2003 Legislation
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HOUSE BILL NO. 51 – Juvenile, committed, term/condition


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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
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Jud

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 51
                                       BY MR. SPEAKER
                      Requested by: Department of Juvenile Corrections
  1                                        AN ACT
  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
 22        three four (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
  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
  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 / Fiscal Impact

                     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. 

Name:        Brent D. Reinke
Agency:      Juvenile Corrections, Dept. of
Phone:       334-5100 ext. 254

Statement of Purpose/Fiscal Impact                                                  H 5