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H0020........................................................by MR. SPEAKER
Requested by: Department of Juvenile Corrections
JUVENILE CORRECTIONS - Amends existing law to provide that the petition fee
assessed against juveniles adjudicated in juvenile court shall be named the
"Detention/Probation Training Academy Fee"; and to change the name of the
"Juvenile Corrections Account" to the "Juvenile Corrections Fund."
01/08 House intro - 1st rdg - to printing
Rpt prt - to Jud
01/16 Rpt out - rec d/p - to 2nd rdg
01/17 2nd rdg - to 3rd rdg
01/18 3rd rdg - PASSED - 68-1-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black Boe, Bolz,
Bruneel, Callister, Campbell, Chase, Clark Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner Pomeroy, Raybould, Ridinger, Roberts, Robison,
Schaefer Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- Bradford
Absent and excused -- Sali
Floor Sponsor - Roberts
Title apvd - to Senate
01/19 Senate intro - 1st rdg - to Jud
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 33-0-1(1 vacant)
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Risch
Vacant -- Dist. #4
Floor Sponsor -- King-Barrutia
Title apvd - to House
02/07 To enrol
02/08 Rpt enrol - Sp signed
02/09 Pres signed
02/12 To Governor
02/16 Governor signed
Session Law Chapter 15
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 20 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-520, IDAHO CODE, 3 TO PROVIDE A NAME FOR THE PETITION FEE ASSESSED AGAINST JUVENILES ADJUDI- 4 CATED IN JUVENILE COURT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 5 TION 20-522, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC- 6 TION 20-542, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 11 is within the purview of the act, the court shall then hold a sentencing hear- 12 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 13 tence that will promote accountability, competency development and community 14 protection. Prior to the entry of an order disposing of the case, other than 15 an order of discharge or dismissal, the court shall request and shall receive 16 a report containing the results of an inquiry into the home environment, past 17 history, competency development, prevention or out of home placement services 18 provided, and the social, physical and mental condition of the juvenile. The 19 court shall not consider or review the report prior to the entry of an order 20 of adjudication. Upon presentation and consideration of the report by the 21 court, the court may proceed to sentence the juvenile as follows: 22 (a) Place the juvenile on formal probation for a period not to exceed 23 three (3) years from the date of the order, except the court may place a 24 juvenile on formal probation for a period not to exceed the juvenile's 25 twenty-first birthday if the court finds that the juvenile has committed a 26 crime of a sexual nature; 27 (b) Sentence the juvenile to detention pursuant to this act for a period 28 not to exceed thirty (30) days for each act, omission or status which is 29 prohibited by the federal, state, local or municipal law or ordinance by 30 reason of minority only. The sentence shall not be executed unless the 31 act, omission or status is in violation of section 922(x) of title 18, 32 United States Code, or the court finds that the juvenile has violated the 33 court's decree imposing the sentence as provided below. 34 If the court, after notice and hearing, finds that a juvenile has 35 violated the court's decree imposing the sentence under circumstances that 36 bring the violation under the valid court order exception of the federal 37 juvenile justice and delinquency prevention act of 1974, as amended, the 38 court may commit the juvenile to detention for the period of detention 39 previously imposed at sentencing; 40 (c) Commit the juvenile to a period of detention, pursuant to this act, 41 for a period of time not to exceed ninety (90) days for each unlawful or 42 criminal act the juvenile is found to have committed, if the unlawful or 43 criminal act would be a misdemeanor if committed by an adult, or where the 2 1 juvenile has been adjudicated as an habitual status offender; 2 (d) If the juvenile has committed an unlawful or criminal act which would 3 be a felony if committed by an adult, the court may commit the juvenile to 4 detention for a period not to exceed one hundred eighty (180) days for 5 each unlawful or criminal act; 6 (e) Whenever a court commits a juvenile to a period of detention it shall 7 notify the school district where the detention facility is located. No 8 juvenile who is found to come within the purview of the act for the com- 9 mission of a status offense shall be sentenced to detention in a jail 10 facility unless an adjudication has been made that the juvenile is an 11 habitual status offender; 12 (f) Commit the juvenile to detention and suspend the sentence on specific 13 probationary conditions; 14 (g) The court may suspend or restrict the juvenile's driving privileges 15 for such periods of time as the court deems necessary, and the court may 16 take possession of the juvenile's driver's license. The juvenile may 17 request restricted driving privileges during a period of suspension, which 18 the court may allow if the juvenile shows by a preponderance of evidence 19 that driving privileges are necessary for his employment or for family 20 health needs; 21 (h) The court may order that the juvenile be examined or treated by a 22 physician, surgeon, psychiatrist or psychologist, or that he receive other 23 special care, or that he submit to an alcohol or drug evaluation, if 24 needed, and for such purposes may place the juvenile in a hospital or 25 other suitable facility; 26 (i) In support of an order under the provisions of this section, the 27 court may make an additional order setting forth reasonable conditions to 28 be complied with by the parents, the juvenile, his legal guardian or cus- 29 todian, or any other person who has been made a party to the proceedings, 30 including, but not limited to, restrictions on visitation by the parents 31 or one (1) parent, restrictions on the juvenile's associates, occupation 32 and other activities, and requirements to be observed by the parents, 33 guardian or custodian; 34 (j) The court may make any other reasonable order which is in the best 35 interest of the juvenile or is required for the protection of the public, 36 except that no person under the age of eighteen (18) years may be commit- 37 ted to jail, prison or a secure facility which does not meet the standards 38 set forth in section 20-518, Idaho Code, unless jurisdiction over the 39 individual is in the process of being waived or has been waived pursuant 40 to section 20-508 or 20-509, Idaho Code. The court may combine several of 41 the above-listed modes of disposition where they are compatible; 42 (k) An order under the provisions of this section for probation or place- 43 ment of a juvenile with an individual or an agency may provide a schedule 44 for review of the case by the court; 45 (l) Order the proceeding expanded or altered to include consideration of 46 the cause pursuant to chapter 16, title 16, Idaho Code; 47 (m) Order the case and all documents and records connected therewith 48 transferred to the magistrate division of the district court for the 49 county where the juvenile and/or parents reside if different than the 50 county where the juvenile was charged and found to have committed the 51 unlawful or criminal act, for the entry of a dispositional order; 52 (n) Order such other terms, conditions, care or treatment as appears to 53 the court will best serve the interests of the juvenile and the community; 54 (o) The court shall assess a twenty dollar ($20.00)charge55 detention/probation training academy fee against the juvenile for every 3 1 petition filed where there has been an adjudication that the juvenile is 2 within the purview of this chapter. All moneys raised pursuant to this 3 subsection shall be transmitted by the court for deposit in the juvenile 4 correctionsaccountfund which is created in section 20-542, Idaho Code; 5 (p) Additionally, the court shall assess a fee of sixty cents (60) per 6 hour of community service against the juvenile for every petition filed 7 where there has been an adjudication that the juvenile is within the pur- 8 view of this chapter and the court is ordering community service. Such 9 fee is to be remitted by the court to the state insurance fund for pur- 10 poses of providing worker's compensation insurance for persons performing 11 community service pursuant to this chapter; 12 (q) Commit the juvenile to the legal custody of the department of juve- 13 nile corrections for an indeterminate period of time not to exceed the 14 juvenile's twenty-first birthday, unless extended jurisdiction is neces- 15 sary to complete the competency development and accountability goals of 16 the department; 17 (r) Notwithstanding any other provision of this section, a court may not 18 commit a juvenile offender under the age of ten (10) years to a period of 19 detention or to the custody of the department of juvenile corrections for 20 placement in secure confinement. 21 (2) When an order is entered pursuant to this section, the juvenile shall 22 be transported to the facility or program so designated by the court or the 23 department, as applicable, by the sheriff of the county where the juvenile 24 resides or is committed, or by an appointed agent. When committing a juvenile 25 to the department, or another entity, the court shall at once forward to the 26 department or entity a certified copy of the order of commitment. 27 (3) Unless the court determines that an order of restitution would be 28 inappropriate or undesirable, it shall order the juvenile or his parents or 29 both to pay restitution to or make whole any victim who suffers an economic 30 loss as a result of the juvenile's conduct in accordance with the standards 31 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 32 restitution which may be ordered by the court shall not be subject to the lim- 33 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 34 prior to any other court-ordered payments unless the court specifically orders 35 otherwise. 36 (4) Any parent, legal guardian or custodian violating any order of the 37 court entered against the person under the provisions of this chapter shall be 38 subject to contempt proceedings under the provisions of chapter 6, title 7, 39 Idaho Code. 40 SECTION 2. That Section 20-522, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 20-522. JURISDICTION OVER PARENTS. Whenever a juvenile is found to come 43 under the purview of this chapter, the court shall have jurisdiction and 44 authority to have the juvenile and the juvenile's parent(s), legal guardian or 45 custodian sign a probationary contract with the court containing terms and 46 conditions that the juvenile and the juvenile's parent(s), legal guardian or 47 custodian must adhere to as a condition of the juvenile's probation. The pro- 48 bationary contract may provide that upon a violation or breach of the terms 49 and conditions of the probationary contract, the juvenile's parent(s), legal 50 guardian or custodian shall be liable to the court for a specific monetary sum 51 not in excess of one thousand dollars ($1,000) for the breach of contract. All 52 such moneys shall be payable to the court and shall be in addition to any 53 other fines, penalties or other sanctions provided by law. Any moneys received 4 1 by the court pursuant to this section shall be paid into the juvenile correc- 2 tionsaccountfund created in section 20-542, Idaho Code. In lieu of or in 3 addition to a monetary payment, the court may order that the parent(s), legal 4 guardian or custodian attend parenting classes or undergo other treatment or 5 counseling. Any person violating any order of the court entered under the pro- 6 visions of this section shall be subject to contempt proceedings under the 7 provisions of chapter 6, title 7, Idaho Code. 8 SECTION 3. That Section 20-542, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 20-542. JUVENILE CORRECTIONSACCOUNTFUND -- CREATION. There is hereby 11 created in the state treasury, the juvenile correctionsaccountfund. Moneys 12 in theaccountfund shall be utilized by the department for construction and 13 administration of facilities under the jurisdiction of the department of juve- 14 nile corrections, for assistance to a county or series of counties in con- 15 structing, contracting for or administering detention facilities for juve- 16 niles, to coordinate training for juvenile detention officers and/or juvenile 17 probation officers, and for alternative programs designed to help juveniles 18 avoid the traditional juvenile corrections system. All moneys in theaccount19 fund may be expended only pursuant to appropriation by the legislature.
STATEMENT OF PURPOSE
RS 10527
The purpose of this proposal is to amend 20-520(1)(o) of
the Juvenile Corrections Act to simply give a name to the
$20 petition fee already charged against juveniles adjudicated
in juvenile court, and call it the "Detention/Probation
Training Academy Fee. "The reason is to promote awareness of
the training programs, which are new, and the importance
of collecting that fee.
FISCAL IMPACT
There is no fiscal impact since this proposal simply gives a
name to a fee that is already charged against juveniles
adjudicated in juvenile court.
CONTACT
Name: Brent D. Reinke
Agency: Department of Juvenile Corrections
Phone: 334-5100, extension 254
STATEMENT OF PURPOSE/FISCAL IMPACT Bill No. H20