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Committee rejects S 1443 that would let IDOC release deportable offenders early into ICE custody
Summary
The committee declined to recommend S 1443 for passage. The measure would have allowed the IDOC director to transfer certain noncitizen offenders with final deportation orders into ICE custody before completing sentences; opponents raised victim-safety and accountability concerns and the motion to send a do-pass recommendation failed on roll call.
Senator Den Hartog presented S 1443 as a measure to let the Idaho Department of Corrections director "release non-citizen offenders with final deportation orders into ICE custody before they had served their full sentence," while keeping safeguards for victim notification and restitution.
During questioning, Director Bree Derrick said her understanding was that time spent in ICE custody could count toward the offender's sentence but also acknowledged IDOC would need to work out implementation logistics. Director Derrick further stated there was "no probationary period or supervision in place after deportation." Mike Miraglia of the Idaho Fraternal Order of Police testified in opposition, citing concerns about accountability, fairness, and risks to victim safety. Senator Toews moved to send S 1443 to the floor with a do-pass recommendation; Senator Adams seconded. A roll call recorded Senators Anthon, Den Hartog, Toews, and Adams voting aye and Chairman Guthrie, Vice Chairman Bernt, Senators Harris, Shippy, and Ruchti voting nay; the motion failed.
The minutes record no subsequent amendment or referral; with the failed motion, the committee did not send a do-pass recommendation to the Senate floor at this meeting.
