Bill > S1443

This bill establishes new provisions for the conditional release and deportation of individuals convicted of crimes in Idaho who are also in the country illegally, referred to as "illegal alien offenders." Specifically, it allows the director of the Idaho Department of Correction to release such offenders to Immigration and Customs Enforcement (ICE) for deportation at any point before their sentence is fully served, provided they have a final deportation or exclusion order from the U.S. Attorney General and ICE agrees to detain them in total confinement pending their removal. This conditional release does not apply to those serving life sentences or facing the death penalty, and their remaining sentence is paused, or "tolled," while they are in ICE custody. The department will issue a warrant for their arrest within the U.S. that remains indefinitely, meaning they can be returned to Idaho to complete their sentence if they re-enter the country illegally. Offenders released under this bill are still obligated to pay restitution and other court-ordered financial penalties, and victims will receive prior written notice of the release. Individuals who illegally return to the U.S. after being deported under this law will not be eligible for this conditional release again, and the director is authorized to assist federal authorities in prosecuting those who re-enter illegally.

Government Affairs, Justice

State Affairs Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1443/