SENATE BILL NO. 1287

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Bill Status



S1287................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to revise sentencing provisions for
juveniles.

01/17    Senate intro - 1st rdg - to printing
01/18    Rpt prt - to Jud
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- Siddoway
    Floor Sponsor - Richardson
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
      Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bayer, Brackett, Lake, Patrick
    Floor Sponsor - McGeachin
    Title apvd - to Senate
02/21    To enrol
02/22    Rpt enrol - Pres signed
02/25    Sp signed
02/26    To Governor
02/27    Governor signed
         Session Law Chapter 41
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1287

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO JUVENILES; AMENDING SECTION 20-520, IDAHO CODE, TO REVISE SENTENC-
  3        ING PROVISIONS.

  4    Be It Enacted by the Legislature of the State of Idaho:

  5        SECTION 1.  That Section 20-520, Idaho Code, be, and the  same  is  hereby
  6    amended to read as follows:

  7        20-520.  SENTENCING.  (1)  Upon the entry of an order finding the juvenile
  8    is within the purview of the act, the court shall then hold a sentencing hear-
  9    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
 10    tence that will promote accountability, competency development  and  community
 11    protection.  Prior  to the entry of an order disposing of the case, other than
 12    an order of discharge or dismissal, the court may request and,  if  requested,
 13    shall  receive  a  report  containing  the results of an inquiry into the home
 14    environment, past history, competency development, prevention or out  of  home
 15    placement  services provided, and the social, physical and mental condition of
 16    the juvenile. The court shall not consider or review the report prior  to  the
 17    entry  of an order of adjudication. Upon presentation and consideration of the
 18    report by the court, the court may proceed to sentence the  juvenile  as  fol-
 19    lows:
 20        (a)  Place  the  juvenile  on  formal probation for a period not to exceed
 21        three (3) years from the date of the order, except the court may  place  a
 22        juvenile  on  formal  probation  for a period not to exceed the juvenile's
 23        twenty-first birthday if the court finds that the juvenile has committed a
 24        crime of a sexual nature;
 25        (b)  Sentence the juvenile to detention pursuant to this act for a  period
 26        not  to  exceed thirty (30) days for each act, omission or status which is
 27        prohibited by the federal, state, local or municipal law or  ordinance  by
 28        reason  of  minority  only.  The sentence shall not be executed unless the
 29        act, omission or status is in violation of section  922(x)  of  title  18,
 30        United  States Code, or the court finds that the juvenile has violated the
 31        court's decree imposing the sentence as provided below.
 32             If the court, after notice and hearing, finds  that  a  juvenile  has
 33        violated the court's decree imposing the sentence under circumstances that
 34        bring  the  violation under the valid court order exception of the federal
 35        juvenile justice and delinquency prevention act of 1974, as  amended,  the
 36        court  may  commit  the  juvenile to detention for the period of detention
 37        previously imposed at sentencing;
 38        (c)  Commit the juvenile to a period of detention, pursuant to  this  act,
 39        for  a  period of time not to exceed ninety (90) days for each unlawful or
 40        criminal act the juvenile is found to have committed, if the  unlawful  or
 41        criminal act would be a misdemeanor if committed by an adult, or where the
 42        juvenile has been adjudicated as an habitual status offender;
 43        (d)  If the juvenile has committed an unlawful or criminal act which would

                                       2

  1        be a felony if committed by an adult, the court may commit the juvenile to
  2        detention  for  a  period  not to exceed one hundred eighty (180) days for
  3        each unlawful or criminal act;
  4        (e)  Whenever a court commits a juvenile to a period of detention it shall
  5        notify the school district where the detention  facility  is  located.  No
  6        juvenile  who  is found to come within the purview of the act for the com-
  7        mission of a status offense shall be sentenced  to  detention  in  a  jail
  8        facility  unless  an  adjudication  has  been made that the juvenile is an
  9        habitual status offender;
 10        (f)  Commit the juvenile to detention and suspend the sentence on specific
 11        probationary conditions;
 12        (g)  The court may suspend or restrict the juvenile's  driving  privileges
 13        for  such  periods of time as the court deems necessary, and the court may
 14        take possession of the  juvenile's  driver's  license.  The  juvenile  may
 15        request restricted driving privileges during a period of suspension, which
 16        the  court  may allow if the juvenile shows by a preponderance of evidence
 17        that driving privileges are necessary for his  employment  or  for  family
 18        health needs;
 19        (h)  The  court  may  order  that the juvenile be examined or treated by a
 20        physician, surgeon, psychiatrist or psychologist, or that he receive other
 21        special care, or that he submit to  an  alcohol  or  drug  evaluation,  if
 22        needed,  and  for  such  purposes  may place the juvenile in a hospital or
 23        other suitable facility;
 24        (i)  The court may order that the department of health and welfare conduct
 25        a comprehensive substance abuse assessment of the juvenile. After  receiv-
 26        ing  the  comprehensive  substance abuse assessment, and upon a finding by
 27        the court that treatment will provide a cost-effective means of  achieving
 28        the  sentencing goals of accountability, competency development and commu-
 29        nity protection, the court may order that the juvenile  receive  immediate
 30        treatment for substance abuse in keeping with a plan of treatment approved
 31        by  the  court.  The initial cost of the assessment and treatment shall be
 32        borne by the department of health and welfare. The director of the depart-
 33        ment of health and welfare may promulgate rules consistent with this para-
 34        graph (i) to establish a schedule of fees to be charged to parents by  the
 35        department  of health and welfare for such services based upon the cost of
 36        the services and the ability of parents to pay;
 37        (j)  In support  of an order under the provisions  of  this  section,  the
 38        court  may make an additional order setting forth reasonable conditions to
 39        be complied with by the parents, the juvenile, his legal guardian or  cus-
 40        todian,  or any other person who has been made a party to the proceedings,
 41        including, but not limited to, restrictions on visitation by  the  parents
 42        or  one  (1) parent, restrictions on the juvenile's associates, occupation
 43        and other activities, and requirements to  be  observed  by  the  parents,
 44        guardian or custodian;
 45        (k)  The  court  may  make any other reasonable order which is in the best
 46        interest of the juvenile or is required for the protection of the  public,
 47        except  that no person under the age of eighteen (18) years may be commit-
 48        ted to jail, prison or a secure facility which does not meet the standards
 49        set forth in section 20-518, Idaho  Code,  unless  jurisdiction  over  the
 50        individual  is  in the process of being waived or has been waived pursuant
 51        to section 20-508 or 20-509, Idaho Code. The court may combine several  of
 52        the above-listed modes of disposition where they are compatible;
 53        (l)  An order under the provisions of this section for probation or place-
 54        ment  of a juvenile with an individual or an agency may provide a schedule
 55        for review of the case by the court;

                                       3

  1        (m)  Order the proceeding expanded or altered to include consideration  of
  2        the cause pursuant to chapter 16, title 16, Idaho Code;
  3        (n)  Order  the  case  and  all  documents and records connected therewith
  4        transferred to the magistrate division  of  the  district  court  for  the
  5        county  where  the  juvenile  and/or  parents reside if different than the
  6        county where the juvenile was charged and  found  to  have  committed  the
  7        unlawful or criminal act, for the entry of a dispositional order;
  8        (o)  Order  such  other terms, conditions, care or treatment as appears to
  9        the court will best serve the interests of the juvenile and the community;
 10        (p)  The court shall assess a twenty dollar  ($20.00)  detention/probation
 11        training  academy  fee against the juvenile for every petition filed where
 12        there has been an adjudication that the juvenile is within the purview  of
 13        this chapter. All moneys raised pursuant to this paragraph shall be trans-
 14        mitted  by the court for deposit in the juvenile corrections fund which is
 15        created in section 20-542, Idaho Code;
 16        (q)  Additionally, the court shall assess a fee of sixty cents  (60¢)  per
 17        hour  of  community  service against the juvenile for every petition filed
 18        where there has been an adjudication that the juvenile is within the  pur-
 19        view  of  this  chapter and the court is ordering community service.  Such
 20        fee is to be remitted by the court to the state insurance  fund  for  pur-
 21        poses  of providing worker's compensation insurance for persons performing
 22        community service pursuant to this chapter;
 23        (r)  Commit the juvenile to the legal custody of the department  of  juve-
 24        nile  corrections  for  an  indeterminate period of time not to exceed the
 25        juvenile's nineteenth birthday, unless, in  the  opinion  of  the  custody
 26        review  board,  determines  that  extended time in custody is necessary to
 27        address competency development, accountability, and community  protection;
 28        provided  however,  that  no  juvenile  shall remain in the custody of the
 29        department beyond the juvenile's  twenty-first  birthday.  The  department
 30        shall adopt rules implementing the custody review board and operations and
 31        procedures of such board;
 32        (s)  Notwithstanding  any other provision of this section, a court may not
 33        commit a juvenile offender under the age of ten (10) years to a period  of
 34        detention  or to the custody of the department of juvenile corrections for
 35        placement in secure confinement.
 36        (2)  When an order is entered pursuant to this section, the juvenile shall
 37    be transported to the facility or program so designated by the  court  or  the
 38    department,  as  applicable,  by  the sheriff of the county where the juvenile
 39    resides or is committed, or by an appointed agent. When committing a  juvenile
 40    to  the  department, or another entity, the court shall at once forward to the
 41    department or entity a certified copy of the order of commitment.
 42        (3)  Unless the court determines that an order  of  restitution  would  be
 43    inappropriate  or  undesirable,  it shall order the juvenile or his parents or
 44    both to pay restitution to or make whole any victim who  suffers  an  economic
 45    loss  as  a  result of the juvenile's conduct in accordance with the standards
 46    and requirements of sections 19-5304 and 19-5305, Idaho Code.  The  amount  of
 47    restitution which may be ordered by the court shall not be subject to the lim-
 48    itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
 49    prior to any other court-ordered payments unless the court specifically orders
 50    otherwise.
 51        (4)  The  court may order the juvenile's parents, legal guardian or custo-
 52    dian to pay the charges imposed by community programs ordered by the court for
 53    the juvenile, or the juvenile's parents, legal guardian or custodian.
 54        (5)  Any parent, legal guardian or custodian violating any  order  of  the
 55    court entered against the person under the provisions of this chapter shall be

                                       4

  1    subject  to  contempt  proceedings under the provisions of chapter 6, title 7,
  2    Idaho Code.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 17323

Amend section 20-520(1)(r), Idaho Code, of the Juvenile 
Corrections Act to clarify current language that the opinions of 
the Custody Review Board are determinations, not 
recommendations. The term “opinions” has been causing confusion 
as it is currently written.



                       FISCAL NOTE

There will be no fiscal impact.





CONTACT
Name:	Larry Callicutt
Agency:	Juvenile Corrections, Dept. of
Phone:	334-5100


STATEMENT OF PURPOSE/FISCAL NOTE	                S 1287