2006 Legislation
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SENATE BILL NO. 1250 – Juvenile corrections, court inquiry


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Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                       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.

Name: Patricia Tobias, Administrative Director of the Courts 
Phone: (208) 334-2246

STATEMENT OF PURPOSE/FISCAL NOTE                         S1250