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H0438................................by JUDICIARY, RULES AND ADMINISTRATION DETENTION - Amends existing law relating to the Juvenile Correction Act to allow for the detention of persons age eighteen and over in the county jail. 01/26 House intro - 1st rdg - to printing 01/27 Rpt prt - to Jud 02/08 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/10 3rd rdg - PASSED - 68-0-2 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Hansen(29), Moss Floor Sponsor - Smith Title apvd - to Senate 02/11 Senate intro - 1st rdg - to Jud 02/28 Rpt out - rec d/p - to 2nd rdg 02/29 2nd rdg - to 3rd rdg 03/24 3rd rdg - 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 - Dunklin Title apvd - to House 03/27 To enrol 03/28 Rpt enrol - Sp signed 03/29 Pres signed 03/30 To Governor Governor signed Session Law Chapter 111 Effective: 07/01/00
H0438|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 438 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-518, IDAHO CODE, 3 TO ALLOW FOR THE DETENTION OF PERSONS EIGHTEEN YEARS OF AGE AND OVER IN 4 THE COUNTY JAIL; AND PROVIDING AN EFFECTIVE DATE. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 20-518, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 20-518. STANDARDS FOR DETENTION. The following shall be minimum standards 9 for the detention of juveniles provided for in section 20-517, Idaho Code: 10 (1) Juvenile detention facilities must be so constructed and/or main- 11 tained as to keep juveniles segregated from adult offenders or those being 12 treated as adult offenders under section 20-508 or 20-509, Idaho Code, with 13 there to be no contact as to sight and/or sound between the two (2) classes. 14 (2) Juvenile detention facilities must provide supervision and observa- 15 tion of juvenile detainees sufficient to protect the physical and mental 16 health of the detainees. 17 (3) Juveniles held in detention must be provided with at least three (3) 18 adequate and nutritional meals per day. 19 (4) Juveniles held in detention must have access to reading materials on 20 a regular and systematic basis. Detained juveniles may receive books, news- 21 papers and periodicals from any source including delivery to the detention 22 facilities by family members, subject to the right of detention authorities to 23 inspect and remove dangerous or harmful materials. Detention authorities may 24 forbid the introduction into holding quarters of obscene books or periodicals. 25 (5) A visiting program shall be established in juvenile detention facili- 26 ties which will allow for family visits to each juvenile for at least two (2) 27 hours each week. 28 (6) Notwithstanding any other provision in this chapter, the minimum 29 standards set forth herein shall not apply to any person who attains his or 30 her eighteenth birthday prior to beginning or while in detention. When such 31 person attains his or her eighteenth birthday, he or she shall be transferred 32 from juvenile detention to the county jail. 33 SECTION 2. This act shall be in full force and effect on and after July 34 1, 2000.
STATEMENT OF PURPOSE RS09473 Juveniles who are ordered to serve detention under the Juvenile Corrections Act frequently reach the age of eighteen prior to beginning detention or during the service of such detention. This bill is designed to assure that no adult will be expected to serve detention in a juvenile detention center, and will further assure that no adult ordered to serve detention need be segregated from the rest of the adult population in the county jail. This bill will permit the transfer of an individual from juvenile detention to the county jail once that person turns eighteen. FISCAL IMPACT This bill will relieve county jails of the expense of segregating adults sentenced as juveniles from adults sentenced under the criminal laws of the state. Contact: Idaho Sheriff's Association, Michael J. Kane Phone: 342-4545 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 438