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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
NAYS--None
Absent and excused--Danielson, Geddes, McLaughlin, Parry, Sorensen,
Thorne
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
H0623
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 623
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO RESTITUTION ORDERED AT THE SENTENCING OF A JUVENILE; AMENDING SEC-
3 TION 20-520, IDAHO CODE, TO PROVIDE THAT RESTITUTION ORDERED BY A COURT
4 SHALL BE PAID PRIOR TO OTHER COURT-ORDERED PAYMENTS UNLESS THE COURT
5 DIRECTS OTHERWISE.
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
2
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;
3
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
RS09933
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