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H0311................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - Amends existing law to provide that a juvenile held for adult
criminal proceedings may be sentenced under the Juvenile Corrections Act if
adult sentencing measures are inappropriate.
02/26 House intro - 1st rdg - to printing
03/01 Rpt prt - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 69-0-1
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Linford
Floor Sponsor - Montgomery
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Jud
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Davis
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/29 Governor signed
Session Law Chapter 390
Effective: 07/01/99
H0311|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 311 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-508, IDAHO CODE, 3 TO PROVIDE THAT A JUVENILE HELD FOR ADULT CRIMINAL PROCEEDINGS MAY BE SEN- 4 TENCED UNDER THE JUVENILE CORRECTIONS ACT IF ADULT SENTENCING MEASURES ARE 5 INAPPROPRIATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 20-508, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 20-508. WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS. (1) After 10 the filing of a petition and after full investigation and hearing, the court 11 may waive jurisdiction under the juvenile corrections act over the juvenile 12 and order that the juvenile be held for adult criminal proceedings when: 13 (a) A juvenile is alleged to have committed any of the crimes enumerated 14 in section 20-509, Idaho Code; or 15 (b) A juvenile is alleged to have committed an act other than those enu- 16 merated in section 20-509, Idaho Code, after the child became fourteen 17 (14) years of age which would be a crime if committed by an adult; or 18 (c) An adult at the time of the filing of the petition is alleged to have 19 committed an act prior to his having become eighteen (18) years of age 20 which would be a felony if committed by an adult, and the court finds that 21 the adult is not committable to an institution for the mentally deficient 22 or mentally ill, is not treatable in any available institution or facility 23 available to the state designed for the care and treatment of juveniles, 24 or that the safety of the community requires the adult continue under 25 restraint; or 26 (d) An adult already under the jurisdiction of the court is alleged to 27 have committed a crime while an adult. 28 (2) A motion to waive jurisdiction under the juvenile corrections act and 29 prosecute a juvenile under the criminal law may be made by the prosecuting 30 attorney, the juvenile, or by motion of the court upon its own initiative. The 31 motion shall be in writing and contain the grounds and reasons in support 32 thereof. 33 (3) Upon the filing of a motion to waive jurisdiction under the juvenile 34 corrections act, the court shall enter an order setting the motion for hearing 35 at a time and date certain and shall order a full and complete investigation 36 of the circumstances of the alleged offense to be conducted by county proba- 37 tion, or such other agency or investigation officer designated by the court. 38 (4) Upon setting the time for the hearing upon the motion to waive juris- 39 diction, the court shall give written notice of said hearing to the juvenile, 40 and the parents, guardian or custodian of the juvenile, and the prosecuting 41 attorney, at least ten (10) days before the date of the hearing, or a lesser 42 period stipulated by the parties, and such notice shall inform the juvenile 43 and the parents, guardian or custodian of the juvenile of their right to court 2 1 appointed counsel. Service of the notice shall be made in the manner pre- 2 scribed for service of a summons under section 20-512, Idaho Code. 3 (5) The hearing upon the motion to waive jurisdiction shall be held in 4 the same manner as an evidentiary hearing upon the original petition and shall 5 be made part of the record. 6 (6) If as a result of the hearing on the motion to waive jurisdiction the 7 court shall determine that jurisdiction should not be waived, the petition 8 shall be processed in the customary manner as a juvenile corrections act pro- 9 ceeding. However, in the event the court determines, as a result of the hear- 10 ing, that juvenile corrections act jurisdiction should be waived and the juve- 11 nile should be prosecuted under the criminal laws of the state of Idaho, the 12 court shall enter findings of fact and conclusions of law upon which it bases 13 such decision together with a decree waiving juvenile corrections act juris- 14 diction and binding the juvenile over to the authorities for prosecution under 15 the criminal laws of the state of Idaho. 16 (7) No motion to waive juvenile corrections act jurisdiction shall be 17 recognized, considered, or heard by the court in the same case once the court 18 has entered an order or decree in that case that said juvenile has come within 19 the purview of the juvenile corrections act, and all subsequent proceedings 20 after the decree finding the juvenile within the purview of the act must be 21 under and pursuant to the act and not as a criminal proceeding. 22 (8) In considering whether or not to waive juvenile court jurisdiction 23 over the juvenile, the juvenile court shall consider the following factors: 24 (a) The seriousness of the offense and whether the protection of the com- 25 munity requires isolation of the juvenile beyond that afforded by juvenile 26 facilities; 27 (b) Whether the alleged offense was committed in an aggressive, violent, 28 premeditated, or willful manner; 29 (c) Whether the alleged offense was against persons or property, greater 30 weight being given to offenses against persons; 31 (d) The maturity of the juvenile as determined by considerations of his 32 home, environment, emotional attitude, and pattern of living; 33 (e) The juvenile's record and previous history of contacts with the juve- 34 nile corrections system; 35 (f) The likelihood that the juvenile will develop competency and life 36 skills to become a contributing member of the community by use of facili- 37 ties and resources available to the court; 38 (g) The amount of weight to be given to each of the factors listed in 39 subsection (8) of this section is discretionary with the court, and a 40 determination that the juvenile is not a fit and proper subject to be 41 dealt with under the juvenile court law may be based on any one (1) or a 42 combination of the factors set forth above, which shall be recited in the 43 order of waiver. 44 (9) If the court does not waive jurisdiction and order a juvenile or 45 adult held for criminal proceedings, the court in a county other than the 46 juvenile's or adult's home county, after entering a decree that the juvenile 47 or adult is within the purview of this chapter, may certify the case for sen- 48 tencing to the court of the county in which the juvenile or adult resides upon 49 being notified that the receiving court is willing to accept transfer. In the 50 event of a transfer, which should be made unless the court finds it contrary 51 to the interest of the juvenile or adult, the jurisdiction of the receiving 52 court shall attach to the same extent as if the court had original jurisdic- 53 tion. 54 (10) Upon conviction of a juvenile held for adult criminal proceed- 55 ings under this section, the sentencing judge may choose to sentence the con- 3 1 victed person in accordance with the juvenile sentencing options set forth in 2 this chapter if a finding is made that adult sentencing measures would be 3 inappropriate.
STATEMENT OF PURPOSE
RS 09059
This bill amends I.C. 20-508 which provides for a transfer
of a juvenile case to adult criminal court, to add a provision
authorizing the sentencing judge in adult court to utilize the
sentencing options in the Juvenile Corrections Act if adult
sentencing measures would be inappropriate.
There are two sections of the Idaho Code that provide for the
prosecution of a juvenile in adult court under the criminal laws.
Idaho Code 20-509 provides that a juvenile who commits certain
serious offenses (murder, rape, robbery, arson, etc.) shall automatically be held for adult criminal proceedings. Under this statute, the sentencing judge of a juvenile convicted
in adult court may choose to sentence the juvenile in accordance
with the Juvenile Corrections Act if adult sentencing measures
are inappropriate.
Idaho Code 20-508 also provides for a "discretionary"
transfer of a juvenile to adult court after consideration of
certain factors relating to the juvenile's record, severity of
the offense, and concern for the protection of the community, but
unlike I.C. 20-509, this statute does not have a provision
giving the judge in adult court the option of sentencing the
juvenile under the Juvenile Corrections Act if adult sentencing
measures are not appropriate in that case.
This bill gives the same sentencing option to a sentencing
judge when there is a transfer of a juvenile case to adult court
under I.C. 20-508 or I.C. 20-509.
FISCAL NOTE
This bill is not expected to have an impact on state or local
funds.
Contact Person:
Representative Bev Montgomery
Idaho State Legislature
(208) 332-1000
Statement of Purpose/Fiscal Note H 311