TITLE 19

CRIMINAL PROCEDURE

CHAPTER 26

SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS

19-2601A.  blended sentence. (1) If the convicted juvenile is a juvenile held for adult criminal proceedings, the court may suspend execution of judgment of a sentence, retain jurisdiction and issue an order committing the convicted juvenile to dual custody with the state board of correction and the department of juvenile corrections.

(2)  During this period of dual custody and retained jurisdiction:

(a)  The department of juvenile corrections shall assume physical custody of and financial responsibility for the convicted juvenile from the time of the court’s order until the court terminates the department’s custody, jurisdiction is relinquished or the juvenile reaches twenty-one (21) years of age, whichever occurs first;

(b)  The department of juvenile corrections shall be responsible for determining the placement of the convicted juvenile and such education, programming and treatment as it determines to be appropriate. However, court approval is required by the sentencing court prior to the department placing a convicted juvenile in a community residential setting;

(c)  The state board of correction shall be a member of the convicted juvenile’s treatment team. The state board of correction shall participate in staffings and shall provide supervision pursuant to section 20-219, Idaho Code, if the convicted juvenile is placed in a community residential setting by the department of juvenile corrections. During this period of supervision, the state board of correction shall not file a probation violation, but may petition the court to terminate the custody of the department pursuant to paragraph (d) of this subsection;

(d)  While the convicted juvenile is in the physical custody of the department of juvenile corrections, if either the department or the state board of correction reasonably believes that the juvenile is failing to comply with all reasonable program requirements, the department or the state board of correction may petition the sentencing court to terminate custody of the department. If the juvenile has successfully completed the program or is sixty (60) days or less from turning twenty-one (21) years of age, the department of juvenile corrections shall return the convicted juvenile to the court for further disposition;

(e)  Any recommendation made by the state board of correction or the department of juvenile corrections to the court regarding the convicted juvenile shall be in the nature of an addendum to the presentence report; and

(f)  Upon the release of the juvenile by the department of juvenile corrections, its duties and obligations cease and custody of the convicted juvenile with the department is terminated.

(3)  All time served under the custody of the department of juvenile corrections shall be credited toward the total sentence given the convicted juvenile. However, in no event may the total of the actual time spent by the convicted juvenile in the custody of the department, plus any adult sentence imposed by the court, exceed the maximum period of imprisonment that could be imposed on an adult convicted of the same crime.

(4)  Upon the release of the convicted juvenile by the department of juvenile corrections or termination of department custody, the court may impose another period of retained jurisdiction pursuant to subsection 4. of section 19-2601, Idaho Code, relinquish jurisdiction and impose the remainder of the sentence with the state board of correction, or place the convicted juvenile on adult felony probation.

History:

[19-2601A, added 2015, ch. 113, sec. 3, p. 283.]