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S1460................................................by JUDICIARY AND RULES JUVENILES - Amends existing law to provide that a juvenile 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 unless the custody review board determines that extended time in custody is necessary to address competency development, accountability and community protection; to provide that no juvenile shall remain in the custody of the Department of Juvenile Corrections beyond the juvenile's twenty-first birthday; to provide that the Department of Juvenile Corrections shall adopt rules implementing the custody review board and operations and procedures of the board; and to provide that a juvenile offender committed to a secure facility shall remain until the offender reaches nineteen years of age, is retained for extended custody or is released or discharged. 02/18 Senate intro - 1st rdg - to printing 02/19 Rpt prt - to Jud 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, 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 -- None Floor Sponsor - Darrington Title apvd - to House 03/01 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 54-1-15 AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Young NAYS -- Montgomery Absent and excused -- Barrett, Clark, Crow, Gould, Hornbeck, Jones, Kendell, Meyer, Mortensen, Pischner, Roberts, Sellman, Smith(23), Wood, Mr. Speaker Floor Sponsor - Field(13) Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/26 Governor signed Session Law Chapter 309 Effective: 01/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1460 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 A COURT MAY COMMIT A JUVENILE TO THE LEGAL CUSTODY OF THE 4 DEPARTMENT OF JUVENILE CORRECTIONS FOR A PERIOD OF TIME NOT TO EXCEED THE 5 JUVENILE'S NINETEENTH BIRTHDAY UNLESS THE CUSTODY REVIEW BOARD DETERMINES 6 THAT EXTENDED TIME IN CUSTODY IS NECESSARY TO ADDRESS COMPETENCY DEVELOP- 7 MENT, ACCOUNTABILITY AND COMMUNITY PROTECTION, TO PROVIDE THAT NO JUVENILE 8 SHALL REMAIN IN THE CUSTODY OF THE DEPARTMENT BEYOND THE JUVENILE'S 9 TWENTY-FIRST BIRTHDAY AND TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES 10 IMPLEMENTING THE CUSTODY REVIEW BOARD AND THE OPERATIONS AND PROCEDURES OF 11 THE BOARD; AMENDING SECTION 20-532, IDAHO CODE, TO PROVIDE THAT A JUVENILE 12 OFFENDER COMMITTED TO A SECURE FACILITY SHALL REMAIN UNTIL THE OFFENDER 13 REACHES NINETEEN YEARS OF AGE, IS RETAINED FOR EXTENDED CUSTODY OR IS 14 RELEASED OR DISCHARGED AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING 15 AN EFFECTIVE DATE. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 20 is within the purview of the act, the court shall then hold a sentencing hear- 21 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 22 tence that will promote accountability, competency development and community 23 protection. Prior to the entry of an order disposing of the case, other than 24 an order of discharge or dismissal, the court shall request and shall receive 25 a report containing the results of an inquiry into the home environment, past 26 history, competency development, prevention or out of home placement services 27 provided, and the social, physical and mental condition of the juvenile. The 28 court shall not consider or review the report prior to the entry of an order 29 of adjudication. Upon presentation and consideration of the report by the 30 court, the court may proceed to sentence the juvenile as follows: 31 (a) Place the juvenile on formal probation for a period not to exceed 32 three (3) years from the date of the order, except the court may place a 33 juvenile on formal probation for a period not to exceed the juvenile's 34 twenty-first birthday if the court finds that the juvenile has committed a 35 crime of a sexual nature; 36 (b) Sentence the juvenile to detention pursuant to this act for a period 37 not to exceed thirty (30) days for each act, omission or status which is 38 prohibited by the federal, state, local or municipal law or ordinance by 39 reason of minority only. The sentence shall not be executed unless the 40 act, omission or status is in violation of section 922(x) of title 18, 41 United States Code, or the court finds that the juvenile has violated the 42 court's decree imposing the sentence as provided below. 43 If the court, after notice and hearing, finds that a juvenile has 2 1 violated the court's decree imposing the sentence under circumstances that 2 bring the violation under the valid court order exception of the federal 3 juvenile justice and delinquency prevention act of 1974, as amended, the 4 court may commit the juvenile to detention for the period of detention 5 previously imposed at sentencing; 6 (c) Commit the juvenile to a period of detention, pursuant to this act, 7 for a period of time not to exceed ninety (90) days for each unlawful or 8 criminal act the juvenile is found to have committed, if the unlawful or 9 criminal act would be a misdemeanor if committed by an adult, or where the 10 juvenile has been adjudicated as an habitual status offender; 11 (d) If the juvenile has committed an unlawful or criminal act which would 12 be a felony if committed by an adult, the court may commit the juvenile to 13 detention for a period not to exceed one hundred eighty (180) days for 14 each unlawful or criminal act; 15 (e) Whenever a court commits a juvenile to a period of detention it shall 16 notify the school district where the detention facility is located. No 17 juvenile who is found to come within the purview of the act for the com- 18 mission of a status offense shall be sentenced to detention in a jail 19 facility unless an adjudication has been made that the juvenile is an 20 habitual status offender; 21 (f) Commit the juvenile to detention and suspend the sentence on specific 22 probationary conditions; 23 (g) The court may suspend or restrict the juvenile's driving privileges 24 for such periods of time as the court deems necessary, and the court may 25 take possession of the juvenile's driver's license. The juvenile may 26 request restricted driving privileges during a period of suspension, which 27 the court may allow if the juvenile shows by a preponderance of evidence 28 that driving privileges are necessary for his employment or for family 29 health needs; 30 (h) The court may order that the juvenile be examined or treated by a 31 physician, surgeon, psychiatrist or psychologist, or that he receive other 32 special care, or that he submit to an alcohol or drug evaluation, if 33 needed, and for such purposes may place the juvenile in a hospital or 34 other suitable facility; 35 (i) In support of an order under the provisions of this section, the 36 court may make an additional order setting forth reasonable conditions to 37 be complied with by the parents, the juvenile, his legal guardian or cus- 38 todian, or any other person who has been made a party to the proceedings, 39 including, but not limited to, restrictions on visitation by the parents 40 or one (1) parent, restrictions on the juvenile's associates, occupation 41 and other activities, and requirements to be observed by the parents, 42 guardian or custodian; 43 (j) The court may make any other reasonable order which is in the best 44 interest of the juvenile or is required for the protection of the public, 45 except that no person under the age of eighteen (18) years may be commit- 46 ted to jail, prison or a secure facility which does not meet the standards 47 set forth in section 20-518, Idaho Code, unless jurisdiction over the 48 individual is in the process of being waived or has been waived pursuant 49 to section 20-508 or 20-509, Idaho Code. The court may combine several of 50 the above-listed modes of disposition where they are compatible; 51 (k) An order under the provisions of this section for probation or place- 52 ment of a juvenile with an individual or an agency may provide a schedule 53 for review of the case by the court; 54 (l) Order the proceeding expanded or altered to include consideration of 55 the cause pursuant to chapter 16, title 16, Idaho Code; 3 1 (m) Order the case and all documents and records connected therewith 2 transferred to the magistrate division of the district court for the 3 county where the juvenile and/or parents reside if different than the 4 county where the juvenile was charged and found to have committed the 5 unlawful or criminal act, for the entry of a dispositional order; 6 (n) Order such other terms, conditions, care or treatment as appears to 7 the court will best serve the interests of the juvenile and the community; 8 (o) The court shall assess a twenty dollar ($20.00) detention/probation 9 training academy fee against the juvenile for every petition filed where 10 there has been an adjudication that the juvenile is within the purview of 11 this chapter. All moneys raised pursuant to this subsection shall be 12 transmitted by the court for deposit in the juvenile corrections fund 13 which is created in section 20-542, Idaho Code; 14 (p) Additionally, the court shall assess a fee of sixty cents (60) per 15 hour of community service against the juvenile for every petition filed 16 where there has been an adjudication that the juvenile is within the pur- 17 view of this chapter and the court is ordering community service. Such 18 fee is to be remitted by the court to the state insurance fund for pur- 19 poses of providing worker's compensation insurance for persons performing 20 community service pursuant to this chapter; 21 (q) Commit the juvenile to the legal custody of the department of juve- 22 nile corrections for an indeterminate period of time not to exceed the 23 juvenile'stwenty-firstnineteenth birthday, unless, in the opinion of the 24 custody review board, extendedjurisdictiontime in custody is necessary 25 tocomplete theaddress competency development,andaccountability,goals26of theand community protection; provided however, that no juvenile shall 27 remain in the custody of the department beyond the juvenile's twenty-first 28 birthday. The department shall adopt rules implementing the custody review 29 board and the operations and procedures of such board; 30 (r) Notwithstanding any other provision of this section, a court may not 31 commit a juvenile offender under the age of ten (10) years to a period of 32 detention or to the custody of the department of juvenile corrections for 33 placement in secure confinement. 34 (2) When an order is entered pursuant to this section, the juvenile shall 35 be transported to the facility or program so designated by the court or the 36 department, as applicable, by the sheriff of the county where the juvenile 37 resides or is committed, or by an appointed agent. When committing a juvenile 38 to the department, or another entity, the court shall at once forward to the 39 department or entity a certified copy of the order of commitment. 40 (3) Unless the court determines that an order of restitution would be 41 inappropriate or undesirable, it shall order the juvenile or his parents or 42 both to pay restitution to or make whole any victim who suffers an economic 43 loss as a result of the juvenile's conduct in accordance with the standards 44 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 45 restitution which may be ordered by the court shall not be subject to the lim- 46 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 47 prior to any other court-ordered payments unless the court specifically orders 48 otherwise. 49 (4) Any parent, legal guardian or custodian violating any order of the 50 court entered against the person under the provisions of this chapter shall be 51 subject to contempt proceedings under the provisions of chapter 6, title 7, 52 Idaho Code. 53 SECTION 2. That Section 20-532, Idaho Code, be, and the same is hereby 54 amended to read as follows: 4 1 20-532. TERM OF COMMITMENT -- REVIEW AFTER COMMITMENT. A juvenile 2 offender committed to a secure facility shall remain until the offender 3 reachesage twenty-onenineteen (219) years of age, is retained for extended 4 custody pursuant to section 20-520(1)(q), Idaho Code, or is released or dis- 5 charged. A juvenile offender committed to a secure facility shall appear 6 before the department within ninety (90) days after commitment, for review of 7 treatment plans. 8 SECTION 3. This act shall be in full force and effect on and after Janu- 9 ary 1, 2003.
STATEMENT OF PURPOSE RS 12102 Current law allows commitment of juvenile offenders to the Idaho Department of Juvenile Corrections for an indeterminate period of time not to exceed age 21. The department also receives committed juveniles as young as 10 years old. Experience has shown that it is very difficult to find placements for the 18-20 year-old age group. Treatment is much less effective at that age and often very hard to find. This bill proposes two things first, to reduce the maximum age for commitment to age nineteen. However, there are concerns that some juveniles in this population and who are still in state custody may present a greater risk to community safety than others. Second, this bill proposes creation of a custody review board to better handle the 19-20 year old population. Juveniles still in custody at nineteen, and who might need additional review of their progress can be brought to the Custody Review Board. If the Custody Review Board decides that it is appropriate the juvenile may stay in custody beyond nineteen but no longer than age twenty-one. FISCAL STATEMENT There are currently 11 boys and 2 girls in custody of the Idaho Department of Juvenile Corrections 19-20 years of age. If age 19 becomes the maximum age for confinement with oversight by the Custody Review Board DJC, estimates show that between 6-9 fewer juveniles would be in custody per year. 6 to 9 fewer juveniles per year would eventually result in a saving of between $360,000 and $540,000 based on an allocated cost per day per juvenile of $164 in Contract Providers. 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, Dept. of Juvenile Corrections Phone: (208) 334-5100 STATEMENT OF PURPOSE/FISCAL NOTE S 1460