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S1029................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to increase the charge for a petition filed
against a juvenile found to be within the purview of the Juvenile
Corrections Act; and to allow funds in the Juvenile Corrections Account to
be used to train juvenile detention officers and juvenile probation
officers.
01/22 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram,
Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Geddes, Hawkins, Ipsen, Sandy, Twiggs
Floor Sponsor - Ingram
Title apvd - to House
02/08 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kendell, Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, 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 -- Black, Boe, Deal, Kellogg, Kempton, Lake,
Ridinger
Floor Sponsor - Hornbeck
Title apvd - to Senate - to enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 155
Effective: 07/01/99
S1029|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1029 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-520, IDAHO CODE, TO 3 INCREASE THE CHARGE ASSESSED FOR EACH PETITION FILED AGAINST A JUVENILE 4 ADJUDICATED TO BE WITHIN THE PURVIEW OF THE JUVENILE CORRECTIONS ACT AND 5 TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 20-542, IDAHO CODE, TO 6 ALLOW FUNDS IN THE JUVENILE CORRECTIONS ACCOUNT TO BE USED TO COORDINATE 7 TRAINING FOR JUVENILE DETENTION OFFICERS AND/OR JUVENILE PROBATION OFFI- 8 CERS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 13 is within the purview of the act, the court shall then hold a sentencing hear- 14 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 15 tence that will promote accountability, competency development and community 16 protection. Prior to the entry of an order disposing of the case, other than 17 an order of discharge or dismissal, the court shall request and shall receive 18 a report containing the results of an inquiry into the home environment, past 19 history, competency development, prevention or out of home placement services 20 provided, and the social, physical and mental condition of the juvenile. The 21 court shall not consider or review the report prior to the entry of an order 22 of adjudication. Upon presentation and consideration of the report by the 23 court, the court may proceed to sentence the juvenile as follows: 24 (a) Place the juvenile on formal probation for a period not to exceed 25 three (3) years from the date of the order; 26 (b) Sentence the juvenile to detention pursuant to this act for a period 27 not to exceed thirty (30) days for each act, omission or status which is 28 prohibited by the federal, state, local or municipal law or ordinance by 29 reason of minority only. The sentence shall not be executed unless the 30 act, omission or status is in violation of section 922(x) of title 18, 31 United States Code, or the court finds that the juvenile has violated the 32 court's decree imposing the sentence as provided below. 33 If the court, after notice and hearing, finds that a juvenile has 34 violated the court's decree imposing the sentence under circumstances that 35 bringsthe violation under the valid court order exception of 36 the federal juvenile justice and delinquency prevention act of 1974, as 37 amended, the court may commit the juvenile to detention for the period of 38 detention previously imposed at sentencing; 39 (c) Commit the juvenile to a period of detention, pursuant to this act, 40 for a period of time not to exceed ninety (90) days for each unlawful or 41 criminal act the juvenile is found to have committed, if the unlawful or 42 criminal act would be a misdemeanor if committed by an adult, or where the 43 juvenile has been adjudicated as an habitual status offender; 2 1 (d) If the juvenile has committed an unlawful or criminal act which would 2 be a felony if committed by an adult, the court may commit the juvenile to 3 detention for a period not to exceed one hundred eighty (180) days for 4 each unlawful or criminal act; 5 (e) Whenever a court commits a juvenile to a period of detention it shall 6 notify the school district where the detention facility is located. No 7 juvenile who is found to come within the purview of the act for the com- 8 mission of a status offense shall be sentenced to detention in a jail 9 facility unless an adjudication has been made that the juvenile is an 10 habitual status offender; 11 (f) Commit the juvenile to detention and suspend the sentence on specific 12 probationary conditions; 13 (g(h)) The court may suspend or restrict the juvenile's 14 driving privileges for such periods of time as the court deems necessary, 15 and the court may take possession of the juvenile's driver's license. The 16 juvenile may request restricted driving privileges during a period of sus- 17 pension, which the court may allow if the juvenile shows by a preponder- 18 ance of evidence that driving privileges are necessary for his employment 19 or for family health needs; 20 (igh ) The court may order that the juvenile be 21 examined or treated by a physician, surgeon, psychiatrist or psychologist, 22 or that he receive other special care, or that he submit to an alcohol or 23 drug evaluation, if needed, and for such purposes may place the juvenile 24 in a hospital or other suitable facility; 25 (jhi ) In support of an order under the provi- 26 sions of this section, the court may make an additional order setting 27 forth reasonable conditions to be complied with by the parents, the juve- 28 nile, his legal guardian or custodian, or any other person who has been 29 made a party to the proceedings, including, but not limited to, restric- 30 tions on visitation by the parents or one (1) parent, restrictions on the 31 juvenile's associates, occupation and other activities, and requirements 32 to be observed by the parents, guardian or custodian; 33 (kij ) The court may make any other reasonable 34 order which is in the best interest of the juvenile or is required for the 35 protection of the public, except that no person under the age of eighteen 36 (18) years may be committed to jail, prison or a secure facility which 37 does not meet the standards set forth in section 20-518, Idaho Code, 38 unless jurisdiction over the individual is in the process of being waived 39 or has been waived pursuant to section 20-508 or 20-509, Idaho Code. The 40 court may combine several of the above-listed modes of disposition where 41 they are compatible; 42 (ljk ) An order under the provisions of this 43 section for probation or placement of a juvenile with an individual or an 44 agency may provide a schedule for review of the case by the court; 45 (kml ) Order the proceeding expanded or altered 46 to include consideration of the cause pursuant to chapter 16, title 16, 47 Idaho Code; 48 (nlm ) Order the case and all documents and 49 records connected therewith transferred to the magistrate division of the 50 district court for the county where the juvenile and/or parents reside if 51 different than the county where the juvenile was charged and found to have 52 committed the unlawful or criminal act, for the entry of a dispositional 53 order; 54 (omn ) Order such other terms, conditions, care 55 or treatment as appears to the court will best serve the interests of the 3 1 juvenile and the community; 2 (pno ) The court shall assess aten3 twenty dollar ($12 0.00) charge 4 against the juvenile for every petition filed where there has been an 5 adjudication that the juvenile is within the purview of this chapter. All 6 moneys raised pursuant to this subsection shall be transmitted by the 7 court for deposit in the juvenile corrections account which is created in 8 section 20-542, Idaho Code; 9 (qop ) Additionally, the court shall assess a 10 fee of sixty cents (60[) per hour of community service against the juve- 11 nile for every petition filed where there has been an adjudication that 12 the juvenile is within the purview of this chapter and the court is order- 13 ing community service. Such fee is to be remitted by the court to the 14 state insurance fund for purposes of providing worker's compensation 15 insurance for persons performing community service pursuant to this chap- 16 ter; 17 (pq ) Commit the juvenile to the legal custody 18 of the department of juvenile corrections for an indeterminate period of 19 time not to exceed the juvenile's twenty-first birthday, unless extended 20 jurisdiction is necessary to complete the competency development and 21 accountability goals of the department; 22 (r) Notwithstanding any other provision of this section, a court may not 23 commit a juvenile offender under the age of ten (10) years to a period of 24 detention or to the custody of the department of juvenile corrections for 25 placement in secure confinement. 26 (2) When an order is entered pursuant to this section, the juvenile shall 27 be transported to the facility or program so designated by the court or the 28 department, as applicable, by the sheriff of the county where the juvenile 29 resides or is committed, or by an appointed agent. When committing a juvenile 30 to the department, or another entity, the court shall at once forward to the 31 department or entity a certified copy of the order of commitment. 32 (3) Unless the court determines that an order of restitution would be 33 inappropriate or undesirable, it shall order the juvenile or his parents or 34 both to pay restitution to or make whole any victim who suffers an economic 35 loss as a result of the juvenile's conduct in accordance with the standards 36 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 37 restitution which may be ordered by the court shall not be subject to the lim- 38 itations of section 6-210, Idaho Code. 39 (4) Any parent, legal guardian or custodian violating any order of the 40 court entered against the person under the provisions of this chapter shall be 41 subject to contempt proceedings under the provisions of chapter 6, title 7, 42 Idaho Code. 43 SECTION 2. That Section 20-542, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 20-542. JUVENILE CORRECTIONS ACCOUNT -- CREATION. There is hereby created 46 in the state treasury, the juvenile corrections account. Moneys in the 47 account shall be utilized by the department for construction and administra- 48 tion of facilities under the jurisdiction of the department of juvenile cor- 49 rections, for assistance to a county or series of counties in constructing, 50 contracting for or administering detention facilities for juveniles, to 51 coordinate training for juvenile detention officers and/or juvenile probation 52 officers, and for alternative programs designed to help juveniles avoid 53 the traditional juvenile corrections system. All moneys in the account may be 4 1 expended only pursuant to appropriation by the legislature.
STATEMENT OF PURPOSE
RS08521
The purpose of the amendment to Section 20-520(o) is to increase the fee paid by the juvenile
for every petition fled against him/her where there has been an adjudication that the juvenile is
within the purview of the Juvenile Corrections Act. This user fee serves to offset the high cost
of addressing the needs of juveniles under the purview of the Juvenile Corrections Act.
The amendment to Section 20-542 will allow the funds in the Juvenile Corrections account to
be used to coordinate training for juvenile detention officers and/or juvenile probation officers.
FISCAL IMPACT
The exact fiscal impact of changing Section 20-520(o) is unknown, but it is anticipated that it
will increase the juvenile offender contribution to the cost of care and treatment from
approximately $30,000 annually to $80,000 to $100,000.
This money is deposited into the Juvenile Corrections Account and is currently used to offset
the cost of construction and administration of facilities, for assistance to a county or series of
counties in constructing, contracting for, or administering detention facilities for juveniles, and
for alternative programs designed to help juveniles avoid the traditional juvenile corrections
system. The amendment will allow the Department to use the Account to coordinate training
for juvenile detention officers and/or juvenile probation officers.
A position will be funded with a combination of federal finds and state funds: $40,000 from
federal funds with the remaining $15,800 coming from the Juvenile Corrections Account.
Personnel costs are $46,500, operating expenditures $5,000, and one-time capital outlay of
$4,300 for a computer and office furniture.
The fiscal impact of changing Section 20-542 is unknown.
All moneys generated hereby will be expended only pursuant to appropriation by the
legislature.
Contact Person:
Brent D. Reinke, Director
Department of Juvenile Corrections
Phone: 334-5100, Ex. 102
FAX: 334-5120
S 1029