TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 5

JUVENILE CORRECTIONS ACT

20-502.  Definitions. When used in this chapter, unless the context otherwise requires:

(1)  "Adult" means a person eighteen (18) years of age or older.

(2)  "Assessment" means a comprehensive and individualized examination of the mental health, substance use, or other needs for a juvenile that typically results in treatment interventions and recommendations.

(3)  "Commit" means to transfer legal custody.

(4)  "Community-based program" means an in-home confinement program or a nonsecure or staff-secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county.

(5)  "Court" means any district court within the state of Idaho or magistrate division thereof.

(6)  "Custody review board" means the board created and authorized by law to review cases of juveniles in custody of the department.

(7)  "Department" means the state department of juvenile corrections.

(8)  "Detention" means the temporary placement of juvenile offenders who require secure custody for their own or the community’s protection in physically restricting facilities.

(9)  "Director" means the director of the department of juvenile corrections.

(10) "Diversion" means an alternative to formal prosecution of a juvenile offense. Diversion describes intervention approaches that redirect juveniles away from formal court processing in the juvenile justice system while applying the principles of the balanced approach and restorative justice. Diversion strategies take place at arrest, referral, intake, or prior to or after the filing of a petition and should provide the same array of services as formal court processing, except for detention. Diversion may be appropriate for low-risk or moderate-risk offenders as informed by results of a valid screening instrument.

(11) "Judge" means a district judge or a magistrate.

(12) "Juvenile" means a person less than eighteen (18) years of age or who was less than eighteen (18) years of age at the time of any alleged act, omission or status.

(13) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(14)  "Juvenile detention center" means a secure facility established pursuant to sections 20-517 and 20-518, Idaho Code, and in compliance with IDAPA 05.01.02.

(15) "Juvenile offender" means a person under the age of eighteen (18) years at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter.

(16) "Legal custody" means the relationship created by the court’s decree that imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care.

(17) "Legal guardian" means a person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner or operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender.

(18) "Observation and assessment program" means any state-operated or purchased service program responsible for temporary custody of juvenile offenders for observation and assessment.

(19) "Screening" means a brief process, typically using a validated tool to identify juveniles who warrant immediate attention, intervention, or a more comprehensive assessment. Screening tools help guide and identify juveniles who might be appropriate for diversion or who need comprehensive mental health or substance use assessments.

(20) "Secure facility" means any architecturally secure residential facility that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(21) "Staff-secure facility" means a nonarchitecturally secure residential facility with awake staff twenty-four (24) hours a day, seven (7) days a week for intensive supervision of juvenile offenders.

(22) "Validated risk/needs assessment" means a validated instrument that measures a juvenile’s criminal risk factors and specific needs that, if addressed, should reduce the juvenile’s likelihood to reoffend.

(23) "Work program" means a public service work project that employs juvenile offenders at a reasonable wage for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.

History:

[(20-502) 16-1802, added 1963, ch. 319, sec. 2, p. 876; am. 1973, ch. 27, sec. 1, p. 51; am. 1984, ch. 81, sec. 3, p. 149; am. 1989, ch. 155, sec. 2, p. 375; am. 1990, ch. 245, sec. 1, p. 696; am. 1990. ch. 355, sec. 1, p. 959; am. and redesig. 1995, ch. 44, sec. 3, p. 71; am. 1995, ch. 277, sec. 1, p. 926; am. 1997, ch. 83, sec. 1, p. 195; am. 2000, ch. 139, sec. 1, p. 365; am. 2012, ch. 19, sec. 2, p. 40; am. 2021, ch. 18, sec. 2, p. 43; am. 2022, ch. 23, sec. 1, p. 65.]