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S1095...................................................by JUDICIARY AND RULES
JUVENILES - STATUS OFFENDERS - Amends existing law to define "status offense";
to revise provisions relating to placements of juveniles; to provide for the
apprehension and detention of status offenders; to provide that the court may
utilize certain dispositional alternatives; to provide that certain juveniles
shall not be placed in county jails or committed to the Idaho Department of
Juvenile Corrections; and to provide that juveniles who violate curfew may be
placed in juvenile detention centers only under certain conditions.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - 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 - Richardson
Title apvd - to House
02/25 House intro - 1st rdg - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1095
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-502, IDAHO CODE,
3 TO DEFINE "STATUS OFFENSE" AND "STATUS OFFENDER" AND TO MAKE A TECHNICAL
4 CORRECTION; AMENDING SECTION 20-516, IDAHO CODE, TO REFERENCE A CODE SEC-
5 TION PROVIDING FOR THE APPREHENSION, DETENTION AND RELEASE OF STATUS
6 OFFENDERS, TO PROVIDE AN EXCEPTION FOR JUVENILE STATUS OFFENDERS, TO
7 REVISE PROVISIONS RELATING TO PLACEMENTS OF JUVENILES AND TO PROVIDE
8 CLARIFYING LANGUAGE; AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY THE
9 ADDITION OF A NEW SECTION 20-516A, IDAHO CODE, TO PROVIDE FOR THE APPRE-
10 HENSION AND DETENTION OF STATUS OFFENDERS; AMENDING SECTION 20-521, IDAHO
11 CODE, TO PROVIDE THAT THE COURT MAY UTILIZE CERTAIN DISPOSITIONAL ALTERNA-
12 TIVES AND TO PROVIDE THAT CERTAIN JUVENILES SHALL NOT BE PLACED IN COUNTY
13 JAILS OR COMMITTED TO THE IDAHO DEPARTMENT OF JUVENILE CORRECTIONS; AND
14 AMENDING SECTION 20-549, IDAHO CODE, TO PROVIDE THAT JUVENILES WHO VIOLATE
15 CURFEW MAY BE PLACED IN JUVENILE DETENTION CENTERS ONLY UNDER CERTAIN CON-
16 DITIONS.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 20-502, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 20-502. DEFINITIONS. When used in this chapter, unless the context other-
21 wise requires:
22 (1) "Adult" means a person eighteen (18) years of age or older.
23 (2) "Commit" means to transfer legal custody.
24 (3) "Community-based program" means an in-home confinement program or a
25 nonsecure or staff secure residential or nonresidential program operated to
26 supervise and provide competency development to juvenile offenders in the
27 least restrictive setting, consistent with public safety, operated by the
28 state or under contract with the state or by the county.
29 (4) "Court" means any district court within the state of Idaho, or
30 magistrate's division thereof.
31 (5) "Department" means the state department of juvenile corrections.
32 (6) "Detention" means the temporary placement of juveniles who require
33 secure custody for their own or the community's protection in physically
34 restricting facilities.
35 (7) "Detention center" means a facility established pursuant to sections
36 20-517 and 20-518, Idaho Code.
37 (8) "Director" means the director of the department of juvenile correc-
38 tions.
39 (9) "Diversion" means the utilization of local community resources,
40 churches, counseling for the juvenile and/or family, substance abuse counsel-
41 ing, informal probation, community service work, voluntary restitution, or any
42 other available service or program as an alternative to the filing of a peti-
43 tion with the juvenile court.
2
1 (10) "Judge" means a district judge or a magistrate.
2 (11) "Juvenile" means a person less than eighteen (18) years of age or who
3 was less than eighteen (18) years of age at the time of any act, omission or
4 status bringing the person within the purview of this chapter.
5 (12) "Juvenile corrections center" means any state-operated secure facil-
6 ity wherever located.
7 (13) "Juvenile offender" means a person under the age of eighteen (18)
8 years, committed by the court to the custody, care and jurisdiction of the
9 department for confinement in a secure or community-based facility following
10 adjudication for a delinquent act which would constitute a felony or misde-
11 meanor if committed by an adult.
12 (14) "Legal custody" means the relationship created by the court's decree
13 which imposes upon the custodian responsibilities of physical possession of
14 the juvenile, the duty to protect, train and discipline him and to provide him
15 with food, shelter, education and ordinary medical care.
16 (15) "Legal guardian" means a person appointed as guardian of a minor
17 under the laws of Idaho. For the purposes of this chapter, legal guardian
18 does not include and shall not be construed to include the owner, operator or
19 the agent of an owner or operator of a detention center, observation and
20 assessment center, secure facility, residential facility or other facility
21 having temporary or long-term physical custody of the juvenile offender.
22 (16) "Observation and assessment program" means any state-operated or pur-
23 chased service program responsible for temporary custody of juvenile offenders
24 for observation and assessment.
25 (17) "Secure facility" means any architecturally secure state-operated
26 facility or facility operated under contract with the state which provides
27 twenty-four (24) hour supervision and confinement for juvenile offenders com-
28 mitted to the custody of the department.
29 (18) "Staff secure facility" means a residential facility with awake staff
30 twenty-four (24) hours a day, seven (7) days a week for intensive supervision
31 of juveniles.
32 (19) "Status offender" means a person who commits a status offense.
33 (20) "Status offense" means an act, omission or status that is prohibited
34 by federal, state, local or municipal law or ordinance by reason of minority
35 only, regardless of where the same occurred.
36 (21) "Work program" means a public service work project which employs
37 juvenile offenders at a reasonable wage for the purpose of reimbursing victims
38 of the juvenile offender's delinquent behavior.
39 SECTION 2. That Section 20-516, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 20-516. APPREHENSION AND RELEASE OF JUVENILES -- DETENTION. (1) A peace
42 officer may take a juvenile into custody, or a private citizen may detain a
43 juvenile until the juvenile can be delivered forthwith into the custody of a
44 peace officer, without order of the court:
45 (a) When he has reasonable cause to believe that the juvenile has commit-
46 ted an act which would be a misdemeanor or felony if committed by an
47 adult; or
48 (b) When in the presence of a peace officer or private citizen the juve-
49 nile has violated any local, state or federal law or municipal ordinance;
50 or
51 (c) When there are reasonable grounds to believe the juvenile has commit-
52 ted a status offense. Status offenses are truancy, running away from or
53 being beyond the control of parents, guardian, or legal custodian and cur-
3
1 few violations. Status offenders shall not be placed in any jail facility
2 but instead may be placed in juvenile shelter care facilities, except in
3 the case of runaways, when there is a specific detention request from a
4 foreign jurisdiction to hold the juvenile pending transportation arrange-
5 ments.
6 (2) A peace officer may take a juvenile into custody upon a written order
7 or warrant signed by a judge. The judge may issue the order or warrant after
8 finding that there is reasonable cause to believe that the juvenile comes
9 within the purview of this chapter. Such taking into custody shall not be
10 deemed an arrest. Jurisdiction of the court shall attach from the time the
11 juvenile is taken into custody. When an officer takes a juvenile into custody,
12 he shall notify the parent, guardian or custodian of the juvenile as soon as
13 possible. Unless otherwise ordered by the court, or unless it appears to the
14 officer taking the juvenile into custody that it is contrary to the welfare of
15 society or the juvenile, such juvenile shall be released to the custody of his
16 parent or other responsible adult upon written promise, signed by such person,
17 to bring the juvenile to the court at a stated time. Such written promise
18 shall be submitted to the court as soon as possible. If such person shall fail
19 to produce the juvenile as agreed, or upon notice from the court, a summons
20 for such person may be issued by the court and a warrant may be issued for
21 apprehension of the juvenile.
22 (3) A juvenile taken into custody may be fingerprinted and photographed.
23 Any fingerprints and photographs taken shall be forwarded as provided in sub-
24 section (89) of this section. If the court finds good cause it may order any
25 fingerprints and photographs expunged.
26 (4) The apprehension, detention and release of status offenders shall be
27 governed by section 20-516A, Idaho Code.
28 (5) When a juvenile, other than a juvenile status offender, is not
29 released he shall be taken forthwith to the court or place of detention speci-
30 fied by the court and then not later than twenty-four (24) hours, excluding
31 Saturdays, Sundays and holidays, shall be brought before the court for a
32 detention hearing to determine where the juvenile will be placed until the
33 next hearing. Status offenders shall not be placed in any jail facility, but
34 instead may be placed in juvenile shelter care facilities.
35 Placements may include, but are not limited to, the following:
36 (a) Parents of the juvenile;
37 (b) Relatives of the juvenile;
38 (c) Foster care;
39 (d) Group care; or
40 (e) A juvenile detention facility; or
41 (f) Community-based diversion programs.
42 (56) The person in charge of a juvenile detention facility shall give
43 immediate notice to the court that the juvenile is in his custody.
44 (67) No juvenile shall be held in detention longer than twenty-four (24)
45 hours, exclusive of Saturdays, Sundays and holidays, unless a petition has
46 been filed and the court has signed the detention order.
47 (78) As soon as a juvenile is detained by court order, his parents,
48 guardian or legal custodian shall be informed by notice in writing on forms
49 prescribed by the court that they may have a prompt hearing regarding release
50 or detention.
51 (89) A juvenile taken into detention for an offense shall be
52 fingerprinted and photographed. Fingerprints and photographs taken of juve-
53 niles shall be forwarded to the appropriate law enforcement agency and filed
54 with the bureau of criminal identification of the Idaho state police which
55 shall create a juvenile fingerprint file and enter the fingerprint data into
4
1 the automated fingerprint identification system. The fingerprint data shall
2 then be forwarded to the department to be maintained in a statewide juvenile
3 offender information system. Access to the information in the juvenile
4 offender system shall be controlled by the department, subject to the provi-
5 sions of section 9-342, Idaho Code. If the court finds good cause it may order
6 the fingerprints and photographs of the juvenile expunged.
7 (910) Peace officers' records of juveniles shall be kept separate from
8 records of adults and shall be subject to disclosure according to chapter 3,
9 title 9, Idaho Code.
10 SECTION 3. That Chapter 5, Title 20, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 20-516A, Idaho Code, and to read as follows:
13 20-516A. STATUS OFFENDERS -- APPREHENSION AND DETENTION. (1) A peace
14 officer may take a juvenile into custody, or a private citizen may detain a
15 juvenile until the juvenile can be delivered into the custody of a peace offi-
16 cer, without order of the court when there are reasonable grounds to believe
17 the juvenile has committed a status offense. Status offenders who have been
18 taken into custody but who have not been before the court shall not be placed
19 in a juvenile detention facility longer than twenty-four (24) hours, excluding
20 Saturdays, Sundays and holidays. The juvenile shall be brought before the
21 court within the same twenty-four (24) hour period, excluding Saturdays, Sun-
22 days and holidays, to determine where the juvenile will be placed until the
23 next hearing. Placements may include, but are not limited to, the following:
24 (a) Parents of the juvenile;
25 (b) Relatives of the juvenile;
26 (c) Foster care; or
27 (d) Group care.
28 (2) If it is determined by the court at the hearing held pursuant to sub-
29 section (1) of this section that the juvenile has violated a valid court order
30 as provided in section 20-520(1)(b), Idaho Code, the court may commit the
31 juvenile to detention for a period of time previously imposed at sentencing.
32 No status offender shall be sentenced to serve time in a county jail or be
33 committed to the department of juvenile corrections.
34 (3) A runaway from a foreign jurisdiction may be held in a juvenile
35 detention facility as permitted by the interstate compact on juveniles, as set
36 forth in chapter 19, title 16, Idaho Code. The detention status of the runaway
37 shall be reviewed every forty-eight (48) hours until the runaway is trans-
38 ported to the foreign jurisdiction.
39 SECTION 4. That Section 20-521, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 20-521. HABITUAL STATUS OFFENDER. Any juvenile who has been adjudicated
42 for commission of two (2) status offenses within twelve (12) months may be
43 charged, petitioned and adjudicated as an habitual status offender for the
44 third status offense committed within that twelve (12) month period.
45 The court may utilize any dispositional alternative for an habitual status
46 offender that is detailed in section 20-520, Idaho Code, including the
47 dispositional alternative provided in section 20-520(1)(c), Idaho Code, when
48 the juvenile has been adjudicated as an habitual status offender, except that
49 the juvenile shall not be placed in a county jail and shall not be committed
50 to the Idaho department of juvenile corrections. center.
5
1 SECTION 5. That Section 20-549, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 20-549. CURFEW VIOLATIONS -- CITATION -- NOTIFICATION. Violation by a
4 juvenile of a curfew established by a municipal or county ordinance shall be
5 punishable by a fine not to exceed three hundred dollars ($300), detention, or
6 both. Fines shall be deposited in the county juvenile justice fund of the
7 county where the violation occurred, or if such a fund has not been estab-
8 lished, then in the current county expense account for juvenile corrections
9 purposes in the county where the violation occurred. The imposition of deten-
10 tion shall be subject to the provisions of sections 20-520(1)(b) and 20-521,
11 Idaho Code. Detention of a juvenile in a county jail for violation of a curfew
12 is prohibited, nor shall a juvenile be placed in a juvenile detention center
13 for violation of a curfew except as provided in section 20-520(1)(b), Idaho
14 Code, or where the juvenile has been adjudicated as an habitual status
15 offender and sentenced pursuant to section 20-520(1)(c), Idaho Code.
16 Any peace officer may issue a citation for violation of a curfew that
17 shall thereafter proceed under the juvenile corrections act in the same manner
18 as though the violation was charged by a petition. Citations shall be issued
19 on the Idaho uniform citation form. The peace officer issuing a curfew cita-
20 tion may detain the violator and at the time the citation is issued shall make
21 a reasonable effort to obtain the endorsement of the juvenile's parent or
22 legal guardian on the citation. If the endorsement of a parent or legal guard-
23 ian cannot be obtained with the exercise of reasonable diligence, a copy of
24 the citation shall be hand delivered or mailed to the juvenile's parent or
25 legal guardian by a peace officer at least seven (7) days prior to the date
26 set for the juvenile's appearance. The citation shall provide a date certain
27 for the appearance before a magistrate of the juvenile and parent or legal
28 guardian.
29 When sentencing a juvenile for violating a curfew, the court may also
30 enter any order authorized in section 20-520, Idaho Code, except that the
31 juvenile shall not be placed in a juvenile detention center unless sentenced
32 pursuant to section 20-520(1)(b), Idaho Code, or where the juvenile has been
33 adjudicated as an habitual status offender and sentenced pursuant to section
34 20-520(1)(c), Idaho Code. The court shall have jurisdiction over the parent or
35 legal guardian of the violator pursuant to section 20-522, Idaho Code.
STATEMENT OF PURPOSE
RS 12880
Amend Juvenile Corrections Act, 20-502, 20-516, 20-521, 20-549;
and add section 20-516A, regarding secure detention of status
offenders in the Juvenile Corrections Act. Change is needed to make
Idaho statutes consistent and to keep Idaho in compliance with
requirements of the federal Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
FISCAL IMPACT
These modifications in the Juvenile Corrections Act should
minimally affect local governments by decreasing the number of
juveniles they might otherwise detain. Violations of federal law
place Idaho out of compliance with requirements of the act cited
above, and, as a result, the state and counties could experience a
negative fiscal benefit by losing federal funds that are directly
linked to keeping status offenders out of secure detention.
CONTACT
Name: Brent D. Reinke
Agency: Idaho Department of Juvenile Corrections
Phone: 334-5100 ext. 254
STATEMENT OF PURPOSE/FISCAL NOTE S 109