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H0232................................by JUDICIARY, RULES AND ADMINISTRATION JUVENILES - SENTENCING - Amends existing law to allow a juvenile offender to receive a combined sentence to the custody of the Department of Juvenile Corrections and to the Department of Correction. 02/12 House intro - 1st rdg - to printing 02/15 Rpt prt - to Jud
H0232|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 232 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-520, IDAHO CODE, TO 3 ALLOW A JUVENILE OFFENDER TO RECEIVE A COMBINED SENTENCE TO THE CUSTODY OF 4 THE DEPARTMENT OF JUVENILE CORRECTIONS AND TO THE DEPARTMENT OF CORRECTION 5 AND TO MAKE TECHNICAL CORRECTIONS. 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 bringsthe violation under the valid court order exception of 33 the federal juvenile justice and delinquency prevention act of 1974, as 34 amended, the court may commit the juvenile to detention for the period of 35 detention 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 (hg ) The court may suspend or restrict the 11 juvenile's driving privileges for such periods of time as the court deems 12 necessary, and the court may take possession of the juvenile's driver's 13 license. The juvenile may request restricted driving privileges during a 14 period of suspension, which the court may allow if the juvenile shows by a 15 preponderance of evidence that driving privileges are necessary for his 16 employment or for family health needs; 17 (igh ) 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 (jhi ) 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 (kij ) 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 (ljk ) 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 (kml ) Order the proceeding expanded or altered 43 to include consideration of the cause pursuant to chapter 16, title 16, 44 Idaho Code; 45 (nlm ) 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 (omn ) 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 (pno ) The court shall assess a ten dollar 55 ($10.00) charge against the juvenile for every petition filed where there 3 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 (qop ) 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 (pq ) 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 the state prison as is provided by law for the offense. The 21 adult sentence shall be suspended pending successful completion of a term 22 of probation, which shall include, but not be limited to, the successful 23 completion of the aforementioned commitment to the department of juvenile 24 corrections. Any juvenile receiving a combination sentence shall be under 25 the sole custody and control of the department of juvenile corrections 26 unless or until discharged by the department or until the age of eighteen 27 (18) years, whichever occurs first, and thereafter under the supervision 28 of the juvenile court probation department until the age of eighteen (18) 29 years and thereafter by the adult probation department; provided however, 30 that in no event shall the aggregate sentence imposed in the combination 31 sentence exceed the maximum adult sentence provided by law; or 32 (s) Notwithstanding any other provision of this section, a court 33 may not commit a juvenile offender under the age of ten (10) years to a 34 period of detention or to the custody of the department of juvenile cor- 35 rections for placement in secure confinement. 36 (2) When an order is entered pursuant to this section, the juvenile shall 37 be transported to the facility or program so designated by the court or the 38 department, as applicable, by the sheriff of the county where the juvenile 39 resides or is committed, or by an appointed agent. When committing a juvenile 40 to the department, or another entity, the court shall at once forward to the 41 department or entity a certified copy of the order of commitment. 42 (3) Unless the court determines that an order of restitution would be 43 inappropriate or undesirable, it shall order the juvenile or his parents or 44 both to pay restitution to or make whole any victim who suffers an economic 45 loss as a result of the juvenile's conduct in accordance with the standards 46 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 47 restitution which may be ordered by the court shall not be subject to the lim- 48 itations of section 6-210, Idaho Code. 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.
STATEMENT OF PURPOSE
RS08950
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 adult correctional
sanctions to cases involving serious and violent juvenile offenders
who have been waived and convicted in criminal court.
FISCAL NOTE
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.
CONTACT: Brent D. Reinke, Director
Department of Juvenile Corrections
(208) 334-5100, ext. 102
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 232