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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 - 2002
IN 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's twenty-first nineteenth 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 age twenty-one nineteen (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