2007 Legislation
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SENATE BILL NO. 1142 – Juveniles/substance abuse assessmts

SENATE BILL NO. 1142

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Bill Status



S1142.................................................by HEALTH AND WELFARE
JUVENILES - SUBSTANCE ABUSE - Amends existing law relating to Juvenile
Corrections to authorize the courts to order that the Department of Health
and Welfare conduct comprehensive substance abuse assessments of juveniles
and to order immediate treatment under certain conditions; to provide for
costs; and to authorize rules.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, 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 -- Coiner
    Floor Sponsor - Stegner
    Title apvd - to House
03/02    House intro - 1st rdg - to Jud
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, 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, Labrador,
      Lake, LeFavour, Loertscher, Luker(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, Trail, Vander Woude, Wills, Wood(27), Wood(35),
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Roberts, Thayn
    Floor Sponsor - Block
    Title apvd - to Senate
03/23    To enrol
03/26    Rpt enrol - Pres signed - Sp signed - To Governor
03/30    Governor signed
         Session Law Chapter 308
         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. 1142
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JUVENILE CORRECTIONS; AMENDING SECTION 20-520, IDAHO CODE, TO  AU-
  3        THORIZE  COURTS TO ORDER THAT THE DEPARTMENT OF HEALTH AND WELFARE CONDUCT
  4        COMPREHENSIVE SUBSTANCE ABUSE ASSESSMENTS OF JUVENILES AND TO ORDER  IMME-
  5        DIATE TREATMENT UNDER CERTAIN CONDITIONS, TO PROVIDE FOR COSTS, TO AUTHOR-
  6        IZE  RULES  AND  TO  MAKE  TECHNICAL CORRECTIONS; AMENDING SECTION 20-508,
  7        IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION  20-509,
  8        IDAHO  CODE,  TO  PROVIDE  A  CORRECT CODE REFERENCE; AND AMENDING SECTION
  9        20-532, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 20-520, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        20-520.  SENTENCING.  (1)  Upon the entry of an order finding the juvenile
 14    is within the purview of the act, the court shall then hold a sentencing hear-
 15    ing in the manner prescribed by the Idaho juvenile rules to determine the sen-
 16    tence that will promote accountability, competency development  and  community
 17    protection.  Prior  to the entry of an order disposing of the case, other than
 18    an order of discharge or dismissal, the court may request and,  if  requested,
 19    shall  receive  a  report  containing  the results of an inquiry into the home
 20    environment, past history, competency development, prevention or out  of  home
 21    placement  services provided, and the social, physical and mental condition of
 22    the juvenile. The court shall not consider or review the report prior  to  the
 23    entry  of an order of adjudication. Upon presentation and consideration of the
 24    report by the court, the court may proceed to sentence the  juvenile  as  fol-
 25    lows:
 26        (a)  Place  the  juvenile  on  formal probation for a period not to exceed
 27        three (3) years from the date of the order, except the court may  place  a
 28        juvenile  on  formal  probation  for a period not to exceed the juvenile's
 29        twenty-first birthday if the court finds that the juvenile has committed a
 30        crime of a sexual nature;
 31        (b)  Sentence the juvenile to detention pursuant to this act for a  period
 32        not  to  exceed thirty (30) days for each act, omission or status which is
 33        prohibited by the federal, state, local or municipal law or  ordinance  by
 34        reason  of  minority  only.  The sentence shall not be executed unless the
 35        act, omission or status is in violation of section  922(x)  of  title  18,
 36        United  States Code, or the court finds that the juvenile has violated the
 37        court's decree imposing the sentence as provided below.
 38             If the court, after notice and hearing, finds  that  a  juvenile  has
 39        violated the court's decree imposing the sentence under circumstances that
 40        bring  the  violation under the valid court order exception of the federal
 41        juvenile justice and delinquency prevention act of 1974, as  amended,  the
 42        court  may  commit  the  juvenile to detention for the period of detention
 43        previously imposed at sentencing;
                                                                        
                                       2
                                                                        
  1        (c)  Commit the juvenile to a period of detention, pursuant to  this  act,
  2        for  a  period of time not to exceed ninety (90) days for each unlawful or
  3        criminal act the juvenile is found to have committed, if the  unlawful  or
  4        criminal act would be a misdemeanor if committed by an adult, or where the
  5        juvenile has been adjudicated as an habitual status offender;
  6        (d)  If the juvenile has committed an unlawful or criminal act which would
  7        be a felony if committed by an adult, the court may commit the juvenile to
  8        detention  for  a  period  not to exceed one hundred eighty (180) days for
  9        each unlawful or criminal act;
 10        (e)  Whenever a court commits a juvenile to a period of detention it shall
 11        notify the school district where the detention  facility  is  located.  No
 12        juvenile  who  is found to come within the purview of the act for the com-
 13        mission of a status offense shall  be sentenced to  detention  in  a  jail
 14        facility  unless  an  adjudication  has  been made that the juvenile is an
 15        habitual status offender;
 16        (f)  Commit the juvenile to detention and suspend the sentence on specific
 17        probationary conditions;
 18        (g)  The court may suspend or restrict the juvenile's  driving  privileges
 19        for  such  periods of time as the court deems necessary, and the court may
 20        take possession of the  juvenile's  driver's  license.  The  juvenile  may
 21        request restricted driving privileges during a period of suspension, which
 22        the  court  may allow if the juvenile shows by a preponderance of evidence
 23        that driving privileges are necessary for his  employment  or  for  family
 24        health needs;
 25        (h)  The  court  may  order  that the juvenile be examined or treated by a
 26        physician, surgeon, psychiatrist or psychologist, or that he receive other
 27        special care, or that he submit to  an  alcohol  or  drug  evaluation,  if
 28        needed,  and  for  such  purposes  may place the juvenile in a hospital or
 29        other suitable facility;
 30        (i)  The court may order that the department of health and welfare conduct
 31        a comprehensive substance abuse assessment of the juvenile. After  receiv-
 32        ing  the  comprehensive  substance abuse assessment, and upon a finding by
 33        the court that treatment will provide a cost-effective means of  achieving
 34        the  sentencing goals of accountability, competency development and commu-
 35        nity protection, the court may order that the juvenile  receive  immediate
 36        treatment for substance abuse in keeping with a plan of treatment approved
 37        by  the  court.  The initial cost of the assessment and treatment shall be
 38        borne by the department of health and welfare. The director of the depart-
 39        ment of health and welfare may promulgate rules consistent with this para-
 40        graph (i) to establish a schedule of fees to be charged to parents by  the
 41        department  of health and welfare for such services based upon the cost of
 42        the services and the ability of parents to pay;
 43        (j)  In support  of an order under the provisions  of  this  section,  the
 44        court  may make an additional order setting forth reasonable conditions to
 45        be complied with by the parents, the juvenile, his legal guardian or  cus-
 46        todian,  or any other person who has been made a party to the proceedings,
 47        including, but not limited to, restrictions on visitation by  the  parents
 48        or  one  (1) parent, restrictions on the juvenile's associates, occupation
 49        and other activities, and requirements to  be  observed  by  the  parents,
 50        guardian or custodian;
 51        (jk)  The  court  may make any other reasonable order which is in the best
 52        interest of the juvenile or is required for the protection of the  public,
 53        except  that no person under the age of eighteen (18) years may be commit-
 54        ted to jail, prison or a secure facility which does not meet the standards
 55        set forth in section 20-518, Idaho  Code,  unless  jurisdiction  over  the
                                                                        
                                       3
                                                                        
  1        individual  is  in the process of being waived or has been waived pursuant
  2        to section 20-508 or 20-509, Idaho Code. The court may combine several  of
  3        the above-listed modes of disposition where they are compatible;
  4        (kl)  An  order  under  the  provisions  of  this section for probation or
  5        placement of a juvenile with an individual or  an  agency  may  provide  a
  6        schedule for review of the case by the court;
  7        (lm)  Order the proceeding expanded or altered to include consideration of
  8        the cause pursuant to chapter 16, title 16, Idaho Code;
  9        (mn)  Order  the  case  and  all documents and records connected therewith
 10        transferred to the magistrate division  of  the  district  court  for  the
 11        county  where  the  juvenile   and/or parents reside if different than the
 12        county where the juvenile was charged and  found  to  have  committed  the
 13        unlawful or criminal act, for the entry of a dispositional order;
 14        (no)  Order  such other terms, conditions, care or treatment as appears to
 15        the court will best serve the interests of the juvenile and the community;
 16        (op)  The court shall assess a twenty dollar ($20.00)  detention/probation
 17        training  academy  fee against the juvenile for every petition filed where
 18        there has been an adjudication that the juvenile is within the purview  of
 19        this  chapter.  All  moneys  raised  pursuant to this subsection paragraph
 20        shall be transmitted by the court for deposit in the juvenile  corrections
 21        fund which is created in section 20-542, Idaho Code;
 22        (pq)  Additionally,  the court shall assess a fee of sixty cents (60¢) per
 23        hour of community service against the juvenile for  every  petition  filed
 24        where  there has been an adjudication that the juvenile is within the pur-
 25        view of this chapter and the court is ordering  community  service.   Such
 26        fee  is  to  be remitted by the court to the state insurance fund for pur-
 27        poses of providing worker's compensation insurance for persons  performing
 28        community service pursuant to this chapter;
 29        (qr)  Commit  the juvenile to the legal custody of the department of juve-
 30        nile corrections for an indeterminate period of time  not  to  exceed  the
 31        juvenile's  nineteenth  birthday,  unless,  in  the opinion of the custody
 32        review board, extended time in custody is necessary to address  competency
 33        development,  accountability,  and community protection; provided however,
 34        that no juvenile shall remain in the custody of the department beyond  the
 35        juvenile's  twenty-first birthday. The department shall adopt rules imple-
 36        menting the custody review board and operations  and  procedures  of  such
 37        board;
 38        (rs)  Notwithstanding any other provision of this section, a court may not
 39        commit  a juvenile offender under the age of ten (10) years to a period of
 40        detention or to the custody of the department of juvenile corrections  for
 41        placement in secure confinement.
 42        (2)  When an order is entered pursuant to this section, the juvenile shall
 43    be  transported  to  the facility or program so designated by the court or the
 44    department, as applicable, by the sheriff of the  county  where  the  juvenile
 45    resides  or is committed, or by an appointed agent. When committing a juvenile
 46    to the department, or another entity, the court shall at once forward  to  the
 47    department or entity a certified copy of the order of commitment.
 48        (3)  Unless  the  court  determines  that an order of restitution would be
 49    inappropriate or undesirable, it shall order the juvenile or  his  parents  or
 50    both  to  pay  restitution to or make whole any victim who suffers an economic
 51    loss as a result of the juvenile's conduct in accordance  with  the  standards
 52    and  requirements  of  sections 19-5304 and 19-5305, Idaho Code. The amount of
 53    restitution which may be ordered by the court shall not be subject to the lim-
 54    itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid
 55    prior to any other court-ordered payments unless the court specifically orders
                                                                        
                                       4
                                                                        
  1    otherwise.
  2        (4)  The court may order the juvenile's parents, legal guardian or  custo-
  3    dian to pay the charges imposed by community programs ordered by the court for
  4    the juvenile, or the juvenile's parents, legal guardian or custodian.
  5        (5)  Any  parent,  legal  guardian or custodian violating any order of the
  6    court entered against the person under the provisions of this chapter shall be
  7    subject to contempt proceedings under the provisions of chapter  6,  title  7,
  8    Idaho Code.
                                                                        
  9        SECTION  2.  That  Section  20-508, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        20-508.  WAIVER OF JURISDICTION AND TRANSFER TO OTHER  COURTS.  (1)  After
 12    the  filing  of a petition and after full investigation and hearing, the court
 13    may waive jurisdiction under the juvenile corrections act  over  the  juvenile
 14    and order that the juvenile be held for adult criminal proceedings when:
 15        (a)  A  juvenile is alleged to have committed any of the crimes enumerated
 16        in section 20-509, Idaho Code; or
 17        (b)  A juvenile is alleged to have committed an act other than those  enu-
 18        merated  in  section  20-509,  Idaho Code, after the child became fourteen
 19        (14) years of age which would be a crime if committed by an adult; or
 20        (c)  An adult at the time of the filing of the petition is alleged to have
 21        committed an act prior to his having become eighteen  (18)  years  of  age
 22        which would be a felony if committed by an adult, and the court finds that
 23        the  adult is not committable to an institution for the mentally deficient
 24        or mentally ill, is not treatable in any available institution or facility
 25        available to the state designed for the care and treatment  of  juveniles,
 26        or  that  the  safety  of  the community requires the adult continue under
 27        restraint; or
 28        (d)  An adult already under the jurisdiction of the court  is  alleged  to
 29        have committed a crime while an adult.
 30        (2)  A motion to waive jurisdiction under the juvenile corrections act and
 31    prosecute  a  juvenile  under  the criminal law may be made by the prosecuting
 32    attorney, the juvenile, or by motion of the court upon its own initiative. The
 33    motion shall be in writing and contain the  grounds  and  reasons  in  support
 34    thereof.
 35        (3)  Upon  the filing of a motion to waive jurisdiction under the juvenile
 36    corrections act, the court shall enter an order setting the motion for hearing
 37    at a time and date certain and shall order a full and  complete  investigation
 38    of  the  circumstances of the alleged offense to be conducted by county proba-
 39    tion, or such other agency or investigation officer designated by the court.
 40        (4)  Upon setting the time for the hearing upon the motion to waive juris-
 41    diction,  the court shall give written notice of said hearing to the juvenile,
 42    and the parents, guardian or custodian of the juvenile,  and  the  prosecuting
 43    attorney,  at  least ten (10) days before the date of the hearing, or a lesser
 44    period stipulated by the parties, and such notice shall  inform  the  juvenile
 45    and the parents, guardian or custodian of the juvenile of their right to court
 46    appointed  counsel.  Service  of  the  notice shall be made in the manner pre-
 47    scribed for service of a summons under section 20-512, Idaho Code.
 48        (5)  The hearing upon the motion to waive jurisdiction shall  be  held  in
 49    the same manner as an evidentiary hearing upon the original petition and shall
 50    be made part of the record.
 51        (6)  If as a result of the hearing on the motion to waive jurisdiction the
 52    court  shall  determine  that  jurisdiction should not be waived, the petition
 53    shall be processed in the customary manner as a juvenile corrections act  pro-
                                                                        
                                       5
                                                                        
  1    ceeding.  However, in the event the court determines, as a result of the hear-
  2    ing, that juvenile corrections act jurisdiction should be waived and the juve-
  3    nile should be prosecuted under the criminal laws of the state of  Idaho,  the
  4    court  shall enter findings of fact and conclusions of law upon which it bases
  5    such decision together with a decree waiving juvenile corrections  act  juris-
  6    diction and binding the juvenile over to the authorities for prosecution under
  7    the criminal laws of the state of Idaho.
  8        (7)  No  motion  to  waive  juvenile corrections act jurisdiction shall be
  9    recognized, considered, or heard by the court in the same case once the  court
 10    has entered an order or decree in that case that said juvenile has come within
 11    the  purview  of  the juvenile corrections act, and all subsequent proceedings
 12    after the decree finding the juvenile within the purview of the  act  must  be
 13    under and pursuant to the act and not as a criminal proceeding.
 14        (8)  In  considering  whether  or not to waive juvenile court jurisdiction
 15    over the juvenile, the juvenile court shall consider the following factors:
 16        (a)  The seriousness of the offense and whether the protection of the com-
 17        munity requires isolation of the juvenile beyond that afforded by juvenile
 18        facilities;
 19        (b)  Whether the alleged offense was committed in an aggressive,  violent,
 20        premeditated, or willful manner;
 21        (c)  Whether  the alleged offense was against persons or property, greater
 22        weight being given to offenses against persons;
 23        (d)  The maturity of the juvenile as determined by considerations  of  his
 24        home, environment, emotional attitude, and pattern of living;
 25        (e)  The juvenile's record and previous history of contacts with the juve-
 26        nile corrections system;
 27        (f)  The  likelihood  that  the  juvenile will develop competency and life
 28        skills to become a contributing member of the community by use of  facili-
 29        ties and resources available to the court;
 30        (g)  The  amount  of  weight  to be given to each of the factors listed in
 31        subsection (8) of this section is discretionary  with  the  court,  and  a
 32        determination  that  the  juvenile  is  not a fit and proper subject to be
 33        dealt with under the juvenile court law may be based on any one (1)  or  a
 34        combination  of the factors set forth above, which shall be recited in the
 35        order of waiver.
 36        (9)  If the court does not waive jurisdiction  and  order  a  juvenile  or
 37    adult  held  for  criminal  proceedings,  the court in a county other than the
 38    juvenile's or adult's home county, after entering a decree that  the  juvenile
 39    or  adult is within the purview of this chapter, may certify the case for sen-
 40    tencing to the court of the county in which  the  juvenile  or  adult  resides
 41    upon being notified that the receiving court is willing to accept transfer. In
 42    the  event  of a transfer, which should be made unless the court finds it con-
 43    trary to the interest of the  juvenile  or  adult,  the  jurisdiction  of  the
 44    receiving  court  shall attach to the same extent as if the court had original
 45    jurisdiction.
 46        (10) Upon conviction of a juvenile held  for  adult  criminal  proceedings
 47    under  this section, the sentencing judge may, if a finding is made that adult
 48    sentencing measures would be inappropriate:
 49        (a)  Sentence the convicted person in accordance with  the  juvenile  sen-
 50        tencing options set forth in this chapter; or
 51        (b)  Sentence the convicted person to the county jail or to the custody of
 52        the  state  board of correction but suspend the sentence or withhold judg-
 53        ment pursuant to section 19-2601, Idaho Code, and commit the defendant  to
 54        the custody of the department of juvenile corrections for an indeterminate
 55        period  of  time in accordance with section 20-520(1)(qr), Idaho Code. The
                                                                        
                                       6
                                                                        
  1        court, in its discretion, may order that the suspended sentence  or  with-
  2        held  judgment  be conditioned upon the convicted person's full compliance
  3        with all reasonable program requirements of  the  department  of  juvenile
  4        corrections.    Such a sentence may also set terms of probation, which may
  5        be served under the supervision of county juvenile probation.  However, in
  6        no event may the total of the actual time spent by the convicted person in
  7        the custody of the department plus any adult sentence imposed by the court
  8        exceed the maximum period of imprisonment that  could  be  imposed  on  an
  9        adult convicted of the same crime.
 10        (c)  If a convicted person is given a suspended sentence or withheld judg-
 11        ment  conditioned  upon the convicted person's compliance with all reason-
 12        able program requirements of the department pursuant to paragraph  (b)  of
 13        this  subsection,  and if the department reasonably believes that the con-
 14        victed person is failing to comply with all  reasonable  program  require-
 15        ments, the department may petition the sentencing court to revoke the com-
 16        mitment  to the department and transfer the convicted person to the county
 17        jail or to the custody of the state board of correction for the  remainder
 18        of the sentence.
                                                                        
 19        SECTION  3.  That  Section  20-509, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        20-509.  VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS  NEAR  SCHOOLS
 22    AND  OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eighteen (18)
 23    years, who is alleged to have committed any of the  following  crimes  or  any
 24    person  under  age fourteen (14) years who is alleged to have committed any of
 25    the following crimes and, pursuant to section 20-508,  Idaho  Code,  has  been
 26    ordered by the court to be held for adult criminal proceedings:
 27        (a)  Murder of any degree or attempted murder;
 28        (b)  Robbery;
 29        (c)  Rape, but excluding statutory rape;
 30        (d)  Forcible sexual penetration by the use of a foreign object;
 31        (e)  Infamous crimes against nature, committed by force or violence;
 32        (f)  Mayhem;
 33        (g)  Assault or battery with the intent to commit any of the above serious
 34        felonies;
 35        (h)  A  violation  of  the  provisions of section 37-2732(a)(1)(A), (B) or
 36        (C),  Idaho Code, when the violation occurred on or  within  one  thousand
 37        (1,000) feet of the property of any public or private primary or secondary
 38        school,  or  in  those  portions  of  any building, park, stadium or other
 39        structure or grounds which were, at the time of the violation, being  used
 40        for an activity sponsored by or through such a school;
 41        (i)  Arson in the first degree and aggravated arson;
 42    shall  be  charged, arrested and proceeded against by complaint, indictment or
 43    information as an adult. All other felonies or  misdemeanors  charged  in  the
 44    complaint,  indictment  or  information,  which  are  based on the same act or
 45    transaction or on one (1) or more acts or transactions as the violent or  con-
 46    trolled  substances offense shall similarly be charged, arrested and proceeded
 47    against as an adult. Any juvenile proceeded against pursuant to  this  section
 48    shall be accorded all constitutional rights, including bail and trial by jury,
 49    and procedural safeguards as if that juvenile were an adult defendant.
 50        (2)  Once  a  juvenile  has  been formally charged or indicted pursuant to
 51    this section or has been transferred for criminal prosecution as an adult pur-
 52    suant to the waiver provisions of section 20-508, Idaho Code, or this section,
 53    the juvenile shall be held in a county jail or  other  adult  prison  facility
                                                                        
                                       7
                                                                        
  1    unless the court, after finding good cause, orders otherwise.
  2        (3)  Except as otherwise allowed by subsection (4) of this section, once a
  3    juvenile  has  been found to have committed the offense for which the juvenile
  4    was charged, indicted or transferred  pursuant  to  this  section  or  section
  5    20-508,  Idaho  Code,  or  has  been  found  guilty or pled guilty to a lesser
  6    offense or amended charge growing out  of  or  included  within  the  original
  7    charge,  whether  or  not  such  lesser  offense or amended charge is included
  8    within the acts enumerated in subsection (1) of  this  section,  the  juvenile
  9    shall  thereafter  be handled in every respect as an adult. For any subsequent
 10    violation of Idaho law, the juvenile shall be handled in every respect  as  an
 11    adult.
 12        (4)  Upon  the conviction of a juvenile pursuant to this section, the sen-
 13    tencing judge may, if a finding is made that adult sentencing  measures  would
 14    be inappropriate:
 15        (a)  Sentence  the  convicted  person in accordance with the juvenile sen-
 16        tencing options set forth in this chapter; or
 17        (b)  Sentence the convicted person to the county jail or to the custody of
 18        the state board of correction but suspend the sentence or  withhold  judg-
 19        ment  pursuant to section 19-2601, Idaho Code, and commit the defendant to
 20        the custody of the department of juvenile corrections for an indeterminate
 21        period of time in accordance with section 20-520(1)(qr), Idaho  Code.  The
 22        court,  in  its discretion, may order that the suspended sentence or with-
 23        held judgment be conditioned upon the convicted person's  full  compliance
 24        with  all  reasonable  program  requirements of the department of juvenile
 25        corrections. Such a sentence may also set terms of probation, which may be
 26        served under the supervision of county juvenile probation. However, in  no
 27        event  may  the  total of the actual time spent by the convicted person in
 28        the custody of the department plus any adult sentence imposed by the court
 29        exceed the maximum period of imprisonment that  could  be  imposed  on  an
 30        adult convicted of the same crime.
 31        (c)  If a convicted person is given a suspended sentence or withheld judg-
 32        ment  conditioned  upon the convicted person's compliance with all reason-
 33        able program requirements of the department pursuant to paragraph  (b)  of
 34        this  subsection,  and if the department reasonably believes that the con-
 35        victed person is failing to comply with all  reasonable  program  require-
 36        ments, the department may petition the sentencing court to revoke the com-
 37        mitment  to the department and transfer the convicted person to the county
 38        jail or to the custody of the state board of correction for the  remainder
 39        of the sentence.
                                                                        
 40        SECTION  4.  That  Section  20-532, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        20-532.  TERM  OF  COMMITMENT  --  REVIEW  AFTER  COMMITMENT.  A  juvenile
 43    offender committed to a  secure  facility  shall  remain  until  the  offender
 44    reaches  nineteen (19) years of age, is retained for extended custody pursuant
 45    to section 20-520(1)(qr), Idaho Code, or is released or discharged. A juvenile
 46    offender committed to a secure facility shall  appear  before  the  department
 47    within ninety (90) days after commitment, for review of treatment plans.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16941C1

This legislation is a recommendation of the Interim Committee on
Mental Health and Substance Abuse that met during the past summer and
fall of 2006.  This legislation adds a new paragraph to the
Sentencing Chapter of the Juvenile Correction Act of the Idaho Code
that deals with substance abuse.  The changes allow judges some
broadened sentencing and treatment options. 

The legislation allows a judge to order a substance abuse assessment
and based on that assessment, order a juvenile to receive substance
abuse treatment based on a treatment plan approved by the court. 
                    
                         FISCAL NOTE

This legislation broadens the state juvenile court sentencing and
treatment options for substance abusing juveniles and it does so
within the existing court structure.  The implementation of this
legislation is not expected to have a fiscal impact on the general
fund.  It is possible that alternative sentencing and treatment
options could potentially save the state money by reducing the number
of juveniles placed in the custody of the state.



Contact Name: 
Senator Joe Stegner 
Phone: 208 332-1308
Representative Sharon Block 
Senator Joyce Broadsword 
Representative Margaret Henbest 
Senator Chuck Coiner
Representative Jo An Wood 
Senator Elliot Werk

STATEMENT OF PURPOSE/FISCAL NOTE                         S 1142