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S1250................................................by JUDICIARY AND RULES JUVENILE CORRECTIONS - Amends existing law relating to the Juvenile Corrections Act to provide that courts may make preliminary inquiries to determine whether the interests of the public or the juvenile require further action. 01/12 Senate intro - 1st rdg - to printing 01/13 Rpt prt - to Jud 01/24 Rpt out - rec d/p - to 2nd rdg 01/25 2nd rdg - to 3rd rdg 01/26 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Cameron, Geddes, Marley Floor Sponsor - Lodge Title apvd - to House 01/27 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 61-0-9 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pence, Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Stevenson, Trail NAYS -- None Absent and excused -- Black, Crow, Garrett, Pasley-Stuart, Ringo, Smylie, Wills, Wood, Mr. Speaker Floor Sponsor - Harwood Title apvd - to Senate 03/17 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/21 To Governor 03/24 Governor signed Session Law Chapter 177 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1250 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-510, IDAHO CODE, 3 TO PROVIDE THAT COURTS MAY MAKE PRELIMINARY INQUIRIES TO DETERMINE WHETHER 4 THE INTERESTS OF THE PUBLIC OR OF THE JUVENILE REQUIRE FURTHER ACTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 20-510, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 20-510. INFORMATION -- INVESTIGATION -- PETITION. Any peace officer, any 9 prosecuting attorney, or any authorized representative of the board of 10 trustees of a school district of this state, having knowledge of a juvenile 11 who is within the purview of this act may file a petition with the court in 12 such form as may be required by the court, except a peace officer may also 13 issue a citation for a curfew violation pursuant to section 20-549, Idaho 14 Code. Said individual or agency shall be responsible for providing the evi- 15 dence to support the allegations made in the petition, provided this in no way 16 shall relieve peace officers from enforcement of the law as set forth in sec- 17 tion 31-2227, Idaho Code. The courtshallmay make a preliminary inquiry to 18 determine whether the interests of the public or of the juvenile require that 19 further action be taken. Such inquiry may be made through the county probation 20 officer or such other agent or investigation officer designated by the court. 21 Thereupon, the court may make such informal adjustment as is practicable, or 22 dismiss the petition, or set the matter for hearing. If an informal adjustment 23 is made, it shall provide for full or partial restitution in the manner and 24 form prescribed by the court when the offense involves loss or damage of prop- 25 erty of another. A probation officer shall not file a petition unless the 26 juvenile has previously been under the jurisdiction of the court. The petition 27 and all subsequent court documents shall be entitled "In the interest of ..., 28 a juvenile under eighteen (18) years of age." The petition may be made upon 29 information and belief but it shall be made under oath. It shall set forth 30 plainly: (1) the facts which bring the juvenile within the purview of this 31 act; (2) the name, age, and residence of the juvenile; (3) the names and resi- 32 dences of his parents and spouse, if any; (4) the name and residence of his 33 legal guardian, if there be one, or the person or persons having custody or 34 control of the juvenile, or of the nearest known relative if no parent or 35 guardian can be found. If any of the facts herein required are not known by 36 the petitioner the petition shall so state. 37 Service of a petition upon the parents, legal guardian or person or per- 38 sons having custody or control of the juvenile shall subject the parents, 39 legal guardian or person or persons having custody or control of the juvenile 40 to the provisions of this chapter. The petition shall inform the parents, 41 legal guardian or other person legally obligated to care for and support the 42 juvenile that service of the petition upon them shall make them subject to the 43 provisions of this chapter.
STATEMENT OF PURPOSE RS 15472 This bill is one of a series of bills that the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required under article V, section 25 of the Idaho Constitution. It would amend the provisions of Idaho Code 20-510 pertaining to the procedures to be followed upon the filing of a petition under the Juvenile Corrections Act. The statute now states that the court, upon the filing of a petition, shall make a preliminary inquiry to determine whether the interests of the public or of the juvenile require that further action be taken. Currently, magistrate judges do not make such an inquiry in every case. Requiring magistrate judges to do so would often involve unnecessary complications and delays. It was the recommendation of the Supreme Court's Juvenile Justice Advisory Team, consisting of magistrate judges from each of the seven Judicial Districts, that the word "shall" be amended to read "may." This will avoid delay and allow courts to make a preliminary inquiry only in those cases where it would be helpful. FISCAL NOTE This bill will have no impact on the general fund. Contact Name: Patricia Tobias, Administrative Director of the Courts Phone: (208) 334-2246 STATEMENT OF PURPOSE/FISCAL NOTE S1250