2002 Legislation
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SENATE BILL NO. 1460 – Juvenile, custody review bd, time

SENATE BILL NO. 1460

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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's twenty-first nineteenth birthday, unless, in the opinion of the
 24        custody review board, extended jurisdiction time in custody  is  necessary
 25        to  complete the address competency development, and accountability, goals
 26        of the and 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    reaches  age  twenty-one nineteen (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 / Fiscal Impact


                    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