2002 Legislation
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HOUSE BILL NO. 502 – Juvenile sentence/judge/requestrpt


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 502
  1                                        AN ACT
  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
  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
  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 / Fiscal Impact


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