1999 Legislation
Print Friendly

HOUSE BILL NO. 232 – Juvenile, sentence, combined


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

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

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 232


 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        bring s  the 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


 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        (  h    g  )  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        ( 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 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 / 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 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