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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 youth4 rehabilitationjuvenile corrections act, chapter 185, title 1620, Idaho Code, 5 and not charged under section 16-180620-508 or 16-1806A20-509, 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 rehabilitationjuvenile corrections act, chapter 185, title 1620, Idaho 13 Code, and not charged under section 16-180620-508 or 16-1806A20-509, 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 been23 determined by the probate court of any county thatthe 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, neglectinghave failed, 26 neglected or refusingrefused 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 law30 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 rehabilitationjuvenile 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 section s33-1403 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 rehabilitationjuvenile 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 regulationsrules 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 regulationsrules 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, 16-181520-524, 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 section s18-211 ,27 16-1814or 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 section s 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 16-1806A20-509, 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