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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1443
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
CONDITIONAL
RELEASE
AND
DEPORTATION
OF
ILLEGAL
ALIEN
OF
-
2
FENDERS;
AMENDING
CHAPTER
1,
TITLE
20,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
3
NEW
SECTION
20
-
112,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
4
CONDITIONAL
RELEASE
AND
DEPORTATION
OF
ILLEGAL
ALIEN
OFFENDERS;
AND
5
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
1,
Title
20,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
20
-
112,
Idaho
Code,
and
to
read
as
follows:
10
20
-
112.
CONDITIONAL
RELEASE
AND
DEPORTATION
OF
ILLEGAL
ALIEN
OFFEND
-
1
1
ERS.
(1)
As
used
in
this
section,
"illegal
alien
offender"
or
"offender"
12
means
a
person
as
defined
in
section
18
-
9002(6),
Idaho
Code,
sentenced
to
the
13
custody
of
the
state
board
of
correction
and
confined
in
a
penal
or
correc
-
14
tional
institution
or
county
jail
for
a
definite
term.
15
(2)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
the
di
-
16
rector
of
the
department
of
correction
may
place
any
illegal
alien
offender
17
on
conditional
release
status
and
release
the
offender
to
immigration
and
18
customs
enforcement
for
deportation
at
any
time
prior
to
the
expiration
of
19
the
offender's
term
of
confinement.
20
(3)
An
offender
confined
for
a
life
sentence
or
under
a
sentence
of
21
death
shall
not
be
eligible
for
conditional
release
pursuant
to
the
provi
-
22
sions
of
this
section.
23
(4)
Prior
to
a
conditional
release
pursuant
to
the
provisions
of
this
24
section,
the
offender
must
be
subject
to
a
final
order
of
deportation
or
ex
-
25
clusion,
as
found
or
determined
by
the
United
States
attorney
general.
26
(5)
No
offender
may
be
released
pursuant
to
the
provisions
of
this
sec
-
27
tion
unless
the
director
has
reached
an
agreement
with
immigration
and
cus
-
28
toms
enforcement
that
the
offender
will
be
detained
in
total
confinement
at
29
a
facility
operated
by
or
on
behalf
of
immigration
and
customs
enforcement
30
pending
the
offender's
return
to
the
country
of
origin
or
other
location
des
-
31
ignated
in
the
final
deportation
or
exclusion
order.
32
(6)
An
offender's
conditional
release
status
shall
continue
until
the
33
expiration
of
the
statutory
maximum
sentence
provided
by
law
for
the
crime
34
or
crimes
of
which
the
offender
was
convicted.
If
the
offender
has
multiple
35
current
convictions,
the
statutory
maximum
sentence
allowed
by
law
for
each
36
crime
shall
run
concurrently.
37
(7)
The
unserved
portion
of
the
term
of
confinement
of
any
offender
re
-
38
leased
pursuant
to
the
provisions
of
this
section
shall
be
tolled
at
the
time
39
the
offender
is
released
to
immigration
and
customs
enforcement
for
depor
-
40
tation.
Upon
the
release
of
an
offender
to
immigration
and
customs
enforce
-
41
2
ment,
the
department
shall
issue
a
warrant
for
the
offender's
arrest
within
1
the
United
States.
Such
warrant
shall
remain
in
effect
indefinitely.
2
(8)
Upon
a
subsequent
arrest
of
an
offender,
the
department
may
seek
ex
-
3
tradition
as
necessary
and
the
offender
may
be
returned
to
the
department
for
4
completion
of
the
unserved
portion
of
the
offender's
term
of
total
confine
-
5
ment.
If
returned,
the
offender
shall
also
be
required
to
fully
comply
with
6
all
the
terms
and
conditions
of
the
sentence.
7
(9)
Offenders
released
pursuant
to
the
provisions
of
this
section
shall
8
not
be
relieved
of
their
obligation
to
pay
restitution
or
other
legal
finan
-
9
cial
obligations
ordered
by
the
sentencing
court.
10
(10)
The
department
shall
provide
prior
written
notice
to
the
of
-
1
1
fender's
victims
prior
to
the
conditional
release
of
the
offender
pursuant
12
to
the
provisions
of
this
section.
13
(11)
An
offender
released
pursuant
to
the
provisions
of
this
section
who
14
returns
to
the
United
States
prior
to
the
completion
of
such
offender's
con
-
15
ditional
release
commits
a
violation
of
section
18
-
9004,
Idaho
Code.
16
(12)
Any
offender
released
pursuant
to
the
provisions
of
this
section
17
who
returns
illegally
to
the
United
States
may
not
thereafter
be
released
18
again
pursuant
to
the
provisions
of
this
section.
19
(13)
The
director
shall
be
authorized
to
take
all
reasonable
actions
to
20
implement
the
provisions
of
this
section
and
shall
assist
federal
authori
-
21
ties
in
prosecuting
offenders
who
illegally
reenter
the
United
States
and
22
enter
the
state
of
Idaho.
23
(14)
The
provisions
of
this
section
shall
apply
to
offenders
confined
in
24
a
penal
or
correctional
institution
or
county
jail
on
and
after
July
1,
2026.
25
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28