MEMORANDUM: July 1, 2011 Update

JULIE COTTRELL

ISTARS SYSTEMS COORDINATOR

IDAHO SUPREME COURT

PO BOX 83720

BOISE, ID 83720-0101

DATE:

TO:All ISTARS Contacts and Trial Court Administrators

SUBJECT:Legislative Update July 2011

First let us thank you for all that you do to keep the courts running smoothly including working with the public, litigants; the varied court professionals, attorneys/probation officers/law enforcement officers and your peers! Setting hearings, picking up courtrooms, keeping the physical files in order, entering the ISTARS data and keeping that never ending smile on your faces! You are wonderful.

The Idaho courts continue to handle an increasing volume of cases with fewer judges, and in some locations fewer deputy clerks! We appreciate what you do! Keep up the GREAT WORK!

To help you with those daunting tasks there will be a clerk training this year. IICM is back! More details to come. Keep an eye on the court news for more details!

Now as to the business at hand - July 1 changes and ISTARS changes which you will see shortly ahead of July first. (Please distribute this information to all court clerks and let them know (if they don’t make the table changes) that it is for their information only. Generally the lead court clerk makes the ISTARS changes or instructs others to do that.)

New Interest Rates for 2011-12:

Remember to add the new interest rates in ISTARS as soon as you receive the Notice form the State Treasurer’s office. (those will come out at the very end of June).

The stated amount will need to be added to your “interest table” so that ISTARS will calculate interest correctly for restitution.

To add the new interest rate to ISTARS please go to tables:

Select -General Tables

Select - Interest Rates

Select – New

Enter effective date 07/01/2011

Enter the new amount

Save

We will be placing the new statute table in your ISTARS data base prior to 7/1/11.

Please activate on 7/1/11 by going to:

Tables

Court Setup

Court system values

Then scroll down to: “Current Statute Revision” and type in 201107.

Save

NEW STATUTES WE HAVE ADDED TO YOUR ISTARS IN THE 201107 TABLE:

I18-505 - Abortions Performed or Attempted on a Unborn Child Twenty or More Weeks Prohibited

I18-506(3) - Abortions-Physician's Intentional or Reckless Falsification of Required Report

I18-4017(1) - Suicide-Knowingly or Intentionally Assists Another Person to Commit or Attempts to Commit Suicide

I18-6101(8) - Rape-Submits Under Belief that Person Committing Act is Someone Other Than the Accused

I37-2705(d)(30) - Controlled Substance-Possession of Spice or Tetrahydrocannabinols

I37-2705(e) - Controlled Substance-Possession of Bath Salts, Isomers and Salts of Isomers

I49-613(4) - Injurious Material-Vehicle Transporting Load Must Cover or Load to Prevent Hazardous Escaping Debris

I49-613(5) - Injurious Material-Any Person Hauling a Load Must Cover or Load to Prevent Hazardous Escaping Debris

Please note corrections have been made to the total fine/fee amounts on the following statutes and the new amounts will be included in the 201107 statute table.

I49-456(1) - Vehicle Registration-Operating Vehicle Without Registration or Assigned License Plate or Sticker

Fine $44.50 + CC $51.50 Total $96.00

I49-456(2) - Vehicle Registration-Operating All Terrain Vehicle or Motorbike Without Registration Sticker/Plate

Fine $10.50 + CC $51.50 Total $62.00

I49-456(3) - Vehicle Registration-Fictitious Display of Plate or Registration Card

Fine $58.50 + CC $51.50 Total $110.00

I49-456(4) - Vehicle Registration-Lending or Permitting Use of Registration Card or License Plate

Fine $58.50 + CC $51.50 Total $110.00

I49-456(5) - Vehicle Registration-Failed or Refused to Surrender Any Registration Card or License Plate

Fine $44.50 + CC $51.50 Total $96.00

I49-456(6) - Vehicle Registration-Use of False or Fictitious Name, Address or Commits Fraud on Application

Fine $100.00 + CC $51.50 Total $151.50

Reminder: We mentioned this in the 2010 year end memo- but the new setup is just now coming out to the counties so please remind your staff.

For the past several months we have been working with ITD on a system “revamp” for electronic reporting suspension and driving information to them. For a while we had you still sending the hard copy of the suspension documents for Misdemeanors and Felonies, while ITD compared them to what they were receiving electronically. What we found out was that the clerks were missing entering data in ISTARS when the court ordered a suspension with any of the following:

Indefinite

Consecutive to any current suspension- Y/N

Or

Beginning after release from incarceration - Y/N

Interlock device - Y/N - (IF Y dates)

NOTE: If the suspension is consecutive to any current suspension, then enter the “order/sentencing date” as the License suspension date- for ITD to use to make decisions about what may be considered acurrent suspension.

Because there was a very consistent pattern across the state in missing entering this data it was determined that ISTARS should prompt the clerk to look at those value’s when a suspension is ordered. In the new release of ISTARS you will note that if the box’s are a “Y” or yes, “N” or no field, and they must be completed with each suspension ordered with a “Y” or “N”. If you forget to do this a box will pop up to remind you of what was missed listing any one or all of the issues missed.

This will take you a day or 2 to get used to- but will lead to more complete and accurate data delivery between agencies.

Thanks again for all that you do!