2000 Legislation
Print Friendly

HOUSE BILL NO. 624 – Juvenile/sex crime/probatn until 21


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0624................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - Amends existing law to provide that a juvenile who has
committed a crime of a sexual nature may be placed on formal probation up
to his twenty-first birthday.
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 - 28-0-7
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs, Schroeder,
      Sorensen, Stegner, Stennett, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Geddes, McLaughlin, Parry, Risch,
      Sandy, Thorne
    Floor Sponsor - Sorensen
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 329
         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. 624
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section  20-520, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        20-520.  SENTENCING. (1) Upon the entry of an order finding  the  juvenile
  9    is within the purview of the act, the court shall then hold a sentencing hear-
 10    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
 11    tence  that  will promote accountability, competency development and community
 12    protection. Prior to the entry of an order disposing of the case,  other  than
 13    an  order of discharge or dismissal, the court shall request and shall receive
 14    a report containing the results of an inquiry into the home environment,  past
 15    history,  competency development, prevention or out of home placement services
 16    provided, and the social, physical and mental condition of the  juvenile.  The
 17    court  shall  not consider or review the report prior to the entry of an order
 18    of adjudication. Upon presentation and consideration  of  the  report  by  the
 19    court, the court may proceed to sentence the juvenile as follows:
 20        (a)  Place  the  juvenile  on  formal probation for a period not to exceed
 21        three (3) years from the date of the order, except the court may  place  a
 22        juvenile  on  formal  probation  for a period not to exceed the juvenile's
 23        twenty-first birthday if the court finds that the juvenile has committed a
 24        crime of a sexual nature;
 25        (b)  Sentence the juvenile to detention pursuant to this act for a  period
 26        not  to  exceed thirty (30) days for each act, omission or status which is
 27        prohibited by the federal, state, local or municipal law or  ordinance  by
 28        reason  of  minority  only.  The sentence shall not be executed unless the
 29        act, omission or status is in violation of section  922(x)  of  title  18,
 30        United  States Code, or the court finds that the juvenile has violated the
 31        court's decree imposing the sentence as provided below.
 32             If the court, after notice and hearing, finds  that  a  juvenile  has
 33        violated the court's decree imposing the sentence under circumstances that
 34        bring  the  violation under the valid court order exception of the federal
 35        juvenile justice and delinquency prevention act of 1974, as  amended,  the
 36        court  may  commit  the  juvenile to detention for the period of detention
 37        previously imposed at sentencing;
 38        (c)  Commit the juvenile to a period of detention, pursuant to  this  act,
 39        for  a  period of time not to exceed ninety (90) days for each unlawful or
 40        criminal act the juvenile is found to have committed, if the  unlawful  or
 41        criminal act would be a misdemeanor if committed by an adult, or where the
 42        juvenile has been adjudicated as an habitual status offender;
 43        (d)  If the juvenile has committed an unlawful or criminal act which would
  1        be a felony if committed by an adult, the court may commit the juvenile to
  2        detention  for  a  period  not to exceed one hundred eighty (180) days for
  3        each unlawful or criminal act;
  4        (e)  Whenever a court commits a juvenile to a period of detention it shall
  5        notify the school district where the detention  facility  is  located.  No
  6        juvenile  who  is found to come within the purview of the act for the com-
  7        mission of a status offense shall be sentenced  to  detention  in  a  jail
  8        facility  unless  an  adjudication  has  been made that the juvenile is an
  9        habitual status offender;
 10        (f)  Commit the juvenile to detention and suspend the sentence on specific
 11        probationary conditions;
 12        (g)  The court may suspend or restrict the juvenile's  driving  privileges
 13        for  such  periods of time as the court deems necessary, and the court may
 14        take possession of the  juvenile's  driver's  license.  The  juvenile  may
 15        request restricted driving privileges during a period of suspension, which
 16        the  court  may allow if the juvenile shows by a preponderance of evidence
 17        that driving privileges are necessary for his  employment  or  for  family
 18        health needs;
 19        (h)  The  court  may  order  that the juvenile be examined or treated by a
 20        physician, surgeon, psychiatrist or psychologist, or that he receive other
 21        special care, or that he submit to  an  alcohol  or  drug  evaluation,  if
 22        needed,  and  for  such  purposes  may place the juvenile in a hospital or
 23        other suitable facility;
 24        (i)  In support  of an order under the provisions  of  this  section,  the
 25        court  may make an additional order setting forth reasonable conditions to
 26        be complied with by the parents, the juvenile, his legal guardian or  cus-
 27        todian,  or any other person who has been made a party to the proceedings,
 28        including, but not limited to, restrictions on visitation by  the  parents
 29        or  one  (1) parent, restrictions on the juvenile's associates, occupation
 30        and other activities, and requirements to  be  observed  by  the  parents,
 31        guardian or custodian;
 32        (j)  The  court  may  make any other reasonable order which is in the best
 33        interest of the juvenile or is required for the protection of the  public,
 34        except  that no person under the age of eighteen (18) years may be commit-
 35        ted to jail, prison or a secure facility which does not meet the standards
 36        set forth in section 20-518, Idaho  Code,  unless  jurisdiction  over  the
 37        individual  is  in the process of being waived or has been waived pursuant
 38        to section 20-508 or 20-509, Idaho Code. The court may combine several  of
 39        the above-listed modes of disposition where they are compatible;
 40        (k)  An order under the provisions of this section for probation or place-
 41        ment  of a juvenile with an individual or an agency may provide a schedule
 42        for review of the case by the court;
 43        (l)  Order the proceeding expanded or altered to include consideration  of
 44        the cause pursuant to chapter 16, title 16, Idaho Code;
 45        (m)  Order  the  case  and  all  documents and records connected therewith
 46        transferred to the magistrate division  of  the  district  court  for  the
 47        county  where  the  juvenile  and/or  parents reside if different than the
 48        county where the juvenile was charged and  found  to  have  committed  the
 49        unlawful or criminal act, for the entry of a dispositional order;
 50        (n)  Order  such  other terms, conditions, care or treatment as appears to
 51        the court will best serve the interests of the juvenile and the community;
 52        (o)  The court shall assess a twenty dollar ($20.00)  charge  against  the
 53        juvenile  for  every  petition  filed where there has been an adjudication
 54        that the juvenile is within the purview of this chapter. All moneys raised
 55        pursuant to this subsection shall be transmitted by the court for  deposit
  1        in  the  juvenile  corrections account which is created in section 20-542,
  2        Idaho Code;
  3        (p)  Additionally, the court shall assess a fee of sixty cents  (60)  per
  4        hour  of  community  service against the juvenile for every petition filed
  5        where there has been an adjudication that the juvenile is within the  pur-
  6        view  of  this  chapter and the court is ordering community service.  Such
  7        fee is to be remitted by the court to the state insurance  fund  for  pur-
  8        poses  of providing worker's compensation insurance for persons performing
  9        community service pursuant to this chapter;
 10        (q)  Commit the juvenile to the legal custody of the department  of  juve-
 11        nile  corrections  for  an  indeterminate period of time not to exceed the
 12        juvenile's twenty-first birthday, unless extended jurisdiction  is  neces-
 13        sary  to  complete  the competency development and accountability goals of
 14        the department;
 15        (r)  Notwithstanding any other provision of this section, a court may  not
 16        commit  a juvenile offender under the age of ten (10) years to a period of
 17        detention or to the custody of the department of juvenile corrections  for
 18        placement in secure confinement.
 19        (2)  When an order is entered pursuant to this section, the juvenile shall
 20    be  transported  to  the facility or program so designated by the court or the
 21    department, as applicable, by the sheriff of the  county  where  the  juvenile
 22    resides  or is committed, or by an appointed agent. When committing a juvenile
 23    to the department, or another entity, the court shall at once forward  to  the
 24    department or entity a certified copy of the order of commitment.
 25        (3)  Unless  the  court  determines  that an order of restitution would be
 26    inappropriate or undesirable, it shall order the juvenile or  his  parents  or
 27    both  to  pay  restitution to or make whole any victim who suffers an economic
 28    loss as a result of the juvenile's conduct in accordance  with  the  standards
 29    and  requirements  of  sections 19-5304 and 19-5305, Idaho Code. The amount of
 30    restitution which may be ordered by the court shall not be subject to the lim-
 31    itations of section 6-210, Idaho Code.
 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 I.C.  20-520(l)(a) which presently provides that a court
     may place a juvenile on probation not to exceed three years from the date of the
     sentencing order, to authorize a judge to place a juvenile on probation until the
     juvenile's twenty-first birthday if the court finds that the juvenile has committed a
     crime of a sexual nature. 
          A number of juvenile sex offenders need a treatment and monitoring
     program that continues beyond the present three-year probationary program in
     order to provide a sufficient follow-up to these offenses, and an enlarged
     probationary period which extends to the juvenile's twenty- first birthday is
     necessary in these cases. 
                     FISCAL NOTE 
     A small impact on the cost of local probation services is anticipated. 
               CONTACT:   Representative Tom Moss
                (208) 332-1000 
                                             STATEMENT OF PURPOSE/FISCAL NOTE                           H 624