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H0502................................by JUDICIARY, RULES AND ADMINISTRATION
JUVENILES - SENTENCING - Amends existing law relating to juvenile
sentencing to provide that a court, in its discretion, may request and
receive a report containing certain information regarding the juvenile and
the juvenile's home environment prior to entry of an order disposing of a
case, other than an order of discharge or dismissal.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 67-0-3
AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
Langford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Martinez, Wood
Floor Sponsor - Aikele
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Jud
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw,
Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
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 -- Hawkins
Floor Sponsor - Darrington
Title apvd - to House
To enrol - Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 97
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. 502
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO JUVENILE SENTENCING; AMENDING SECTION 20-520, IDAHO CODE, TO PRO-
3 VIDE THAT A COURT, IN ITS DISCRETION, MAY REQUEST AND RECEIVE A REPORT
4 CONTAINING CERTAIN INFORMATION REGARDING THE JUVENILE AND THE JUVENILE'S
5 HOME ENVIRONMENT PRIOR TO ENTRY OF AN ORDER DISPOSING OF A CASE, OTHER
6 THAN AN ORDER OF DISCHARGE OR DISMISSAL.
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 may request and, if
16 requested, shall receive a report containing the results of an inquiry into
17 the home environment, past history, competency development, prevention or out
18 of home placement services provided, and the social, physical and mental con-
19 dition of the juvenile. The court shall not consider or review the report
20 prior to the entry of an order of adjudication. Upon presentation and consid-
21 eration of the report by the court, the court may proceed to sentence the
22 juvenile as follows:
23 (a) Place the juvenile on formal probation for a period not to exceed
24 three (3) years from the date of the order, except the court may place a
25 juvenile on formal probation for a period not to exceed the juvenile's
26 twenty-first birthday if the court finds that the juvenile has committed a
27 crime of a sexual nature;
28 (b) Sentence the juvenile to detention pursuant to this act for a period
29 not to exceed thirty (30) days for each act, omission or status which is
30 prohibited by the federal, state, local or municipal law or ordinance by
31 reason of minority only. The sentence shall not be executed unless the
32 act, omission or status is in violation of section 922(x) of title 18,
33 United States Code, or the court finds that the juvenile has violated the
34 court's decree imposing the sentence as provided below.
35 If the court, after notice and hearing, finds that a juvenile has
36 violated the court's decree imposing the sentence under circumstances that
37 bring the violation under the valid court order exception of the federal
38 juvenile justice and delinquency prevention act of 1974, as amended, the
39 court may commit the juvenile to detention for the period of detention
40 previously imposed at sentencing;
41 (c) Commit the juvenile to a period of detention, pursuant to this act,
42 for a period of time not to exceed ninety (90) days for each unlawful or
43 criminal act the juvenile is found to have committed, if the unlawful or
2
1 criminal act would be a misdemeanor if committed by an adult, or where the
2 juvenile has been adjudicated as an habitual status offender;
3 (d) If the juvenile has committed an unlawful or criminal act which would
4 be a felony if committed by an adult, the court may commit the juvenile to
5 detention for a period not to exceed one hundred eighty (180) days for
6 each unlawful or criminal act;
7 (e) Whenever a court commits a juvenile to a period of detention it shall
8 notify the school district where the detention facility is located. No
9 juvenile who is found to come within the purview of the act for the com-
10 mission of a status offense shall be sentenced to detention in a jail
11 facility unless an adjudication has been made that the juvenile is an
12 habitual status offender;
13 (f) Commit the juvenile to detention and suspend the sentence on specific
14 probationary conditions;
15 (g) The court may suspend or restrict the juvenile's driving privileges
16 for such periods of time as the court deems necessary, and the court may
17 take possession of the juvenile's driver's license. The juvenile may
18 request restricted driving privileges during a period of suspension, which
19 the court may allow if the juvenile shows by a preponderance of evidence
20 that driving privileges are necessary for his employment or for family
21 health needs;
22 (h) The court may order that the juvenile be examined or treated by a
23 physician, surgeon, psychiatrist or psychologist, or that he receive other
24 special care, or that he submit to an alcohol or drug evaluation, if
25 needed, and for such purposes may place the juvenile in a hospital or
26 other suitable facility;
27 (i) In support of an order under the provisions of this section, the
28 court may make an additional order setting forth reasonable conditions to
29 be complied with by the parents, the juvenile, his legal guardian or cus-
30 todian, or any other person who has been made a party to the proceedings,
31 including, but not limited to, restrictions on visitation by the parents
32 or one (1) parent, restrictions on the juvenile's associates, occupation
33 and other activities, and requirements to be observed by the parents,
34 guardian or custodian;
35 (j) The court may make any other reasonable order which is in the best
36 interest of the juvenile or is required for the protection of the public,
37 except that no person under the age of eighteen (18) years may be commit-
38 ted to jail, prison or a secure facility which does not meet the standards
39 set forth in section 20-518, Idaho Code, unless jurisdiction over the
40 individual is in the process of being waived or has been waived pursuant
41 to section 20-508 or 20-509, Idaho Code. The court may combine several of
42 the above-listed modes of disposition where they are compatible;
43 (k) An order under the provisions of this section for probation or place-
44 ment of a juvenile with an individual or an agency may provide a schedule
45 for review of the case by the court;
46 (l) Order the proceeding expanded or altered to include consideration of
47 the cause pursuant to chapter 16, title 16, Idaho Code;
48 (m) Order the case and all documents and records connected therewith
49 transferred to the magistrate division of the district court for the
50 county where the juvenile and/or parents reside if different than the
51 county where the juvenile was charged and found to have committed the
52 unlawful or criminal act, for the entry of a dispositional order;
53 (n) Order such other terms, conditions, care or treatment as appears to
54 the court will best serve the interests of the juvenile and the community;
55 (o) The court shall assess a twenty dollar ($20.00) detention/probation
3
1 training academy fee against the juvenile for every petition filed where
2 there has been an adjudication that the juvenile is within the purview of
3 this chapter. All moneys raised pursuant to this subsection shall be
4 transmitted by the court for deposit in the juvenile corrections fund
5 which is created in section 20-542, Idaho Code;
6 (p) Additionally, the court shall assess a fee of sixty cents (60) per
7 hour of community service against the juvenile for every petition filed
8 where there has been an adjudication that the juvenile is within the pur-
9 view of this chapter and the court is ordering community service. Such
10 fee is to be remitted by the court to the state insurance fund for pur-
11 poses of providing worker's compensation insurance for persons performing
12 community service pursuant to this chapter;
13 (q) Commit the juvenile to the legal custody of the department of juve-
14 nile corrections for an indeterminate period of time not to exceed the
15 juvenile's twenty-first birthday, unless extended jurisdiction is neces-
16 sary to complete the competency development and accountability goals of
17 the department;
18 (r) Notwithstanding any other provision of this section, a court may not
19 commit a juvenile offender under the age of ten (10) years to a period of
20 detention or to the custody of the department of juvenile corrections for
21 placement in secure confinement.
22 (2) When an order is entered pursuant to this section, the juvenile shall
23 be transported to the facility or program so designated by the court or the
24 department, as applicable, by the sheriff of the county where the juvenile
25 resides or is committed, or by an appointed agent. When committing a juvenile
26 to the department, or another entity, the court shall at once forward to the
27 department or entity a certified copy of the order of commitment.
28 (3) Unless the court determines that an order of restitution would be
29 inappropriate or undesirable, it shall order the juvenile or his parents or
30 both to pay restitution to or make whole any victim who suffers an economic
31 loss as a result of the juvenile's conduct in accordance with the standards
32 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of
33 restitution which may be ordered by the court shall not be subject to the lim-
34 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
35 prior to any other court-ordered payments unless the court specifically orders
36 otherwise.
37 (4) 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
RS11653
This bill amends section 20-520 (1), Idaho Code, which provides
for the preparation of a background report prior to the sentencing
of a juvenile to authorize the court to dispense with the report at
its discretion.
Section 20-520(1) provides that prior to the disposition of a
juvenile case, the court shall request a report containing, among
other things, the results of an inquiry into the home environment,
past history, competency development, and social, physical, and
mental condition of the juvenile. In some juvenile cases, especially
when a juvenile has been before the court on an earlier occasion,
the court does not need this depth of information to adequately
fashion an appropriate sentence, and the ability to dispense with
the report in these cases would save time and expense to the county,
decrease the burden on the juvenile probation department, and
expedite the disposition of the case.
FISCAL NOTE
This bill will have a positive impact on state or local funds.
Contact Person:
Representative Janet Aikele
(208) 332-1000
Statement of Purpose/Fiscal Note H 502