2007 Legislation
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SENATE BILL NO. 1084 – Juvenile correctn act funds/refernc


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Bill Status

S1084................................................by JUDICIARY AND RULES
JUVENILE CORRECTIONS ACT - Amends existing law relating to duties of the
Department of Juvenile Corrections to revise terminology in order to
reference Juvenile Corrections Act funds.
02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Jud
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Darrington
    Title apvd - to House
02/19    House intro - 1st rdg - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-0-5
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti,
      Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively,
      Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander
      Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Labrador, Lake, Roberts, Wood(35)
    Floor Sponsor - Harwood
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/12    Governor signed
         Session Law Chapter 47
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1084
                              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  20-504, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  9    ment shall have jurisdiction over all juveniles committed to  it  pursuant  to
 10    chapter 5, title 20, Idaho Code.
 11        (2)  The department is responsible for all juvenile offenders committed to
 12    it  by  the  courts  of  this state for confinement. The department shall also
 13    establish minimum standards for detention, care and certification of  approved
 14    detention facilities based upon such standards.
 15        (3)  The  department shall establish and administer all secure residential
 16    facilities including all state juvenile corrections centers.
 17        (4)  The department shall make all decisions regarding placement of  juve-
 18    nile offenders committed to it in the most appropriate program for supervision
 19    and treatment.
 20        (5)  The  department shall establish an observation and assessment process
 21    for juvenile offenders committed to it by a court.
 22        (6)  The department shall establish liaison services with the counties  or
 23    within the department's regions.
 24        (7)  The  department  may  establish and operate work programs designed to
 25    employ juvenile offenders in public service work projects for the  purpose  of
 26    reimbursing victims of the juvenile offender's delinquent behavior.
 27        (8)  The department is hereby authorized and may place juveniles committed
 28    to  it  pursuant to this chapter in a community-based or private program; pro-
 29    vided, that the person, agency or association operating the facility  or  pro-
 30    gram  has  been  approved and has otherwise complied with all applicable state
 31    and local laws.
 32        (9)  The department shall establish minimum standards for the operation of
 33    all private residential and nonresidential facilities and programs which  pro-
 34    vide  services to juvenile offenders. The standards shall be no more stringent
 35    than standards imposed for facilities operated by the department or for deten-
 36    tion facilities operated by counties.
 37        (10) The department shall provide technical assistance to counties  estab-
 38    lishing  research-based  programs  for juveniles who either have been found to
 39    come under the purview of this chapter or who have had their  case  informally
 40    diverted pursuant to section 20-511, Idaho Code, and who have not been commit-
 41    ted to the legal custody of the department.
 42        (11) The  department  shall  have  authority  to adopt such administrative
 43    rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code,
  1    as are deemed necessary or appropriate for the functioning of  the  department
  2    and the implementation and administration of this act.
  3        (12) Subject to any competitive bidding requirements otherwise provided by
  4    law,  the  department shall have authority to enter into contracts with a pri-
  5    vate association or organization or other public agency  or  organization  for
  6    the inspection and licensure of detention facilities.
  7        (13) Subject to any competitive bidding requirements otherwise provided by
  8    law,  the department shall have authority to enter into contracts with private
  9    providers or local governmental agencies for the confinement or  other  perma-
 10    nent or temporary placement of juveniles committed to its custody.
 11        (14) The  department shall have authority to apply for, receive and expend
 12    federal funds, subject to appropriation by the  legislature.   The  department
 13    shall  have authority to establish guidelines for and administer the distribu-
 14    tion of state block grant juvenile corrections act funds to counties  for  the
 15    employment  and  training  of  county probation officers, the establishment of
 16    secure and nonsecure residential or nonresidential facilities and programs for
 17    juvenile offenders. The department may require that a county provide  matching
 18    funds  as  a  condition  of  receiving  a block grant juvenile corrections act
 19    funds. The department, by rule, in cooperation with the courts and  the  coun-
 20    ties,  shall  establish  uniform  standards for county juvenile probation ser-
 21    vices, as well as qualifications for and standards for the training  of  juve-
 22    nile probation officers.
 23        (15) All  of the powers and duties imposed upon or granted to the director
 24    of the department of health and welfare or the board  of  health  and  welfare
 25    pursuant  to  chapter  18, title 16, Idaho Code, are hereby transferred to the
 26    director of the department of juvenile corrections. The  director  shall  have
 27    all  such  powers  and duties as may have been or could have been exercised by
 28    his predecessors in law with respect to chapter 18, title 16, Idaho Code,  and
 29    shall  be  the successor in law to all contractual obligations entered into by
 30    his predecessor in law.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16642

Amending this section changes the name of the state "block grant
funds," which are distributed to counties, to "Juvenile
Corrections Act Funds."  These funds will still be passed through
to the counties.  Only the name needs to be changed in the
statute for clarification.

                           FISCAL NOTE

There will be no fiscal impact with this amendment.

Name:  Bill Lasley, District Liaison Supervisor, 
       Idaho Department of Juvenile Corrections 
Phone: 334-5100

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1084