1999 Legislation
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HOUSE BILL NO. 33 – Juvenile, transfer dist court, when

HOUSE BILL NO. 33

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H0033........................................................by MR. SPEAKER
              Requested by Department of Juvenile Corrections
JUVENILES - Amends existing law to provide that the juvenile court may
transfer jurisdiction over a juvenile to the district court if the juvenile
commits an act after age sixteen that would be a crime if committed by an
adult and if the juvenile has experienced a prior commitment to the
Department of Juvenile Corrections.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Jud

Bill Text


H0033

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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 33

                                      BY MR. SPEAKER
                     Requested by: Department of Juvenile Corrections

 1                                        AN ACT
 2    RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-508, IDAHO CODE, TO PRO-
 3        VIDE CORRECT NOMENCLATURE AND TO  PROVIDE  THAT  THE  JUVENILE  COURT  MAY
 4        TRANSFER  JURISDICTION  OVER A JUVENILE TO THE DISTRICT COURT IF THE JUVE-
 5        NILE COMMITS AN ACT AFTER AGE SIXTEEN WHICH WOULD BE A CRIME IF  COMMITTED
 6        BY  AN ADULT AND HAS A PRIOR COMMITMENT TO THE DEPARTMENT OF JUVENILE COR-
 7        RECTIONS.

 8    Be It Enacted by the Legislature of the State of Idaho:

 9        SECTION 1.  That Section 20-508, Idaho Code, be, and the  same  is  hereby
10    amended to read as follows:

11        20-508.  WAIVER  OF  JURISDICTION  AND TRANSFER TO OTHER COURTS. (1) After
12    the filing of a petition and after full investigation and hearing,  the  court
13    may  waive  jurisdiction  under the juvenile corrections act over the juvenile
14    and order that the juvenile be held for adult criminal proceedings when:
15        (a)  A juvenile is alleged to have committed any of the crimes  enumerated
16        in section 20-509, Idaho Code; or
17        (b)  A  juvenile is alleged to have committed an act other than those enu-
18        merated in section 20-509, Idaho Code, after the  child   
19        juvenile    became fourteen (14) years of age which would be a crime
20        if committed by an adult; or
21        (c)   A juvenile is alleged to have committed an act other than those
22        enumerated in section 20-509, Idaho Code, after the juvenile  became  six-
23        teen (16) years of age which would be a crime if committed by an adult and
24        that  juvenile  has  experienced  a  prior commitment to the department of
25        juvenile corrections; or
26        (d)   An adult at the time of the filing of the petition is  alleged
27        to have committed an act prior to his having become eighteen (18) years of
28        age  which would be a felony if committed by an adult, and the court finds
29        that the adult is not committable to an institution for the mentally defi-
30        cient or mentally ill, is not treatable in any  available  institution  or
31        facility  available  to  the  state designed for the care and treatment of
32        juveniles, or that the safety of the community requires the adult continue
33        under restraint; or
34        ( d  e )  An adult already under the jurisdiction of
35        the court is alleged to have committed a crime while an adult.
36        (2)  A motion to waive jurisdiction under the juvenile corrections act and
37    prosecute a juvenile under the criminal law may be  made  by  the  prosecuting
38    attorney, the juvenile, or by motion of the court upon its own initiative. The
39    motion  shall  be  in  writing  and contain the grounds and reasons in support
40    thereof.
41        (3)  Upon the filing of a motion to waive jurisdiction under the  juvenile
42    corrections act, the court shall enter an order setting the motion for hearing
43    at  a  time and date certain and shall order a full and complete investigation


                                      2

 1    of the circumstances of the alleged offense to be conducted by  county  proba-
 2    tion, or such other agency or investigation officer designated by the court.
 3        (4)  Upon setting the time for the hearing upon the motion to waive juris-
 4    diction,  the court shall give written notice of said hearing to the juvenile,
 5    and the parents, guardian or custodian of the juvenile,  and  the  prosecuting
 6    attorney,  at  least ten (10) days before the date of the hearing, or a lesser
 7    period stipulated by the parties, and such notice shall  inform  the  juvenile
 8    and the parents, guardian or custodian of the juvenile of their right to court
 9    appointed  counsel.  Service  of  the  notice shall be made in the manner pre-
10    scribed for service of a summons under section 20-512, Idaho Code.
11        (5)  The hearing upon the motion to waive jurisdiction shall  be  held  in
12    the same manner as an evidentiary hearing upon the original petition and shall
13    be made part of the record.
14        (6)  If as a result of the hearing on the motion to waive jurisdiction the
15    court  shall  determine  that  jurisdiction should not be waived, the petition
16    shall be processed in the customary manner as a juvenile corrections act  pro-
17    ceeding.  However, in the event the court determines, as a result of the hear-
18    ing, that juvenile corrections act jurisdiction should be waived and the juve-
19    nile should be prosecuted under the criminal laws of the state of  Idaho,  the
20    court  shall enter findings of fact and conclusions of law upon which it bases
21    such decision together with a decree waiving juvenile corrections  act  juris-
22    diction and binding the juvenile over to the authorities for prosecution under
23    the criminal laws of the state of Idaho.
24        (7)  No  motion  to  waive  juvenile corrections act jurisdiction shall be
25    recognized, considered, or heard by the court in the same case once the  court
26    has entered an order or decree in that case that said juvenile has come within
27    the  purview  of  the juvenile corrections act, and all subsequent proceedings
28    after the decree finding the juvenile within the purview of the  act  must  be
29    under and pursuant to the act and not as a criminal proceeding.
30        (8)  In  considering  whether  or not to waive juvenile court jurisdiction
31    over the juvenile, the juvenile court shall consider the following factors:
32        (a)  The seriousness of the offense and whether the protection of the com-
33        munity requires isolation of the juvenile beyond that afforded by juvenile
34        facilities;
35        (b)  Whether the alleged offense was committed in an aggressive,  violent,
36        premeditated, or willful manner;
37        (c)  Whether  the alleged offense was against persons or property, greater
38        weight being given to offenses against persons;
39        (d)  The maturity of the juvenile as determined by considerations  of  his
40        home, environment, emotional attitude, and pattern of living;
41        (e)  The juvenile's record and previous history of contacts with the juve-
42        nile corrections system;
43        (f)  The  likelihood  that  the  juvenile will develop competency and life
44        skills to become a contributing member of the community by use of  facili-
45        ties and resources available to the court;
46        (g)  The  amount  of  weight  to be given to each of the factors listed in
47        subsection (8) of this section is discretionary  with  the  court,  and  a
48        determination  that  the  juvenile  is  not a fit and proper subject to be
49        dealt with under the juvenile court law may be based on any one (1)  or  a
50        combination  of the factors set forth above, which shall be recited in the
51        order of waiver.
52        (9)  If the court does not waive jurisdiction  and  order  a  juvenile  or
53    adult  held  for  criminal  proceedings,  the court in a county other than the
54    juvenile's or adult's home county, after entering a decree that  the  juvenile
55    or  adult is within the purview of this chapter, may certify the case for sen-


                                      3

 1    tencing to the court of the county in which the juvenile or adult resides upon
 2    being notified that the receiving court is willing to accept transfer. In  the
 3    event  of  a transfer, which should be made unless the court finds it contrary
 4    to the interest of the juvenile or adult, the jurisdiction  of  the  receiving
 5    court  shall  attach to the same extent as if the court had original jurisdic-
 6    tion.

Statement of Purpose / Fiscal Impact


                      STATEMENT  OF  PURPOSE
                             RS08384
The proposed legislation will give the juvenile court judges the
option of waiving jurisdiction over a juvenile who has not taken
advantage of prior treatment opportunities found in multiple
commitments to the Department of Juvenile Corrections, and would
allow the resources of the department to be spent on juveniles more
amenable to treatment and/or rehabilitation.



                         FISCAL  IMPACT
There is no fiscal impact expected because of this proposed
legislation.  


CONTACT   
Name:     Peggy White
Agency:   Dept. of Juvenile Corrections
Phone:    334-5100 ext. 384

Statement of Purpose/Fiscal Impact                             H 3