2004 Legislation
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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,
      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

Bill Text


                                                                        
                                                                        
  ]]]]              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
                                                                        
                                           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  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
                                                                        
                                           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 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
                                                                        
                                           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  center
 25    nearest regional facility.

Statement of Purpose / Fiscal Impact


                       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