2002 Legislation
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SENATE BILL NO. 1345 – Juveniles, custody, until 19

SENATE BILL NO. 1345

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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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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