View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0219................................by JUDICIARY, RULES AND ADMINISTRATION JUVENILE PROBATION - Amends existing law to remove language requiring the Department of Juvenile Corrections to establish criteria and operating procedures for county juvenile probation services. 02/10 House intro - 1st rdg - to printing 02/11 Rpt prt - to 2nd rdg 02/12 2nd rdg - to 3rd rdg 02/13 3rd rdg - PASSED - 68-0-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bieter, Jones Floor Sponsor - Clark Title apvd - to Senate 02/14 Senate intro - 1st rdg - to Jud 02/20 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai(Ellis), Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Noble Floor Sponsor - Marley Title apvd - to House 02/25 To enrol 02/26 Rpt enrol - Sp signed 02/27 Pres signed 02/28 To Governor 03/05 Governor signed Session Law Chapter 35 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 219 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING SECTION 20-504, 3 IDAHO CODE, TO REMOVE LANGUAGE REQUIRING THE DEPARTMENT TO ESTABLISH CRI- 4 TERIA AND OPERATING PROCEDURES FOR COUNTY JUVENILE PROBATION SERVICES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 20-504, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 9 ment shall have jurisdiction over all juveniles committed to it pursuant to 10 chapter 5, title 20, Idaho Code. 11 (2) The department is responsible for all juvenile offenders committed to 12 it by the courts of this state for confinement. The department shall also 13 establish minimum standards for detention, care and certification of approved 14 detention facilities based upon such standards. 15 (3) The department shall establish and administer all secure residential 16 facilities including all state juvenile corrections centers. 17 (4) The department shall make all decisions regarding placement of juve- 18 nile offenders committed to it in the most appropriate program for supervision 19 and treatment. 20 (5) The department shall establish an observation and assessment process 21 for juvenile offenders committed to it by a court. 22 (6) The department shall establish liaison services with the counties. 23 (7) The department may establish and operate work programs designed to 24 employ juvenile offenders in public service work projects for the purpose of 25 reimbursing victims of the juvenile offender's delinquent behavior. 26 (8) The department is hereby authorized and may place juveniles committed 27 to it pursuant to this chapter in a community-based program, on a ranch, in a 28 forestry camp or similar facility for care and for work, if possible; pro- 29 vided, that the person, agency or association operating the facility has been 30 approved and has otherwise complied with all applicable state and local laws. 31 A juvenile placed in a forestry camp or similar facility may be required to 32 work on fire prevention, forestation and reforestation, recreational works, 33 forest roads and on other works on or off the grounds of such facility and may 34 be paid wages. 35 (9) The department shall establish minimum standards for the operation of 36 all private residential and nonresidential facilities and programs which pro- 37 vide services to juvenile offenders. The standards shall be no more stringent 38 than standards imposed for facilities operated by the department or for deten- 39 tion facilities operated by counties. 40 (10) The department shall assist counties in establishing meaningful pro- 41 grams for juveniles who either have been found to come under the purview of 42 this chapter or who have had their case informally diverted pursuant to sec- 43 tion 20-511, Idaho Code, and who have not been committed to the legal custody 2 1 of the department. 2 (11) The department shall have authority to adopt such administrative 3 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 4 as are deemed necessary or appropriate for the functioning of the department 5 and the implementation and administration of this act. 6 (12) Subject to any competitive bidding requirements otherwise provided by 7 law, the department shall have authority to enter into contracts with a pri- 8 vate association or organization or other public agency or organization for 9 the inspection and licensure of detention facilities. 10 (13) Subject to any competitive bidding requirements otherwise provided by 11 law, the department shall have authority to enter into contracts with private 12 providers or local governmental agencies for the confinement or other perma- 13 nent or temporary placement of juveniles committed to its custody. 14 (14) The department shall have authority to apply for, receive and expend 15 federal funds, subject to appropriation by the legislature. The department 16 shall have authority to establish guidelines for and administer the distribu- 17 tion of state block grant funds to counties for the employment and training of 18 county probation officers, the establishment of secure and nonsecure residen- 19 tial or nonresidential facilities and programs for juvenile offenders. The 20 department may require that a county provide matching funds as a condition of 21 receiving a block grant. The department, by rule, in cooperation with the 22 courts and the counties, shall establish uniform standards, criteria and oper-23ating proceduresfor county juvenile probation services, as well as qualifica- 24 tions for and standards for the training of juvenile probation officers. 25 (15) All of the powers and duties imposed upon or granted to the director 26 of the department of health and welfare or the board of health and welfare 27 pursuant to chapter 18, title 16, Idaho Code, are hereby transferred to the 28 director of the department of juvenile corrections. The director shall have 29 all such powers and duties as may have been or could have been exercised by 30 his predecessors in law with respect to chapter 18, title 16, Idaho Code, and 31 shall be the successor in law to all contractual obligations entered into by 32 his predecessor in law.
STATEMENT OF PURPOSE RS 12900 This legislation amends Juvenile Corrections Act, Section 20- 504(14), Idaho Code to strike the language "criteria and operating procedures." It is not the role of a state agency to determine criteria and operating procedures for county probation departments. FISCAL IMPACT None. Contact Name: Brent D. Reinke, Dept. of Juvenile Corrections Phone: 334-5100, ext. 254 STATEMENT OF PURPOSE/FISCAL NOTE H 219