2002 Legislation
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HOUSE BILL NO. 498 – Juvenile, parents, charges


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 498
  1                                        AN ACT
  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
  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
  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 / Fiscal Impact

                       STATEMENT OF PURPOSE

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