2003 Legislation
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HOUSE BILL NO. 219 – Juvenile probation serv, criteria


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Daily Data Tracking History

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,
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 219
  1                                        AN ACT
  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:
  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
  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-
 23    ating procedures for 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 / Fiscal Impact

                       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
                          FISCAL IMPACT

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

STATEMENT OF PURPOSE/FISCAL NOTE                      H 219