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H0623................................by JUDICIARY, RULES AND ADMINISTRATION JUVENILES - RESTITUTION - Amends existing law to provide that restitution ordered at the sentencing of a juvenile shall be paid prior to other court-ordered payments unless the court directs otherwise. 02/18 House intro - 1st rdg - to printing 02/21 Rpt prt - to Jud 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 64-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Lake, Linford, Loertscher, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Crow, Kendell, Mader, Marley, Ridinger, Wheeler Floor Sponsor - Moss Title apvd - to Senate 03/07 Senate intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 29-0-6 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Danielson, Geddes, McLaughlin, Parry, Sorensen, Thorne Floor Sponsor - Richardson Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/17 Governor signed Session Law Chapter 466 Effective: 07/01/00
H0623|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 623 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO RESTITUTION ORDERED AT THE SENTENCING OF A JUVENILE; AMENDING SEC- 3 TION 20-520, IDAHO CODE, TO PROVIDE THAT RESTITUTION ORDERED BY A COURT 4 SHALL BE PAID PRIOR TO OTHER COURT-ORDERED PAYMENTS UNLESS THE COURT 5 DIRECTS OTHERWISE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 10 is within the purview of the act, the court shall then hold a sentencing hear- 11 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 12 tence that will promote accountability, competency development and community 13 protection. Prior to the entry of an order disposing of the case, other than 14 an order of discharge or dismissal, the court shall request and shall receive 15 a report containing the results of an inquiry into the home environment, past 16 history, competency development, prevention or out of home placement services 17 provided, and the social, physical and mental condition of the juvenile. The 18 court shall not consider or review the report prior to the entry of an order 19 of adjudication. Upon presentation and consideration of the report by the 20 court, the court may proceed to sentence the juvenile as follows: 21 (a) Place the juvenile on formal probation for a period not to exceed 22 three (3) years from the date of the order; 23 (b) Sentence the juvenile to detention pursuant to this act for a period 24 not to exceed thirty (30) days for each act, omission or status which is 25 prohibited by the federal, state, local or municipal law or ordinance by 26 reason of minority only. The sentence shall not be executed unless the 27 act, omission or status is in violation of section 922(x) of title 18, 28 United States Code, or the court finds that the juvenile has violated the 29 court's decree imposing the sentence as provided below. 30 If the court, after notice and hearing, finds that a juvenile has 31 violated the court's decree imposing the sentence under circumstances that 32 bring the violation under the valid court order exception of the federal 33 juvenile justice and delinquency prevention act of 1974, as amended, the 34 court may commit the juvenile to detention for the period of detention 35 previously imposed at sentencing; 36 (c) Commit the juvenile to a period of detention, pursuant to this act, 37 for a period of time not to exceed ninety (90) days for each unlawful or 38 criminal act the juvenile is found to have committed, if the unlawful or 39 criminal act would be a misdemeanor if committed by an adult, or where the 40 juvenile has been adjudicated as an habitual status offender; 41 (d) If the juvenile has committed an unlawful or criminal act which would 42 be a felony if committed by an adult, the court may commit the juvenile to 43 detention for a period not to exceed one hundred eighty (180) days for 2 1 each unlawful or criminal act; 2 (e) Whenever a court commits a juvenile to a period of detention it shall 3 notify the school district where the detention facility is located. No 4 juvenile who is found to come within the purview of the act for the com- 5 mission of a status offense shall be sentenced to detention in a jail 6 facility unless an adjudication has been made that the juvenile is an 7 habitual status offender; 8 (f) Commit the juvenile to detention and suspend the sentence on specific 9 probationary conditions; 10 (g) The court may suspend or restrict the juvenile's driving privileges 11 for such periods of time as the court deems necessary, and the court may 12 take possession of the juvenile's driver's license. The juvenile may 13 request restricted driving privileges during a period of suspension, which 14 the court may allow if the juvenile shows by a preponderance of evidence 15 that driving privileges are necessary for his employment or for family 16 health needs; 17 (h) The court may order that the juvenile be examined or treated by a 18 physician, surgeon, psychiatrist or psychologist, or that he receive other 19 special care, or that he submit to an alcohol or drug evaluation, if 20 needed, and for such purposes may place the juvenile in a hospital or 21 other suitable facility; 22 (i) In support of an order under the provisions of this section, the 23 court may make an additional order setting forth reasonable conditions to 24 be complied with by the parents, the juvenile, his legal guardian or cus- 25 todian, or any other person who has been made a party to the proceedings, 26 including, but not limited to, restrictions on visitation by the parents 27 or one (1) parent, restrictions on the juvenile's associates, occupation 28 and other activities, and requirements to be observed by the parents, 29 guardian or custodian; 30 (j) The court may make any other reasonable order which is in the best 31 interest of the juvenile or is required for the protection of the public, 32 except that no person under the age of eighteen (18) years may be commit- 33 ted to jail, prison or a secure facility which does not meet the standards 34 set forth in section 20-518, Idaho Code, unless jurisdiction over the 35 individual is in the process of being waived or has been waived pursuant 36 to section 20-508 or 20-509, Idaho Code. The court may combine several of 37 the above-listed modes of disposition where they are compatible; 38 (k) An order under the provisions of this section for probation or place- 39 ment of a juvenile with an individual or an agency may provide a schedule 40 for review of the case by the court; 41 (l) Order the proceeding expanded or altered to include consideration of 42 the cause pursuant to chapter 16, title 16, Idaho Code; 43 (m) Order the case and all documents and records connected therewith 44 transferred to the magistrate division of the district court for the 45 county where the juvenile and/or parents reside if different than the 46 county where the juvenile was charged and found to have committed the 47 unlawful or criminal act, for the entry of a dispositional order; 48 (n) Order such other terms, conditions, care or treatment as appears to 49 the court will best serve the interests of the juvenile and the community; 50 (o) The court shall assess a twenty dollar ($20.00) charge against the 51 juvenile for every petition filed where there has been an adjudication 52 that the juvenile is within the purview of this chapter. All moneys raised 53 pursuant to this subsection shall be transmitted by the court for deposit 54 in the juvenile corrections account which is created in section 20-542, 55 Idaho Code; 3 1 (p) Additionally, the court shall assess a fee of sixty cents (60) per 2 hour of community service against the juvenile for every petition filed 3 where there has been an adjudication that the juvenile is within the pur- 4 view of this chapter and the court is ordering community service. Such 5 fee is to be remitted by the court to the state insurance fund for pur- 6 poses of providing worker's compensation insurance for persons performing 7 community service pursuant to this chapter; 8 (q) Commit the juvenile to the legal custody of the department of juve- 9 nile corrections for an indeterminate period of time not to exceed the 10 juvenile's twenty-first birthday, unless extended jurisdiction is neces- 11 sary to complete the competency development and accountability goals of 12 the department; 13 (r) Notwithstanding any other provision of this section, a court may not 14 commit a juvenile offender under the age of ten (10) years to a period of 15 detention or to the custody of the department of juvenile corrections for 16 placement in secure confinement. 17 (2) When an order is entered pursuant to this section, the juvenile shall 18 be transported to the facility or program so designated by the court or the 19 department, as applicable, by the sheriff of the county where the juvenile 20 resides or is committed, or by an appointed agent. When committing a juvenile 21 to the department, or another entity, the court shall at once forward to the 22 department or entity a certified copy of the order of commitment. 23 (3) Unless the court determines that an order of restitution would be 24 inappropriate or undesirable, it shall order the juvenile or his parents or 25 both to pay restitution to or make whole any victim who suffers an economic 26 loss as a result of the juvenile's conduct in accordance with the standards 27 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 28 restitution which may be ordered by the court shall not be subject to the lim- 29 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 30 prior to any other court-ordered payments unless the court specifically orders 31 otherwise. 32 (4) Any parent, legal guardian or custodian violating any order of the 33 court entered against the person under the provisions of this chapter shall be 34 subject to contempt proceedings under the provisions of chapter 6, title 7, 35 Idaho Code.
STATEMENT OF PURPOSE RS09933 This bill amends section 20-520(r)(3), Idaho Code, which requires juvenile offenders or their parents to pay victim restitution in proper cases, to provide that victim restitution shall have a first priority over other payments ordered at sentencing unless the court directs otherwise. Section 19-5302, Idaho Code, establishes a priority for satisfying victim restitution ordered in criminal cases, but a statutory priority has not been created for restitution ordered in juvenile cases. An equivalent provision should be added to Idaho Code 20-520(r)(3) to provide that court ordered restitution shall be paid prior to any other court ordered payments, except a judge would have the discretion to require that other court ordered payments be paid prior to or simultaneously with victim restitution in an appropriate case. FISCAL NOTE No impact to state or local funds is anticipated. CONTACT: Representative Tom Moss (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 623