View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1460................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to provide that a juvenile may be committed
to the legal custody of the Department of Juvenile Corrections for a period
of time not to exceed the juvenile's nineteenth birthday unless the custody
review board determines that extended time in custody is necessary to
address competency development, accountability and community protection; to
provide that no juvenile shall remain in the custody of the Department of
Juvenile Corrections beyond the juvenile's twenty-first birthday; to
provide that the Department of Juvenile Corrections shall adopt rules
implementing the custody review board and operations and procedures of the
board; and to provide that a juvenile offender committed to a secure
facility shall remain until the offender reaches nineteen years of age, is
retained for extended custody or is released or discharged.
02/18 Senate intro - 1st rdg - to printing
02/19 Rpt prt - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
03/01 House intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 54-1-15
AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan),
Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Moyle,
Pearce, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer,
Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Young
NAYS -- Montgomery
Absent and excused -- Barrett, Clark, Crow, Gould, Hornbeck, Jones,
Kendell, Meyer, Mortensen, Pischner, Roberts, Sellman, Smith(23),
Wood, Mr. Speaker
Floor Sponsor - Field(13)
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/26 Governor signed
Session Law Chapter 309
Effective: 01/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1460
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-520, IDAHO CODE,
3 TO PROVIDE THAT A COURT MAY COMMIT A JUVENILE TO THE LEGAL CUSTODY OF THE
4 DEPARTMENT OF JUVENILE CORRECTIONS FOR A PERIOD OF TIME NOT TO EXCEED THE
5 JUVENILE'S NINETEENTH BIRTHDAY UNLESS THE CUSTODY REVIEW BOARD DETERMINES
6 THAT EXTENDED TIME IN CUSTODY IS NECESSARY TO ADDRESS COMPETENCY DEVELOP-
7 MENT, ACCOUNTABILITY AND COMMUNITY PROTECTION, TO PROVIDE THAT NO JUVENILE
8 SHALL REMAIN IN THE CUSTODY OF THE DEPARTMENT BEYOND THE JUVENILE'S
9 TWENTY-FIRST BIRTHDAY AND TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES
10 IMPLEMENTING THE CUSTODY REVIEW BOARD AND THE OPERATIONS AND PROCEDURES OF
11 THE BOARD; AMENDING SECTION 20-532, IDAHO CODE, TO PROVIDE THAT A JUVENILE
12 OFFENDER COMMITTED TO A SECURE FACILITY SHALL REMAIN UNTIL THE OFFENDER
13 REACHES NINETEEN YEARS OF AGE, IS RETAINED FOR EXTENDED CUSTODY OR IS
14 RELEASED OR DISCHARGED AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING
15 AN EFFECTIVE DATE.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile
20 is within the purview of the act, the court shall then hold a sentencing hear-
21 ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
22 tence that will promote accountability, competency development and community
23 protection. Prior to the entry of an order disposing of the case, other than
24 an order of discharge or dismissal, the court shall request and shall receive
25 a report containing the results of an inquiry into the home environment, past
26 history, competency development, prevention or out of home placement services
27 provided, and the social, physical and mental condition of the juvenile. The
28 court shall not consider or review the report prior to the entry of an order
29 of adjudication. Upon presentation and consideration of the report by the
30 court, the court may proceed to sentence the juvenile as follows:
31 (a) Place the juvenile on formal probation for a period not to exceed
32 three (3) years from the date of the order, except the court may place a
33 juvenile on formal probation for a period not to exceed the juvenile's
34 twenty-first birthday if the court finds that the juvenile has committed a
35 crime of a sexual nature;
36 (b) Sentence the juvenile to detention pursuant to this act for a period
37 not to exceed thirty (30) days for each act, omission or status which is
38 prohibited by the federal, state, local or municipal law or ordinance by
39 reason of minority only. The sentence shall not be executed unless the
40 act, omission or status is in violation of section 922(x) of title 18,
41 United States Code, or the court finds that the juvenile has violated the
42 court's decree imposing the sentence as provided below.
43 If the court, after notice and hearing, finds that a juvenile has
2
1 violated the court's decree imposing the sentence under circumstances that
2 bring the violation under the valid court order exception of the federal
3 juvenile justice and delinquency prevention act of 1974, as amended, the
4 court may commit the juvenile to detention for the period of detention
5 previously imposed at sentencing;
6 (c) Commit the juvenile to a period of detention, pursuant to this act,
7 for a period of time not to exceed ninety (90) days for each unlawful or
8 criminal act the juvenile is found to have committed, if the unlawful or
9 criminal act would be a misdemeanor if committed by an adult, or where the
10 juvenile has been adjudicated as an habitual status offender;
11 (d) If the juvenile has committed an unlawful or criminal act which would
12 be a felony if committed by an adult, the court may commit the juvenile to
13 detention for a period not to exceed one hundred eighty (180) days for
14 each unlawful or criminal act;
15 (e) Whenever a court commits a juvenile to a period of detention it shall
16 notify the school district where the detention facility is located. No
17 juvenile who is found to come within the purview of the act for the com-
18 mission of a status offense shall be sentenced to detention in a jail
19 facility unless an adjudication has been made that the juvenile is an
20 habitual status offender;
21 (f) Commit the juvenile to detention and suspend the sentence on specific
22 probationary conditions;
23 (g) The court may suspend or restrict the juvenile's driving privileges
24 for such periods of time as the court deems necessary, and the court may
25 take possession of the juvenile's driver's license. The juvenile may
26 request restricted driving privileges during a period of suspension, which
27 the court may allow if the juvenile shows by a preponderance of evidence
28 that driving privileges are necessary for his employment or for family
29 health needs;
30 (h) The court may order that the juvenile be examined or treated by a
31 physician, surgeon, psychiatrist or psychologist, or that he receive other
32 special care, or that he submit to an alcohol or drug evaluation, if
33 needed, and for such purposes may place the juvenile in a hospital or
34 other suitable facility;
35 (i) In support of an order under the provisions of this section, the
36 court may make an additional order setting forth reasonable conditions to
37 be complied with by the parents, the juvenile, his legal guardian or cus-
38 todian, or any other person who has been made a party to the proceedings,
39 including, but not limited to, restrictions on visitation by the parents
40 or one (1) parent, restrictions on the juvenile's associates, occupation
41 and other activities, and requirements to be observed by the parents,
42 guardian or custodian;
43 (j) The court may make any other reasonable order which is in the best
44 interest of the juvenile or is required for the protection of the public,
45 except that no person under the age of eighteen (18) years may be commit-
46 ted to jail, prison or a secure facility which does not meet the standards
47 set forth in section 20-518, Idaho Code, unless jurisdiction over the
48 individual is in the process of being waived or has been waived pursuant
49 to section 20-508 or 20-509, Idaho Code. The court may combine several of
50 the above-listed modes of disposition where they are compatible;
51 (k) An order under the provisions of this section for probation or place-
52 ment of a juvenile with an individual or an agency may provide a schedule
53 for review of the case by the court;
54 (l) Order the proceeding expanded or altered to include consideration of
55 the cause pursuant to chapter 16, title 16, Idaho Code;
3
1 (m) Order the case and all documents and records connected therewith
2 transferred to the magistrate division of the district court for the
3 county where the juvenile and/or parents reside if different than the
4 county where the juvenile was charged and found to have committed the
5 unlawful or criminal act, for the entry of a dispositional order;
6 (n) Order such other terms, conditions, care or treatment as appears to
7 the court will best serve the interests of the juvenile and the community;
8 (o) The court shall assess a twenty dollar ($20.00) detention/probation
9 training academy fee against the juvenile for every petition filed where
10 there has been an adjudication that the juvenile is within the purview of
11 this chapter. All moneys raised pursuant to this subsection shall be
12 transmitted by the court for deposit in the juvenile corrections fund
13 which is created in section 20-542, Idaho Code;
14 (p) Additionally, the court shall assess a fee of sixty cents (60) per
15 hour of community service against the juvenile for every petition filed
16 where there has been an adjudication that the juvenile is within the pur-
17 view of this chapter and the court is ordering community service. Such
18 fee is to be remitted by the court to the state insurance fund for pur-
19 poses of providing worker's compensation insurance for persons performing
20 community service pursuant to this chapter;
21 (q) Commit the juvenile to the legal custody of the department of juve-
22 nile corrections for an indeterminate period of time not to exceed the
23 juvenile's twenty-first nineteenth birthday, unless, in the opinion of the
24 custody review board, extended jurisdiction time in custody is necessary
25 to complete the address competency development, and accountability, goals
26 of the and community protection; provided however, that no juvenile shall
27 remain in the custody of the department beyond the juvenile's twenty-first
28 birthday. The department shall adopt rules implementing the custody review
29 board and the operations and procedures of such board;
30 (r) Notwithstanding any other provision of this section, a court may not
31 commit a juvenile offender under the age of ten (10) years to a period of
32 detention or to the custody of the department of juvenile corrections for
33 placement in secure confinement.
34 (2) When an order is entered pursuant to this section, the juvenile shall
35 be transported to the facility or program so designated by the court or the
36 department, as applicable, by the sheriff of the county where the juvenile
37 resides or is committed, or by an appointed agent. When committing a juvenile
38 to the department, or another entity, the court shall at once forward to the
39 department or entity a certified copy of the order of commitment.
40 (3) Unless the court determines that an order of restitution would be
41 inappropriate or undesirable, it shall order the juvenile or his parents or
42 both to pay restitution to or make whole any victim who suffers an economic
43 loss as a result of the juvenile's conduct in accordance with the standards
44 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of
45 restitution which may be ordered by the court shall not be subject to the lim-
46 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
47 prior to any other court-ordered payments unless the court specifically orders
48 otherwise.
49 (4) Any parent, legal guardian or custodian violating any order of the
50 court entered against the person under the provisions of this chapter shall be
51 subject to contempt proceedings under the provisions of chapter 6, title 7,
52 Idaho Code.
53 SECTION 2. That Section 20-532, Idaho Code, be, and the same is hereby
54 amended to read as follows:
4
1 20-532. TERM OF COMMITMENT -- REVIEW AFTER COMMITMENT. A juvenile
2 offender committed to a secure facility shall remain until the offender
3 reaches age twenty-one nineteen (219) years of age, is retained for extended
4 custody pursuant to section 20-520(1)(q), Idaho Code, or is released or dis-
5 charged. A juvenile offender committed to a secure facility shall appear
6 before the department within ninety (90) days after commitment, for review of
7 treatment plans.
8 SECTION 3. This act shall be in full force and effect on and after Janu-
9 ary 1, 2003.
STATEMENT OF PURPOSE
RS 12102
Current law allows commitment of juvenile offenders to the Idaho
Department of Juvenile Corrections for an indeterminate period of
time not to exceed age 21. The department also receives committed
juveniles as young as 10 years old. Experience has shown that it
is very difficult to find placements for the 18-20 year-old age
group. Treatment is much less effective at that age and often very
hard to find. This bill proposes two things first, to reduce the
maximum age for commitment to age nineteen. However, there are
concerns that some juveniles in this population and who are still
in state custody may present a greater risk to community safety
than others. Second, this bill proposes creation of a custody
review board to better handle the 19-20 year old population.
Juveniles still in custody at nineteen, and who might need
additional review of their progress can be brought to the Custody
Review Board. If the Custody Review Board decides that it is
appropriate the juvenile may stay in custody beyond nineteen but
no longer than age twenty-one.
FISCAL STATEMENT
There are currently 11 boys and 2 girls in custody of the Idaho
Department of Juvenile Corrections 19-20 years of age. If age 19
becomes the maximum age for confinement with oversight by the
Custody Review Board DJC, estimates show that between 6-9 fewer
juveniles would be in custody per year. 6 to 9 fewer juveniles per
year would eventually result in a saving of between $360,000 and
$540,000 based on an allocated cost per day per juvenile of $164
in Contract Providers. It will be several years before the full
positive fiscal impact is felt, but it takes steps in the right
direction.
Contact
Name: Brent Reinke, Dept. of Juvenile Corrections
Phone: (208) 334-5100
STATEMENT OF PURPOSE/FISCAL NOTE S 1460