1999 Legislation
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HOUSE BILL NO. 32 – Juvenile offenders, placement optns


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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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 32

                                      BY MR. SPEAKER
                     Requested by: Department of Juvenile Corrections

 1                                        AN ACT

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


 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 's  
48    offender's  development of competency and life skills by  expanding  the
49    juvenile's access to applicable programs and community resources.
50        (  3  4 )  Hold juvenile s   offend-
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        (  4   5 )  Invoke the participation of the juvenile
55    offender's parent or legal guardian in assisting the juvenile to recognize and


 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        (  5   6 )  Develop efficient and effective juvenile
 7    correctional programs within the framework of professional correctional  stan-
 8    dards, legislative intent and available resources.
 9        (  6  7 )  Provide for a diversity of innovative and
10    effective programs through research on delinquent behavior and the  continuous
11    evaluation of correctional programs.
12        (  7   8 )  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        ( 8  9 )  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        ( 9  10 ) 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.


 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
 3     for confinement in a secure facility  following 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:

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 administer  all secure resi-
36    dential facilities including  all 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.


 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 the  confinement or other
22     permanent 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


 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        ( ig  h )  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        (  jh  i )  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        ( ki  j )  The court may make any  other  reasonable


 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        (  lj    k  )  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        (  km  l )  Order the proceeding expanded or altered
13        to include consideration of the cause pursuant to chapter  16,  title  16,
14        Idaho Code;
15        (  nl    m  )  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        (  om  n )  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        (  pn    o  )  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        ( qo  p )  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        ( p  q )  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


 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:

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 / Fiscal Impact

                      STATEMENT  OF  PURPOSE
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.

Name:     Peggy White
Agency:   Department of Juvenile Corrections
Phone:    334-5100, ext. 384

Statement of Purpose/Fiscal Impact                             H 3