Print Friendly SENATE BILL NO. 1221 – Juvenile Corrections/detentn costs
SENATE BILL NO. 1221
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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,
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.
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
]]]] 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 years charged 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
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 a
20 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 facility
24 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 of
26 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 in
33 establishing meaningful research-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
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
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 of
42 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 time
45 period shall begin to run from the day the department receives a copy of the
46 order of commitment executed by the court. Facsimile transmissions of the
47 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
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
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 center
25 nearest regional facility.
STATEMENT OF PURPOSE
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
There won't be any to local, county, state, or federal
Name: Brent D. Reinke
Agency: Idaho Department of Juvenile Corrections
Phone: 334-5100 ext. 254
STATEMENT OF PURPOSE/FISCAL NOTE S 1221