2000 Legislation
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HOUSE BILL NO. 438 – Detention/person over 18/cnty jail

HOUSE BILL NO. 438

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Daily Data Tracking History



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

Bill Text


 H0438
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                      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