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H0424aa......................................................by MR. SPEAKER
Requested by: Department of Juvenile Corrections
JUVENILE OFFENDERS - Amends existing law to redefine juvenile offender to
include a juvenile confined by the Department of Juvenile Corrections in a
community-based facility; to revise the definition of "secure facility"; to
add a definition of "staff secure facility"; and to authorize the
department to place juvenile offenders in community-based programs.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Jud
02/02 Rpt out - to Gen Ord
02/07 Rpt out amen - to engros
02/08 Rpt engros - 1st rdg - to 2nd rdg as amen
02/09 2nd rdg - to 3rd rdg as amen
02/11 3rd rdg as amen - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wood, Zimmermann, Mr
Speaker
NAYS -- None
Absent and excused -- Campbell, Crow, Deal, Hammond, Hansen(29),
Linford, Mortensen, Moss, Ridinger, Wheeler
Floor Sponsor - Clark
Title apvd - to Senate
02/14 Senate intro - 1st rdg as amen - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg as amen
02/29 2nd rdg - to 3rd rdg as amen
03/27 3rd rdg as amen - PASSED - 35-0-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--None
Floor Sponsor - King-Barrutia
Title apvd - to House
03/28 To enrol
03/29 Rpt enrol - Sp signed
03/30 Pres signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 139
Effective: 07/01/00
H0424|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 424, As Amended BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-502, IDAHO CODE, 3 TO REDEFINE "JUVENILE OFFENDER" TO INCLUDE A JUVENILE CONFINED BY THE 4 DEPARTMENT IN A COMMUNITY-BASED FACILITY, TO REVISE THE DEFINITION OF 5 "SECURE FACILITY" AND TO ADD A DEFINITION OF "STAFF SECURE FACILITY"; 6 AMENDING SECTION 20-504, IDAHO CODE, TO AUTHORIZE PLACEMENT OF OFFENDERS 7 COMMITTED TO THE DEPARTMENT IN COMMUNITY-BASED PROGRAMS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 20-502, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 20-502. DEFINITIONS. When used in this chapter, unless the context other- 13 wise requires: 14 (1) "Adult" means a person eighteen (18) years of age or older. 15 (2) "Commit" means to transfer legal custody. 16 (3) "Community-based program" means an in-home confinement program or a 17 nonsecure or staff secure residential or nonresidential program operated to 18 supervise and provide competency development to juvenile offenders in the 19 least restrictive setting, consistent with public safety, operated by the 20 state or under contract with the state or by the county. 21 (4) "Court" means any district court within the state of Idaho, or 22 magistrate's division thereof. 23 (5) "Department" means the state department of juvenile corrections. 24 (6) "Detention" means the temporary placement of juveniles who require 25 secure custody for their own or the community's protection in physically 26 restricting facilities. 27 (7) "Detention center" means a facility established pursuant to sections 28 20-517 and 20-518, Idaho Code. 29 (8) "Director" means the director of the department of juvenile correc- 30 tions. 31 (9) "Diversion" means the utilization of local community resources, 32 churches, counseling for the juvenile and/or family, substance abuse counsel- 33 ing, informal probation, community service work, voluntary restitution, or any 34 other available service or program as an alternative to the filing of a peti- 35 tion with the juvenile court. 36 (10) "Judge" means a district judge or a magistrate. 37 (11) "Juvenile" means a person less than eighteen (18) years of age or who 38 was less than eighteen (18) years of age at the time of any act, omission or 39 status bringing the person within the purview of this chapter. 40 (12) "Juvenile corrections center" means any state-operated secure facil- 41 ity wherever located. 42 (13) "Juvenile offender" means a person under the age of eighteen (18), 43 committed by the court to the custody, care and jurisdiction of the department 2 1 for confinement in a secure or community-based facility following adjudication 2 for a delinquent act which would constitute a felony or misdemeanor if commit- 3 ted by an adult. 4 (14) "Legal custody" means the relationship created by the court's decree 5 which imposes upon the custodian responsibilities of physical possession of 6 the juvenile, the duty to protect, train and discipline him and to provide him 7 with food, shelter, education and ordinary medical care. 8 (15) "Legal guardian" means a person appointed as guardian of a minor 9 under the laws of Idaho. For the purposes of this chapter, legal guardian 10 does not include and shall not be construed to include the owner, operator or 11 the agent of an owner or operator of a detention center, observation and 12 assessment center, secure facility, residential facility or other facility 13 having temporary or long-term physical custody of the juvenile offender. 14 (16) "Observation and assessment program" means any state-operated or pur- 15 chased service program responsible for temporary custody of juvenile offenders 16 for observation and assessment. 17 (17) "Secure facility" means any architecturally secure state-operated 18 facility or facility operated under contract with the state which provides 19 twenty-four (24) hour supervision and confinement for juvenile offenders com- 20 mitted to the custody of the department. 21 (18) "Staff secure facility" means a residential facility with awake staff 22 twenty-four (24) hours a day, seven (7) days a week for intensive supervision 23 of juveniles. 24 (19) "Work program" means a public service work project which employs 25 juvenile offenders at a reasonable wage for the purpose of reimbursing victims 26 of the juvenile offender's delinquent behavior. 27 SECTION 2. That Section 20-504, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 30 ment shall have jurisdiction over all juveniles committed to it pursuant to 31 chapter 5, title 20, Idaho Code. 32 (2) The department is responsible for all juvenile offenders committed to 33 it by the courts of this state for confinement. The department shall also 34 establish minimum standards for detention, care and certification of approved 35 detention facilities based upon such standards. 36 (3) The department shall establish and administer all secure residential 37 facilities including all state juvenile corrections centers. 38 (4) The department shall make all decisions regarding placement of juve- 39 nile offenders committed to it in the most appropriate program for supervision 40 and treatment. 41 (5) The department shall establish an observation and assessment process 42 for juvenile offenders committed to it by a court. 43 (6) The department shall establish liaison services with the counties. 44 (7) The department may establish and operate work programs designed to 45 employ juvenile offenders in public service work projects for the purpose of 46 reimbursing victims of the juvenile offender's delinquent behavior. 47 (8) The department is hereby authorized and may place juveniles committed 48 to it pursuant to this chapter in a community-based program, on a ranch, in a 49 forestry camp or similar facility for care and for work, if possible; pro- 50 vided, that the person, agency or association operating the facility has been 51 approved and has otherwise complied with all applicable state and local laws. 52 A juvenile placed in a forestry camp or similar facility may be required to 53 work on fire prevention, forestation and reforestation, recreational works, 3 1 forest roads and on other works on or off the grounds of such facility and may 2 be paid wages. 3 (9) The department shall establish minimum standards for the operation of 4 all private residential and nonresidential facilities and programs which pro- 5 vide services to juvenile offenders. The standards shall be no more stringent 6 than standards imposed for facilities operated by the department or for deten- 7 tion facilities operated by counties. 8 (10) The department shall assist counties in establishing meaningful pro- 9 grams for juveniles who either have been found to come under the purview of 10 this chapter or who have had their case informally diverted pursuant to sec- 11 tion 20-511, Idaho Code, and who have not been committed to the legal custody 12 of the department. 13 (11) The department shall have authority to adopt such administrative 14 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 15 as are deemed necessary or appropriate for the functioning of the department 16 and the implementation and administration of this act. 17 (12) Subject to any competitive bidding requirements otherwise provided by 18 law, the department shall have authority to enter into contracts with a pri- 19 vate association or organization or other public agency or organization for 20 the inspection and licensure of detention facilities. 21 (13) Subject to any competitive bidding requirements otherwise provided by 22 law, the department shall have authority to enter into contracts with private 23 providers or local governmental agencies for the confinement or other perma- 24 nent or temporary placement of juveniles committed to its custody. 25 (14) The department shall have authority to apply for, receive and expend 26 federal funds, subject to appropriation by the legislature. The department 27 shall have authority to establish guidelines for and administer the distribu- 28 tion of state block grant funds to counties for the employment and training of 29 county probation officers, the establishment of secure and nonsecure residen- 30 tial or nonresidential facilities and programs for juvenile offenders. The 31 department may require that a county provide matching funds as a condition of 32 receiving a block grant. The department, by rule, in cooperation with the 33 courts and the counties, shall establish uniform standards, criteria and oper- 34 ating procedures for county juvenile probation services, as well as qualifica- 35 tions for and standards for the training of juvenile probation officers. 36 (15) All of the powers and duties imposed upon or granted to the director 37 of the department of health and welfare or the board of health and welfare 38 pursuant to chapter 18, title 16, Idaho Code, are hereby transferred to the 39 director of the department of juvenile corrections. The director shall have 40 all such powers and duties as may have been or could have been exercised by 41 his predecessors in law with respect to chapter 18, title 16, Idaho Code, and 42 shall be the successor in law to all contractual obligations entered into by 43 his predecessor in law. 44 SECTION 3. This act shall be in full force and effect on and after July 45 1, 2000.
AH0424
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Gould
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 424
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 16, following "any", insert:
3 "architecturally secure".
4 CORRECTION TO TITLE
5 On page 1, in line 4, following "FACILITY" insert: ", TO REVISE THE DEFI-
6 NITION OF "SECURE FACILITY"".
STATEMENT OF PURPOSE
RS09353
This legislation would correct existing statute to clarify the Department's
ability to use community-based placements to transition certain juvenile
offenders still in the Department's custody back into their communities. Current
law is inconsistent in this regard.
FISCAL IMPACT
This legislation would have no fiscal impact to state funds.
CONTACT
Name: Brent Reinke
Agency: Department of Juvenile Corrections
Phone: 334-5100
Statement of Purpose/Fiscal Impact H0424