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S1250................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS - Amends existing law relating to the Juvenile
Corrections Act to provide that courts may make preliminary inquiries to
determine whether the interests of the public or the juvenile require
further action.
01/12 Senate intro - 1st rdg - to printing
01/13 Rpt prt - to Jud
01/24 Rpt out - rec d/p - to 2nd rdg
01/25 2nd rdg - to 3rd rdg
01/26 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Fulcher,
Gannon, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Cameron, Geddes, Marley
Floor Sponsor - Lodge
Title apvd - to House
01/27 House intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 61-0-9
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pence,
Raybould, Ring, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Snodgrass, Stevenson, Trail
NAYS -- None
Absent and excused -- Black, Crow, Garrett, Pasley-Stuart, Ringo,
Smylie, Wills, Wood, Mr. Speaker
Floor Sponsor - Harwood
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/24 Governor signed
Session Law Chapter 177
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1250
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE JUVENILE CORRECTIONS ACT; AMENDING SECTION 20-510, IDAHO CODE,
3 TO PROVIDE THAT COURTS MAY MAKE PRELIMINARY INQUIRIES TO DETERMINE WHETHER
4 THE INTERESTS OF THE PUBLIC OR OF THE JUVENILE REQUIRE FURTHER ACTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 20-510, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 20-510. INFORMATION -- INVESTIGATION -- PETITION. Any peace officer, any
9 prosecuting attorney, or any authorized representative of the board of
10 trustees of a school district of this state, having knowledge of a juvenile
11 who is within the purview of this act may file a petition with the court in
12 such form as may be required by the court, except a peace officer may also
13 issue a citation for a curfew violation pursuant to section 20-549, Idaho
14 Code. Said individual or agency shall be responsible for providing the evi-
15 dence to support the allegations made in the petition, provided this in no way
16 shall relieve peace officers from enforcement of the law as set forth in sec-
17 tion 31-2227, Idaho Code. The court shall may make a preliminary inquiry to
18 determine whether the interests of the public or of the juvenile require that
19 further action be taken. Such inquiry may be made through the county probation
20 officer or such other agent or investigation officer designated by the court.
21 Thereupon, the court may make such informal adjustment as is practicable, or
22 dismiss the petition, or set the matter for hearing. If an informal adjustment
23 is made, it shall provide for full or partial restitution in the manner and
24 form prescribed by the court when the offense involves loss or damage of prop-
25 erty of another. A probation officer shall not file a petition unless the
26 juvenile has previously been under the jurisdiction of the court. The petition
27 and all subsequent court documents shall be entitled "In the interest of ...,
28 a juvenile under eighteen (18) years of age." The petition may be made upon
29 information and belief but it shall be made under oath. It shall set forth
30 plainly: (1) the facts which bring the juvenile within the purview of this
31 act; (2) the name, age, and residence of the juvenile; (3) the names and resi-
32 dences of his parents and spouse, if any; (4) the name and residence of his
33 legal guardian, if there be one, or the person or persons having custody or
34 control of the juvenile, or of the nearest known relative if no parent or
35 guardian can be found. If any of the facts herein required are not known by
36 the petitioner the petition shall so state.
37 Service of a petition upon the parents, legal guardian or person or per-
38 sons having custody or control of the juvenile shall subject the parents,
39 legal guardian or person or persons having custody or control of the juvenile
40 to the provisions of this chapter. The petition shall inform the parents,
41 legal guardian or other person legally obligated to care for and support the
42 juvenile that service of the petition upon them shall make them subject to the
43 provisions of this chapter.
STATEMENT OF PURPOSE
RS 15472
This bill is one of a series of bills that the Supreme Court
has recommended in its annual report to the Governor concerning
defects or omissions in the laws, as required under article V,
section 25 of the Idaho Constitution. It would amend the
provisions of Idaho Code 20-510 pertaining to the procedures to
be followed upon the filing of a petition under the Juvenile
Corrections Act. The statute now states that the court, upon the
filing of a petition, shall make a preliminary inquiry to determine
whether the interests of the public or of the juvenile require that
further action be taken. Currently, magistrate judges do not make
such an inquiry in every case. Requiring magistrate judges to do
so would often involve unnecessary complications and delays. It
was the recommendation of the Supreme Court's Juvenile Justice
Advisory Team, consisting of magistrate judges from each of the
seven Judicial Districts, that the word "shall" be amended to read
"may." This will avoid delay and allow courts to make a
preliminary inquiry only in those cases where it would be helpful.
FISCAL NOTE
This bill will have no impact on the general fund.
Contact
Name: Patricia Tobias, Administrative Director of the Courts
Phone: (208) 334-2246
STATEMENT OF PURPOSE/FISCAL NOTE S1250