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S1287................................................by JUDICIARY AND RULES
JUVENILES - Amends existing law to revise sentencing provisions for
juveniles.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Jud
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 34-0-1
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(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Siddoway
Floor Sponsor - Richardson
Title apvd - to House
02/05 House intro - 1st rdg - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bayer, Brackett, Lake, Patrick
Floor Sponsor - McGeachin
Title apvd - to Senate
02/21 To enrol
02/22 Rpt enrol - Pres signed
02/25 Sp signed
02/26 To Governor
02/27 Governor signed
Session Law Chapter 41
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1287 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO JUVENILES; AMENDING SECTION 20-520, IDAHO CODE, TO REVISE SENTENC- 3 ING PROVISIONS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 20-520, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 20-520. SENTENCING. (1) Upon the entry of an order finding the juvenile 8 is within the purview of the act, the court shall then hold a sentencing hear- 9 ing in the manner prescribed by the Idaho juvenile rules to determine the sen- 10 tence that will promote accountability, competency development and community 11 protection. Prior to the entry of an order disposing of the case, other than 12 an order of discharge or dismissal, the court may request and, if requested, 13 shall receive a report containing the results of an inquiry into the home 14 environment, past history, competency development, prevention or out of home 15 placement services provided, and the social, physical and mental condition of 16 the juvenile. The court shall not consider or review the report prior to the 17 entry of an order of adjudication. Upon presentation and consideration of the 18 report by the court, the court may proceed to sentence the juvenile as fol- 19 lows: 20 (a) Place the juvenile on formal probation for a period not to exceed 21 three (3) years from the date of the order, except the court may place a 22 juvenile on formal probation for a period not to exceed the juvenile's 23 twenty-first birthday if the court finds that the juvenile has committed a 24 crime of a sexual nature; 25 (b) Sentence the juvenile to detention pursuant to this act for a period 26 not to exceed thirty (30) days for each act, omission or status which is 27 prohibited by the federal, state, local or municipal law or ordinance by 28 reason of minority only. The sentence shall not be executed unless the 29 act, omission or status is in violation of section 922(x) of title 18, 30 United States Code, or the court finds that the juvenile has violated the 31 court's decree imposing the sentence as provided below. 32 If the court, after notice and hearing, finds that a juvenile has 33 violated the court's decree imposing the sentence under circumstances that 34 bring the violation under the valid court order exception of the federal 35 juvenile justice and delinquency prevention act of 1974, as amended, the 36 court may commit the juvenile to detention for the period of detention 37 previously imposed at sentencing; 38 (c) Commit the juvenile to a period of detention, pursuant to this act, 39 for a period of time not to exceed ninety (90) days for each unlawful or 40 criminal act the juvenile is found to have committed, if the unlawful or 41 criminal act would be a misdemeanor if committed by an adult, or where the 42 juvenile has been adjudicated as an habitual status offender; 43 (d) If the juvenile has committed an unlawful or criminal act which would 2 1 be a felony if committed by an adult, the court may commit the juvenile to 2 detention for a period not to exceed one hundred eighty (180) days for 3 each unlawful or criminal act; 4 (e) Whenever a court commits a juvenile to a period of detention it shall 5 notify the school district where the detention facility is located. No 6 juvenile who is found to come within the purview of the act for the com- 7 mission of a status offense shall be sentenced to detention in a jail 8 facility unless an adjudication has been made that the juvenile is an 9 habitual status offender; 10 (f) Commit the juvenile to detention and suspend the sentence on specific 11 probationary conditions; 12 (g) The court may suspend or restrict the juvenile's driving privileges 13 for such periods of time as the court deems necessary, and the court may 14 take possession of the juvenile's driver's license. The juvenile may 15 request restricted driving privileges during a period of suspension, which 16 the court may allow if the juvenile shows by a preponderance of evidence 17 that driving privileges are necessary for his employment or for family 18 health needs; 19 (h) The court may order that the juvenile be examined or treated by a 20 physician, surgeon, psychiatrist or psychologist, or that he receive other 21 special care, or that he submit to an alcohol or drug evaluation, if 22 needed, and for such purposes may place the juvenile in a hospital or 23 other suitable facility; 24 (i) The court may order that the department of health and welfare conduct 25 a comprehensive substance abuse assessment of the juvenile. After receiv- 26 ing the comprehensive substance abuse assessment, and upon a finding by 27 the court that treatment will provide a cost-effective means of achieving 28 the sentencing goals of accountability, competency development and commu- 29 nity protection, the court may order that the juvenile receive immediate 30 treatment for substance abuse in keeping with a plan of treatment approved 31 by the court. The initial cost of the assessment and treatment shall be 32 borne by the department of health and welfare. The director of the depart- 33 ment of health and welfare may promulgate rules consistent with this para- 34 graph (i) to establish a schedule of fees to be charged to parents by the 35 department of health and welfare for such services based upon the cost of 36 the services and the ability of parents to pay; 37 (j) In support of an order under the provisions of this section, the 38 court may make an additional order setting forth reasonable conditions to 39 be complied with by the parents, the juvenile, his legal guardian or cus- 40 todian, or any other person who has been made a party to the proceedings, 41 including, but not limited to, restrictions on visitation by the parents 42 or one (1) parent, restrictions on the juvenile's associates, occupation 43 and other activities, and requirements to be observed by the parents, 44 guardian or custodian; 45 (k) The court may make any other reasonable order which is in the best 46 interest of the juvenile or is required for the protection of the public, 47 except that no person under the age of eighteen (18) years may be commit- 48 ted to jail, prison or a secure facility which does not meet the standards 49 set forth in section 20-518, Idaho Code, unless jurisdiction over the 50 individual is in the process of being waived or has been waived pursuant 51 to section 20-508 or 20-509, Idaho Code. The court may combine several of 52 the above-listed modes of disposition where they are compatible; 53 (l) An order under the provisions of this section for probation or place- 54 ment of a juvenile with an individual or an agency may provide a schedule 55 for review of the case by the court; 3 1 (m) Order the proceeding expanded or altered to include consideration of 2 the cause pursuant to chapter 16, title 16, Idaho Code; 3 (n) Order the case and all documents and records connected therewith 4 transferred to the magistrate division of the district court for the 5 county where the juvenile and/or parents reside if different than the 6 county where the juvenile was charged and found to have committed the 7 unlawful or criminal act, for the entry of a dispositional order; 8 (o) Order such other terms, conditions, care or treatment as appears to 9 the court will best serve the interests of the juvenile and the community; 10 (p) The court shall assess a twenty dollar ($20.00) detention/probation 11 training academy fee against the juvenile for every petition filed where 12 there has been an adjudication that the juvenile is within the purview of 13 this chapter. All moneys raised pursuant to this paragraph shall be trans- 14 mitted by the court for deposit in the juvenile corrections fund which is 15 created in section 20-542, Idaho Code; 16 (q) Additionally, the court shall assess a fee of sixty cents (60¢) per 17 hour of community service against the juvenile for every petition filed 18 where there has been an adjudication that the juvenile is within the pur- 19 view of this chapter and the court is ordering community service. Such 20 fee is to be remitted by the court to the state insurance fund for pur- 21 poses of providing worker's compensation insurance for persons performing 22 community service pursuant to this chapter; 23 (r) Commit the juvenile to the legal custody of the department of juve- 24 nile corrections for an indeterminate period of time not to exceed the 25 juvenile's nineteenth birthday, unless, in the opinion ofthe custody 26 review board,determines that extended time in custody is necessary to 27 address competency development, accountability, and community protection; 28 provided however, that no juvenile shall remain in the custody of the 29 department beyond the juvenile's twenty-first birthday. The department 30 shall adopt rules implementing the custody review board and operations and 31 procedures of such board; 32 (s) Notwithstanding any other provision of this section, a court may not 33 commit a juvenile offender under the age of ten (10) years to a period of 34 detention or to the custody of the department of juvenile corrections for 35 placement in secure confinement. 36 (2) When an order is entered pursuant to this section, the juvenile shall 37 be transported to the facility or program so designated by the court or the 38 department, as applicable, by the sheriff of the county where the juvenile 39 resides or is committed, or by an appointed agent. When committing a juvenile 40 to the department, or another entity, the court shall at once forward to the 41 department or entity a certified copy of the order of commitment. 42 (3) Unless the court determines that an order of restitution would be 43 inappropriate or undesirable, it shall order the juvenile or his parents or 44 both to pay restitution to or make whole any victim who suffers an economic 45 loss as a result of the juvenile's conduct in accordance with the standards 46 and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of 47 restitution which may be ordered by the court shall not be subject to the lim- 48 itations of section 6-210, Idaho Code. Court-ordered restitution shall be paid 49 prior to any other court-ordered payments unless the court specifically orders 50 otherwise. 51 (4) The court may order the juvenile's parents, legal guardian or custo- 52 dian to pay the charges imposed by community programs ordered by the court for 53 the juvenile, or the juvenile's parents, legal guardian or custodian. 54 (5) Any parent, legal guardian or custodian violating any order of the 55 court entered against the person under the provisions of this chapter shall be 4 1 subject to contempt proceedings under the provisions of chapter 6, title 7, 2 Idaho Code.
STATEMENT OF PURPOSE
RS 17323
Amend section 20-520(1)(r), Idaho Code, of the Juvenile
Corrections Act to clarify current language that the opinions of
the Custody Review Board are determinations, not
recommendations. The term “opinions” has been causing confusion
as it is currently written.
FISCAL NOTE
There will be no fiscal impact.
CONTACT
Name: Larry Callicutt
Agency: Juvenile Corrections, Dept. of
Phone: 334-5100
STATEMENT OF PURPOSE/FISCAL NOTE S 1287