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H0051...........................................................by MR. SPEAKER
Requested by: Department of Juvenile Corrections
JUVENILES - Amends existing law relating to sentencing of juveniles to specify
a length of term and conditions governing juveniles committed to the
department.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 51 BY MR. SPEAKER Requested by: Department of Juvenile Corrections 1 AN ACT 2 RELATING TO SENTENCING OF JUVENILE OFFENDERS; AMENDING SECTION 20-520, IDAHO 3 CODE, TO SPECIFY A LENGTH OF TERM AND CONDITIONS GOVERNING JUVENILES COM- 4 MITTED TO THE DEPARTMENT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 9 is within the purview of the act, the court shall then hold a sentencing hear- 10 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 11 tence that will promote accountability, competency development and community 12 protection. Prior to the entry of an order disposing of the case, other than 13 an order of discharge or dismissal, the court may request and, if requested, 14 shall receive a report containing the results of an inquiry into the home 15 environment, past history, competency development, prevention or out of home 16 placement services provided, and the social, physical and mental condition of 17 the juvenile. The court shall not consider or review the report prior to the 18 entry of an order of adjudication. Upon presentation and consideration of the 19 report by the court, the court may proceed to sentence the juvenile as fol- 20 lows: 21 (a) Place the juvenile on formal probation for a period not to exceed 22threefour (34) years from the date of the order, except the court may 23 place a juvenile on formal probation for a period not to exceed the 24 juvenile's twenty-first birthday if the court finds that the juvenile has 25 committed a crime of a sexual nature. If the juvenile is committed to the 26 department of juvenile corrections, probation shall run concurrent with 27 the period of commitment; 28 (b) Sentence the juvenile to detention pursuant to this act for a period 29 not to exceed thirty (30) days for each act, omission or status which is 30 prohibited by the federal, state, local or municipal law or ordinance by 31 reason of minority only. The sentence shall not be executed unless the 32 act, omission or status is in violation of section 922(x) of title 18, 33 United States Code, or the court finds that the juvenile has violated the 34 court's decree imposing the sentence as provided below. 35 If the court, after notice and hearing, finds that a juvenile has 36 violated the court's decree imposing the sentence under circumstances that 37 bring the violation under the valid court order exception of the federal 38 juvenile justice and delinquency prevention act of 1974, as amended, the 39 court may commit the juvenile to detention for the period of detention 40 previously imposed at sentencing; 41 (c) Commit the juvenile to a period of detention, pursuant to this act, 42 for a period of time not to exceed ninety (90) days for each unlawful or 43 criminal act the juvenile is found to have committed, if the unlawful or 2 1 criminal act would be a misdemeanor if committed by an adult, or where the 2 juvenile has been adjudicated as an habitual status offender; 3 (d) If the juvenile has committed an unlawful or criminal act which would 4 be a felony if committed by an adult, the court may commit the juvenile to 5 detention for a period not to exceed one hundred eighty (180) days for 6 each unlawful or criminal act; 7 (e) Whenever a court commits a juvenile to a period of detention it shall 8 notify the school district where the detention facility is located. No 9 juvenile who is found to come within the purview of the act for the com- 10 mission of a status offense shall be sentenced to detention in a jail 11 facility unless an adjudication has been made that the juvenile is an 12 habitual status offender; 13 (f) Commit the juvenile to detention and suspend the sentence on specific 14 probationary conditions; 15 (g) The court may suspend or restrict the juvenile's driving privileges 16 for such periods of time as the court deems necessary, and the court may 17 take possession of the juvenile's driver's license. The juvenile may 18 request restricted driving privileges during a period of suspension, which 19 the court may allow if the juvenile shows by a preponderance of evidence 20 that driving privileges are necessary for his employment or for family 21 health needs; 22 (h) The court may order that the juvenile be examined or treated by a 23 physician, surgeon, psychiatrist or psychologist, or that he receive other 24 special care, or that he submit to an alcohol or drug evaluation, if 25 needed, and for such purposes may place the juvenile in a hospital or 26 other suitable facility; 27 (i) In support of an order under the provisions of this section, the 28 court may make an additional order setting forth reasonable conditions to 29 be complied with by the parents, the juvenile, his legal guardian or cus- 30 todian, or any other person who has been made a party to the proceedings, 31 including, but not limited to, restrictions on visitation by the parents 32 or one (1) parent, restrictions on the juvenile's associates, occupation 33 and other activities, and requirements to be observed by the parents, 34 guardian or custodian; 35 (j) The court may make any other reasonable order which is in the best 36 interest of the juvenile or is required for the protection of the public, 37 except that no person under the age of eighteen (18) years may be commit- 38 ted to jail, prison or a secure facility which does not meet the standards 39 set forth in section 20-518, Idaho Code, unless jurisdiction over the 40 individual is in the process of being waived or has been waived pursuant 41 to section 20-508 or 20-509, Idaho Code. The court may combine several of 42 the above-listed modes of disposition where they are compatible; 43 (k) An order under the provisions of this section for probation or place- 44 ment of a juvenile with an individual or an agency may provide a schedule 45 for review of the case by the court; 46 (l) Order the proceeding expanded or altered to include consideration of 47 the cause pursuant to chapter 16, title 16, Idaho Code; 48 (m) Order the case and all documents and records connected therewith 49 transferred to the magistrate division of the district court for the 50 county where the juvenile and/or parents reside if different than the 51 county where the juvenile was charged and found to have committed the 52 unlawful or criminal act, for the entry of a dispositional order; 53 (n) Order such other terms, conditions, care or treatment as appears to 54 the court will best serve the interests of the juvenile and the community; 55 (o) The court shall assess a twenty dollar ($20.00) detention/probation 3 1 training academy fee against the juvenile for every petition filed where 2 there has been an adjudication that the juvenile is within the purview of 3 this chapter. All moneys raised pursuant to this subsection shall be 4 transmitted by the court for deposit in the juvenile corrections fund 5 which is created in section 20-542, Idaho Code; 6 (p) Additionally, the court shall assess a fee of sixty cents (60) per 7 hour of community service against the juvenile for every petition filed 8 where there has been an adjudication that the juvenile is within the pur- 9 view of this chapter and the court is ordering community service. Such 10 fee is to be remitted by the court to the state insurance fund for pur- 11 poses of providing worker's compensation insurance for persons performing 12 community service pursuant to this chapter; 13 (q) Commit the juvenile to the legal custody of the department of juve- 14 nile corrections for an indeterminate period of time not to exceed the 15 juvenile's nineteenth birthday, unless, in the opinion of the custody 16 review board, extended time in custody is necessary to address competency 17 development, accountability, and community protection; provided however, 18 that no juvenile shall remain in the custody of the department beyond the 19 juvenile's twenty-first birthday. The department shall adopt rules imple- 20 menting the custody review board and operations and procedures of such 21 board; 22 (r) Notwithstanding any other provision of this section, a court may not 23 commit a juvenile offender under the age of ten (10) years to a period of 24 detention or to the custody of the department of juvenile corrections for 25 placement in secure confinement. 26 (2) When an order is entered pursuant to this section, the juvenile shall 27 be transported to the facility or program so designated by the court or the 28 department, as applicable, by the sheriff of the county where the juvenile 29 resides or is committed, or by an appointed agent. When committing a juvenile 30 to the department, or another entity, the court shall at once forward to the 31 department or entity a certified copy of the order of commitment. 32 (3) Unless the court determines that an order of restitution would be 33 inappropriate or undesirable, it shall order the juvenile or his parents or 34 both to pay restitution to or make whole any victim who suffers an economic 35 loss as a result of the juvenile's conduct in accordance with the standards 36 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 37 restitution which may be ordered by the court shall not be subject to the lim- 38 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 39 prior to any other court-ordered payments unless the court specifically orders 40 otherwise. 41 (4) The court may order the juvenile's parents, legal guardian or custo- 42 dian to pay the charges imposed by community programs ordered by the court for 43 the juvenile, or the juvenile's parents, legal guardian or custodian. 44 (5) Any parent, legal guardian or custodian violating any order of the 45 court entered against the person under the provisions of this chapter shall be 46 subject to contempt proceedings under the provisions of chapter 6, title 7, 47 Idaho Code.
STATEMENT OF PURPOSE
RS 12326
Amend section 20-520(1)(a) to clarify the date when a juvenile's
formal probation term begins and extend probation time from three
to four years. Current practice interprets the law in different
ways, creating uncertainty in planning for juvenile's release from
the Idaho Department of Juvenile Corrections.
FISCAL IMPACT
This proposed amendment should not yield anything other than a very
minimal fiscal impact on the juvenile probation departments of a
few counties in Idaho. If court elects to place a juvenile on
probation for 4 years instead of the 3 previously allowed, the
probation department would have to follow that juvenile a longer
period of time. This, however, would be a judicial decision. There
is no foreseeable fiscal impact on the state General Fund.
CONTACT
Name: Brent D. Reinke
Agency: Juvenile Corrections, Dept. of
Phone: 334-5100 ext. 254
Statement of Purpose/Fiscal Impact H 5