2001 Legislation
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HOUSE BILL NO. 20 – Juvenile correctn, petition fee


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H0020........................................................by MR. SPEAKER
             Requested by: Department of Juvenile Corrections
JUVENILE CORRECTIONS - Amends existing law to provide that the petition fee
assessed against juveniles adjudicated in juvenile court shall be named the
"Detention/Probation Training Academy Fee"; and to change the name of the
"Juvenile Corrections Account" to the "Juvenile Corrections Fund."
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Jud
01/16    Rpt out - rec d/p - to 2nd rdg
01/17    2nd rdg - to 3rd rdg
01/18    3rd rdg - PASSED - 68-1-1
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black Boe, Bolz,
      Bruneel, Callister, Campbell, Chase, Clark Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Schaefer Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Bradford
      Absent and excused -- Sali
    Floor Sponsor - Roberts
    Title apvd - to Senate
01/19    Senate intro - 1st rdg - to Jud
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 33-0-1(1 vacant)
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Risch
      Vacant -- Dist. #4
    Floor Sponsor -- King-Barrutia
    Title apvd - to House
02/07    To enrol
02/08    Rpt enrol - Sp signed
02/09    Pres signed
02/12    To Governor
02/16    Governor signed
         Session Law Chapter 15
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 20
                                       BY MR. SPEAKER
                      Requested by: Department of Juvenile Corrections
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section  20-520, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        20-520.  SENTENCING. (1) Upon the entry of an order finding  the  juvenile
 11    is within the purview of the act, the court shall then hold a sentencing hear-
 12    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
 13    tence  that  will promote accountability, competency development and community
 14    protection. Prior to the entry of an order disposing of the case,  other  than
 15    an  order of discharge or dismissal, the court shall request and shall receive
 16    a report containing the results of an inquiry into the home environment,  past
 17    history,  competency development, prevention or out of home placement services
 18    provided, and the social, physical and mental condition of the  juvenile.  The
 19    court  shall  not consider or review the report prior to the entry of an order
 20    of adjudication. Upon presentation and consideration  of  the  report  by  the
 21    court, the court may proceed to sentence the juvenile as follows:
 22        (a)  Place  the  juvenile  on  formal probation for a period not to exceed
 23        three (3) years from the date of the order, except the court may  place  a
 24        juvenile  on  formal  probation  for a period not to exceed the juvenile's
 25        twenty-first birthday if the court finds that the juvenile has committed a
 26        crime of a sexual nature;
 27        (b)  Sentence the juvenile to detention pursuant to this act for a  period
 28        not  to  exceed thirty (30) days for each act, omission or status which is
 29        prohibited by the federal, state, local or municipal law or  ordinance  by
 30        reason  of  minority  only.  The sentence shall not be executed unless the
 31        act, omission or status is in violation of section  922(x)  of  title  18,
 32        United  States Code, or the court finds that the juvenile has violated the
 33        court's decree imposing the sentence as provided below.
 34             If the court, after notice and hearing, finds  that  a  juvenile  has
 35        violated the court's decree imposing the sentence under circumstances that
 36        bring  the  violation under the valid court order exception of the federal
 37        juvenile justice and delinquency prevention act of 1974, as  amended,  the
 38        court  may  commit  the  juvenile to detention for the period of detention
 39        previously imposed at sentencing;
 40        (c)  Commit the juvenile to a period of detention, pursuant to  this  act,
 41        for  a  period of time not to exceed ninety (90) days for each unlawful or
 42        criminal act the juvenile is found to have committed, if the  unlawful  or
 43        criminal act would be a misdemeanor if committed by an adult, or where the
  1        juvenile has been adjudicated as an habitual status offender;
  2        (d)  If the juvenile has committed an unlawful or criminal act which would
  3        be a felony if committed by an adult, the court may commit the juvenile to
  4        detention  for  a  period  not to exceed one hundred eighty (180) days for
  5        each unlawful or criminal act;
  6        (e)  Whenever a court commits a juvenile to a period of detention it shall
  7        notify the school district where the detention  facility  is  located.  No
  8        juvenile  who  is found to come within the purview of the act for the com-
  9        mission of a status offense shall  be sentenced to  detention  in  a  jail
 10        facility  unless  an  adjudication  has  been made that the juvenile is an
 11        habitual status offender;
 12        (f)  Commit the juvenile to detention and suspend the sentence on specific
 13        probationary conditions;
 14        (g)  The court may suspend or restrict the juvenile's  driving  privileges
 15        for  such  periods of time as the court deems necessary, and the court may
 16        take possession of the  juvenile's  driver's  license.  The  juvenile  may
 17        request restricted driving privileges during a period of suspension, which
 18        the  court  may allow if the juvenile shows by a preponderance of evidence
 19        that driving privileges are necessary for his  employment  or  for  family
 20        health needs;
 21        (h)  The  court  may  order  that the juvenile be examined or treated by a
 22        physician, surgeon, psychiatrist or psychologist, or that he receive other
 23        special care, or that he submit to  an  alcohol  or  drug  evaluation,  if
 24        needed,  and  for  such  purposes  may place the juvenile in a hospital or
 25        other suitable facility;
 26        (i)  In support  of an order under the provisions  of  this  section,  the
 27        court  may make an additional order setting forth reasonable conditions to
 28        be complied with by the parents, the juvenile, his legal guardian or  cus-
 29        todian,  or any other person who has been made a party to the proceedings,
 30        including, but not limited to, restrictions on visitation by  the  parents
 31        or  one  (1) parent, restrictions on the juvenile's associates, occupation
 32        and other activities, and requirements to  be  observed  by  the  parents,
 33        guardian or custodian;
 34        (j)  The  court  may  make any other reasonable order which is in the best
 35        interest of the juvenile or is required for the protection of the  public,
 36        except  that no person under the age of eighteen (18) years may be commit-
 37        ted to jail, prison or a secure facility which does not meet the standards
 38        set forth in section 20-518, Idaho  Code,  unless  jurisdiction  over  the
 39        individual  is  in the process of being waived or has been waived pursuant
 40        to section 20-508 or 20-509, Idaho Code. The court may combine several  of
 41        the above-listed modes of disposition where they are compatible;
 42        (k)  An order under the provisions of this section for probation or place-
 43        ment  of a juvenile with an individual or an agency may provide a schedule
 44        for review of the case by the court;
 45        (l)  Order the proceeding expanded or altered to include consideration  of
 46        the cause pursuant to chapter 16, title 16, Idaho Code;
 47        (m)  Order  the  case  and  all  documents and records connected therewith
 48        transferred to the magistrate division  of  the  district  court  for  the
 49        county  where  the  juvenile  and/or  parents reside if different than the
 50        county where the juvenile was charged and  found  to  have  committed  the
 51        unlawful or criminal act, for the entry of a dispositional order;
 52        (n)  Order  such  other terms, conditions, care or treatment as appears to
 53        the court will best serve the interests of the juvenile and the community;
 54        (o)  The  court   shall   assess   a   twenty   dollar   ($20.00)   charge
 55        detention/probation  training  academy  fee against the juvenile for every
  1        petition filed where there has been an adjudication that the  juvenile  is
  2        within  the  purview  of  this chapter. All moneys raised pursuant to this
  3        subsection shall be transmitted by the court for deposit in  the  juvenile
  4        corrections account fund which is created in section 20-542, Idaho Code;
  5        (p)  Additionally,  the  court shall assess a fee of sixty cents (60) per
  6        hour of community service against the juvenile for  every  petition  filed
  7        where  there has been an adjudication that the juvenile is within the pur-
  8        view of this chapter and the court is ordering  community  service.   Such
  9        fee  is  to  be remitted by the court to the state insurance fund for pur-
 10        poses of providing worker's compensation insurance for persons  performing
 11        community service pursuant to this chapter;
 12        (q)  Commit  the  juvenile to the legal custody of the department of juve-
 13        nile corrections for an indeterminate period of time  not  to  exceed  the
 14        juvenile's  twenty-first  birthday, unless extended jurisdiction is neces-
 15        sary to complete the competency development and  accountability  goals  of
 16        the department;
 17        (r)  Notwithstanding  any other provision of this section, a court may not
 18        commit a juvenile offender under the age of ten (10) years to a period  of
 19        detention  or to the custody of the department of juvenile corrections for
 20        placement in secure confinement.
 21        (2)  When an order is entered pursuant to this section, the juvenile shall
 22    be transported to the facility or program so designated by the  court  or  the
 23    department,  as  applicable,  by  the sheriff of the county where the juvenile
 24    resides or is committed, or by an appointed agent. When committing a  juvenile
 25    to  the  department, or another entity, the court shall at once forward to the
 26    department or entity a certified copy of the order of commitment.
 27        (3)  Unless the court determines that an order  of  restitution  would  be
 28    inappropriate  or  undesirable,  it shall order the juvenile or his parents or
 29    both to pay restitution to or make whole any victim who  suffers  an  economic
 30    loss  as  a  result of the juvenile's conduct in accordance with the standards
 31    and requirements of sections 19-5304 and 19-5305, Idaho Code.  The  amount  of
 32    restitution which may be ordered by the court shall not be subject to the lim-
 33    itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
 34    prior to any other court-ordered payments unless the court specifically orders
 35    otherwise.
 36        (4)  Any  parent,  legal  guardian or custodian violating any order of the
 37    court entered against the person under the provisions of this chapter shall be
 38    subject to contempt proceedings under the provisions of chapter  6,  title  7,
 39    Idaho Code.
 40        SECTION  2.  That  Section  20-522, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
 42        20-522.  JURISDICTION OVER PARENTS. Whenever a juvenile is found  to  come
 43    under  the  purview  of  this  chapter,  the court shall have jurisdiction and
 44    authority to have the juvenile and the juvenile's parent(s), legal guardian or
 45    custodian sign a probationary contract with the  court  containing  terms  and
 46    conditions  that  the juvenile and the juvenile's parent(s), legal guardian or
 47    custodian must adhere to as a condition of the juvenile's probation.  The pro-
 48    bationary contract may provide that upon a violation or breach  of  the  terms
 49    and  conditions of the  probationary contract, the juvenile's parent(s), legal
 50    guardian or custodian shall be liable to the court for a specific monetary sum
 51    not in excess of one thousand dollars ($1,000) for the breach of contract. All
 52    such moneys shall be payable to the court and shall  be  in  addition  to  any
 53    other fines, penalties or other sanctions provided by law. Any moneys received
  1    by  the court pursuant to this section shall be paid into the juvenile correc-
  2    tions account fund created in section 20-542, Idaho Code. In  lieu  of  or  in
  3    addition  to a monetary payment, the court may order that the parent(s), legal
  4    guardian or custodian attend parenting classes or undergo other  treatment  or
  5    counseling. Any person violating any order of the court entered under the pro-
  6    visions  of  this  section shall be subject to contempt proceedings  under the
  7    provisions of chapter 6, title 7, Idaho Code.
  8        SECTION 3.  That Section 20-542, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 10        20-542.  JUVENILE  CORRECTIONS  ACCOUNT  FUND -- CREATION. There is hereby
 11    created in the state treasury, the juvenile corrections account  fund.  Moneys
 12    in  the  account fund shall be utilized by the department for construction and
 13    administration of facilities under the jurisdiction of the department of juve-
 14    nile corrections, for assistance to a county or series  of  counties  in  con-
 15    structing,  contracting  for  or  administering detention facilities for juve-
 16    niles, to coordinate training for juvenile detention officers and/or  juvenile
 17    probation  officers,  and  for alternative programs designed to help juveniles
 18    avoid the traditional juvenile corrections system. All moneys in  the  account
 19    fund may be expended only pursuant to appropriation by the legislature.

Statement of Purpose / Fiscal Impact

                   STATEMENT OF PURPOSE
                          RS 10527

The purpose of this proposal is to amend 20-520(1)(o) of 
the Juvenile Corrections Act to simply give a name to the 
$20 petition fee already charged against juveniles adjudicated 
in juvenile court, and call it the "Detention/Probation 
Training Academy Fee.  "The reason is to promote awareness of 
the training programs, which are new, and the importance 
of collecting that fee.

                      FISCAL IMPACT

There is no fiscal impact since this proposal simply gives a 
name to a fee that is already charged against juveniles 
adjudicated in juvenile court.

Name: Brent D. Reinke
Agency: Department of Juvenile Corrections
Phone:  334-5100, extension 254