2000 Legislation
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HOUSE BILL NO. 424, As Amended – Juvnile offndr/communty-based fclty

HOUSE BILL NO. 424, As Amended

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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
      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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE BILL NO. 424, As Amended
                                       BY MR. SPEAKER
                      Requested by: Department of Juvenile Corrections
  1                                        AN ACT
  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
  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:
 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,
  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.


  ||||              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-

Statement of Purpose / Fiscal Impact

                          STATEMENT  OF  PURPOSE

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.

Name:     Brent Reinke
Agency:        Department of Juvenile Corrections
Phone:         334-5100

Statement of Purpose/Fiscal Impact           H0424