S 1443

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