TERM AND TO PROVIDE LEGISLATIVE INTENT;

AMENDING CHAPTER 35, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-3509, IDAHO CODE, TO ES-ESTABLISH TABLISH PROVISIONS REGARDING DIVERSION PROGRAMS;

AND AMENDING SECTION 20-617, IDAHO CODE, TO PROVIDE THAT PERSONS PARTICIPATING IN DIVERSION PROGRAMS MAY BE REQUIREDRE- QUIRED TO PERFORM CERTAIN LABOR.

and (f) AfterHowever, submittingif you are admitted to evidentiarya testing,diversion program under section 19-3509, Idaho Code, you may,may whenbe practica-eligible ble,for ata yourrestricted ownpermit expense,for havethe additionalpurpose testsof madegetting byto and from work, school, medical appointments, or a persontreatment ofprogram, but only if you install, at your ownexpense, choosing.a state- approved ignition interlock system on all motor vehicles you operate;

and (g) After submitting to evidentiary testing, you may, when practica- ble, at your own expense, have additional tests made by a person of your own choosing.

(b) The suspension shall become effective thirty (30) days after ser- vice upon the person of the notice of suspension and notice of the re- quirement to install, at his expense, a state-state-approved approved ignition inter- lock system for a period to end one (1) year following the end of the sus- pension period.

If a license is suspended under this section and the per-person son is also convicted on criminal charges arising out of the same occurrence for a violation of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code, both the suspension under this section and the suspension im-imposed posedpur- pursuantsuant to the provisions of section 18-8005 or 18-8006, Idaho Code, shall be imposed, but the periods of suspension shall run concurrently, with the totalto- tal period of suspension not to exceed the longer of the applicable suspensionsuspen- sion periods, unless the court ordering the suspension in the criminal case orders to the contrary.

If a license is suspended pursuant to this sec- tion and the criminal charges arising out of the same occurrence for a viola- tion of the provisions of section 18-8004, 18-8004C, or 18-8006, Idaho Code, are vacated or dismissed, then both the suspension pursuant to this section and the suspension imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho Code, shall also be vacated.

The defendant's driving priv - ileges shall be restored on the effective date the criminal charges are va - cated or dismissed.

The court or a prosecuting attorney who establishes a diversion program pursuant to section 19-3509, Idaho Code, may also utilize moneys in this fund to pay for drug testing for an indigent di - version participant or to assist an indigent defendant or indigent diversion participant to procure an ignition interlock device or electronic monitor-monitoring ing devices.

The court may also utilize moneys in this fund for alcoholal- cohol or drug abuse-related probation, treatment or prevention programs for adults or juveniles.

That Chapter 35, Title 19, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTIONSECTION, , to be known and des- ignated as Section 19-3507, Idaho Code, and to read as follows:

(2) It is the intent of the legislature and the policy of the state of Idaho that a diversion program created pursuant to sections 19-3508 and 19-3509, Idaho Code, should:

(a) Provide an opportunity to incorporate statistics and empirical re- search into decision-making in the criminal justice system in a way that savesenhances taxpayerpublic dollarssafety whileand alsoreduces reducingrecidivism, recidivismwhile andalso enhancingsaving publictax- safety;payer dollars;

and (c) Provide an alternative to the imposition of criminal sanctions when such an alternative can be expected to serve as sufficient sanction to deter criminal conduct;conduct.

and (d) Provide assistance to criminal court calendars in order to focus expenditure of criminal justice resources on matters involving serious criminality and severe correctional problems.

(a) A diversion program may be administered by the prosecuting attor-attorney ney or by the prosecuting attorney's designee.

AAll personpersons participating in a di-diversion version program for an alcohol-related charge shall be required to in-install stall and maintain, at the participant's expense, an ignition interlock system in each vehicle such person operates for the duration of the pro-program, gram, as further providedpro- vided in subsection (5) of this section.

A person participating in a diversion program for a charge unrelated to alcohol shallshall, in addition to installing and maintaining an ignition interlock system, be required to undergo drug testing at the person's expense for at least twelve (12) months.

If the person is indigent, the prosecut-prosecuting ing attorney may order the use of moneys from the court interlock device and electronic monitoringmoni- toring device fund created by section 18-8010, Idaho Code, to assist the person in procuring an ignition interlock devicedevice. or to pay for drug testing.

The participant in a diversion program must also complete at least thirty-two (32) hours of sheriff inmate labor de-detail tail or approved community service and at least twenty-four (24) hours of drug and alcohol counseling, therapy, or educationed- ucation from an approved provider.

(2) IfA aprosecuting personattorney participatesmay inrequire, as a diversioncondition programof pursuantentering toa thisdi- section,version thenprogram, anythat statementa madeperson byexecute thea personsworn inaffidavit diversionstating activitiesthe orfacts proceedingsthat isgave inadmissiblerise asto substantivethe evidencecharge of guiltdriving duringunder an adju- dicative proceeding in the refiledinfluence. case.

Such affidavit may be used as evidence of guilt during an adjudicative proceeding in a re- filed case.

No other statement made by the person in diversion activities or proceedings, such as in a counseling or therapy session, is admissible as ev- idence of guilt during an adjudicative proceeding in a refiled case.

(5) IfA aparticipant person is participating in a diversion program duewhose todriving aprivileges charge involving alcohol, then the participant must have anbeen ignitionsuspended interlockmay systembe asgranted defineddriving inprivileges section 18-8008, Idaho Code, installed in each vehi- cle operated by the participantadministrator and must pay an ignition interlock fee of fifteenthe dollarsdiversion ($15.00)program, toin bewhich depositedcase in the courtparticipant interlockshall devicebe andissued electronica monitoringrestricted devicedriving fundpermit created by sectionthe 18-8010, Idaho Code.transportation department.

ThePrior ignitionto interlockbeing systemgranted shallrestricted bedriving removedprivileges, once the participant suc-must cessfullyshow completesto diversion, provided that such removal shall not occur, and the program shall not be considered successfully completed, until the administrator proof of thefinancial diversionresponsibility programas receivesdefined aand declarationin from the par-amounts ticipant'sspecified ignitionin interlocksection vendor,49-117, onIdaho aCode. form provided or approved by the administrator, certifying that none of the following incidents occurred while the system was installed in the vehicle:

If a person is par- ticipating in a diversion program under this section, then the participant must have an ignition interlock system as defined in section 18-8008, Idaho Code, installed in each vehicle operated by the participant and must pay an ignition interlock fee of fifteen dollars ($15.00) to be deposited in the court interlock device and electronic monitoring device fund created by section 18-8010, Idaho Code.

The ignition interlock system shall be removed once the participant successfully completes diversion, provided that such removal shall not occur, and the program shall not be considered success- fully completed, until the administrator of the diversion program receives a declaration from the participant's ignition interlock vendor, on a form provided or approved by the administrator, certifying that none of the fol- lowing incidents occurred while the system was installed in the vehicle:

(6) If criminal charges against the participant are refiled pursuant to section 19-3506, Idaho Code, then an ignition interlock system installed pursuant to this section shall be removed.