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S1374................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to provide sentencing options for juveniles
convicted as adults.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Jud
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, McLaughlin, Noh, Parry, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler,
Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Davis, Dunklin, Lee, Richardson
Floor Sponsor - Darrington
Title apvd - to House
02/25 House intro - 1st rdg - to Jud
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Jones, Ridinger, Wheeler, Mr
Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 246
Effective: 07/01/00
S1374
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1374
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO SENTENCING OF JUVENILES TRIED AS ADULTS; AMENDING SECTION 19-2601,
3 IDAHO CODE, TO PROVIDE FOR COMMITMENT OF A JUVENILE TO THE DEPARTMENT OF
4 JUVENILE CORRECTIONS AND SUPERVISION BY A COUNTY JUVENILE PROBATION
5 DEPARTMENT UPON RELEASE FROM THE CUSTODY OF THE DEPARTMENT OF JUVENILE
6 CORRECTIONS; AMENDING SECTION 20-508, IDAHO CODE, TO PROVIDE SENTENCING
7 OPTIONS FOR JUVENILES CONVICTED AS ADULTS; AMENDING SECTION 20-509, IDAHO
8 CODE, TO PROVIDE SENTENCING OPTIONS FOR JUVENILES CONVICTED AS ADULTS AND
9 TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 19-2601, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 19-2601. COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE -- PROBATION.
14 Whenever any person shall have been convicted, or enter a plea of guilty, in
15 any district court of the state of Idaho, of or to any crime against the laws
16 of the state, except those of treason or murder, the court in its discretion,
17 may:
18 1. Commute the sentence and confine the defendant in the county jail, or,
19 if the defendant is of proper age, in commit the defendant to the custody of
20 the state department of juvenile corrections; center; or
21 2. Suspend the execution of the judgment at the time of judgment or at
22 any time during the term of a sentence in the county jail and place the
23 defendant on probation under such terms and conditions as it deems necessary
24 and expedient; or
25 3. Withhold judgment on such terms and for such time as it may prescribe
26 and may place the defendant on probation; or
27 4. Suspend the execution of the judgment at any time during the first one
28 hundred eighty (180) days of a sentence to the custody of the state board of
29 correction. The court shall retain jurisdiction over the prisoner for the
30 first one hundred eighty (180) days or, if the prisoner is a juvenile, until
31 the juvenile reaches twenty-one (21) years of age. The prisoner will remain
32 committed to the board of correction if not affirmatively placed on probation
33 by the court. Placement on probation shall be under such terms and conditions
34 as the court deems necessary and expedient. The court in its discretion may
35 sentence a defendant to more than one (1) period of retained jurisdiction
36 after a defendant has been placed on probation in a case. In no case shall the
37 board of correction or its agent, the department of correction, be required to
38 hold a hearing of any kind with respect to a recommendation to the court for
39 the grant or denial of probation. Probation is a matter left to the sound dis-
40 cretion of the court. Any recommendation made by the department to the court
41 regarding the prisoner shall be in the nature of an addendum to the presen-
42 tence report. The board of correction and its agency, the department of cor-
43 rection, and their employees shall not be held financially responsible for
2
1 damages, injunctive or declaratory relief for any recommendation made to the
2 district court under this section.
3 5. If the crime involved is a felony and if judgment is withheld as pro-
4 vided in subsection 3. of this section or if judgment and a sentence of cus-
5 tody to the state board of correction is suspended at the time of judgment in
6 accordance with subsection 2. of this section or as provided by subsection 4.
7 of this section and the court shall place the defendant upon probation, it
8 shall be to the board of correction, to a county juvenile probation depart-
9 ment, or any other person or persons the court, in its discretion, deems
10 appropriate.
11 6. If the crime involved is a misdemeanor, indictable or otherwise, or if
12 the court should suspend any remaining portion of a jail sentence already com-
13 muted in accordance with subsection 1. of this section, the court, if it
14 grants probation, may place the defendant on probation. If the convicted per-
15 son is a juvenile held for adult criminal proceedings, the court may order
16 probation under the supervision of the county's juvenile probation department.
17 7. The period of probation ordered by a court under this section under a
18 conviction or plea of guilty for a misdemeanor, indictable or otherwise, may
19 be for a period of not more than two (2) years; and under a conviction or plea
20 of guilty for a felony the period of probation may be for a period of not more
21 than the maximum period for which the defendant might have been imprisoned.
22 SECTION 2. That Section 20-508, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 20-508. WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS. (1) After
25 the filing of a petition and after full investigation and hearing, the court
26 may waive jurisdiction under the juvenile corrections act over the juvenile
27 and order that the juvenile be held for adult criminal proceedings when:
28 (a) A juvenile is alleged to have committed any of the crimes enumerated
29 in section 20-509, Idaho Code; or
30 (b) A juvenile is alleged to have committed an act other than those enu-
31 merated in section 20-509, Idaho Code, after the child became fourteen
32 (14) years of age which would be a crime if committed by an adult; or
33 (c) An adult at the time of the filing of the petition is alleged to have
34 committed an act prior to his having become eighteen (18) years of age
35 which would be a felony if committed by an adult, and the court finds that
36 the adult is not committable to an institution for the mentally deficient
37 or mentally ill, is not treatable in any available institution or facility
38 available to the state designed for the care and treatment of juveniles,
39 or that the safety of the community requires the adult continue under
40 restraint; or
41 (d) An adult already under the jurisdiction of the court is alleged to
42 have committed a crime while an adult.
43 (2) A motion to waive jurisdiction under the juvenile corrections act and
44 prosecute a juvenile under the criminal law may be made by the prosecuting
45 attorney, the juvenile, or by motion of the court upon its own initiative. The
46 motion shall be in writing and contain the grounds and reasons in support
47 thereof.
48 (3) Upon the filing of a motion to waive jurisdiction under the juvenile
49 corrections act, the court shall enter an order setting the motion for hearing
50 at a time and date certain and shall order a full and complete investigation
51 of the circumstances of the alleged offense to be conducted by county proba-
52 tion, or such other agency or investigation officer designated by the court.
53 (4) Upon setting the time for the hearing upon the motion to waive juris-
3
1 diction, the court shall give written notice of said hearing to the juvenile,
2 and the parents, guardian or custodian of the juvenile, and the prosecuting
3 attorney, at least ten (10) days before the date of the hearing, or a lesser
4 period stipulated by the parties, and such notice shall inform the juvenile
5 and the parents, guardian or custodian of the juvenile of their right to court
6 appointed counsel. Service of the notice shall be made in the manner pre-
7 scribed for service of a summons under section 20-512, Idaho Code.
8 (5) The hearing upon the motion to waive jurisdiction shall be held in
9 the same manner as an evidentiary hearing upon the original petition and shall
10 be made part of the record.
11 (6) If as a result of the hearing on the motion to waive jurisdiction the
12 court shall determine that jurisdiction should not be waived, the petition
13 shall be processed in the customary manner as a juvenile corrections act pro-
14 ceeding. However, in the event the court determines, as a result of the hear-
15 ing, that juvenile corrections act jurisdiction should be waived and the juve-
16 nile should be prosecuted under the criminal laws of the state of Idaho, the
17 court shall enter findings of fact and conclusions of law upon which it bases
18 such decision together with a decree waiving juvenile corrections act juris-
19 diction and binding the juvenile over to the authorities for prosecution under
20 the criminal laws of the state of Idaho.
21 (7) No motion to waive juvenile corrections act jurisdiction shall be
22 recognized, considered, or heard by the court in the same case once the court
23 has entered an order or decree in that case that said juvenile has come within
24 the purview of the juvenile corrections act, and all subsequent proceedings
25 after the decree finding the juvenile within the purview of the act must be
26 under and pursuant to the act and not as a criminal proceeding.
27 (8) In considering whether or not to waive juvenile court jurisdiction
28 over the juvenile, the juvenile court shall consider the following factors:
29 (a) The seriousness of the offense and whether the protection of the com-
30 munity requires isolation of the juvenile beyond that afforded by juvenile
31 facilities;
32 (b) Whether the alleged offense was committed in an aggressive, violent,
33 premeditated, or willful manner;
34 (c) Whether the alleged offense was against persons or property, greater
35 weight being given to offenses against persons;
36 (d) The maturity of the juvenile as determined by considerations of his
37 home, environment, emotional attitude, and pattern of living;
38 (e) The juvenile's record and previous history of contacts with the juve-
39 nile corrections system;
40 (f) The likelihood that the juvenile will develop competency and life
41 skills to become a contributing member of the community by use of facili-
42 ties and resources available to the court;
43 (g) The amount of weight to be given to each of the factors listed in
44 subsection (8) of this section is discretionary with the court, and a
45 determination that the juvenile is not a fit and proper subject to be
46 dealt with under the juvenile court law may be based on any one (1) or a
47 combination of the factors set forth above, which shall be recited in the
48 order of waiver.
49 (9) If the court does not waive jurisdiction and order a juvenile or
50 adult held for criminal proceedings, the court in a county other than the
51 juvenile's or adult's home county, after entering a decree that the juvenile
52 or adult is within the purview of this chapter, may certify the case for sen-
53 tencing to the court of the county in which the juvenile or adult resides
54 upon being notified that the receiving court is willing to accept transfer. In
55 the event of a transfer, which should be made unless the court finds it con-
4
1 trary to the interest of the juvenile or adult, the jurisdiction of the
2 receiving court shall attach to the same extent as if the court had original
3 jurisdiction.
4 (10) Upon conviction of a juvenile held for adult criminal proceedings
5 under this section, the sentencing judge may, choose to sentence the convicted
6 person in accordance with the juvenile sentencing options set forth in this
7 chapter if a finding is made that adult sentencing measures would be inappro-
8 priate:
9 (a) Sentence the convicted person in accordance with the juvenile sen-
10 tencing options set forth in this chapter; or
11 (b) Sentence the convicted person to the county jail or to the custody of
12 the state board of correction but suspend the sentence or withhold judg-
13 ment pursuant to section 19-2601, Idaho Code, and commit the defendant to
14 the custody of the department of juvenile corrections for an indeterminate
15 period of time in accordance with section 20-520(1)(q), Idaho Code. The
16 court, in its discretion, may order that the suspended sentence or with-
17 held judgment be conditioned upon the convicted person's full compliance
18 with all reasonable program requirements of the department of juvenile
19 corrections. Such a sentence may also set terms of probation, which may
20 be served under the supervision of county juvenile probation. However, in
21 no event may the total of the actual time spent by the convicted person in
22 the custody of the department plus any adult sentence imposed by the court
23 exceed the maximum period of imprisonment that could be imposed on an
24 adult convicted of the same crime.
25 (c) If a convicted person is given a suspended sentence or withheld judg-
26 ment conditioned upon the convicted person's compliance with all reason-
27 able program requirements of the department pursuant to paragraph (b) of
28 this subsection, and if the department reasonably believes that the con-
29 victed person is failing to comply with all reasonable program require-
30 ments, the department may petition the sentencing court to revoke the com-
31 mitment to the department and transfer the convicted person to the county
32 jail or to the custody of the state board of correction for the remainder
33 of the sentence.
34 SECTION 3. That Section 20-509, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS
37 AND OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen (18)
38 years, who is alleged to have committed any of the following crimes or any
39 person under age fourteen (14) years who is alleged to have committed any of
40 the following crimes and, pursuant to section 20-508, Idaho Code, has been
41 ordered by the court to be held for adult criminal proceedings:
42 (a) Murder of any degree or attempted murder;
43 (b) Robbery;
44 (c) Rape, but excluding statutory rape;
45 (d) Forcible sexual penetration by the use of a foreign object;
46 (e) Infamous crimes against nature, committed by force or violence;
47 (f) Mayhem;
48 (g) Assault or battery with the intent to commit any of the above serious
49 felonies;
50 (h) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
51 (C), Idaho Code, when the violation occurred on or within one thousand
52 (1,000) feet of the property of any public or private primary or secondary
53 school, or in those portions of any building, park, stadium or other
5
1 structure or grounds which were, at the time of the violation, being used
2 for an activity sponsored by or through such a school;
3 (i) Arson in the first degree and aggravated arson;
4 shall be charged, arrested and proceeded against by complaint, indictment or
5 information as an adult. All other felonies or misdemeanors charged in the
6 complaint, indictment or information, which are based on the same act or
7 transaction or on one (1) or more acts or transactions as the violent or con-
8 trolled substances offense shall similarly be charged, arrested and proceeded
9 against as an adult. Any juvenile proceeded against pursuant to this section
10 shall be accorded all constitutional rights, including bail and trial by jury,
11 and procedural safeguards as if that juvenile were an adult defendant.
12 (2) Once a juvenile has been formally charged or indicted pursuant to
13 this section or has been transferred for criminal prosecution as an adult pur-
14 suant to the waiver provisions of section 20-508, Idaho Code, or this section,
15 the juvenile shall be held in a county jail or other adult prison facility
16 unless the court, after finding good cause, orders otherwise.
17 (3) Except as otherwise allowed by subsection (4) of this section, oOnce
18 a juvenile has been found to have committed the offense for which the juvenile
19 was charged, indicted or transferred, or has been found guilty or pled guilty
20 to a lesser offense or amended charge growing out of or included within the
21 original charge, whether or not such lesser offense or amended charge is
22 included within the acts enumerated in subsection (1) of this section, the
23 juvenile shall thereafter be handled in every respect as an adult. For any
24 subsequent violation of Idaho law, the juvenile shall be handled in every
25 respect as an adult.
26 (4) The sentencing judge Upon the conviction of any juvenile convicted
27 pursuant to this section, the sentencing judge may, choose to sentence the
28 convicted person in accordance with the juvenile sentencing options set forth
29 in this act, if a finding is made that adult sentencing measures would be
30 inappropriate:
31 (a) Sentence the convicted person in accordance with the juvenile sen-
32 tencing options set forth in this chapter; or
33 (b) Sentence the convicted person to the county jail or to the custody of
34 the state board of correction but suspend the sentence or withhold judg-
35 ment pursuant to section 19-2601, Idaho Code, and commit the defendant to
36 the custody of the department of juvenile corrections for an indeterminate
37 period of time in accordance with section 20-520(1)(q), Idaho Code. The
38 court, in its discretion, may order that the suspended sentence or with-
39 held judgment be conditioned upon the convicted person's full compliance
40 with all reasonable program requirements of the department of juvenile
41 corrections. Such a sentence may also set terms of probation, which may be
42 served under the supervision of county juvenile probation. However, in no
43 event may the total of the actual time spent by the convicted person in
44 the custody of the department plus any adult sentence imposed by the court
45 exceed the maximum period of imprisonment that could be imposed on an
46 adult convicted of the same crime.
47 (c) If a convicted person is given a suspended sentence or withheld judg-
48 ment conditioned upon the convicted person's compliance with all reason-
49 able program requirements of the department pursuant to paragraph (b) of
50 this subsection, and if the department reasonably believes that the con-
51 victed person is failing to comply with all reasonable program require-
52 ments, the department may petition the sentencing court to revoke the com-
53 mitment to the department and transfer the convicted person to the county
54 jail or to the custody of the state board of correction for the remainder
55 of the sentence.
6
1 SECTION 4. This act shall be in full force and effect on and after July
2 1, 2000.
STATEMENT OF PURPOSE
RS09480C1
This legislation would give district court judges a combination of sentencing and
probation options to better meet the specific needs of juvenile offenders who are
convicted as adults subject to a mandatory or discretionary "waiver. " Current
law allows juveniles who are waived into district court to be sentenced either as
an adult, or under the Juvenile Corrections Act. This proposed legislation
would allow a "blending" of sentences and probation services. A district court
judge can impose a fixed sentence under the adult corrections system, but suspend
its imposition while placing the juvenile offender in the juvenile corrections
system for an indeterminate period of time. If the juvenile failed to comply in the
juvenile system, and after a hearing, the judge could immediately impose the adult
sentence, crediting time served in juvenile corrections and place the offender in an
adult facility for the balance of the sentence. The judge could also utilize either
adult or county juvenile probation systems upon release which would provide
more appropriate services to the juvenile upon release from the Department.
Current law requires that a waived juvenile must be treated thereafter as an adult
in all respects. Currently, these juveniles are being supervised by the state's adult
probation system, which is not structured for such supervision.
FISCAL IMPACT
The Department anticipates a decreased length of stay of district court juveniles
with the Department at $50,000 per juvenile per year, and fewer juveniles
recommitted to the Department with the use of more appropriate supervision and
services following release from custody.
CONTACT
Name: Brent Reinke
Agency: Department of Juvenile Corrections
Phone: 334-5100
STATEMENT OF PURPOSE/FISCAL IMPACT S1374