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H0498................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - Amends existing law relating to juvenile sentencing to
authorize courts to order parents, legal guardians or custodians of
juveniles to pay certain charges.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/06 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 68-0-2
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
Collins, 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, Martinez, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Ridinger
Floor Sponsor - Pearce
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Jud
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
03/01 To enrol
03/04 Rpt enrol - Sp signed
03/05 Pres signed
03/06 To Governor
03/11 Governor signed
Session Law Chapter 73
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 498
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO JUVENILE SENTENCING; AMENDING SECTION 20-520, IDAHO CODE, TO
3 AUTHORIZE COURTS TO ORDER PARENTS, LEGAL GUARDIANS OR CUSTODIANS OF JUVE-
4 NILES TO PAY CERTAIN CHARGES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile
9 is within the purview of the act, the court shall then hold a sentencing hear-
10 ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
11 tence that will promote accountability, competency development and community
12 protection. Prior to the entry of an order disposing of the case, other than
13 an order of discharge or dismissal, the court shall request and shall receive
14 a report containing the results of an inquiry into the home environment, past
15 history, competency development, prevention or out of home placement services
16 provided, and the social, physical and mental condition of the juvenile. The
17 court shall not consider or review the report prior to the entry of an order
18 of adjudication. Upon presentation and consideration of the report by the
19 court, the court may proceed to sentence the juvenile as follows:
20 (a) Place the juvenile on formal probation for a period not to exceed
21 three (3) years from the date of the order, except the court may place a
22 juvenile on formal probation for a period not to exceed the juvenile's
23 twenty-first birthday if the court finds that the juvenile has committed a
24 crime of a sexual nature;
25 (b) Sentence the juvenile to detention pursuant to this act for a period
26 not to exceed thirty (30) days for each act, omission or status which is
27 prohibited by the federal, state, local or municipal law or ordinance by
28 reason of minority only. The sentence shall not be executed unless the
29 act, omission or status is in violation of section 922(x) of title 18,
30 United States Code, or the court finds that the juvenile has violated the
31 court's decree imposing the sentence as provided below.
32 If the court, after notice and hearing, finds that a juvenile has
33 violated the court's decree imposing the sentence under circumstances that
34 bring the violation under the valid court order exception of the federal
35 juvenile justice and delinquency prevention act of 1974, as amended, the
36 court may commit the juvenile to detention for the period of detention
37 previously imposed at sentencing;
38 (c) Commit the juvenile to a period of detention, pursuant to this act,
39 for a period of time not to exceed ninety (90) days for each unlawful or
40 criminal act the juvenile is found to have committed, if the unlawful or
41 criminal act would be a misdemeanor if committed by an adult, or where the
42 juvenile has been adjudicated as an habitual status offender;
43 (d) If the juvenile has committed an unlawful or criminal act which would
2
1 be a felony if committed by an adult, the court may commit the juvenile to
2 detention for a period not to exceed one hundred eighty (180) days for
3 each unlawful or criminal act;
4 (e) Whenever a court commits a juvenile to a period of detention it shall
5 notify the school district where the detention facility is located. No
6 juvenile who is found to come within the purview of the act for the com-
7 mission of a status offense shall be sentenced to detention in a jail
8 facility unless an adjudication has been made that the juvenile is an
9 habitual status offender;
10 (f) Commit the juvenile to detention and suspend the sentence on specific
11 probationary conditions;
12 (g) The court may suspend or restrict the juvenile's driving privileges
13 for such periods of time as the court deems necessary, and the court may
14 take possession of the juvenile's driver's license. The juvenile may
15 request restricted driving privileges during a period of suspension, which
16 the court may allow if the juvenile shows by a preponderance of evidence
17 that driving privileges are necessary for his employment or for family
18 health needs;
19 (h) The court may order that the juvenile be examined or treated by a
20 physician, surgeon, psychiatrist or psychologist, or that he receive other
21 special care, or that he submit to an alcohol or drug evaluation, if
22 needed, and for such purposes may place the juvenile in a hospital or
23 other suitable facility;
24 (i) In support of an order under the provisions of this section, the
25 court may make an additional order setting forth reasonable conditions to
26 be complied with by the parents, the juvenile, his legal guardian or cus-
27 todian, or any other person who has been made a party to the proceedings,
28 including, but not limited to, restrictions on visitation by the parents
29 or one (1) parent, restrictions on the juvenile's associates, occupation
30 and other activities, and requirements to be observed by the parents,
31 guardian or custodian;
32 (j) The court may make any other reasonable order which is in the best
33 interest of the juvenile or is required for the protection of the public,
34 except that no person under the age of eighteen (18) years may be commit-
35 ted to jail, prison or a secure facility which does not meet the standards
36 set forth in section 20-518, Idaho Code, unless jurisdiction over the
37 individual is in the process of being waived or has been waived pursuant
38 to section 20-508 or 20-509, Idaho Code. The court may combine several of
39 the above-listed modes of disposition where they are compatible;
40 (k) An order under the provisions of this section for probation or place-
41 ment of a juvenile with an individual or an agency may provide a schedule
42 for review of the case by the court;
43 (l) Order the proceeding expanded or altered to include consideration of
44 the cause pursuant to chapter 16, title 16, Idaho Code;
45 (m) Order the case and all documents and records connected therewith
46 transferred to the magistrate division of the district court for the
47 county where the juvenile and/or parents reside if different than the
48 county where the juvenile was charged and found to have committed the
49 unlawful or criminal act, for the entry of a dispositional order;
50 (n) Order such other terms, conditions, care or treatment as appears to
51 the court will best serve the interests of the juvenile and the community;
52 (o) The court shall assess a twenty dollar ($20.00) detention/probation
53 training academy fee against the juvenile for every petition filed where
54 there has been an adjudication that the juvenile is within the purview of
55 this chapter. All moneys raised pursuant to this subsection shall be
3
1 transmitted by the court for deposit in the juvenile corrections fund
2 which is created in section 20-542, Idaho Code;
3 (p) Additionally, the court shall assess a fee of sixty cents (60) per
4 hour of community service against the juvenile for every petition filed
5 where there has been an adjudication that the juvenile is within the pur-
6 view of this chapter and the court is ordering community service. Such
7 fee is to be remitted by the court to the state insurance fund for pur-
8 poses of providing worker's compensation insurance for persons performing
9 community service pursuant to this chapter;
10 (q) Commit the juvenile to the legal custody of the department of juve-
11 nile corrections for an indeterminate period of time not to exceed the
12 juvenile's twenty-first birthday, unless extended jurisdiction is neces-
13 sary to complete the competency development and accountability goals of
14 the department;
15 (r) Notwithstanding any other provision of this section, a court may not
16 commit a juvenile offender under the age of ten (10) years to a period of
17 detention or to the custody of the department of juvenile corrections for
18 placement in secure confinement.
19 (2) When an order is entered pursuant to this section, the juvenile shall
20 be transported to the facility or program so designated by the court or the
21 department, as applicable, by the sheriff of the county where the juvenile
22 resides or is committed, or by an appointed agent. When committing a juvenile
23 to the department, or another entity, the court shall at once forward to the
24 department or entity a certified copy of the order of commitment.
25 (3) Unless the court determines that an order of restitution would be
26 inappropriate or undesirable, it shall order the juvenile or his parents or
27 both to pay restitution to or make whole any victim who suffers an economic
28 loss as a result of the juvenile's conduct in accordance with the standards
29 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of
30 restitution which may be ordered by the court shall not be subject to the lim-
31 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
32 prior to any other court-ordered payments unless the court specifically orders
33 otherwise.
34 (4) The court may order the juvenile's parents, legal guardian or custo-
35 dian to pay the charges imposed by community programs ordered by the court for
36 the juvenile, or the juvenile's parents, legal guardian or custodian.
37 (5) Any parent, legal guardian or custodian violating any order of the
38 court entered against the person under the provisions of this chapter shall be
39 subject to contempt proceedings under the provisions of chapter 6, title 7,
40 Idaho Code.
STATEMENT OF PURPOSE
RS11649
This bill amends Idaho Code section 20-520 of the Juvenile
Corrections Act to clarify that the court may, at the time of
sentencing, require parents, legal guardians or custodians to
pay the costs of community programs ordered by the court in
connection with the sentencing of the juvenile.
This proposal was prompted by the Supreme Court’s Juvenile Justice
Advisory Team of Magistrate Judges to provide a clear expression
that parents and other parties who are responsible for a juvenile
offender may be required to pay the charges of community programs
ordered by the Court, such as parenting projects and drug and
alcohol treatment programs, if they are financially able to do so.
Another part of section 20-520, Idaho Code, gives the Court
authority to set reasonable conditions to be complied with by
parents, which implicitly gives the Court the power to order the
payment of these costs, and the proposed amendment will clarify
and provide an unequivocal statement of this obligation.
FISCAL NOTE
This bill will not have an impact on state or local funds.
Contact Person:
Representative Monty Pearce
(208) 332-1000
Statement of Purpose/Fiscal Note H 498