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S1221................................................by JUDICIARY AND RULES JUVENILE CORRECTIONS - Amends and adds to existing law relating to juvenile corrections to revise the duties of the Department of Juvenile Corrections; to provide for payment of certain detention costs by the department; and to provide for transportation of certain apprehended juveniles to the department's nearest regional facility. 01/22 Senate intro - 1st rdg - to printing 01/23 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 - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Lodge Title apvd - to House 02/06 House intro - 1st rdg - to Jud 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 67-1-2 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, 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, Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Jaquet Absent and excused -- Harwood, Shepherd Floor Sponsor - Nielsen Title apvd - to Senate 03/09 To enrol 03/10 Rpt enrol - Pres signed 03/11 Sp signed 03/12 To Governor 03/16 Governor signed Session Law Chapter 50 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1221 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 18-2505, IDAHO CODE, TO 3 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 20-504, IDAHO CODE, TO 4 REVISE THE DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS; AMENDING SEC- 5 TION 20-524, IDAHO CODE, TO STRIKE PROVISIONS RELATING TO PAYMENT BY THE 6 DEPARTMENT OF CERTAIN DETENTION COSTS; AMENDING CHAPTER 5, TITLE 20, IDAHO 7 CODE, BY THE ADDITION OF A NEW SECTION 20-524A, IDAHO CODE, TO PROVIDE FOR 8 PAYMENT OF CERTAIN DETENTION COSTS BY THE DEPARTMENT; AND AMENDING SECTION 9 20-532A, IDAHO CODE, TO PROVIDE FOR TRANSPORTATION OF CERTAIN APPREHENDED 10 JUVENILES TO THE DEPARTMENT'S NEAREST REGIONAL FACILITY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 18-2505, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 18-2505. ESCAPE BY ONE CHARGED WITH, CONVICTED OF, OR ON PROBATION FOR A 15 FELONY -- ESCAPE BY A JUVENILE FROM CUSTODY. (1) Every prisoner charged with, 16 convicted of, or on probation for a felony who is confined in any correctional 17 facility, as defined in section 18-101A, Idaho Code, including any private 18 correctional facility, or who while outside the walls of such correctional 19 facility in the proper custody of any officer or person, or while in any fac- 20 tory, farm or other place without the walls of such correctional facility, who 21 escapes or attempts to escape from such officer or person, or from such cor- 22 rectional facility, or from such factory, farm or other place without the 23 walls of such correctional facility, shall be guilty of a felony, and upon 24 conviction thereof, any such second term of imprisonment shall commence at the 25 time he would otherwise have been discharged. Escape shall be deemed to 26 include abandonment of a job site or work assignment without the permission of 27 an employment supervisor or officer. 28 (2) Any person who is yearscharged with, found to have committed, adju- 29 dicated for or is on probation for an offense which would be a felony if com- 30 mitted by an adult, and who is confined in a juvenile detention facility or 31 other secure or nonsecure facility for juveniles and who escapes or attempts 32 to escape from the facility or from the lawful custody of any officer or per- 33 son shall be subject to proceedings under chapter 5, title 20, Idaho Code, for 34 an offense which would be a felony if committed by an adult. If the juvenile 35 is or has been proceeded against as an adult, pursuant to section 20-508 or 36 20-509, Idaho Code, the person shall be guilty of a felony for a violation of 37 this section and shall be subject to adult criminal proceedings. 38 SECTION 2. That Section 20-504, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 20-504. DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS. (1) The depart- 41 ment shall have jurisdiction over all juveniles committed to it pursuant to 2 1 chapter 5, title 20, Idaho Code. 2 (2) The department is responsible for all juvenile offenders committed to 3 it by the courts of this state for confinement. The department shall also 4 establish minimum standards for detention, care and certification of approved 5 detention facilities based upon such standards. 6 (3) The department shall establish and administer all secure residential 7 facilities including all state juvenile corrections centers. 8 (4) The department shall make all decisions regarding placement of juve- 9 nile offenders committed to it in the most appropriate program for supervision 10 and treatment. 11 (5) The department shall establish an observation and assessment process 12 for juvenile offenders committed to it by a court. 13 (6) The department shall establish liaison services with the counties or 14 within the department's regions. 15 (7) The department may establish and operate work programs designed to 16 employ juvenile offenders in public service work projects for the purpose of 17 reimbursing victims of the juvenile offender's delinquent behavior. 18 (8) The department is hereby authorized and may place juveniles committed 19 to it pursuant to this chapter in a community-based or private program , on a20 ranch, in a forestry camp or similar facility for care and for work, if possi-21 ble; provided, that the person, agency or association operating the facility 22 or program has been approved and has otherwise complied with all applicable 23 state and local laws. A juvenile placed in a forestry camp or similar facility24 may be required to work on fire prevention, forestation and reforestation,25 recreational works, forest roads and on other works on or off the grounds of26 such facility and may be paid wages.27 (9) The department shall establish minimum standards for the operation of 28 all private residential and nonresidential facilities and programs which pro- 29 vide services to juvenile offenders. The standards shall be no more stringent 30 than standards imposed for facilities operated by the department or for deten- 31 tion facilities operated by counties. 32 (10) The department shall provide technical assistance to counties in33 establishing meaningfulresearch-based programs for juveniles who either have 34 been found to come under the purview of this chapter or who have had their 35 case informally diverted pursuant to section 20-511, Idaho Code, and who have 36 not been committed to the legal custody of the department. 37 (11) The department shall have authority to adopt such administrative 38 rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, 39 as are deemed necessary or appropriate for the functioning of the department 40 and the implementation and administration of this act. 41 (12) Subject to any competitive bidding requirements otherwise provided by 42 law, the department shall have authority to enter into contracts with a pri- 43 vate association or organization or other public agency or organization for 44 the inspection and licensure of detention facilities. 45 (13) Subject to any competitive bidding requirements otherwise provided by 46 law, the department shall have authority to enter into contracts with private 47 providers or local governmental agencies for the confinement or other perma- 48 nent or temporary placement of juveniles committed to its custody. 49 (14) The department shall have authority to apply for, receive and expend 50 federal funds, subject to appropriation by the legislature. The department 51 shall have authority to establish guidelines for and administer the distribu- 52 tion of state block grant funds to counties for the employment and training of 53 county probation officers, the establishment of secure and nonsecure residen- 54 tial or nonresidential facilities and programs for juvenile offenders. The 55 department may require that a county provide matching funds as a condition of 3 1 receiving a block grant. The department, by rule, in cooperation with the 2 courts and the counties, shall establish uniform standards for county juvenile 3 probation services, as well as qualifications for and standards for the train- 4 ing of juvenile probation officers. 5 (15) All of the powers and duties imposed upon or granted to the director 6 of the department of health and welfare or the board of health and welfare 7 pursuant to chapter 18, title 16, Idaho Code, are hereby transferred to the 8 director of the department of juvenile corrections. The director shall have 9 all such powers and duties as may have been or could have been exercised by 10 his predecessors in law with respect to chapter 18, title 16, Idaho Code, and 11 shall be the successor in law to all contractual obligations entered into by 12 his predecessor in law. 13 SECTION 3. That Section 20-524, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 20-524. SUPPORT OF JUVENILE -- REIMBURSEMENT FOR COSTS INCURRED. -- PAY-16 MENT OF DETENTION COSTS.(1) Whenever a juvenile is placed by the court in 17 custody other than that of the juvenile's parents, guardian or custodian, 18 after due notice to the parent, guardian or other persons legally obligated to 19 care for and support the juvenile, and after a hearing, the court may order 20 and decree that the parent or other legally obligated person shall pay in such 21 a manner as the court may direct a reasonable sum that will cover in whole or 22 in part the support and treatment of the juvenile. If the parent or other 23 legally obligated person willfully fails or refuses to pay such sum, the court 24 may proceed against him for contempt, or the order may be filed and shall have 25 the effect of a civil judgment. 26 (2) If the juvenile is detained, the court may order that the parents or 27 other legal guardian of the juvenile contribute to the costs of detention in 28 an amount to be set by the court. The order may be filed and shall have the 29 effect of a civil judgment. It is the intent of the legislature that foster 30 parents or a parent or legal guardian receiving public assistance relating to 31 that juvenile should not benefit from the continued receipt of payments or 32 public assistance from any state or federal agency while the juvenile is 33 detained. The department of health and welfare is directed to promulgate a 34 rule implementing this intent. 35 (3) All child support orders shall notify the obligor that the order will 36 be enforced by income withholding pursuant to chapter 12, title 32, Idaho 37 Code. 38 (4) Failure to include these provisions does not affect the validity of 39 the support order or decree. The court shall require that the social security 40 numbers of both the obligor and obligee be included in the order or decree. 41 (5) If the juvenile is committed to the custody of the department of42 juvenile corrections pursuant to chapter 5, title 20, Idaho Code, the depart-43 ment shall reimburse the county for the period of time in excess of five (5)44 days during which the juvenile is housed at a detention facility. The time45 period shall begin to run from the day the department receives a copy of the46 order of commitment executed by the court. Facsimile transmissions of the47 order are acceptable.48 SECTION 4. That Chapter 5, Title 20, Idaho Code, be, and the same is 49 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 50 ignated as Section 20-524A, Idaho Code, and to read as follows: 51 20-524A. PAYMENT OF DETENTION COSTS. If the juvenile is committed to the 4 1 custody of the department of juvenile corrections pursuant to chapter 5, 2 title 20, Idaho Code, the department shall reimburse the county for the period 3 of time in excess of five (5) calendar days during which the juvenile is 4 housed at a detention facility. This time period shall begin to run on the 5 first business day the department receives a copy of the order of commitment, 6 executed by the court. Orders received by the department after 3 o'clock p.m., 7 mountain standard time, on a business day, will be considered to have been 8 received the next business day. Facsimile transmissions of the order are 9 acceptable. 10 SECTION 5. That Section 20-532A, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 20-532A. ORDER FOR APPREHENSION AND DETENTION OF ESCAPEES FROM CUSTODY. 13 Upon a finding by the Idaho department of juvenile corrections that a juvenile 14 in the custody of the department has escaped from custody, a written order 15 signed by the director or his designee shall be a sufficient order for deten- 16 tion for any law enforcement officer to apprehend and take into custody such 17 person. It is hereby made the duty of all sheriffs, police, constables, parole 18 officers, prison officials and other peace officers, to execute such order. 19 From and after the issuance of the detention order and until taken into cus- 20 tody, the escapee shall be considered a fugitive from justice. Upon apprehen- 21 sion, the juvenile shall be detained in the closest available detention center 22 and shall thereafter be transported by the department as soon as possible or, 23 at the discretion of the detaining authority, the juvenile may be transported 24 directly by that authority to the department's juvenile management center25 nearest regional facility.
STATEMENT OF PURPOSE RS 13443C1 Update the Juvenile Corrections Act by 1) removing all references to forestry camps, 2) clarify that programs should be research based, and 3) clarify reimbursement to counties for holding juveniles committed to the state. Clarify a Crimes and Punishment section. FISCAL IMPACT There won't be any to local, county, state, or federal governments. Contact Name: Brent D. Reinke Agency: Idaho Department of Juvenile Corrections Phone: 334-5100 ext. 254 STATEMENT OF PURPOSE/FISCAL NOTE S 1221