Print Friendly HOUSE BILL NO. 438 – Detention/person over 18/cnty jail
HOUSE BILL NO. 438
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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
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
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
Session Law Chapter 111
|||| 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
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.
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
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 438