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H0032........................................................by MR. SPEAKER
Requested by Department of Juvenile Corrections
JUVENILE OFFENDERS - Amends and adds to existing law to provide the options
of the Department of Juvenile Corrections for the placement of juvenile
offenders committed to its custody.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
H0032|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 32 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-501, IDAHO CODE, TO 3 ALLOW THE DEPARTMENT TO PROVIDE A CONTINUUM OF SERVICES INCLUDING COMMU- 4 NITY NONRESIDENTIAL PLACEMENTS OF JUVENILE OFFENDERS AND TO PROVIDE COR- 5 RECT NOMENCLATURE; AMENDING SECTION 20-502, IDAHO CODE, TO REDEFINE JUVE- 6 NILE OFFENDER; AMENDING SECTION 20-504, IDAHO CODE, TO PROVIDE THAT THE 7 DEPARTMENT IS RESPONSIBLE FOR ALL JUVENILE OFFENDERS COMMITTED TO ITS CUS- 8 TODY, TO DELETE REFERENCES TO CONFINEMENT AND TO DELETE THE DUTY OF THE 9 DEPARTMENT TO ESTABLISH AND ADMINISTER ALL SECURE RESIDENTIAL FACILITIES; 10 AMENDING SECTION 20-520, IDAHO CODE, TO PROVIDE THAT A COURT MAY NOT COM- 11 MIT A JUVENILE OFFENDER UNDER THE AGE OF TEN TO THE CUSTODY OF THE DEPART- 12 MENT AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING CHAPTER 5, TITLE 20, 13 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20-520A, IDAHO CODE, TO PRO- 14 VIDE THE OPTIONS OF THE DEPARTMENT FOR PLACEMENT OF JUVENILE OFFENDERS 15 COMMITTED TO THE DEPARTMENT. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 20-501, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 20-501. LEGISLATIVE INTENT. It is the policy of the state of Idaho that 20 the juvenile corrections system will be based on the following principles: 21 accountability; community protection; and competency development. Where a 22 juvenile has been found to be within the purview of the juvenile corrections 23 act, the court shall impose a sentence that will protect the community, hold 24 the juvenile accountable for his actions, and assist the juvenile in develop- 25 ing skills to become a contributing member of a diverse community. It is the 26 further policy of the state of Idaho that the parents or other legal guardians 27 of the juvenile offender participate in the accomplishment of these goals 28 through participation in counseling and treatment designed to develop positive 29 parenting skills and an understanding of the family's role in the juvenile's 30 behavior. It is the further intent of the legislature that the parents or 31 legal guardians of the juvenile offender be held accountable, where appropri- 32 ate, through monetary reimbursement for supervision and confinement of the 33 juvenile offender, and restitution to victims of the juvenile's delinquent 34 acts. In enacting this legislation, the legislature finds that the juvenile 35 corrections system should encompass the following aspects: day treatment, 36 community programs, observation and assessment programs, probation services, 37 secure facilities, after-care and assistance to counties for juveniles not 38 committed to the custody of the department of juvenile corrections. 39 The following is a brief description of what the legislature intends to 40 become the components of Idaho's juvenile corrections system: 41 Probation. Probation officers would have twenty-four (24) hour on call 42 responsibility for juveniles and would monitor their activities on a contin- 43 ual basis. Probation officers would be responsible for assisting juveniles and 2 1 their families in accessing counseling or treatment resources, close supervi- 2 sion of juveniles' activities, supervision of restitution and coordination of 3 other services provided to juveniles. Juvenile offenders ordered into the cus- 4 tody of the department of juvenile corrections would be monitored by a county 5 probation officer. 6 Day treatment. Day treatment programs would be time limited nonresidential 7 treatment and educational programs. Included in these programs would be 8 trackers who would provide intensive supervision of juveniles through daily 9 contact and by counseling juveniles regarding employment, education, courts, 10 family and life skills. Nonresidential alcohol and drug programs would provide 11 outpatient assessment and counseling for juveniles with substance abuse prob- 12 lems. 13 Community programs. It is intended that community programs would exist 14 throughout the state to provide twenty-four (24) hour residential supervision 15 and other nonresidential treatment options , if appropriate, 16 to juveniles in close proximity to their families and their community. 17 It is intended that these programs would strengthen the juvenile's relation- 18 ship with family, engender a commitment to school and employment, promote the 19 development of competency and life skills and help juveniles generalize appro- 20 priate behavior into their environment. 21 Observation and assessment. Regional observation and assessment centers 22 would be provided, either directly or on a contract basis, to conduct observa- 23 tion and assessment of the juvenile in a short-term residential experience. It 24 is intended that these programs would maintain standardized home and daily 25 routines with intensive daily programming. 26 Secure facilities. Secure facilities would provide secure confinement, 27 discipline, education and treatment of the most seriously delinquent juve- 28 niles. Programs at the secure facilities would be designed to help juveniles 29 recognize accountability for delinquent behavior by confronting and eliminat- 30 ing delinquent norms, criminal thinking and antisocial behavior and making 31 restitution to victims through community service or other restitution pro- 32 grams. 33 It is the further intent of the legislature that the primary purpose of 34 this act is to provide a continuum of programs which emphasize the juvenile 35 offender's accountability for his actions while assisting him in the develop- 36 ment of skills necessary to function effectively and positively in the commu- 37 nity in a manner consistent with public safety. These services and programs 38 will individualize treatment and control of the juvenile offender for the ben- 39 efit of the juvenile and the protection of society. It is legislative intent 40 that the department of juvenile corrections be operated within the framework 41 of the following principles to accomplish this mission: 42 (1) Provide humane, disciplined confinement to a juvenile offender 43 who presents a danger to the community. 44 (2) Provide a continuum of services to other juvenile offenders 45 including, but not limited to, community nonresidential placements consistent 46 with the balanced approach to juvenile justice. 47 (3) Strengthen opportunities for the juvenile's48 offender's development of competency and life skills by expanding the 49 juvenile's access to applicable programs and community resources. 50 (34 ) Hold juvenilesoffend- 51 ers accountable for their delinquent behavior through such means as 52 victim restitution, community service programs and the sharing of correctional 53 costs. 54 (45 ) Invoke the participation of the juvenile 55 offender's parent or legal guardian in assisting the juvenile to recognize and 3 1 accept responsibility for his delinquent or other antisocial behavior and hold 2 the parent or legal guardian accountable, where appropriate, through the pay- 3 ment of detention costs and restitution to victims and through attendance at 4 programs for the development of positive parenting skills designed to promote 5 a functional relationship between the juvenile and his family. 6 (56 ) Develop efficient and effective juvenile 7 correctional programs within the framework of professional correctional stan- 8 dards, legislative intent and available resources. 9 (67 ) Provide for a diversity of innovative and 10 effective programs through research on delinquent behavior and the continuous 11 evaluation of correctional programs. 12 (78 ) Assist counties in developing meaningful 13 programs for juveniles who have come into the juvenile corrections system but 14 who have not been committed to the custody of the department of juvenile cor- 15 rections. 16 (89 ) Provide programs to increase public aware- 17 ness of the mission of the juvenile corrections system and encourage public 18 participation in developing an effective juvenile corrections system designed 19 to aid in reducing juvenile crime in this state. 20 (910 ) Develop and maintain a statewide juvenile 21 offender information system. 22 SECTION 2. That Section 20-502, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 20-502. DEFINITIONS. When used in this chapter, unless the context other- 25 wise requires: 26 (1) "Adult" means a person eighteen (18) years of age or older. 27 (2) "Commit" means to transfer legal custody. 28 (3) "Community-based program" means an in-home confinement program or a 29 nonsecure or staff secure residential or nonresidential program operated to 30 supervise and provide competency development to juvenile offenders in the 31 least restrictive setting, consistent with public safety, operated by the 32 state or under contract with the state or by the county. 33 (4) "Court" means any district court within the state of Idaho, or 34 magistrate's division thereof. 35 (5) "Department" means the state department of juvenile corrections. 36 (6) "Detention" means the temporary placement of juveniles who require 37 secure custody for their own or the community's protection in physically 38 restricting facilities. 39 (7) "Detention center" means a facility established pursuant to sections 40 20-517 and 20-518, Idaho Code. 41 (8) "Director" means the director of the department of juvenile correc- 42 tions. 43 (9) "Diversion" means the utilization of local community resources, 44 churches, counseling for the juvenile and/or family, substance abuse counsel- 45 ing, informal probation, community service work, voluntary restitution, or any 46 other available service or program as an alternative to the filing of a peti- 47 tion with the juvenile court. 48 (10) "Judge" means a district judge or a magistrate. 49 (11) "Juvenile" means a person less than eighteen (18) years of age or who 50 was less than eighteen (18) years of age at the time of any act, omission or 51 status bringing the person within the purview of this chapter. 52 (12) "Juvenile corrections center" means any state-operated secure facil- 53 ity wherever located. 4 1 (13) "Juvenile offender" means a person under the age of eighteen (18), 2 committed by the court to the custody, care and jurisdiction of the department 3for confinement in a secure facilityfollowing adjudication for a 4 delinquent act which would constitute a felony or misdemeanor if committed by 5 an adult. 6 (14) "Legal custody" means the relationship created by the court's decree 7 which imposes upon the custodian responsibilities of physical possession of 8 the juvenile, the duty to protect, train and discipline him and to provide him 9 with food, shelter, education and ordinary medical care. 10 (15) "Legal guardian" means a person appointed as guardian of a minor 11 under the laws of Idaho. For the purposes of this chapter, legal guardian 12 does not include and shall not be construed to include the owner, operator or 13 the agent of an owner or operator of a detention center, observation and 14 assessment center, secure facility, residential facility or other facility 15 having temporary or long-term physical custody of the juvenile offender. 16 (16) "Observation and assessment program" means any state-operated or pur- 17 chased service program responsible for temporary custody of juvenile offenders 18 for observation and assessment. 19 (17) "Secure facility" means any state-operated facility or facility oper- 20 ated under contract with the state which provides twenty-four (24) hour super- 21 vision and confinement for juvenile offenders committed to the custody of the 22 department. 23 (18) "Work program" means a public service work project which employs 24 juvenile offenders at a reasonable wage for the purpose of reimbursing victims 25 of the juvenile offender's delinquent behavior. 26 SECTION 3. That Section 20-504, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 29 ment shall have jurisdiction over all juveniles committed to it pursuant to 30 chapter 5, title 20, Idaho Code. 31 (2) The department is responsible for all juvenile offenders committed to 32 it by the courts of this state .for confinement.The 33 department shall also establish minimum standards for detention, care and cer- 34 tification of approved detention facilities based upon such standards. 35 (3) The department shall establish and administerall secure resi-36dential facilities includingall state juvenile corrections centers. 37 (4) The department shall make all decisions regarding placement of juve- 38 nile offenders committed to it in the most appropriate program for supervision 39 and treatment. 40 (5) The department shall establish an observation and assessment process 41 for juvenile offenders committed to it by a court. 42 (6) The department shall establish liaison services with the counties. 43 (7) The department may establish and operate work programs designed to 44 employ juvenile offenders in public service work projects for the purpose of 45 reimbursing victims of the juvenile offender's delinquent behavior. 46 (8) The department is hereby authorized and may place juveniles committed 47 to it pursuant to this chapter on a ranch, in a forestry camp or similar 48 facility for care and for work, if possible; provided, that the person, agency 49 or association operating the facility has been approved and has otherwise com- 50 plied with all applicable state and local laws. A juvenile placed in a for- 51 estry camp or similar facility may be required to work on fire prevention, 52 forestation and reforestation, recreational works, forest roads and on other 53 works on or off the grounds of such facility and may be paid wages. 5 1 (9) The department shall establish minimum standards for the operation of 2 all private residential and nonresidential facilities and programs which pro- 3 vide services to juvenile offenders. The standards shall be no more stringent 4 than standards imposed for facilities operated by the department or for deten- 5 tion facilities operated by counties. 6 (10) The department shall assist counties in establishing meaningful pro- 7 grams for juveniles who either have been found to come under the purview of 8 this chapter or who have had their case informally diverted pursuant to sec- 9 tion 20-511, Idaho Code, and who have not been committed to the legal custody 10 of the department. 11 (11) The department shall have authority to adopt such administrative 12 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 13 as are deemed necessary or appropriate for the functioning of the department 14 and the implementation and administration of this act. 15 (12) Subject to any competitive bidding requirements otherwise provided by 16 law, the department shall have authority to enter into contracts with a pri- 17 vate association or organization or other public agency or organization for 18 the inspection and licensure of detention facilities. 19 (13) Subject to any competitive bidding requirements otherwise provided by 20 law, the department shall have authority to enter into contracts with private 21 providers or local governmental agencies for theconfinement or other22permanent or temporary placement of juveniles committed to its custody. 23 (14) The department shall have authority to apply for, receive and expend 24 federal funds, subject to appropriation by the legislature. The department 25 shall have authority to establish guidelines for and administer the distribu- 26 tion of state block grant funds to counties for the employment and training of 27 county probation officers, the establishment of secure and nonsecure residen- 28 tial or nonresidential facilities and programs for juvenile offenders. The 29 department may require that a county provide matching funds as a condition of 30 receiving a block grant. The department, by rule, in cooperation with the 31 courts and the counties, shall establish uniform standards, criteria and oper- 32 ating procedures for county juvenile probation services, as well as qualifica- 33 tions for and standards for the training of juvenile probation officers. 34 (15) All of the powers and duties imposed upon or granted to the director 35 of the department of health and welfare or the board of health and welfare 36 pursuant to chapter 18, title 16, Idaho Code, are hereby transferred to the 37 director of the department of juvenile corrections. The director shall have 38 all such powers and duties as may have been or could have been exercised by 39 his predecessors in law with respect to chapter 18, title 16, Idaho Code, and 40 shall be the successor in law to all contractual obligations entered into by 41 his predecessor in law. 42 SECTION 4. That Section 20-520, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 45 is within the purview of the act, the court shall then hold a sentencing hear- 46 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 47 tence that will promote accountability, competency development and community 48 protection. Prior to the entry of an order disposing of the case, other than 49 an order of discharge or dismissal, the court shall request and shall receive 50 a report containing the results of an inquiry into the home environment, past 51 history, competency development, prevention or out of home placement services 52 provided, and the social, physical and mental condition of the juvenile. The 53 court shall not consider or review the report prior to the entry of an order 6 1 of adjudication. Upon presentation and consideration of the report by the 2 court, the court may proceed to sentence the juvenile as follows: 3 (a) Place the juvenile on formal probation for a period not to exceed 4 three (3) years from the date of the order; 5 (b) Sentence the juvenile to detention pursuant to this act for a period 6 not to exceed thirty (30) days for each act, omission or status which is 7 prohibited by the federal, state, local or municipal law or ordinance by 8 reason of minority only. The sentence shall not be executed unless the 9 act, omission or status is in violation of section 922(x) of title 18, 10 United States Code, or the court finds that the juvenile has violated the 11 court's decree imposing the sentence as provided below. 12 If the court, after notice and hearing, finds that a juvenile has 13 violated the court's decree imposing the sentence under circumstances that 14 brings the violation under the valid court order exception of the federal 15 juvenile justice and delinquency prevention act of 1974, as amended, the 16 court may commit the juvenile to detention for the period of detention 17 previously imposed at sentencing; 18 (c) Commit the juvenile to a period of detention, pursuant to this act, 19 for a period of time not to exceed ninety (90) days for each unlawful or 20 criminal act the juvenile is found to have committed, if the unlawful or 21 criminal act would be a misdemeanor if committed by an adult, or where the 22 juvenile has been adjudicated as an habitual status offender; 23 (d) If the juvenile has committed an unlawful or criminal act which would 24 be a felony if committed by an adult, the court may commit the juvenile to 25 detention for a period not to exceed one hundred eighty (180) days for 26 each unlawful or criminal act; 27 (e) Whenever a court commits a juvenile to a period of detention it shall 28 notify the school district where the detention facility is located. No 29 juvenile who is found to come within the purview of the act for the com- 30 mission of a status offense shall be sentenced to detention in a jail 31 facility unless an adjudication has been made that the juvenile is an 32 habitual status offender; 33 (f) Commit the juvenile to detention and suspend the sentence on specific 34 probationary conditions; 35 (g(h)) The court may suspend or restrict the juvenile's 36 driving privileges for such periods of time as the court deems necessary, 37 and the court may take possession of the juvenile's driver's license. The 38 juvenile may request restricted driving privileges during a period of sus- 39 pension, which the court may allow if the juvenile shows by a preponder- 40 ance of evidence that driving privileges are necessary for his employment 41 or for family health needs; 42 (igh ) The court may order that the juvenile be 43 examined or treated by a physician, surgeon, psychiatrist or psychologist, 44 or that he receive other special care, or that he submit to an alcohol or 45 drug evaluation, if needed, and for such purposes may place the juvenile 46 in a hospital or other suitable facility; 47 (jhi ) In support of an order under the provi- 48 sions of this section, the court may make an additional order setting 49 forth reasonable conditions to be complied with by the parents, the juve- 50 nile, his legal guardian or custodian, or any other person who has been 51 made a party to the proceedings, including, but not limited to, restric- 52 tions on visitation by the parents or one (1) parent, restrictions on the 53 juvenile's associates, occupation and other activities, and requirements 54 to be observed by the parents, guardian or custodian; 55 (kij ) The court may make any other reasonable 7 1 order which is in the best interest of the juvenile or is required for the 2 protection of the public, except that no person under the age of eighteen 3 (18) years may be committed to jail, prison or a secure facility which 4 does not meet the standards set forth in section 20-518, Idaho Code, 5 unless jurisdiction over the individual is in the process of being waived 6 or has been waived pursuant to section 20-508 or 20-509, Idaho Code. The 7 court may combine several of the above-listed modes of disposition where 8 they are compatible; 9 (ljk ) An order under the provisions of this 10 section for probation or placement of a juvenile with an individual or an 11 agency may provide a schedule for review of the case by the court; 12 (kml ) Order the proceeding expanded or altered 13 to include consideration of the cause pursuant to chapter 16, title 16, 14 Idaho Code; 15 (nlm ) Order the case and all documents and 16 records connected therewith transferred to the magistrate division of the 17 district court for the county where the juvenile and/or parents reside if 18 different than the county where the juvenile was charged and found to have 19 committed the unlawful or criminal act, for the entry of a dispositional 20 order; 21 (omn ) Order such other terms, conditions, care 22 or treatment as appears to the court will best serve the interests of the 23 juvenile and the community; 24 (pno ) The court shall assess a ten dollar 25 ($10.00) charge against the juvenile for every petition filed where there 26 has been an adjudication that the juvenile is within the purview of this 27 chapter. All moneys raised pursuant to this subsection shall be trans- 28 mitted by the court for deposit in the juvenile corrections account which 29 is created in section 20-542, Idaho Code; 30 (qop ) Additionally, the court shall assess a 31 fee of sixty cents (60[) per hour of community service against the juve- 32 nile for every petition filed where there has been an adjudication that 33 the juvenile is within the purview of this chapter and the court is order- 34 ing community service. Such fee is to be remitted by the court to the 35 state insurance fund for purposes of providing worker's compensation 36 insurance for persons performing community service pursuant to this chap- 37 ter; 38 (pq ) Commit the juvenile to the legal custody 39 of the department of juvenile corrections for an indeterminate period of 40 time not to exceed the juvenile's twenty-first birthday, unless extended 41 jurisdiction is necessary to complete the competency development and 42 accountability goals of the department; 43 (r) Notwithstanding any other provision of this section, a court may not 44 commit a juvenile offender under the age of ten (10) years to a period of 45 detention or to the custody of the department of juvenile corrections 46 .for placement in secure confinement.47 (2) When an order is entered pursuant to this section, the juvenile shall 48 be transported to the facility or program so designated by the court or the 49 department, as applicable, by the sheriff of the county where the juvenile 50 resides or is committed, or by an appointed agent. When committing a juvenile 51 to the department, or another entity, the court shall at once forward to the 52 department or entity a certified copy of the order of commitment. 53 (3) Unless the court determines that an order of restitution would be 54 inappropriate or undesirable, it shall order the juvenile or his parents or 55 both to pay restitution to or make whole any victim who suffers an economic 8 1 loss as a result of the juvenile's conduct in accordance with the standards 2 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 3 restitution which may be ordered by the court shall not be subject to the lim- 4 itations of section 6-210, Idaho Code. 5 (4) Any parent, legal guardian or custodian violating any order of the 6 court entered against the person under the provisions of this chapter shall be 7 subject to contempt proceedings under the provisions of chapter 6, title 7, 8 Idaho Code. 9 SECTION 5. That Chapter 5, Title 20, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 20-520A, Idaho Code, and to read as follows: 12 20-520A. PLACEMENT OPTIONS -- LIBERTY UNDER SUPERVISION -- CONFINEMENT, 13 RECONFINEMENT, MODIFICATION OF PLACEMENT -- DISCHARGE. When a juvenile 14 offender has been committed to the department of juvenile corrections, it may, 15 after an objective consideration of all available information: 16 (1) Order his confinement in a secure facility; or 17 (2) Order his placement under such other conditions as it believes are 18 best designed to comply with the provisions of this act; or 19 (3) Permit the juvenile offender his liberty under supervision and upon 20 such conditions as it believes further the goal of competency development and 21 are conducive to encouraging law-abiding conduct; or 22 (4) Order reconfinement, or renewed release as often as conditions indi- 23 cate that such action is desirable to fulfill the mandate of this act; or 24 (5) Discharge him from custody of the department with notice as provided 25 herein when it is satisfied that such discharge is consistent with the goals 26 of this act.
STATEMENT OF PURPOSE
RS08388
To amend the Juvenile Corrections Act to remove the limitation on
the department regarding its mission as a "secure facility" agency.
FISCAL IMPACT
There is no fiscal impact from this legislation.
CONTACT
Name: Peggy White
Agency: Department of Juvenile Corrections
Phone: 334-5100, ext. 384
Statement of Purpose/Fiscal Impact H 3