1999 Legislation
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HOUSE BILL NO. 34 – Juvenile, combine custody, adlt/juv


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H0034........................................................by MR. SPEAKER
              Requested by Department of Juvenile Corrections
JUVENILE OFFENDER - COMBINED CUSTODY - Amends existing law to allow a
juvenile offender to receive a combined sentence to the custody of the
Department of Juvenile Corrections and the adult correction system.

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. 34

                                      BY MR. SPEAKER
                     Requested by: Department of Juvenile Corrections

 1                                        AN ACT

 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        brings 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


 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  (h)  )  The  court  may  suspend or restrict the juvenile's
11        driving privileges for such periods of time as the court deems  necessary,
12        and  the court may take possession of the juvenile's driver's license. The
13        juvenile may request restricted driving privileges during a period of sus-
14        pension, which the court may allow if the juvenile shows by  a  preponder-
15        ance  of evidence that driving privileges are necessary for his employment
16        or for family health needs;
17        ( ig  h )  The court may order that the juvenile  be
18        examined or treated by a physician, surgeon, psychiatrist or psychologist,
19        or  that he receive other special care, or that he submit to an alcohol or
20        drug evaluation, if needed, and for such purposes may place  the  juvenile
21        in a hospital or other suitable facility;
22        (  jh  i )  In support  of an order under the provi-
23        sions of this section, the court may  make  an  additional  order  setting
24        forth  reasonable conditions to be complied with by the parents, the juve-
25        nile, his legal guardian or custodian, or any other person  who  has  been
26        made  a  party to the proceedings, including, but not limited to, restric-
27        tions on visitation by the parents or one (1) parent, restrictions on  the
28        juvenile's  associates,  occupation and other activities, and requirements
29        to be observed by the parents, guardian or custodian;
30        ( ki  j )  The court may make any  other  reasonable
31        order which is in the best interest of the juvenile or is required for the
32        protection  of the public, except that no person under the age of eighteen
33        (18) years may be committed to jail, prison or  a  secure  facility  which
34        does  not  meet  the  standards  set  forth in section 20-518, Idaho Code,
35        unless jurisdiction over the individual is in the process of being  waived
36        or  has  been waived pursuant to section 20-508 or 20-509, Idaho Code. The
37        court may combine several of the above-listed modes of  disposition  where
38        they are compatible;
39        (  lj    k  )  An order under the provisions of this
40        section for probation or placement of a juvenile with an individual or  an
41        agency may provide a schedule for review of the case by the court;
42        (  km  l )  Order the proceeding expanded or altered
43        to include consideration of the cause pursuant to chapter  16,  title  16,
44        Idaho Code;
45        (  nl    m  )  Order  the case and all documents and
46        records connected therewith transferred to the magistrate division of  the
47        district  court for the county where the juvenile and/or parents reside if
48        different than the county where the juvenile was charged and found to have
49        committed the unlawful or criminal act, for the entry of  a  dispositional
50        order;
51        (  om  n )  Order such other terms, conditions, care
52        or treatment as appears to the court will best serve the interests of  the
53        juvenile and the community;
54        (  pn    o  )  The  court  shall assess a ten dollar
55        ($10.00) charge against the juvenile for every petition filed where  there


 1        has  been  an adjudication that the juvenile is within the purview of this
 2        chapter. All moneys raised pursuant to this  subsection  shall  be  trans-
 3        mitted  by the court for deposit in the juvenile corrections account which
 4        is created in section 20-542, Idaho Code;
 5        ( qo  p )  Additionally, the court  shall  assess  a
 6        fee  of  sixty cents (60[) per hour of community service against the juve-
 7        nile for every petition filed where there has been  an  adjudication  that
 8        the juvenile is within the purview of this chapter and the court is order-
 9        ing  community  service.   Such  fee is to be remitted by the court to the
10        state insurance fund  for  purposes  of  providing  worker's  compensation
11        insurance  for persons performing community service pursuant to this chap-
12        ter;
13        ( p  q )  Commit the juvenile to the  legal  custody
14        of  the  department of juvenile corrections for an indeterminate period of
15        time not to exceed the juvenile's twenty-first birthday,  unless  extended
16        jurisdiction  is  necessary  to  complete  the  competency development and
17        accountability goals of the department;
18        (r)   Commit the juvenile to the department of  juvenile  corrections
19        until  he  reaches the age of eighteen (18) years, and also order an adult
20        sentence to a county jail or to the state prison as is provided by law for
21        the offense. The adult sentence shall be suspended pending successful com-
22        pletion of a term of probation, which shall include, but  not  be  limited
23        to,  the  successful  completion  of  the aforementioned commitment to the
24        department of juvenile corrections. Any juvenile receiving  a  combination
25        sentence  shall be under the sole custody and control of the department of
26        juvenile corrections until discharged by the department or until  the  age
27        of  eighteen  (18) years, whichever occurs first, and thereafter under the
28        supervision of the juvenile court probation department until  the  age  of
29        eighteen (18) years and thereafter under the supervision of the adult pro-
30        bation  department; provided however, that in no event shall the aggregate
31        sentence imposed by the combination sentence exceed the maximum adult sen-
32        tence provided by law; or 
33         (s)   Notwithstanding any other provision of this  section,  a
34        court  may  not commit a juvenile offender under the age of ten (10) years
35        to a period of detention or to the custody of the department  of  juvenile
36        corrections for placement in secure confinement.
37        (2)  When an order is entered pursuant to this section, the juvenile shall
38    be  transported  to  the facility or program so designated by the court or the
39    department, as applicable, by the sheriff of the  county  where  the  juvenile
40    resides  or is committed, or by an appointed agent. When committing a juvenile
41    to the department, or another entity, the court shall at once forward  to  the
42    department or entity a certified copy of the order of commitment.
43        (3)  Unless  the  court  determines  that an order of restitution would be
44    inappropriate or undesirable, it shall order the juvenile or  his  parents  or
45    both  to  pay  restitution to or make whole any victim who suffers an economic
46    loss as a result of the juvenile's conduct in accordance  with  the  standards
47    and  requirements  of  sections 19-5304 and 19-5305, Idaho Code. The amount of
48    restitution which may be ordered by the court shall not be subject to the lim-
49    itations of section 6-210, Idaho Code.
50        (4)  Any parent, legal guardian or custodian violating any  order  of  the
51    court entered against the person under the provisions of this chapter shall be
52    subject  to  contempt  proceedings under the provisions of chapter 6, title 7,
53    Idaho Code.

Statement of Purpose / Fiscal Impact

                      STATEMENT  OF  PURPOSE
There is a need to enact "blended sentencing" for juvenile
offenders committing violent crimes at very young ages when they
may not be suitable for initial prosecution as adults.  Blended
sentencing would allow the imposition of juvenile and/or adult
correctional sanctions to cases involving serious and violent
juvenile offenders who have been adjudicated in juvenile court OR
convicted in criminal court.

                          ISCAL  IMPACT
Indirectly, there would be cost savings demonstrated by both the
juvenile and adult correctional systems because there would be a
more effective and efficient use of resources by both systems.

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

Statement of Purpose/Fiscal Impact                             H 3