STATE PRISON AND COUNTY JAILS
JUVENILE CORRECTIONS ACT
20-549. Curfew violations -- Citation -- Notification. Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall be punishable by a fine not to exceed three hundred dollars ($300), detention, or both. Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. The imposition of detention shall be subject to the provisions of sections 20-520(1)(c) and 20-521, Idaho Code. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited, unless the juvenile offender is an habitual status offender as defined in section 20-521, Idaho Code.
Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile's parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile's parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile's appearance. The citation shall provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.
[20-549, added 1998, ch. 391, sec. 1, p. 1196; am. 2000, ch. 74, sec. 2, p. 158; am. 2012, ch. 19, sec. 36, p. 65.]
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