2001 Legislation
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HOUSE BILL NO. 21 – Juvenile correctn facilities, rpts

HOUSE BILL NO. 21

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Daily Data Tracking History



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

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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 OF ACCOUNT FUND. There is hereby created  in  the  state
 12    treasury  an  account  fund  known  as  the  "Jjuvenile  Ccorrections  Vvictim
 13    Rrestitution  Account  fund,"  which  shall be administered by the department.
 14    Moneys in the account fund 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 the account fund  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 / Fiscal Impact


                   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