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H0021........................................................by MR. SPEAKER
Requested by: Department of Juvenile Corrections
JUVENILE CORRECTIONS FACILITIES - Amends existing law to clarify the source
of money received in the Juvenile Corrections Victim Restitution Fund; and
to provide for distribution and reporting requirements for state and other
public and private contract facilities.
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 - 67-2-1
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 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, Henbest
Absent and excused -- Sali
Floor Sponsor - Young
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 -- Sorensen
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 14
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 21 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-539, IDAHO CODE, 3 TO MAKE TECHNICAL CORRECTIONS AND TO CLARIFY THE SOURCE OF MONEY RECEIVED 4 IN THE JUVENILE CORRECTIONS VICTIM RESTITUTION FUND; AND AMENDING CHAPTER 5 5, TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20-539A, IDAHO 6 CODE, TO PROVIDE FOR DISTRIBUTION AND REPORTING REQUIREMENTS FOR STATE AND 7 OTHER PUBLIC AND PRIVATE CONTRACT FACILITIES. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 20-539, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 20-539. CREATION OFACCOUNTFUND. There is hereby created in the state 12 treasury an accountfund known as the "JjuvenileCcorrectionsVvictim 13RrestitutionAccountfund," which shall be administered by the department. 14 Moneys in theaccountfund shall consist of wage payments made to juvenile 15 offenders in work programs, appropriations and moneys received by the depart- 16 ment from whatever source. Moneys in theaccountfund shall be utilized to 17 provide full or partial restitution to victims of the juvenile offender's 18 delinquent behavior. 19 SECTION 2. That Chapter 5, Title 20, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 21 ignated as Section 20-539A, Idaho Code, and to read as follows: 22 20-539A. DISTRIBUTION AND REPORTING REQUIREMENTS FOR STATE, OTHER PUBLIC 23 AND PRIVATE CONTRACT FACILITIES. Each facility housing juvenile offenders in 24 department custody, whether a state, other public or private contract facil- 25 ity, shall comply with the following requirements for disbursement and report- 26 ing: 27 (1) State facilities, upon receiving any moneys credited to a juvenile in 28 its custody, shall deposit the funds in the juvenile corrections victim resti- 29 tution fund pursuant to section 20-539, Idaho Code. 30 (2) Other public or private contract facilities housing juveniles in 31 department custody, upon receiving any moneys credited to or earned by a juve- 32 nile at the facility, shall directly distribute the moneys on or before the 33 first day of each calendar quarter to the county court that committed the 34 juvenile to department custody. Upon remitting moneys to a county on behalf of 35 a juvenile offender, the facility shall report the direct distribution to the 36 department for inclusion in the department's records.
STATEMENT OF PURPOSE
RS 10526
The Department has had a difficult time collecting restitution
monies or reports for the statutorily required "Juvenile
Corrections Victim Restitution Account" 20-539, Idaho Code,
from juveniles who are placed in private contract facilities.
This idea proposes to change the language of this code section
to clarify the collection, reporting and distribution duties of
all DJC juvenile facilities, state or contracted. The objective
is to increase proper use and accounting of the account and
track restitution to victims.
FISCAL IMPACT
This proposed legislation is attempting to clear up problems
related to collecting wage payments made to juveniles while
working in private contract facilities. In the most recent
Legislative Audit, the Department received an audit finding
(Finding #2) relating to the collection, distribution and
reporting of restitution amounts for juvenile offenders in
the Department's custody. This legislation will attempt to
correct the audit finding by having private contract facilities
remit restitution funds directly to the county on behalf of
the juveniles. In addition, the contract facilities will be
required to report those payments quarterly to the Department
to combine into a restitution database. This legislation will
have no fiscal impact to the Department. It will cause a shift
in work effort as it relates to accumulating the private
contract facilities reported data with payment data the Department
creates for juveniles in state facilities.
CONTACT
Name: Brent D. Reinke,
Department of Juvenile Corrections
Phone: 334-5100, extension 254
Statement of Purpose/Fiscal Note Bill No. H21