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H0033........................................................by MR. SPEAKER
Requested by Department of Juvenile Corrections
JUVENILES - Amends existing law to provide that the juvenile court may
transfer jurisdiction over a juvenile to the district court if the juvenile
commits an act after age sixteen that would be a crime if committed by an
adult and if the juvenile has experienced a prior commitment to the
Department of Juvenile Corrections.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
H0033|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 33 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-508, IDAHO CODE, TO PRO- 3 VIDE CORRECT NOMENCLATURE AND TO PROVIDE THAT THE JUVENILE COURT MAY 4 TRANSFER JURISDICTION OVER A JUVENILE TO THE DISTRICT COURT IF THE JUVE- 5 NILE COMMITS AN ACT AFTER AGE SIXTEEN WHICH WOULD BE A CRIME IF COMMITTED 6 BY AN ADULT AND HAS A PRIOR COMMITMENT TO THE DEPARTMENT OF JUVENILE COR- 7 RECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 20-508, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-508. WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS. (1) After 12 the filing of a petition and after full investigation and hearing, the court 13 may waive jurisdiction under the juvenile corrections act over the juvenile 14 and order that the juvenile be held for adult criminal proceedings when: 15 (a) A juvenile is alleged to have committed any of the crimes enumerated 16 in section 20-509, Idaho Code; or 17 (b) A juvenile is alleged to have committed an act other than those enu- 18 merated in section 20-509, Idaho Code, after thechild19 juvenile became fourteen (14) years of age which would be a crime 20 if committed by an adult; or 21 (c) A juvenile is alleged to have committed an act other than those 22 enumerated in section 20-509, Idaho Code, after the juvenile became six- 23 teen (16) years of age which would be a crime if committed by an adult and 24 that juvenile has experienced a prior commitment to the department of 25 juvenile corrections; or 26 (d) An adult at the time of the filing of the petition is alleged 27 to have committed an act prior to his having become eighteen (18) years of 28 age which would be a felony if committed by an adult, and the court finds 29 that the adult is not committable to an institution for the mentally defi- 30 cient or mentally ill, is not treatable in any available institution or 31 facility available to the state designed for the care and treatment of 32 juveniles, or that the safety of the community requires the adult continue 33 under restraint; or 34 (de ) An adult already under the jurisdiction of 35 the court is alleged to have committed a crime while an adult. 36 (2) A motion to waive jurisdiction under the juvenile corrections act and 37 prosecute a juvenile under the criminal law may be made by the prosecuting 38 attorney, the juvenile, or by motion of the court upon its own initiative. The 39 motion shall be in writing and contain the grounds and reasons in support 40 thereof. 41 (3) Upon the filing of a motion to waive jurisdiction under the juvenile 42 corrections act, the court shall enter an order setting the motion for hearing 43 at a time and date certain and shall order a full and complete investigation 2 1 of the circumstances of the alleged offense to be conducted by county proba- 2 tion, or such other agency or investigation officer designated by the court. 3 (4) Upon setting the time for the hearing upon the motion to waive juris- 4 diction, the court shall give written notice of said hearing to the juvenile, 5 and the parents, guardian or custodian of the juvenile, and the prosecuting 6 attorney, at least ten (10) days before the date of the hearing, or a lesser 7 period stipulated by the parties, and such notice shall inform the juvenile 8 and the parents, guardian or custodian of the juvenile of their right to court 9 appointed counsel. Service of the notice shall be made in the manner pre- 10 scribed for service of a summons under section 20-512, Idaho Code. 11 (5) The hearing upon the motion to waive jurisdiction shall be held in 12 the same manner as an evidentiary hearing upon the original petition and shall 13 be made part of the record. 14 (6) If as a result of the hearing on the motion to waive jurisdiction the 15 court shall determine that jurisdiction should not be waived, the petition 16 shall be processed in the customary manner as a juvenile corrections act pro- 17 ceeding. However, in the event the court determines, as a result of the hear- 18 ing, that juvenile corrections act jurisdiction should be waived and the juve- 19 nile should be prosecuted under the criminal laws of the state of Idaho, the 20 court shall enter findings of fact and conclusions of law upon which it bases 21 such decision together with a decree waiving juvenile corrections act juris- 22 diction and binding the juvenile over to the authorities for prosecution under 23 the criminal laws of the state of Idaho. 24 (7) No motion to waive juvenile corrections act jurisdiction shall be 25 recognized, considered, or heard by the court in the same case once the court 26 has entered an order or decree in that case that said juvenile has come within 27 the purview of the juvenile corrections act, and all subsequent proceedings 28 after the decree finding the juvenile within the purview of the act must be 29 under and pursuant to the act and not as a criminal proceeding. 30 (8) In considering whether or not to waive juvenile court jurisdiction 31 over the juvenile, the juvenile court shall consider the following factors: 32 (a) The seriousness of the offense and whether the protection of the com- 33 munity requires isolation of the juvenile beyond that afforded by juvenile 34 facilities; 35 (b) Whether the alleged offense was committed in an aggressive, violent, 36 premeditated, or willful manner; 37 (c) Whether the alleged offense was against persons or property, greater 38 weight being given to offenses against persons; 39 (d) The maturity of the juvenile as determined by considerations of his 40 home, environment, emotional attitude, and pattern of living; 41 (e) The juvenile's record and previous history of contacts with the juve- 42 nile corrections system; 43 (f) The likelihood that the juvenile will develop competency and life 44 skills to become a contributing member of the community by use of facili- 45 ties and resources available to the court; 46 (g) The amount of weight to be given to each of the factors listed in 47 subsection (8) of this section is discretionary with the court, and a 48 determination that the juvenile is not a fit and proper subject to be 49 dealt with under the juvenile court law may be based on any one (1) or a 50 combination of the factors set forth above, which shall be recited in the 51 order of waiver. 52 (9) If the court does not waive jurisdiction and order a juvenile or 53 adult held for criminal proceedings, the court in a county other than the 54 juvenile's or adult's home county, after entering a decree that the juvenile 55 or adult is within the purview of this chapter, may certify the case for sen- 3 1 tencing to the court of the county in which the juvenile or adult resides upon 2 being notified that the receiving court is willing to accept transfer. In the 3 event of a transfer, which should be made unless the court finds it contrary 4 to the interest of the juvenile or adult, the jurisdiction of the receiving 5 court shall attach to the same extent as if the court had original jurisdic- 6 tion.
STATEMENT OF PURPOSE
RS08384
The proposed legislation will give the juvenile court judges the
option of waiving jurisdiction over a juvenile who has not taken
advantage of prior treatment opportunities found in multiple
commitments to the Department of Juvenile Corrections, and would
allow the resources of the department to be spent on juveniles more
amenable to treatment and/or rehabilitation.
FISCAL IMPACT
There is no fiscal impact expected because of this proposed
legislation.
CONTACT
Name: Peggy White
Agency: Dept. of Juvenile Corrections
Phone: 334-5100 ext. 384
Statement of Purpose/Fiscal Impact H 3