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S1209................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS - Amends existing law to provide correct code
references to the Juvenile Corrections Act.
01/15 Senate intro - 1st rdg - to printing
01/16 Rpt prt - to Jud
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk, Williams
NAYS -- McKenzie
Absent and excused -- None
Floor Sponsor - Sorensen(Sorensen)
Title apvd - to House
02/06 House intro - 1st rdg - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 63-1-6
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
Deal, Denney, Douglas, 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, Pasley-Stuart,
Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Wood
NAYS -- Barrett
Absent and excused -- Crow, Eberle, Jones, Sali, Schaefer, Mr.
Speaker
Floor Sponsor - Andersen
Title apvd - to Senate
03/01 To enrol
03/02 Rpt enrol - Pres signed
03/03 Sp signed
03/04 To Governor
03/05 Governor signed
Session Law Chapter 23
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1209
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 8-705, IDAHO CODE,
3 TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-113B, IDAHO CODE,
4 TO PROVIDE CORRECT TERMINOLOGY AND CODE REFERENCES; AMENDING SECTIONS
5 18-216 AND 18-1502B, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES;
6 AMENDING SECTION 33-207, IDAHO CODE, TO PROVIDE THAT PARENTS OR GUARDIANS
7 WHO HAVE FAILED, NEGLECTED OR REFUSED TO PLACE A CHILD IN SCHOOL AS
8 REQUIRED SHALL BE SUBJECT TO PROCEEDINGS UNDER THE JUVENILE CORRECTIONS
9 ACT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1404, IDAHO
10 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 33-1406, IDAHO
11 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION;
12 AMENDING SECTION 39-270, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE
13 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 66-318 AND 66-319,
14 IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO MAKE TECHNICAL COR-
15 RECTIONS; AMENDING SECTION 66-320, IDAHO CODE, TO PROVIDE A CORRECT CODE
16 REFERENCE; AMENDING SECTION 66-338, IDAHO CODE, TO DELETE AN OBSOLETE CODE
17 REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
18 67-2907, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 8-705, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 8-705. WAGE ASSIGNMENT FOR SUPPORT AND CARE OF DELINQUENT CHILD. In any
23 proceeding where the court has ordered a parent, legal guardian, or custodian
24 to pay any amount for the care, support or maintenance of a child adjudged to
25 be within the purview of chapter 185, title 1620, Idaho Code, and through the
26 adjudication has rendered a liability upon the parent, legal guardian or cus-
27 todian to pay damages or to pay for the child's support and care, the follow-
28 ing procedure may be utilized for collection. The court may order the parent,
29 legal guardian or custodian to assign a sum as the court may determine to be
30 equitable or as may otherwise be provided by statute or contract to the county
31 clerk, probation officer or other office of the court or county officer desig-
32 nated by the court to receive such payment. The assignment shall be that por-
33 tion of salary or wages of the parent, legal guardian or custodian the court
34 deems would be due in the future to apply on the amount ordered by the court
35 for the care, support or maintenance of the delinquent child or for breach of
36 contract caused by the child's delinquency. The order shall be binding upon an
37 employer and until further order of the court. Any such order may be modified
38 or revoked at any time by the court. Any such assignment made pursuant to
39 court order shall have priority as against any attachment, execution or other
40 assignment, unless otherwise ordered by the court. All sums collected pursuant
41 to the provisions of this section shall be remitted as may be provided by law.
42 SECTION 2. That Section 18-113B, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 18-113B. INCARCERATION OF JUVENILES FOR MISDEMEANOR OR FELONY OFFENSES.
3 (1) Juveniles committing offenses which lie outside the scope of the youth
4 rehabilitation juvenile corrections act, chapter 185, title 1620, Idaho Code,
5 and not charged under section 16-1806 20-508 or 16-1806A 20-509, Idaho Code,
6 may, in the discretion of a court or arresting officer, be placed in a juve-
7 nile detention facility or juvenile shelter care facility rather than in a
8 county jail pending arraignment or trial, if arrested or held on bond. The
9 option of placing a juvenile in such a facility shall not affect the misde-
10 meanor or felony status of the offense.
11 (2) Juveniles committing offenses which lie outside the scope of the
12 youth rehabilitation juvenile corrections act, chapter 185, title 1620, Idaho
13 Code, and not charged under section 16-1806 20-508 or 16-1806A 20-509, Idaho
14 Code, may, in the discretion of the court, be sentenced:
15 (a) To serve time in a juvenile detention facility rather than in a
16 county jail; or
17 (b) To serve time in a community sentencing alternative when a mandatory
18 minimum period of incarceration is not required by statute.
19 The option of placing a juvenile in such a facility shall not affect the
20 misdemeanor or felony status of the offense.
21 SECTION 3. That Section 18-216, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 18-216. CRIMINAL TRIAL OF JUVENILES BARRED -- EXCEPTIONS -- JURISDIC-
24 TIONAL HEARING -- TRANSFER OF DEFENDANT TO DISTRICT COURT. (1) A person shall
25 not be tried for or convicted of an offense if:
26 (a) At the time of the conduct charged to constitute the offense he was
27 less than fourteen (14) years of age; or
28 (b) At the time of the conduct charged to constitute the offense he was
29 less than eighteen (18) but not less than fourteen (14) years of age,
30 unless:
31 1. A court of this state has no jurisdiction over him pursuant to
32 chapter 185, title 1620, Idaho Code, or
33 2. The court having jurisdiction pursuant to chapter 185, title
34 1620, Idaho Code, has entered an order waiving jurisdiction and con-
35 senting to the institution of criminal proceedings against him.
36 (2) No court shall have jurisdiction to try or convict a person of an
37 offense if criminal proceedings against him are barred by subsection (1) of
38 this section. When it appears that a person charged with the commission of an
39 offense may be of such an age that criminal proceedings may be barred under
40 subsection (1) of this section, the court shall hold a hearing thereon, and
41 the burden shall be on the prosecution to establish to the satisfaction of the
42 court that the criminal proceeding is not barred upon such grounds. If the
43 court determines that the proceeding is barred, custody of the person charged
44 shall be surrendered to the court having jurisdiction pursuant to chapter 185,
45 title 1620, Idaho Code, and the case, including all papers and processes
46 relating thereto, shall be transferred.
47 SECTION 4. That Section 18-1502B, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 18-1502B. POSSESSION OF INHALANTS BY MINORS. Whenever a person under the
50 age of eighteen (18) years is in possession and uses an aerosol spray product
3
1 or other inhalant, that is not used pursuant to the instructions or prescrip-
2 tion of a licensed health care provider or that is not used pursuant to the
3 manufacturer's label instructions, for the purpose of becoming under the
4 influence of such substance; such person shall be guilty of a misdemeanor, and
5 upon conviction, may be punished by a fine not in excess of three hundred dol-
6 lars ($300), or by thirty (30) days in a juvenile detention facility or by
7 both or may be subject to the provisions of chapter 185, title 1620, Idaho
8 Code.
9 For the purposes of this section, the term "inhalant" means any glue,
10 cement or other substance containing one (1) or more of the following chemical
11 compounds: acetone and acetate, amyl nitrite or amyl nitrate or their
12 isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their
13 isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride,
14 isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl alcohol,
15 pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their
16 isomers, toluene or xylene or other chemical substance capable of causing a
17 condition of intoxication, inebriation, excitement, stupefaction or the
18 dulling of the brain or nervous system as a result of the inhalation of the
19 fumes or vapors of such chemical substance.
20 SECTION 5. That Section 33-207, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 33-207. PROCEEDINGS AGAINST PARENTS OR GUARDIANS. Whenever it has been
23 determined by the probate court of any county that the parents or guardians of
24 any child between the ages of seven (7) years, as qualified in section 33-202,
25 Idaho Code, and sixteen (16) years, are failing, neglecting have failed,
26 neglected or refusing refused to place the child in school as provided in this
27 chapter or to have the child comparably instructed, or knowingly have allowed
28 a pupil to become an habitual truant, proceedings shall be brought against
29 such parent or guardian under the provisions of the youth rehabilitation law
30 juvenile corrections act.
31 SECTION 6. That Section 33-1404, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 33-1404. DISTRICTS TO RECEIVE PUPILS. Every school district shall receive
34 and admit pupils transferred thereto, where payment of their tuition is to be
35 paid by the home district, or waived by the receiving district, except when
36 any such transfer would work a hardship on the receiving district. Each
37 receiving school district shall be governed by written policy guidelines,
38 adopted by the board of trustees, which define hardship impact upon the dis-
39 trict or upon an individual school within the district. The policy shall pro-
40 vide specific standards for acceptance and rejection of applications for
41 accepting out of district pupils. Standards may include the capacity of a pro-
42 gram, class, grade level or school building. Standards may not include previ-
43 ous academic achievement, athletic or other extracurricular ability,
44 handicapping conditions, or proficiency in the English language.
45 Nonresident pupils who are placed by court order under provisions of the
46 Idaho youth rehabilitation juvenile corrections or child protective acts and
47 reside in licensed homes, agencies and institutions shall be received and
48 admitted by the school district in which the facility is located without pay-
49 ment of tuition.
50 Homeless children and youth as defined by the Stewart B. McKinney homeless
51 assistance act (P.L. 100-77), may attend any school district or school within
4
1 a district without payment of tuition when it is determined to be in the best
2 interest of that child.
3 SECTION 7. That Section 33-1406, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 33-1406. BILLS OF TUITION. Bills of tuition for nonresident pupils shall
6 be rendered by each creditor district and for nonresident pupils attending any
7 school of the creditor district under the provisions of sections 33-1403 or
8 33-1404, Idaho Code, the bill of tuition shall be submitted to the home dis-
9 trict of such pupils. In all other cases, the creditor district may submit to
10 the parent or guardian of any nonresident pupil attending school in its dis-
11 trict a bill of tuition of such pupil, and such parent or guardian shall be
12 liable for the payment of said tuition, if so billed. Tuition reimbursement
13 for nonresident pupils who are placed by court order under provisions of the
14 Idaho youth rehabilitation juvenile corrections or child protective acts may
15 be obtained by the creditor district through procedures established in section
16 33-1002, Idaho Code, for nonresident tuition-equivalency allowance.
17 Each bill of tuition submitted to a home district shall show the serial
18 number of the tuition certificate last issued to the creditor district by the
19 state department of education and shall show also the number of pupils for
20 whom tuition is charged, which charge shall be as shown by the said tuition
21 certificate.
22 Bills of tuition, if submitted other than annually, shall be apportioned
23 according to the number of school months for which any such bill is applica-
24 ble. A fraction of a school month shall be deemed a school month.
25 SECTION 8. That Section 39-270, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-270. DISCLOSURE OF INFORMATION. (a) Certificates and records in the
28 custody of the state registrar shall be open to inspection subject to the pro-
29 visions of this chapter and the regulations rules of the board, the provisions
30 of section 9-302, Idaho Code, to the contrary notwithstanding; and it shall be
31 unlawful for any state or local official or employee under this chapter to
32 disclose any data contained in the records, except as authorized by this chap-
33 ter and the regulations rules of the board.
34 (b) A complete copy, or any part of a certificate, may be issued to any
35 applicant who can show direct and tangible interest in the record for which he
36 applies. A complete copy, or any part of a certificate, shall be issued upon
37 request to a state, federal or local public agency for child support enforce-
38 ment purposes pursuant to chapters 10, 11 and 12, title 7, Idaho Code, and
39 sections 16-1622, 16-1815 20-524, 32-710A, and 56-203, Idaho Code, or for the
40 purpose of investigation of fraud related to benefit payments. Subject to such
41 provisions as the board may prescribe, data contained on records may be used
42 by federal, state or municipal agencies for the purpose of verification of
43 data.
44 (c) As provided in chapter 3, title 9, Idaho Code, data contained on
45 records may be used for research, public health or statistical purposes. No
46 lists of registration shall be compiled for public use.
47 (d) The manner of keeping local records and the use thereof shall be pre-
48 scribed by the board, in keeping with the provisions of this section.
49 (e) When one hundred (100) years have elapsed after the date of birth, or
50 fifty (50) years have elapsed after the date of death, stillbirth, marriage or
51 divorce, the records of these events in the custody of the state registrar
5
1 shall become public records and information shall be made available in accor-
2 dance with chapter 3, title 9, Idaho Code.
3 SECTION 9. That Section 66-318, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 66-318. AUTHORITY TO ADMIT VOLUNTARY PATIENTS -- DENIAL OF ADMISSION. (a)
6 The director of any facility may admit as a voluntary patient:
7 (1) Any person who is eighteen (18) years of age or older;
8 (2) Any individual fourteen (14) to eighteen (18) years of age who may
9 apply to be admitted for observation, diagnosis, evaluation and treatment
10 and the facility director will notify the parent, parents or guardian of
11 the individual of the admission; a parent or guardian may apply for the
12 individual's release and the facility director will release the patient
13 within three (3) days, excluding Saturdays, Sundays and legal holidays, of
14 the application for discharge, unless the time period for diagnosis, eval-
15 uation, care or treatment is extended pursuant to section 66-320, Idaho
16 Code;
17 (3) Any emancipated minor;
18 (4) Any individual under fourteen (14) years of age upon application of
19 the individual's parent or guardian, provided that admission to an inpa-
20 tient facility shall require a recommendation for admission by a desig-
21 nated examiner;
22 (5) Any individual who lacks capacity to make informed decisions about
23 treatment upon application of the individual's guardian; provided that
24 admission to an inpatient facility shall require a recommendation for
25 admission by a designated examiner; or
26 (6) Any individual confined for examination pursuant to sections 18-211,
27 16-1814 or 20-520, or 16-1835, Idaho Code.
28 (b) The director of any facility must refuse admission to any applicant
29 under this section whenever:
30 (1) The applicant is not in need of observation, diagnosis, evaluation,
31 care or treatment at the facility;
32 (2) The applicant lacks capacity to make informed decisions about treat-
33 ment unless the application is made by a guardian with authority to con-
34 sent to treatment; or
35 (3) The applicant's welfare or the welfare of society, or both, are bet-
36 ter protected by the provisions of section 66-329, Idaho Code.
37 SECTION 10. That Section 66-319, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 66-319. RELEASE OF VOLUNTARY INPATIENTS. The director of an inpatient
40 facility shall release any person, admitted in accordance with the procedure
41 outlined in section 66-318, Idaho Code, whose continued care or treatment is
42 no longer appropriate. If upon evaluation at the facility, it is determined
43 that the patient is mentally ill and is likely to injure himself or others or
44 is gravely disabled, the director of the facility shall institute appropriate
45 judicial proceedings for continued care and treatment. In the case of persons
46 confined pursuant to sections 16-1814, 20-520 16-1835, or 18-211, Idaho Code,
47 upon completion of the examination, the sheriff of the county from which the
48 defendant was committed shall be notified and the defendant shall continue to
49 be confined at the facility for transportation back to the county. In those
50 cases of persons admitted upon the application of a guardian, those persons
51 shall be released upon the termination of the guardian's authority to consent
6
1 to treatment.
2 SECTION 11. That Section 66-320, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 66-320. RIGHT TO RELEASE ON APPLICATION -- EXCEPTIONS. (a) A voluntary
5 patient admitted in accordance with the procedure outlined in section 66-318,
6 Idaho Code, who requests his release or whose release is requested, in writ-
7 ing, by his legal guardian, parent, spouse, or adult next of kin shall be
8 released except that:
9 (1) if the patient was admitted on his own application and the request
10 for release is made by a person other than the patient, release may be
11 conditioned upon the agreement of the patient thereto, and
12 (2) if the patient, by reason of his age, was admitted on the application
13 of another person, his release prior to becoming sixteen (16) years of age
14 may be conditioned upon the consent of his parent or guardian, or
15 (3) if the director of the facility determines that the patient should be
16 hospitalized under the provisions of this chapter, the patient may be
17 detained up to three (3) days, excluding Saturdays, Sundays and legal hol-
18 idays, for the purpose of examination by a designated examiner and the
19 filing of an application for continued care and treatment.
20 (b) Notwithstanding any other provision of this chapter, judicial pro-
21 ceedings authorized by this chapter shall not be commenced with respect to a
22 voluntary patient unless release of the patient has been requested by himself
23 or the individual who applied for his admission.
24 (c) The date and time of any request for release under this section shall
25 be entered in the patient's clinical record. If the request for release is
26 denied, the reasons for denial also shall be entered in the patient's clinical
27 record.
28 (d) A patient admitted for examination pursuant to section 16-1814,
29 20-520 or 18-211, Idaho Code, may not be released except for purposes of
30 transportation back to the court ordering, or party authorizing, the examina-
31 tion.
32 SECTION 12. That Section 66-338, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 66-338. CONDITIONAL RELEASE. Except for patients confined pursuant to
35 section 16-1835, 18-211, 18-212, 18-214, or 20-520, Idaho Code, upon deter-
36 mining that a patient may be released without imminent risk or harm due to
37 mental illness, the department director or his designated representative may
38 release a patient from an inpatient treatment facility on the condition that
39 the patient receive outpatient treatment pursuant to a written treatment plan
40 as specified by the department director or his designee or as amended pursuant
41 to this chapter. For purposes of this chapter, "conditional release" shall
42 refer to the situation in which a patient is discharged from an inpatient
43 treatment facility and dispositioned to an outpatient facility, but shall not
44 include absences, such as escape or other absences wherein the patient is
45 expected to return to the inpatient facility upon a certain date or occurrence
46 of an event.
47 SECTION 13. That Section 67-2907, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-2907. JAILORS TO RECEIVE PRISONERS FROM IDAHO STATE POLICE. Any person
7
1 having charge of a jail, prison or reformatory or other place of detention
2 shall receive any prisoner arrested by the Idaho state police within the
3 jurisdiction served by such jail and shall detain that prisoner in custody
4 until otherwise ordered by a court of competent jurisdiction, or by the super-
5 intendent. Such person in charge shall have the right to refuse to receive any
6 juvenile not being charged with a felony and not in the process of being cer-
7 tified as an adult, in accordance with section 16-1806A 20-509, Idaho Code.
STATEMENT OF PURPOSE
RS 13561
This bill amends various sections of the Idaho Code to correct outdated
references to the Youth Rehabilitation Act, which formerly covered
offenses committed by juveniles.
The Youth Rehabilitation Act was superseded in its entirety and replaced
by the Juvenile Corrections Act in 1995. Present references to the
obsolete Youth Rehabilitation Act in various sections of the Idaho Code
cause confusion and should be corrected to reflect the Juvenile Corrections
Act.
FISCAL NOTE
This bill implements clerical changes and will not affect the state general
fund or local funds.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
Statement of Purpose/Fiscal Note S 1209