2000 Legislation
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HOUSE BILL NO. 623 – Juveniles, restitution, pymt


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Daily Data Tracking History

H0623................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - RESTITUTION - Amends existing law to provide that restitution
ordered at the sentencing of a juvenile shall be paid prior to other
court-ordered payments unless the court directs otherwise.
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 64-0-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kellogg, Kempton, Kunz, Lake, Linford, Loertscher,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer(Tiegs), Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crow, Kendell, Mader, Marley, Ridinger, Wheeler
    Floor Sponsor - Moss
    Title apvd - to Senate
03/07    Senate intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Risch,
      Sandy, Schroeder, Stegner, Stennett, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Geddes, McLaughlin, Parry, Sorensen,
    Floor Sponsor - Richardson
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/17    Governor signed
         Session Law Chapter 466
         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. 623
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 20-520, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
  9        20-520.  SENTENCING.  (1)  Upon the entry of an order finding the juvenile
 10    is within the purview of the act, the court shall then hold a sentencing hear-
 11    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
 12    tence that will promote accountability, competency development  and  community
 13    protection.  Prior  to the entry of an order disposing of the case, other than
 14    an order of discharge or dismissal, the court shall request and shall  receive
 15    a  report containing the results of an inquiry into the home environment, past
 16    history, competency development, prevention or out of home placement  services
 17    provided,  and  the social, physical and mental condition of the juvenile. The
 18    court shall not consider or review the report prior to the entry of  an  order
 19    of  adjudication.  Upon  presentation  and  consideration of the report by the
 20    court, the court may proceed to sentence the juvenile as follows:
 21        (a)  Place the juvenile on formal probation for a  period  not  to  exceed
 22        three (3) years from the date of the order;
 23        (b)  Sentence  the juvenile to detention pursuant to this act for a period
 24        not to exceed thirty (30) days for each act, omission or status  which  is
 25        prohibited  by  the federal, state, local or municipal law or ordinance by
 26        reason of minority only. The sentence shall not  be  executed  unless  the
 27        act,  omission  or  status  is in violation of section 922(x) of title 18,
 28        United States Code, or the court finds that the juvenile has violated  the
 29        court's decree imposing the sentence as provided below.
 30             If  the  court,  after  notice and hearing, finds that a juvenile has
 31        violated the court's decree imposing the sentence under circumstances that
 32        bring the violation under the valid court order exception of  the  federal
 33        juvenile  justice  and delinquency prevention act of 1974, as amended, the
 34        court may commit the juvenile to detention for  the  period  of  detention
 35        previously imposed at sentencing;
 36        (c)  Commit  the  juvenile to a period of detention, pursuant to this act,
 37        for a period of time not to exceed ninety (90) days for each  unlawful  or
 38        criminal  act  the juvenile is found to have committed, if the unlawful or
 39        criminal act would be a misdemeanor if committed by an adult, or where the
 40        juvenile has been adjudicated as an habitual status offender;
 41        (d)  If the juvenile has committed an unlawful or criminal act which would
 42        be a felony if committed by an adult, the court may commit the juvenile to
 43        detention for a period not to exceed one hundred  eighty  (180)  days  for
  1        each unlawful or criminal act;
  2        (e)  Whenever a court commits a juvenile to a period of detention it shall
  3        notify  the  school  district  where the detention facility is located. No
  4        juvenile who is found to come within the purview of the act for  the  com-
  5        mission  of  a  status  offense  shall be sentenced to detention in a jail
  6        facility unless an adjudication has been made  that  the  juvenile  is  an
  7        habitual status offender;
  8        (f)  Commit the juvenile to detention and suspend the sentence on specific
  9        probationary conditions;
 10        (g)  The  court  may suspend or restrict the juvenile's driving privileges
 11        for such periods of time as the court deems necessary, and the  court  may
 12        take  possession  of  the  juvenile's  driver's  license. The juvenile may
 13        request restricted driving privileges during a period of suspension, which
 14        the court may allow if the juvenile shows by a preponderance  of  evidence
 15        that  driving  privileges  are  necessary for his employment or for family
 16        health needs;
 17        (h)  The court may order that the juvenile be examined  or  treated  by  a
 18        physician, surgeon, psychiatrist or psychologist, or that he receive other
 19        special  care,  or  that  he  submit  to an alcohol or drug evaluation, if
 20        needed, and for such purposes may place the  juvenile  in  a  hospital  or
 21        other suitable facility;
 22        (i)  In  support   of  an  order under the provisions of this section, the
 23        court may make an additional order setting forth reasonable conditions  to
 24        be  complied with by the parents, the juvenile, his legal guardian or cus-
 25        todian, or any other person who has been made a party to the  proceedings,
 26        including,  but  not limited to, restrictions on visitation by the parents
 27        or one (1) parent, restrictions on the juvenile's  associates,  occupation
 28        and  other  activities,  and  requirements  to be observed by the parents,
 29        guardian or custodian;
 30        (j)  The court may make any other reasonable order which is  in  the  best
 31        interest  of the juvenile or is required for the protection of the public,
 32        except that no person under the age of eighteen (18) years may be  commit-
 33        ted to jail, prison or a secure facility which does not meet the standards
 34        set  forth  in  section  20-518,  Idaho Code, unless jurisdiction over the
 35        individual is in the process of being waived or has been  waived  pursuant
 36        to  section 20-508 or 20-509, Idaho Code. The court may combine several of
 37        the above-listed modes of disposition where they are compatible;
 38        (k)  An order under the provisions of this section for probation or place-
 39        ment of a juvenile with an individual or an agency may provide a  schedule
 40        for review of the case by the court;
 41        (l)  Order  the proceeding expanded or altered to include consideration of
 42        the cause pursuant to chapter 16, title 16, Idaho Code;
 43        (m)  Order the case and all  documents  and  records  connected  therewith
 44        transferred  to  the  magistrate  division  of  the district court for the
 45        county where the juvenile and/or parents  reside  if  different  than  the
 46        county  where  the  juvenile  was  charged and found to have committed the
 47        unlawful or criminal act, for the entry of a dispositional order;
 48        (n)  Order such other terms, conditions, care or treatment as  appears  to
 49        the court will best serve the interests of the juvenile and the community;
 50        (o)  The  court  shall  assess a twenty dollar ($20.00) charge against the
 51        juvenile for every petition filed where there  has  been  an  adjudication
 52        that the juvenile is within the purview of this chapter. All moneys raised
 53        pursuant  to this subsection shall be transmitted by the court for deposit
 54        in the juvenile corrections account which is created  in  section  20-542,
 55        Idaho Code;
  1        (p)  Additionally,  the  court shall assess a fee of sixty cents (60) per
  2        hour of community service against the juvenile for  every  petition  filed
  3        where  there has been an adjudication that the juvenile is within the pur-
  4        view of this chapter and the court is ordering  community  service.   Such
  5        fee  is  to  be remitted by the court to the state insurance fund for pur-
  6        poses of providing worker's compensation insurance for persons  performing
  7        community service pursuant to this chapter;
  8        (q)  Commit  the  juvenile to the legal custody of the department of juve-
  9        nile corrections for an indeterminate period of time  not  to  exceed  the
 10        juvenile's  twenty-first  birthday, unless extended jurisdiction is neces-
 11        sary to complete the competency development and  accountability  goals  of
 12        the department;
 13        (r)  Notwithstanding  any other provision of this section, a court may not
 14        commit a juvenile offender under the age of ten (10) years to a period  of
 15        detention  or to the custody of the department of juvenile corrections for
 16        placement in secure confinement.
 17        (2)  When an order is entered pursuant to this section, the juvenile shall
 18    be transported to the facility or program so designated by the  court  or  the
 19    department,  as  applicable,  by  the sheriff of the county where the juvenile
 20    resides or is committed, or by an appointed agent. When committing a  juvenile
 21    to  the  department, or another entity, the court shall at once forward to the
 22    department or entity a certified copy of the order of commitment.
 23        (3)  Unless the court determines that an order  of  restitution  would  be
 24    inappropriate  or  undesirable,  it shall order the juvenile or his parents or
 25    both to pay restitution to or make whole any victim who  suffers  an  economic
 26    loss  as  a  result of the juvenile's conduct in accordance with the standards
 27    and requirements of sections 19-5304 and 19-5305, Idaho Code.  The  amount  of
 28    restitution which may be ordered by the court shall not be subject to the lim-
 29    itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
 30    prior to any other court-ordered payments unless the court specifically orders
 31    otherwise.
 32        (4)  Any  parent,  legal  guardian or custodian violating any order of the
 33    court entered against the person under the provisions of this chapter shall be
 34    subject to contempt proceedings under the provisions of chapter  6,  title  7,
 35    Idaho Code.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
          This bill amends section 20-520(r)(3), Idaho Code, which requires juvenile
     offenders or their parents to pay victim restitution in proper cases, to provide that
     victim restitution shall have a first priority over other payments ordered at
     sentencing unless the court directs otherwise. 
          Section 19-5302, Idaho Code, establishes a priority for satisfying victim
     restitution ordered in criminal cases, but a statutory priority has not been created
     for restitution ordered in juvenile cases. An equivalent provision should be added
     to Idaho Code  20-520(r)(3) to provide that court ordered restitution shall be paid
     prior to any other court ordered payments, except a judge would have the
     discretion to require that other court ordered payments be paid prior to or
     simultaneously with victim restitution in an appropriate case. 
                     FISCAL NOTE 
     No impact to state or local funds is anticipated. 
               CONTACT:   Representative Tom Moss
                (208) 332-1000 
                                             STATEMENT OF PURPOSE/FISCAL NOTE                         H 623