HOUSE BILL NO. 219
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H0219................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILE PROBATION - Amends existing law to remove language requiring the
Department of Juvenile Corrections to establish criteria and operating
procedures for county juvenile probation services.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/13 3rd rdg - PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood,
NAYS -- None
Absent and excused -- Bieter, Jones
Floor Sponsor - Clark
Title apvd - to Senate
02/14 Senate intro - 1st rdg - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai(Ellis), Marley, McKenzie, McWilliams, Noh, Pearce,
Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk,
NAYS -- None
Absent and excused -- Noble
Floor Sponsor - Marley
Title apvd - to House
02/25 To enrol
02/26 Rpt enrol - Sp signed
02/27 Pres signed
02/28 To Governor
03/05 Governor signed
Session Law Chapter 35
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 219
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING SECTION 20-504,
3 IDAHO CODE, TO REMOVE LANGUAGE REQUIRING THE DEPARTMENT TO ESTABLISH CRI-
4 TERIA AND OPERATING PROCEDURES FOR COUNTY JUVENILE PROBATION SERVICES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-504, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart-
9 ment shall have jurisdiction over all juveniles committed to it pursuant to
10 chapter 5, title 20, Idaho Code.
11 (2) The department is responsible for all juvenile offenders committed to
12 it by the courts of this state for confinement. The department shall also
13 establish minimum standards for detention, care and certification of approved
14 detention facilities based upon such standards.
15 (3) The department shall establish and administer all secure residential
16 facilities including all state juvenile corrections centers.
17 (4) The department shall make all decisions regarding placement of juve-
18 nile offenders committed to it in the most appropriate program for supervision
19 and treatment.
20 (5) The department shall establish an observation and assessment process
21 for juvenile offenders committed to it by a court.
22 (6) The department shall establish liaison services with the counties.
23 (7) The department may establish and operate work programs designed to
24 employ juvenile offenders in public service work projects for the purpose of
25 reimbursing victims of the juvenile offender's delinquent behavior.
26 (8) The department is hereby authorized and may place juveniles committed
27 to it pursuant to this chapter in a community-based program, on a ranch, in a
28 forestry camp or similar facility for care and for work, if possible; pro-
29 vided, that the person, agency or association operating the facility has been
30 approved and has otherwise complied with all applicable state and local laws.
31 A juvenile placed in a forestry camp or similar facility may be required to
32 work on fire prevention, forestation and reforestation, recreational works,
33 forest roads and on other works on or off the grounds of such facility and may
34 be paid wages.
35 (9) The department shall establish minimum standards for the operation of
36 all private residential and nonresidential facilities and programs which pro-
37 vide services to juvenile offenders. The standards shall be no more stringent
38 than standards imposed for facilities operated by the department or for deten-
39 tion facilities operated by counties.
40 (10) The department shall assist counties in establishing meaningful pro-
41 grams for juveniles who either have been found to come under the purview of
42 this chapter or who have had their case informally diverted pursuant to sec-
43 tion 20-511, Idaho Code, and who have not been committed to the legal custody
1 of the department.
2 (11) The department shall have authority to adopt such administrative
3 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code,
4 as are deemed necessary or appropriate for the functioning of the department
5 and the implementation and administration of this act.
6 (12) Subject to any competitive bidding requirements otherwise provided by
7 law, the department shall have authority to enter into contracts with a pri-
8 vate association or organization or other public agency or organization for
9 the inspection and licensure of detention facilities.
10 (13) Subject to any competitive bidding requirements otherwise provided by
11 law, the department shall have authority to enter into contracts with private
12 providers or local governmental agencies for the confinement or other perma-
13 nent or temporary placement of juveniles committed to its custody.
14 (14) The department shall have authority to apply for, receive and expend
15 federal funds, subject to appropriation by the legislature. The department
16 shall have authority to establish guidelines for and administer the distribu-
17 tion of state block grant funds to counties for the employment and training of
18 county probation officers, the establishment of secure and nonsecure residen-
19 tial or nonresidential facilities and programs for juvenile offenders. The
20 department may require that a county provide matching funds as a condition of
21 receiving a block grant. The department, by rule, in cooperation with the
22 courts and the counties, shall establish uniform standards , criteria and oper-
23 ating procedures for county juvenile probation services, as well as qualifica-
24 tions for and standards for the training of juvenile probation officers.
25 (15) All of the powers and duties imposed upon or granted to the director
26 of the department of health and welfare or the board of health and welfare
27 pursuant to chapter 18, title 16, Idaho Code, are hereby transferred to the
28 director of the department of juvenile corrections. The director shall have
29 all such powers and duties as may have been or could have been exercised by
30 his predecessors in law with respect to chapter 18, title 16, Idaho Code, and
31 shall be the successor in law to all contractual obligations entered into by
32 his predecessor in law.
STATEMENT OF PURPOSE
This legislation amends Juvenile Corrections Act, Section 20-
504(14), Idaho Code to strike the language "criteria and
operating procedures." It is not the role of a state agency to
determine criteria and operating procedures for county probation
Name: Brent D. Reinke, Dept. of Juvenile Corrections
Phone: 334-5100, ext. 254
STATEMENT OF PURPOSE/FISCAL NOTE H 219