1999 Legislation
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HOUSE BILL NO. 311 – Juvenile/adult proceedings/sentence


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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
      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

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 311


 1                                        AN ACT

 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:

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


 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-


 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 / Fiscal Impact

                          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.


This bill is not expected to have an impact on state or local

Contact Person: 
Representative Bev Montgomery
Idaho State Legislature
(208) 332-1000

Statement of Purpose/Fiscal Note                   H 311