SENATE BILL NO. 1209

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S1209................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS - Amends existing law to provide correct code
references to the Juvenile Corrections Act.
                                                                        
01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Jud
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 34-1-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- McKenzie
      Absent and excused -- None
    Floor Sponsor - Sorensen(Sorensen)
    Title apvd - to House
02/06    House intro - 1st rdg - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 63-1-6
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
      Deal, Denney, Douglas, 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, Pasley-Stuart,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Trail, Wills, Wood
      NAYS -- Barrett
      Absent and excused -- Crow, Eberle, Jones, Sali, Schaefer, Mr.
      Speaker
    Floor Sponsor - Andersen
    Title apvd - to Senate
03/01    To enrol
03/02    Rpt enrol - Pres signed
03/03    Sp signed
03/04    To Governor
03/05    Governor signed
         Session Law Chapter 23
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1209
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 8-705, IDAHO  CODE,
  3        TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-113B, IDAHO CODE,
  4        TO  PROVIDE  CORRECT  TERMINOLOGY  AND  CODE REFERENCES; AMENDING SECTIONS
  5        18-216 AND 18-1502B, IDAHO  CODE,  TO  PROVIDE  CORRECT  CODE  REFERENCES;
  6        AMENDING  SECTION 33-207, IDAHO CODE, TO PROVIDE THAT PARENTS OR GUARDIANS
  7        WHO HAVE FAILED, NEGLECTED OR REFUSED  TO  PLACE  A  CHILD  IN  SCHOOL  AS
  8        REQUIRED  SHALL  BE  SUBJECT TO PROCEEDINGS UNDER THE JUVENILE CORRECTIONS
  9        ACT AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTION  33-1404,  IDAHO
 10        CODE,  TO  PROVIDE  CORRECT  TERMINOLOGY;  AMENDING SECTION 33-1406, IDAHO
 11        CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A  TECHNICAL  CORRECTION;
 12        AMENDING  SECTION  39-270, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE
 13        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS  66-318  AND  66-319,
 14        IDAHO  CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO MAKE TECHNICAL COR-
 15        RECTIONS; AMENDING SECTION 66-320, IDAHO CODE, TO PROVIDE A  CORRECT  CODE
 16        REFERENCE; AMENDING SECTION 66-338, IDAHO CODE, TO DELETE AN OBSOLETE CODE
 17        REFERENCE  AND  TO  MAKE  A  TECHNICAL  CORRECTION;  AND  AMENDING SECTION
 18        67-2907, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 8-705, Idaho Code, be, and  the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        8-705.  WAGE  ASSIGNMENT  FOR SUPPORT AND CARE OF DELINQUENT CHILD. In any
 23    proceeding where the court has ordered a parent, legal guardian, or  custodian
 24    to  pay any amount for the care, support or maintenance of a child adjudged to
 25    be within the purview of chapter 185, title 1620, Idaho Code, and through  the
 26    adjudication  has rendered a liability upon the parent, legal guardian or cus-
 27    todian to pay damages or to pay for the child's support and care, the  follow-
 28    ing  procedure may be utilized for collection. The court may order the parent,
 29    legal guardian or custodian to assign a sum as the court may determine  to  be
 30    equitable or as may otherwise be provided by statute or contract to the county
 31    clerk, probation officer or other office of the court or county officer desig-
 32    nated by the court to receive such payment.  The assignment shall be that por-
 33    tion  of  salary or wages of the parent, legal guardian or custodian the court
 34    deems would be due in the future to apply on the amount ordered by  the  court
 35    for  the care, support or maintenance of the delinquent child or for breach of
 36    contract caused by the child's delinquency. The order shall be binding upon an
 37    employer and until further order of the court. Any such order may be  modified
 38    or  revoked  at  any  time  by the court. Any such assignment made pursuant to
 39    court order shall have priority as against any attachment, execution or  other
 40    assignment, unless otherwise ordered by the court. All sums collected pursuant
 41    to the provisions of this section shall be remitted as may be provided by law.
                                                                        
 42        SECTION  2.  That  Section 18-113B, Idaho Code, be, and the same is hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        18-113B.  INCARCERATION OF JUVENILES FOR MISDEMEANOR OR  FELONY  OFFENSES.
  3    (1)  Juveniles  committing  offenses  which lie outside the scope of the youth
  4    rehabilitation juvenile corrections act, chapter 185, title 1620, Idaho  Code,
  5    and  not  charged under section 16-1806 20-508 or 16-1806A 20-509, Idaho Code,
  6    may, in the discretion of a court  or arresting officer, be placed in a  juve-
  7    nile  detention  facility  or  juvenile shelter care facility rather than in a
  8    county jail pending arraignment or trial, if arrested or  held  on  bond.  The
  9    option  of  placing  a juvenile in such a facility shall not affect the misde-
 10    meanor or felony status of the offense.
 11        (2)  Juveniles committing offenses which lie  outside  the  scope  of  the
 12    youth rehabilitation juvenile corrections act, chapter 185, title 1620,  Idaho
 13    Code,  and  not charged under section 16-1806 20-508 or 16-1806A 20-509, Idaho
 14    Code, may, in the discretion of the court, be sentenced:
 15        (a)  To serve time in a juvenile  detention  facility  rather  than  in  a
 16        county jail; or
 17        (b)  To  serve time in a community sentencing alternative when a mandatory
 18        minimum period of incarceration is not required by statute.
 19        The option of placing a juvenile in such a facility shall not  affect  the
 20    misdemeanor or felony status of the offense.
                                                                        
 21        SECTION  3.  That  Section  18-216, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        18-216.  CRIMINAL TRIAL OF JUVENILES BARRED  --  EXCEPTIONS  --  JURISDIC-
 24    TIONAL  HEARING -- TRANSFER OF DEFENDANT TO DISTRICT COURT. (1) A person shall
 25    not be tried for or convicted of an offense if:
 26        (a)  At the time of the conduct charged to constitute the offense  he  was
 27        less than fourteen (14) years of age; or
 28        (b)  At  the  time of the conduct charged to constitute the offense he was
 29        less than eighteen (18) but not less than  fourteen  (14)  years  of  age,
 30        unless:
 31             1.  A  court  of  this state has no jurisdiction over him pursuant to
 32             chapter 185, title 1620, Idaho Code, or
 33             2.  The court having jurisdiction  pursuant  to  chapter  185,  title
 34             1620,  Idaho Code, has entered an order waiving jurisdiction and con-
 35             senting to the institution of criminal proceedings against him.
 36        (2)  No court shall have jurisdiction to try or convict  a  person  of  an
 37    offense  if  criminal  proceedings against him are barred by subsection (1) of
 38    this section. When it appears that a person charged with the commission of  an
 39    offense  may  be  of such an age that criminal proceedings may be barred under
 40    subsection (1) of this section, the court shall hold a  hearing  thereon,  and
 41    the burden shall be on the prosecution to establish to the satisfaction of the
 42    court  that  the  criminal  proceeding is not barred upon such grounds. If the
 43    court determines that the proceeding is barred, custody of the person  charged
 44    shall be surrendered to the court having jurisdiction pursuant to chapter 185,
 45    title  1620,    Idaho  Code,  and the case, including all papers and processes
 46    relating thereto, shall be transferred.
                                                                        
 47        SECTION 4.  That Section 18-1502B, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
 49        18-1502B.  POSSESSION  OF INHALANTS BY MINORS. Whenever a person under the
 50    age of eighteen (18) years is in possession and uses an aerosol spray  product
                                                                        
                                           3
                                                                        
  1    or  other inhalant, that is not used pursuant to the instructions or prescrip-
  2    tion of a licensed health care provider or that is not used  pursuant  to  the
  3    manufacturer's  label  instructions,  for  the  purpose  of becoming under the
  4    influence of such substance; such person shall be guilty of a misdemeanor, and
  5    upon conviction, may be punished by a fine not in excess of three hundred dol-
  6    lars ($300), or by thirty (30) days in a juvenile  detention  facility  or  by
  7    both  or  may  be  subject to the provisions of chapter 185, title 1620, Idaho
  8    Code.
  9        For the purposes of this section, the  term  "inhalant"  means  any  glue,
 10    cement or other substance containing one (1) or more of the following chemical
 11    compounds:  acetone  and  acetate,  amyl  nitrite  or  amyl  nitrate  or their
 12    isomers, benzene,  butyl  alcohol,  butyl  nitrite,  butyl  nitrate  or  their
 13    isomers,  ethyl  alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride,
 14    isobutyl alcohol, methyl  alcohol,  methyl  ethyl  ketone,  n-propyl  alcohol,
 15    pentachlorophenol,  petroleum ether, propyl nitrite or propyl nitrate or their
 16    isomers, toluene or xylene or other chemical substance capable  of  causing  a
 17    condition  of  intoxication,  inebriation,  excitement,  stupefaction  or  the
 18    dulling  of  the  brain or nervous system as a result of the inhalation of the
 19    fumes or vapors of such chemical substance.
                                                                        
 20        SECTION 5.  That Section 33-207, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        33-207.  PROCEEDINGS  AGAINST  PARENTS  OR GUARDIANS. Whenever it has been
 23    determined by the probate court of any county that the parents or guardians of
 24    any child between the ages of seven (7) years, as qualified in section 33-202,
 25    Idaho Code, and sixteen (16)  years,  are  failing,  neglecting  have  failed,
 26    neglected or refusing refused to place the child in school as provided in this
 27    chapter  or to have the child comparably instructed, or knowingly have allowed
 28    a pupil to become an habitual truant, proceedings  shall  be  brought  against
 29    such  parent  or guardian under the provisions of the youth rehabilitation law
 30    juvenile corrections act.
                                                                        
 31        SECTION 6.  That Section 33-1404, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        33-1404.  DISTRICTS TO RECEIVE PUPILS. Every school district shall receive
 34    and  admit pupils transferred thereto, where payment of their tuition is to be
 35    paid by the home district, or waived by the receiving  district,  except  when
 36    any  such  transfer  would  work  a  hardship  on the receiving district. Each
 37    receiving school district shall be  governed  by  written  policy  guidelines,
 38    adopted  by  the board of trustees, which define hardship impact upon the dis-
 39    trict or upon an individual school within the district. The policy shall  pro-
 40    vide  specific  standards  for  acceptance  and  rejection of applications for
 41    accepting out of district pupils. Standards may include the capacity of a pro-
 42    gram, class, grade level or school building. Standards may not include  previ-
 43    ous   academic   achievement,   athletic  or  other  extracurricular  ability,
 44    handicapping conditions, or proficiency in the English language.
 45        Nonresident pupils who are placed by court order under provisions  of  the
 46    Idaho  youth  rehabilitation juvenile corrections or child protective acts and
 47    reside in licensed homes, agencies and  institutions  shall  be  received  and
 48    admitted  by the school district in which the facility is located without pay-
 49    ment of tuition.
 50        Homeless children and youth as defined by the Stewart B. McKinney homeless
 51    assistance act (P.L. 100-77), may attend any school district or school  within
                                                                        
                                           4
                                                                        
  1    a  district without payment of tuition when it is determined to be in the best
  2    interest of that child.
                                                                        
  3        SECTION 7.  That Section 33-1406, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        33-1406.  BILLS  OF TUITION. Bills of tuition for nonresident pupils shall
  6    be rendered by each creditor district and for nonresident pupils attending any
  7    school of the creditor district under the provisions of  sections  33-1403  or
  8    33-1404,  Idaho  Code, the bill of tuition shall be submitted to the home dis-
  9    trict of such pupils. In all other cases, the creditor district may submit  to
 10    the  parent  or guardian of any nonresident pupil attending school in its dis-
 11    trict a bill of tuition of such pupil, and such parent or  guardian  shall  be
 12    liable  for  the  payment of said tuition, if so billed. Tuition reimbursement
 13    for nonresident pupils who are placed by court order under provisions  of  the
 14    Idaho  youth  rehabilitation juvenile corrections or child protective acts may
 15    be obtained by the creditor district through procedures established in section
 16    33-1002, Idaho Code, for nonresident tuition-equivalency allowance.
 17        Each bill of tuition submitted to a home district shall  show  the  serial
 18    number  of the tuition certificate last issued to the creditor district by the
 19    state department of education and shall show also the  number  of  pupils  for
 20    whom  tuition  is  charged, which charge shall be as shown by the said tuition
 21    certificate.
 22        Bills of tuition, if submitted other than annually, shall  be  apportioned
 23    according  to  the number of school months for which any such bill is applica-
 24    ble. A fraction of a school month shall be deemed a school month.
                                                                        
 25        SECTION 8.  That Section 39-270, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        39-270.  DISCLOSURE  OF  INFORMATION.  (a) Certificates and records in the
 28    custody of the state registrar shall be open to inspection subject to the pro-
 29    visions of this chapter and the regulations rules of the board, the provisions
 30    of section 9-302, Idaho Code, to the contrary notwithstanding; and it shall be
 31    unlawful for any state or local official or employee  under  this  chapter  to
 32    disclose any data contained in the records, except as authorized by this chap-
 33    ter and the regulations rules of the board.
 34        (b)  A  complete  copy, or any part of a certificate, may be issued to any
 35    applicant who can show direct and tangible interest in the record for which he
 36    applies. A complete copy, or any part of a certificate, shall be  issued  upon
 37    request  to a state, federal or local public agency for child support enforce-
 38    ment purposes pursuant to chapters 10, 11 and 12, title  7,  Idaho  Code,  and
 39    sections  16-1622, 16-1815 20-524, 32-710A, and 56-203, Idaho Code, or for the
 40    purpose of investigation of fraud related to benefit payments. Subject to such
 41    provisions as the board may prescribe, data contained on records may  be  used
 42    by  federal,  state  or  municipal agencies for the purpose of verification of
 43    data.
 44        (c)  As provided in chapter 3, title 9,  Idaho  Code,  data  contained  on
 45    records  may  be  used for research, public health or statistical purposes. No
 46    lists of registration shall be compiled for public use.
 47        (d)  The manner of keeping local records and the use thereof shall be pre-
 48    scribed by the board, in keeping with the provisions of this section.
 49        (e)  When one hundred (100) years have elapsed after the date of birth, or
 50    fifty (50) years have elapsed after the date of death, stillbirth, marriage or
 51    divorce, the  records of these events in the custody of  the  state  registrar
                                                                        
                                           5
                                                                        
  1    shall  become public records and information shall be made available in accor-
  2    dance with chapter 3, title 9, Idaho Code.
                                                                        
  3        SECTION 9.  That Section 66-318, Idaho Code, be, and the  same  is  hereby
  4    amended to read as follows:
                                                                        
  5        66-318.  AUTHORITY TO ADMIT VOLUNTARY PATIENTS -- DENIAL OF ADMISSION. (a)
  6    The director of any facility may admit as a voluntary patient:
  7        (1)  Any person who is eighteen (18) years of age or older;
  8        (2)  Any  individual  fourteen  (14) to eighteen (18) years of age who may
  9        apply to be admitted for observation, diagnosis, evaluation and  treatment
 10        and  the  facility director will notify the parent, parents or guardian of
 11        the individual of the admission; a parent or guardian may  apply  for  the
 12        individual's  release  and  the facility director will release the patient
 13        within three (3) days, excluding Saturdays, Sundays and legal holidays, of
 14        the application for discharge, unless the time period for diagnosis, eval-
 15        uation, care or treatment is extended pursuant to  section  66-320,  Idaho
 16        Code;
 17        (3)  Any emancipated minor;
 18        (4)  Any  individual  under fourteen (14) years of age upon application of
 19        the individual's parent or guardian, provided that admission to  an  inpa-
 20        tient  facility  shall  require a recommendation for admission by a desig-
 21        nated examiner;
 22        (5)  Any individual who lacks capacity to make  informed  decisions  about
 23        treatment  upon  application  of  the individual's guardian; provided that
 24        admission to an inpatient facility  shall  require  a  recommendation  for
 25        admission by a designated examiner; or
 26        (6)  Any  individual confined for examination pursuant to sections 18-211,
 27        16-1814 or 20-520, or 16-1835, Idaho Code.
 28        (b)  The director of any facility must refuse admission to  any  applicant
 29    under this section whenever:
 30        (1)  The  applicant  is not in need of observation, diagnosis, evaluation,
 31        care or treatment at the facility;
 32        (2)  The applicant lacks capacity to make informed decisions about  treat-
 33        ment  unless  the application is made by a guardian with authority to con-
 34        sent to treatment; or
 35        (3)  The applicant's welfare or the welfare of society, or both, are  bet-
 36        ter protected by the provisions of section 66-329, Idaho Code.
                                                                        
 37        SECTION  10.  That  Section 66-319, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        66-319.  RELEASE OF VOLUNTARY INPATIENTS. The  director  of  an  inpatient
 40    facility  shall  release any person, admitted in accordance with the procedure
 41    outlined in section 66-318, Idaho Code, whose continued care or  treatment  is
 42    no  longer  appropriate.  If upon evaluation at the facility, it is determined
 43    that the patient is mentally ill and is likely to injure himself or others  or
 44    is  gravely disabled, the director of the facility shall institute appropriate
 45    judicial proceedings for continued care and treatment. In the case of  persons
 46    confined  pursuant to sections 16-1814, 20-520 16-1835, or 18-211, Idaho Code,
 47    upon completion of the examination, the sheriff of the county from  which  the
 48    defendant was committed shall be notified and the defendant  shall continue to
 49    be  confined  at  the facility for transportation back to the county. In those
 50    cases of persons admitted upon the application of a  guardian,  those  persons
 51    shall  be released upon the termination of the guardian's authority to consent
                                                                        
                                           6
                                                                        
  1    to treatment.
                                                                        
  2        SECTION 11.  That Section 66-320, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        66-320.  RIGHT  TO  RELEASE  ON APPLICATION -- EXCEPTIONS. (a) A voluntary
  5    patient admitted in accordance with the procedure outlined in section  66-318,
  6    Idaho  Code,  who requests his release or whose release is requested, in writ-
  7    ing, by his legal guardian, parent, spouse, or adult  next  of  kin  shall  be
  8    released except that:
  9        (1)  if  the  patient  was admitted on his own application and the request
 10        for release is made by a person other than the  patient,  release  may  be
 11        conditioned upon the agreement of the patient thereto, and
 12        (2)  if the patient, by reason of his age, was admitted on the application
 13        of another person, his release prior to becoming sixteen (16) years of age
 14        may be conditioned upon the consent of his parent or guardian, or
 15        (3)  if the director of the facility determines that the patient should be
 16        hospitalized  under  the  provisions  of  this chapter, the patient may be
 17        detained up to three (3) days, excluding Saturdays, Sundays and legal hol-
 18        idays, for the purpose of examination by a  designated  examiner  and  the
 19        filing of an application for continued care and treatment.
 20        (b)  Notwithstanding  any  other  provision of this chapter, judicial pro-
 21    ceedings authorized by this chapter shall not be commenced with respect  to  a
 22    voluntary  patient unless release of the patient has been requested by himself
 23    or the individual who applied for his admission.
 24        (c)  The date and time of any request for release under this section shall
 25    be entered in the patient's clinical record. If the  request  for  release  is
 26    denied, the reasons for denial also shall be entered in the patient's clinical
 27    record.
 28        (d)  A  patient  admitted  for  examination  pursuant  to section 16-1814,
 29    20-520 or 18-211, Idaho Code, may not  be  released  except  for  purposes  of
 30    transportation  back to the court ordering, or party authorizing, the examina-
 31    tion.
                                                                        
 32        SECTION 12.  That Section 66-338, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        66-338.  CONDITIONAL  RELEASE.  Except  for  patients confined pursuant to
 35    section  16-1835, 18-211, 18-212, 18-214, or 20-520, Idaho Code,  upon  deter-
 36    mining  that  a  patient  may be released without imminent risk or harm due to
 37    mental illness, the department director or his designated  representative  may
 38    release  a  patient from an inpatient treatment facility on the condition that
 39    the patient receive outpatient treatment pursuant to a written treatment  plan
 40    as specified by the department director or his designee or as amended pursuant
 41    to  this  chapter.  For  purposes of this chapter, "conditional release" shall
 42    refer to the situation in which a patient  is  discharged  from  an  inpatient
 43    treatment  facility and dispositioned to an outpatient facility, but shall not
 44    include absences, such as escape or other  absences  wherein  the  patient  is
 45    expected to return to the inpatient facility upon a certain date or occurrence
 46    of an event.
                                                                        
 47        SECTION  13.  That Section 67-2907, Idaho Code, be, and the same is hereby
 48    amended to read as follows:
                                                                        
 49        67-2907.  JAILORS TO RECEIVE PRISONERS FROM IDAHO STATE POLICE. Any person
                                                                        
                                           7
                                                                        
  1    having charge of a jail, prison or reformatory or  other  place  of  detention
  2    shall  receive  any  prisoner  arrested  by  the Idaho state police within the
  3    jurisdiction served by such jail and shall detain  that  prisoner  in  custody
  4    until otherwise ordered by a court of competent jurisdiction, or by the super-
  5    intendent. Such person in charge shall have the right to refuse to receive any
  6    juvenile  not being charged with a felony and not in the process of being cer-
  7    tified as an adult, in accordance with section 16-1806A 20-509, Idaho Code.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                              RS 13561

This bill amends various sections of the Idaho Code to correct outdated 
references to the Youth Rehabilitation Act, which formerly covered 
offenses committed by juveniles.

The Youth Rehabilitation Act was superseded in its entirety and replaced 
by the Juvenile Corrections Act in 1995.  Present references to the 
obsolete Youth Rehabilitation Act in various sections of the Idaho Code 
cause confusion and should be corrected to reflect the Juvenile Corrections 
Act.

                               FISCAL NOTE

This bill implements clerical changes and will not affect the state general 
fund or local funds.

Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246

Statement of Purpose/Fiscal Note                   S 1209