20-227. ARREST OF PAROLEE, PROBATIONER OR PERSON UNDER DRUG COURT OR
MENTAL HEALTH COURT SUPERVISION WITHOUT WARRANT -- AGENT'S WARRANT -- DE-
TENTION -- REPORT TO COMMISSION OR COURT. (1) Any parole or probation offi-
cer may arrest a parolee, probationer, or person under drug court or mental
health court supervision without a warrant, or may deputize any other offi-
cer 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 con-
ditions 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 insti-
tution 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 commis-
sion, 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 addi-
tion to department of correction parole or probation officers, those offi-
cers shall have the same authority conferred upon department of correction
parole or probation officers in this section to arrest a misdemeanor proba-
tioner 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.
[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.]