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S1345................................................by JUDICIARY AND RULES JUVENILES - Amends existing law to provide that juveniles may be committed to the legal custody of the Department of Juvenile Corrections for a period of time not to exceed the juvenile's nineteenth birthday; to provide that juveniles already in the physical custody of the department shall be subject to their original order and indeterminate sentence; and to provide that juvenile offenders committed to secure facilities shall remain until the offender reaches the age of nineteen years or is released or discharged, whichever is earlier. 01/31 Senate intro - 1st rdg - to printing 02/01 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1345 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-520, IDAHO CODE, 3 TO PROVIDE THAT JUVENILES MAY BE COMMITTED TO THE LEGAL CUSTODY OF THE 4 STATE DEPARTMENT OF JUVENILE CORRECTIONS FOR AN INDETERMINATE PERIOD OF 5 TIME NOT TO EXCEED THE JUVENILE'S NINETEENTH BIRTHDAY, TO PROVIDE THAT 6 JUVENILES WHO ARE ALREADY IN OR WHO HAVE BEEN ORDERED INTO THE PHYSICAL 7 CUSTODY OF THE DEPARTMENT PRIOR TO THE EFFECTIVE DATE OF THE ACT ARE SUB- 8 JECT TO THE TERMS OF THEIR ORIGINAL ORDER AND INDETERMINATE SENTENCE; 9 AMENDING SECTION 20-532, IDAHO CODE, TO PROVIDE THAT JUVENILE OFFENDERS 10 COMMITTED TO SECURE FACILITIES SHALL REMAIN UNTIL THE OFFENDER REACHES AGE 11 NINETEEN OR, IF EARLIER, IS RELEASED OR DISCHARGED; AND DECLARING AN EMER- 12 GENCY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 17 is within the purview of the act, the court shall then hold a sentencing hear- 18 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 19 tence that will promote accountability, competency development and community 20 protection. Prior to the entry of an order disposing of the case, other than 21 an order of discharge or dismissal, the court shall request and shall receive 22 a report containing the results of an inquiry into the home environment, past 23 history, competency development, prevention or out of home placement services 24 provided, and the social, physical and mental condition of the juvenile. The 25 court shall not consider or review the report prior to the entry of an order 26 of adjudication. Upon presentation and consideration of the report by the 27 court, the court may proceed to sentence the juvenile as follows: 28 (a) Place the juvenile on formal probation for a period not to exceed 29 three (3) years from the date of the order, except the court may place a 30 juvenile on formal probation for a period not to exceed the juvenile's 31 twenty-first birthday if the court finds that the juvenile has committed a 32 crime of a sexual nature; 33 (b) Sentence the juvenile to detention pursuant to this act for a period 34 not to exceed thirty (30) days for each act, omission or status which is 35 prohibited by the federal, state, local or municipal law or ordinance by 36 reason of minority only. The sentence shall not be executed unless the 37 act, omission or status is in violation of section 922(x) of title 18, 38 United States Code, or the court finds that the juvenile has violated the 39 court's decree imposing the sentence as provided below. 40 If the court, after notice and hearing, finds that a juvenile has 41 violated the court's decree imposing the sentence under circumstances that 42 bring the violation under the valid court order exception of the federal 43 juvenile justice and delinquency prevention act of 1974, as amended, the 2 1 court may commit the juvenile to detention for the period of detention 2 previously imposed at sentencing; 3 (c) Commit the juvenile to a period of detention, pursuant to this act, 4 for a period of time not to exceed ninety (90) days for each unlawful or 5 criminal act the juvenile is found to have committed, if the unlawful or 6 criminal act would be a misdemeanor if committed by an adult, or where the 7 juvenile has been adjudicated as an habitual status offender; 8 (d) If the juvenile has committed an unlawful or criminal act which would 9 be a felony if committed by an adult, the court may commit the juvenile to 10 detention for a period not to exceed one hundred eighty (180) days for 11 each unlawful or criminal act; 12 (e) Whenever a court commits a juvenile to a period of detention it shall 13 notify the school district where the detention facility is located. No 14 juvenile who is found to come within the purview of the act for the com- 15 mission of a status offense shall be sentenced to detention in a jail 16 facility unless an adjudication has been made that the juvenile is an 17 habitual status offender; 18 (f) Commit the juvenile to detention and suspend the sentence on specific 19 probationary conditions; 20 (g) The court may suspend or restrict the juvenile's driving privileges 21 for such periods of time as the court deems necessary, and the court may 22 take possession of the juvenile's driver's license. The juvenile may 23 request restricted driving privileges during a period of suspension, which 24 the court may allow if the juvenile shows by a preponderance of evidence 25 that driving privileges are necessary for his employment or for family 26 health needs; 27 (h) The court may order that the juvenile be examined or treated by a 28 physician, surgeon, psychiatrist or psychologist, or that he receive other 29 special care, or that he submit to an alcohol or drug evaluation, if 30 needed, and for such purposes may place the juvenile in a hospital or 31 other suitable facility; 32 (i) In support of an order under the provisions of this section, the 33 court may make an additional order setting forth reasonable conditions to 34 be complied with by the parents, the juvenile, his legal guardian or cus- 35 todian, or any other person who has been made a party to the proceedings, 36 including, but not limited to, restrictions on visitation by the parents 37 or one (1) parent, restrictions on the juvenile's associates, occupation 38 and other activities, and requirements to be observed by the parents, 39 guardian or custodian; 40 (j) The court may make any other reasonable order which is in the best 41 interest of the juvenile or is required for the protection of the public, 42 except that no person under the age of eighteen (18) years may be commit- 43 ted to jail, prison or a secure facility which does not meet the standards 44 set forth in section 20-518, Idaho Code, unless jurisdiction over the 45 individual is in the process of being waived or has been waived pursuant 46 to section 20-508 or 20-509, Idaho Code. The court may combine several of 47 the above-listed modes of disposition where they are compatible; 48 (k) An order under the provisions of this section for probation or place- 49 ment of a juvenile with an individual or an agency may provide a schedule 50 for review of the case by the court; 51 (l) Order the proceeding expanded or altered to include consideration of 52 the cause pursuant to chapter 16, title 16, Idaho Code; 53 (m) Order the case and all documents and records connected therewith 54 transferred to the magistrate division of the district court for the 55 county where the juvenile and/or parents reside if different than the 3 1 county where the juvenile was charged and found to have committed the 2 unlawful or criminal act, for the entry of a dispositional order; 3 (n) Order such other terms, conditions, care or treatment as appears to 4 the court will best serve the interests of the juvenile and the community; 5 (o) The court shall assess a twenty dollar ($20.00) detention/probation 6 training academy fee against the juvenile for every petition filed where 7 there has been an adjudication that the juvenile is within the purview of 8 this chapter. All moneys raised pursuant to this subsection shall be 9 transmitted by the court for deposit in the juvenile corrections fund 10 which is created in section 20-542, Idaho Code; 11 (p) Additionally, the court shall assess a fee of sixty cents (60) per 12 hour of community service against the juvenile for every petition filed 13 where there has been an adjudication that the juvenile is within the pur- 14 view of this chapter and the court is ordering community service. Such 15 fee is to be remitted by the court to the state insurance fund for pur- 16 poses of providing worker's compensation insurance for persons performing 17 community service pursuant to this chapter; 18 (q) Commit the juvenile to the legal custody of the department of juve- 19 nile corrections for an indeterminate period of time not to exceed the 20 juvenile'stwenty-firstnineteenth birthday, unless extended jurisdiction 21 is necessary to complete the competency development and accountability 22 goals of the department; provided however, that juveniles who are already 23 in, or who have been ordered into, the physical custody of the department 24 prior to the effective date of this act shall be subject to the terms of 25 their original order and indeterminate sentence; 26 (r) Notwithstanding any other provision of this section, a court may not 27 commit a juvenile offender under the age of ten (10) years to a period of 28 detention or to the custody of the department of juvenile corrections for 29 placement in secure confinement. 30 (2) When an order is entered pursuant to this section, the juvenile shall 31 be transported to the facility or program so designated by the court or the 32 department, as applicable, by the sheriff of the county where the juvenile 33 resides or is committed, or by an appointed agent. When committing a juvenile 34 to the department, or another entity, the court shall at once forward to the 35 department or entity a certified copy of the order of commitment. 36 (3) Unless the court determines that an order of restitution would be 37 inappropriate or undesirable, it shall order the juvenile or his parents or 38 both to pay restitution to or make whole any victim who suffers an economic 39 loss as a result of the juvenile's conduct in accordance with the standards 40 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 41 restitution which may be ordered by the court shall not be subject to the lim- 42 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 43 prior to any other court-ordered payments unless the court specifically orders 44 otherwise. 45 (4) Any parent, legal guardian or custodian violating any order of the 46 court entered against the person under the provisions of this chapter shall be 47 subject to contempt proceedings under the provisions of chapter 6, title 7, 48 Idaho Code. 49 SECTION 2. That Section 20-532, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 20-532. TERM OF COMMITMENT -- REVIEW AFTER COMMITMENT. A juvenile 52 offender committed to a secure facility shall remain until the offender 53 reaches agetwenty-onenineteen (219), or, if earlier, is released or dis- 4 1 charged. A juvenile offender committed to a secure facility shall appear 2 before the department within ninety (90) days after commitment, for review of 3 treatment plans. 4 SECTION 3. An emergency existing therefor, which emergency is hereby 5 declared to exist, this act shall be in full force and effect on and after its 6 passage and approval.
STATEMENT OF PURPOSE RS 11806 Current law allows commitment of juvenile offenders to the Idaho Department of Juvenile Corrections for an indeterminate period of time not longer than age 21. The department also receives committed juveniles as young as 10 years old. Experience has shown that the older statutory “juveniles” present a number of difficulties for the state. It is very difficult to find placements for the 18-20 year-old group. Treatment is much less effective at that age and often very hard to find. These older individuals usually have little or no family support and may be released to their own custody. Dropping the age of confinement to the Idaho Department of Juvenile Corrections to a maximum of nineteen is intended to help alleviate some of these difficulties. Juveniles currently in custody, and those committed before passage of this bill, will be subject to their original commitment orders, i.e. committed “ for an indeterminate period of time not to exceed the juvenile’s twenty-first birthday.” §20520(1) (q). Therefore, the population mix will not change immediately, but will help the state move towards a true department of luvenile corrections. FISCAL STATEMENT There are currently 12 boys and 1 girl in custody of the Idaho Department of Juvenile Corrections 19-20 years of age. If age 19 becomes the maximum age for confinement within DJC, estimates show that between 7-10 fewer juveniles would be in the department’s custody per year. 7 to 10 fewer juveniles per year would eventually result in a saving of between $408,800 and $584,000 based on an allocated cost per day per juvenile of $160 in Contract Providers. The maximum age of 19 will only apply to juveniles committed after the effective date of the bill. Those 19-20 year-aids already in department custody will be released on the usual bases. This bill does not affect them. It will be several years before the full positive fiscal impact is felt, but it takes steps in the right direction. Contact Name: Brent Reinke, Department of Juvenile Corrections Phone: (208) 334-5100 STATEMENT OF PURPOSE/FISCAL NOTE S 1345