TITLE 20

STATE PRISON AND COUNTY JAILS

CHAPTER 5

JUVENILE CORRECTIONS ACT

20-504.  Duties of the department of juvenile corrections. (1) The department shall have jurisdiction over all juvenile offenders committed to it pursuant to chapter 5, title 20, Idaho Code.

(2)  The department shall have legal custody over all juvenile offenders committed to it by the courts of this state for confinement. The department shall not have legal guardianship of any juvenile offender.

(3)  The department is responsible for all juvenile offenders committed to it by the courts of this state for confinement. The department shall also establish minimum standards for detention, care and certification of approved detention facilities based upon such standards.

(4)  The department shall establish and administer all secure residential facilities including all state juvenile correctional centers.

(5)  The department shall make all decisions regarding placement of juvenile offenders committed to it in the most appropriate program for supervision and treatment.

(6)  The department shall establish an observation and assessment process for juvenile offenders committed to it by a court.

(7)  The department shall establish liaison services with the counties or within the department’s regions.

(8)  The department may establish and operate work programs designed to employ juvenile offenders committed to it in public service work projects for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.

(9)  The department is hereby authorized and may place juvenile offenders committed to it pursuant to this chapter in a community-based or private program; provided, that the person, agency or association operating the facility or program has been approved and has otherwise complied with all applicable state and local laws.

(10) The department shall establish minimum standards for the operation of all private residential and nonresidential facilities and programs that provide services to juvenile offenders committed to the department. The standards shall be no more stringent than standards imposed for facilities operated by the department or for detention facilities operated by counties.

(11) The department shall provide technical assistance to counties establishing research-based programs for juvenile offenders who either have been found to come under the purview of this chapter or who have had their case informally diverted pursuant to section 20-511, Idaho Code, and who have not been committed to the legal custody of the department.

(12) The department shall have authority to adopt such administrative rules pursuant to the procedures provided in chapter 52, title 67, Idaho Code, as are deemed necessary or appropriate for the functioning of the department and the implementation and administration of this act.

(13) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with a private association or organization or other public agency or organization for the inspection and licensure of detention facilities.

(14) Subject to any competitive bidding requirements otherwise provided by law, the department shall have authority to enter into contracts with private providers or local governmental agencies for the confinement or other permanent or temporary placement of juvenile offenders committed to its custody.

(15) The department shall have authority to apply for, receive and expend federal funds, subject to appropriation by the legislature. The department shall have authority to establish guidelines for and administer the distribution of state juvenile corrections act funds to counties for the employment and training of county probation officers, the establishment of secure and nonsecure residential or nonresidential facilities and programs for juvenile offenders. The department may require that a county provide matching funds as a condition of receiving juvenile corrections act funds. The department, by rule, in cooperation with the courts and the counties, shall establish uniform standards for county juvenile probation services, as well as qualifications for and standards for the training of juvenile probation officers.

 

History:

[(20-504) 1989, ch. 155, sec. 9, p. 380; am. and redesig. 1995, ch. 44, sec. 5, p. 73; am. 1995, ch. 277, sec. 3, p. 928; am. 1997, ch. 83, sec. 2, p. 197; am. 1997, ch. 261, sec. 1, p. 745; am. 2000, ch. 139, sec. 2, p. 366; am. 2003, ch. 35, sec. 1, p. 154; am. 2004, ch. 50, sec. 2, p. 236; am. 2007, ch. 47, sec. 1, p. 118; am. 2012, ch. 19, sec. 4, p. 42.]