T20CH5
Title 20 > T20CH5
Sections (57)
20-501
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-501. Legislative intent. (1) It is the policy of the state of Idaho that the juvenile corrections system will be based on the following principles: accountability, community protection, and competency development. Where a juvenile has been found to be within the purview of the juvenile corrections act, the court shall impose a sentence that will protect the community, hold the juvenile offender accountable for his actions, and assist the juvenile offender in developing skills to become a contributing member of a diverse community. It is the further policy of the state of Idaho that the parents or other legal guardians of the juvenile offender participate in the accomplishment of these goals through participation in counseling and treatment designed to develop positive parenting skills and an understanding of the family’s role in the juvenile offender’s behavior. It is the further intent of the legislature that the parents of the juvenile offender be held accountable, where appropriate, through monetary reimbursement for supervision and confinement of the juvenile offender and restitution to victims of the juvenile offender’s delinquent acts. In enacting this legislation, the legislature finds that the juvenile corrections system should encompass the following aspects: diversion, day treatment, community programs, observation and assessment programs, probation services, secure facilities, aftercare, and assistance to counties for juvenile offenders not committed to the custody of the department of juvenile corrections. (2) The following is a brief description of what the legislature intends to become the components of Idaho’s juvenile corrections system: (a) Diversion. An alternative to formal prosecution of a juvenile offense. Diversions seek to hold a juvenile accountable for his actions through various interventions while redirecting youth away from formal processing in the juvenile justice system. (b) Probation. Probation officers have twenty-four (24) hour on-call responsibility for juvenile offenders and monitor their activities on a continual basis. Probation officers are responsible for assisting juvenile offenders and their families in accessing counseling or treatment resources, close supervision of juvenile offenders’ activities, supervision of restitution, and coordination of other services provided to juvenile offenders. Juvenile offenders ordered into the custody of the department of juvenile corrections would be monitored by a county probation officer. (c) Day treatment. Day treatment programs are time-limited nonresidential treatment and educational programs. Included in these programs may be trackers who provide intensive supervision of juvenile offenders through daily contact and by counseling juvenile offenders regarding employment, education, courts, family, and life skills. Nonresidential alcohol and drug programs provide outpatient assessment and cou
20-502
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 du
20-503
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-503. Department of juvenile corrections created — Appointment of director — Powers and duties of department. (1) The department of juvenile corrections is hereby created. The department shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government. (2) The department shall be under the control and supervision of a director, who shall be appointed by the governor, with the advice and consent of the senate. The director shall exercise all of the powers and duties necessary to carry out the proper administration of the department and may delegate duties to employees and officers of the department. The director shall have the authority to employ an attorney or attorneys to provide legal services to the department and such managers, assistants, clerical staff and other employees necessary to the proper functioning and administration of the department. (3) The department of juvenile corrections shall be composed of such administrative units as may be established by the director for the proper and efficient administration of the powers and duties assigned to the director or the department. The director shall appoint an administrator for each administrative unit within the department. (4) The director shall have full power and authority to do all things necessary to establish and provide for the administration and operation of the department of juvenile corrections. History: [20-503, added 1995, ch. 44, sec. 4, p. 72; am. 1995, ch. 277, sec. 2, p. 927; am. 2012, ch. 19, sec. 3, p. 41; am. 2025, ch. 47, sec. 1, p. 222.]
20-504
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 as
20-504A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-504A. State juvenile correctional centers — Purposes — Powers and duties of the department and the director. (1) The purposes of a juvenile correctional center shall be: (a) The care, control and competency development of adjudicated juvenile offenders meeting standards for admission as adopted by the Idaho supreme court; (b) The provision pursuant to agreement with the counties of detention services for juvenile offenders subject to administrative or court order; (c) The provision of observation and assessment services for juvenile offenders committed to the department of juvenile corrections; and (d) To accept for placement those individuals sentenced to a state juvenile correctional center by a district court, or pursuant to agreement with the board of correction, subsequent to waiver of juvenile court jurisdiction. (2) The department shall administer and provide general oversight of all state juvenile correctional centers and any other secure or nonsecure facilities holding juvenile offenders committed to it as required by the juvenile corrections act. (3) The department shall assure that the educational programs of state juvenile correctional centers are in compliance with educational standards that are approved by the Idaho state board of education or an accrediting association recognized by the Idaho state board of education. (4) The department shall have the power to promulgate rules in accordance with the provisions of chapter 52, title 67 , Idaho Code, for the administration and operation of state juvenile correctional centers. (5) The director shall have the power: (a) To employ, fix the salary and prescribe the duties of a superintendent for each juvenile correctional center. The superintendent shall be a nonclassified employee and shall serve at the pleasure of the director. With the advice of the director, the superintendent may appoint and prescribe the duties of assistants, instructors, specialists and other employees required for the operation of the center; (b) To remove any employee of a juvenile correctional center for cause or as allowed by chapter 53, title 67 , Idaho Code; (c) To ensure that all teachers, except specialists, hold teaching certificates issued under the authority of the state board of education which are valid for the grades and subjects taught. All specialists shall hold diplomas from an accredited school of their specialty; (d) To have, at all times, general supervision and control of all property, real and personal, appertaining to the center, and to insure the same; and (e) To expend tax moneys appropriated, or otherwise placed to the credit of the center for maintenance and operation and to account for the same as prescribed by law. History: [20-504A, added 1997, ch. 83, sec. 3, p. 198; am. 2012, ch. 19, sec. 5, p. 44.]
20-505
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-505. Jurisdiction. Subject to the prior jurisdiction of the United States, the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act, omission or status, in the county in which the juvenile resides, or in the county in which the act, omission or status allegedly took place, in the following cases: (1) Where the act, omission or status occurs in the state of Idaho and is prohibited by federal, state, local or municipal law or ordinance by reason of minority only; (2) Where the act or omission occurs in the state of Idaho and is a violation of any federal, state, local or municipal law or ordinance which would be a crime if committed by an adult; (3) Concerning any juvenile where the juvenile comes under the purview of the interstate compact for juveniles as set forth in chapter 19, title 16 , Idaho Code; (4) This chapter shall not apply to juvenile violators of beer, wine or other alcohol and tobacco laws; except that a juvenile violator under the age of eighteen (18) years at the time of the violation may, at the discretion of the court, be treated under the provisions of this chapter, provided that a juvenile taken into custody pursuant to section 20-516 (1)(c), Idaho Code, for an alcohol age infraction under section 18-1502 (e), Idaho Code, shall be treated within the provisions of this chapter; (5) This chapter shall not apply to the juvenile offenders who are transferred for criminal prosecution as an adult, as provided in this chapter; (6) This chapter shall not apply to juvenile violators of traffic, watercraft, fish and game, failure to obey a misdemeanor citation and criminal contempt laws; except that a juvenile violator under the age of eighteen (18) years at the time of such violation may, at the discretion of the court, be treated under the provisions of this chapter; (7) This chapter shall not apply to juvenile sex offenders who violate the provisions of section 18-8414 , Idaho Code. History: [(20-505) 16-1803 added 1976, ch. 233, sec. 1, p. 823; am. 1981, ch. 112, sec. 1, p. 168; am. 1981, ch. 222, sec. 6, p. 414; am. 1982, ch. 110, sec. 1, p. 311; am. 1984, ch. 81, sec. 4, p. 150; am. 1990, ch. 355, sec. 2, p. 960; am. 1993, ch. 154, sec. 2, p. 391; am. 1994, ch. 150, sec. 1, p. 344; am. 1994, ch. 414, sec. 2, p. 1303; am. and redesig. 1995, ch. 44, sec. 6, p. 75; am. 1996, ch. 261, sec. 3, p. 860; am. 1998, ch. 69, sec. 1, p. 262; am. 1999, ch. 388, sec. 1, p. 1083; am. 1999, ch. 389, sec. 1, p. 1085; am. 2002, ch. 185, sec. 1, p. 537; am. 2004, ch. 270, sec. 3, p. 754; am. 2005, ch. 94, sec. 1, p. 314; am. 2005, ch. 187, sec. 1, p. 573; am. 2012, ch. 19, sec. 6, p. 44; am. 2016, ch. 344, sec. 2, p. 988.]
20-506
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-506. Transfer from other courts. If during the pendency of a criminal or quasi-criminal charge against any juvenile in any other court, it shall be ascertained that the juvenile was under the age of eighteen (18) years at the time of committing the alleged offense, except where such juvenile has left the state, or where said charge is that such juvenile is a juvenile traffic, beer, wine or other alcohol or tobacco violator, or is within the purview of section 20-508 (1)(a) or (1)(b), Idaho Code, it shall be the duty of such court forthwith to transfer the case, together with all the papers, documents and testimony connected therewith, to the court having jurisdiction over the juvenile with respect to the offense charged. The court making such transfer shall order the juvenile to be taken forthwith to the court to which the transfer is being made or place of detention designated by the court or shall release the juvenile to the custody of some suitable person to be brought before the court at a time designated. The court to which the case is transferred shall then proceed as provided in this act. History: [(20-506) 1963, ch. 319, sec. 4, p. 876; am. 1981, ch. 222, sec. 7, p. 414; am. 1982, ch. 110, sec. 2, p. 312; am. and redesig. 1995, ch. 44, sec. 7, p. 76.]
20-507
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-507. Retention of jurisdiction. Jurisdiction obtained by the court in the case of a juvenile offender shall be retained by it for the purposes of this act until he becomes twenty-one (21) years of age, unless terminated prior thereto. If a juvenile offender under the jurisdiction of the court and after attaining eighteen (18) years of age, is charged with a felony, he shall be treated as any other adult offender. If a person eighteen (18) years of age or older already under court jurisdiction is convicted of a felony, that conviction shall terminate the jurisdiction of the court, provided however, nothing herein contained shall prohibit any court from proceeding as provided in section 20-508 (2), Idaho Code. History: [(20-507) 1963, ch. 319, sec. 5, p. 876; am. 1984, ch. 81, sec. 5, p. 151; am. 1989, ch. 155, sec. 3, p. 376; am. and redesig. 1995, ch. 44, sec. 8, p. 77; am. 2012, ch. 19, sec. 7, p. 45.]
20-508
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-508. Waiver of jurisdiction and transfer to other courts. (1) After the filing of a petition and after full investigation and hearing, the court may waive jurisdiction under the juvenile corrections act over the juvenile and order that the juvenile be held for adult criminal proceedings when: (a) A juvenile is alleged to have committed any of the crimes enumerated in section 20-509 , Idaho Code; or (b) A juvenile is alleged to have committed an act other than those enumerated in section 20-509 , Idaho Code, after the child became fourteen (14) years of age which would be a crime if committed by an adult; or (c) An adult at the time of the filing of the petition is alleged to have committed an act prior to his having become eighteen (18) years of age which would be a felony if committed by an adult, and the court finds that the adult is not committable to an institution for people with intellectual disabilities or mental illness, is not treatable in any available institution or facility available to the state designed for the care and treatment of juveniles, or that the safety of the community requires the adult continue under restraint; or (d) An adult already under the jurisdiction of the court is alleged to have committed a crime while an adult. (2) A motion to waive jurisdiction under the juvenile corrections act and prosecute a juvenile under the criminal law may be made by the prosecuting attorney, the juvenile, or by motion of the court upon its own initiative. The motion shall be in writing and contain the grounds and reasons in support thereof. (3) Upon the filing of a motion to waive jurisdiction under the juvenile corrections act, the court shall enter an order setting the motion for hearing at a time and date certain and shall order a full and complete investigation of the circumstances of the alleged offense to be conducted by county probation, or such other agency or investigation officer designated by the court. (4) Upon setting the time for the hearing upon the motion to waive jurisdiction, the court shall give written notice of said hearing to the juvenile, and the parents, guardian or custodian of the juvenile, and the prosecuting attorney, at least ten (10) days before the date of the hearing, or a lesser period stipulated by the parties, and such notice shall inform the juvenile and the parents, guardian or custodian of the juvenile of their right to court appointed counsel. Service of the notice shall be made in the manner prescribed for service of a summons under section 20-512 , Idaho Code. (5) The hearing upon the motion to waive jurisdiction shall be held in the same manner as an evidentiary hearing upon the original petition and shall be made part of the record. (6) If as a result of the hearing on the motion to waive jurisdiction the court shall determine that jurisdiction should not be waived, the petition shall be processed in the customary ma
20-509
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-509. Violent offenses, controlled substances violations near schools — offenders. (1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) years who is alleged to have committed any of the following crimes and, pursuant to section 20-508 , Idaho Code, has been ordered by the court to be held for adult criminal proceedings: (a) Murder of any degree or attempted murder; (b) Robbery; (c) Rape as defined in section 18-6101 , Idaho Code; (d) Forcible sexual penetration by the use of a foreign object; (e) Mayhem; (f) Assault or battery with the intent to commit any of the serious felonies provided in this section; (g) A violation of the provisions of section 37-2732 (a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds that were, at the time of the violation, being used for an activity sponsored by or through such a school; and (h) Arson in the first degree and aggravated arson; shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information that are based on the same act or transaction or on one (1) or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as if that juvenile were an adult defendant. (2) A juvenile who has been formally charged or indicted pursuant to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of section 20-508 , Idaho Code, or this section shall not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice. (a) In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have sight or sound contact with adult inmates, a court shall consider: (i) The age of the juvenile; (ii) The physical and mental maturity of the juvenile; (iii) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of self-harm; (iv) The nature and circumstances of the alleged offense; (v) The juvenile’s history of prior delinquent acts; (vi) The relative ability of the available adult and juvenile detention facilities not only to meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and (vii) Any other relevan
20-510
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-510. Information — Investigation — Petition. Any peace officer, any prosecuting attorney, or any authorized representative of the board of trustees of a school district of this state, having knowledge of a juvenile who is within the purview of this act may file a petition with the court in such form as may be required by the court, except a peace officer may also issue a citation for a curfew violation pursuant to section 20-549 , Idaho Code. Said individual or agency shall be responsible for providing the evidence to support the allegations made in the petition, provided this in no way shall relieve peace officers from enforcement of the law as set forth in section 31-2227 , Idaho Code. The court may make a preliminary inquiry to determine whether the interests of the public or of the juvenile require that further action be taken. Such inquiry may be made through the county probation officer or such other agent or investigation officer designated by the court. Thereupon, the court may make such informal adjustment as is practicable, or dismiss the petition, or set the matter for hearing. If an informal adjustment is made, it shall provide for full or partial restitution in the manner and form prescribed by the court when the offense involves loss or damage of property of another. A probation officer shall not file a petition unless the juvenile has previously been under the jurisdiction of the court. The petition and all subsequent court documents shall be entitled In the interest of …, a juvenile under eighteen (18) years of age. The petition may be made upon information and belief but it shall be made under oath. It shall set forth plainly: (1) the facts which bring the juvenile within the purview of this act; (2) the name, age, and residence of the juvenile; (3) the names and residences of his parents and spouse, if any; (4) the name and residence of his legal guardian, if there be one, or the person or persons having custody or control of the juvenile, or of the nearest known relative if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner the petition shall so state. Service of a petition upon the parents, legal guardian or person or persons having custody or control of the juvenile shall subject the parents, legal guardian or person or persons having custody or control of the juvenile to the provisions of this chapter. The petition shall inform the parents, legal guardian or other person legally obligated to care for and support the juvenile that service of the petition upon them shall make them subject to the provisions of this chapter. History: [(20-510) 1963, ch. 319, sec. 7, p. 876; am. 1977, ch. 156, sec. 1, p. 399; am. 1989, ch. 155, sec. 4, p. 376; am. 1990, ch. 355, sec. 3, p. 960; am. and redesig. 1995, ch. 44, sec. 11, p. 80; am. 2000, ch. 74, sec. 1, p. 157; am. 2006, ch. 177, sec. 1, p. 544.]
20-511
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-511. Diversion. (1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker’s compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required. (2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113 , Idaho Code. History: [(20-511) 16-1807A, added 1984, ch. 81, sec. 7, p. 152; am. 1994, ch. 233, sec. 3, p. 727; am. and redesig. 1995, ch. 44, sec. 12, p. 80; am. 1996, ch. 260, sec. 1, p. 856; am. 2009, ch. 154, sec. 1, p. 449; am. 2012, ch. 19, sec. 10, p. 49; am. 2013, ch. 222, sec. 1, p. 522; am. 2014, ch. 345, sec. 1, p. 865; am. 2015, ch. 141, sec. 24, p. 404; am. 2016, ch. 51, sec. 1, p. 147; am. 2022, ch. 20, sec. 1, p. 41.]
20-511A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-511A. Mental health assessments and plans of treatment. (1) A judge of any court shall order the department of health and welfare to submit appropriate mental health assessments and a plan of treatment for the court’s approval if at any stage of a proceeding under this chapter or the child protective act, chapter 16, title 16 , Idaho Code, a judge has reason to believe, based upon the record and proceedings of the court or upon an affidavit of a party, state or county agency or any person having physical custody of the juvenile or juvenile offender, that he or she: (a) Is suffering a substantial increase or persistence of a serious emotional disturbance as defined in section 16-2403 , Idaho Code, which impairs his or her ability to comply with the orders and directives of the court, or which presents a risk to his or her safety or well-being or the safety of others; and (b) Such condition has not been adequately addressed with supportive services and/or corrective measures previously provided to the juvenile, or the juvenile’s needs with respect to the serious emotional disturbance are not being met or have not been met. (2) The court may convene a screening team consisting of representatives from the department of health and welfare, county probation, local school officials, teen early intervention specialists as provided for under section 16-2404A , Idaho Code, the department of juvenile corrections and/or other agencies or persons designated by the court to review the plan of treatment and provide written recommendations to the court. Parents and guardians of the juvenile or juvenile offender, if available, shall be included in the screening team and consulted with regard to the plan of treatment. (3) If the court, after receiving the mental health assessment and plan of treatment submitted by the department of health and welfare and any recommendations from the screening team, determines that additional information is necessary to determine whether the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, or to determine an appropriate plan of treatment for the juvenile or juvenile offender, the court may order an evaluation and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist, with the expenses of such evaluation and/or recommendations to be borne by the department of health and welfare. (4) If the court concludes that the conditions set forth in subsections (1)(a) and (1)(b) of this section are present, the plan of treatment, as approved by the court, shall be entered into the record as an order of the court. The department of health and welfare shall provide mental health treatment as designated by the approved plan of treatment. If in-patient or residential treatment is required as part of the plan of treatment, the court shall hold a hearing on whether to order such treat
20-512
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-512. Summons — Notice — Custody of juvenile. After a petition shall have been filed and after such further investigation as the court may direct, and if the matter is set for hearing, the court shall issue a summons requiring the person or persons who have custody or control of the juvenile to appear personally and bring the juvenile before the court at a time and place stated; provided, however, if hearing is to be held, it shall be held not later than fifteen (15) days after the summons is issued unless the court should order on being shown cause that the time be extended. If the person so summoned shall be other than a parent or guardian of the juvenile, then the parent or guardian or both shall also be notified of the pendency of the case and of the time and place appointed for the hearing. Notice shall be given as hereinafter provided. A subpoena may be issued requiring the appearance of any other person whose presence is required by the juvenile, his guardian or any other person who, in the opinion of the judge, is necessary. If it appears the juvenile is in such condition or surroundings that his welfare requires that he be taken into custody immediately, the judge, as provided in section 20-516 , Idaho Code, may order by endorsement upon the summons that the officer serving the same shall at once take the juvenile into custody and bring him before the court. History: [(20-512) 1963, ch. 319, sec. 8, p. 876; am. and redesig. 1995, ch. 44, sec. 13, p. 81.]
20-513
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-513. Service of summons — Travel expenses. Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing. When publication is used the summons shall be published in two (2) consecutive issues of a weekly newspaper printed and published in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons. Service of summons, process or notice required by this act shall be made by the sheriff or a probation officer upon the request of the court and a return must be made by the sheriff on the summons showing that such service has been made. The judge may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this act, and such expenses when approved by the judge shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county. The court may summon the appearance of any person whose presence is deemed necessary as a witness or possible resource for the care and treatment of the juvenile, including persons whom the juvenile or the family wishes to have present. History: [(20-513) 1963, ch. 319, sec. 9, p. 876; am. 1976, ch. 246, sec. 1, p. 845; am. and redesig. 1995, ch. 44, sec. 14, p. 82.]
20-514
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-514. representation at all stages of proceedings — Appointment of counsel — waiver — Payment of cost of legal services. (1) A juvenile who is being detained by a law enforcement officer or who is under formal charge of having committed, or who has been adjudicated for commission of, an act, omission or status that brings him under the purview of this act, is entitled: (a) To be represented by an attorney to the same extent as an adult having his own counsel is so entitled pursuant to section 19-6009 , Idaho Code; and (b) To be provided with the necessary services and facilities of representation, including investigation and other preparation. (2) A juvenile who is entitled to be represented by an attorney under subsection (1) of this section is entitled: (a) To be counseled and defended at all stages of the matter beginning with the earliest time and including revocation of probation or recommitment; (b) To be represented in any appeal; and (c) To be represented in any other post-adjudication or review proceeding that the attorney or the juvenile considers appropriate, unless the court in which the proceeding is brought determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense and is therefore a frivolous proceeding. (3) A juvenile’s right to a benefit under subsection (1) or (2) of this section is unaffected by his having provided a similar benefit at his own expense, or by his having waived it, at an earlier stage. (4) As early as possible in the proceedings, and in any event before the hearing of the petition on the merits, the juvenile and his parents, or guardian, shall be notified of their right to have counsel represent them. When it appears to the court that the juvenile or his parents or guardian desire counsel but are financially unable to pay for such legal services, the court shall appoint counsel to represent the juvenile and his parents or guardian; provided that in the event the court shall find that there is a conflict of interest between the interests of the juvenile and his parents or guardian, then the court shall appoint separate counsel for the juvenile, whether or not he or his parents or guardian are able to afford counsel, unless there is an intelligent waiver of the right of counsel by the juvenile, except as provided in subsection (6) of this section, and the court further determines that the best interest of the juvenile does not require the appointment of counsel. Counsel appointed under this section shall initially receive reasonable compensation from the county and the county shall have the right to be reimbursed for the cost thereof by the parents or guardian as hereafter provided in this section. (5) Any waiver of the right to counsel by a juvenile under this act shall be made in writing, on the record and upon a finding by the court that: (a) The juvenile has been info
20-515
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-515. Failure to obey summons, a contempt — Warrant. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the juvenile offender requires that he be brought forthwith into the custody of the court, a warrant or a capias may be issued for the parent, guardian or the juvenile offender. History: [(20-515) 1963, ch. 319, sec. 10, p. 876; am. and redesig. 1995, ch. 44, sec. 16, p. 83; am. 1997, ch. 76, sec. 2, p. 161; am. 2012, ch. 19, sec. 12, p. 51.]
20-516
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-516. Apprehension and release of juveniles — Detention. (1) A peace officer may take a juvenile into custody, or a private citizen may detain a juvenile until the juvenile can be delivered forthwith into the custody of a peace officer, without order of the court: (a) When he has reasonable cause to believe that the juvenile has committed an act that would be a misdemeanor or felony if committed by an adult; or (b) When in the presence of a peace officer or private citizen the juvenile has violated any local, state or federal law or municipal ordinance; or (c) When there are reasonable grounds to believe the juvenile has committed a status offense. Status offenses are truancy, running away from or being beyond the control of parents, guardian, or legal custodian, alcohol age violations under section 18-1502 (e), Idaho Code, and curfew violations. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is a specific detention request from a foreign jurisdiction to hold the juvenile pending transportation arrangements, and a peace officer may, in his discretion, notify the parent, guardian or legal custodian. In the event of an alcohol age infraction under section 18-1502 (e), Idaho Code, the status offense under this section shall be in addition to the infraction. (2) A peace officer may take a juvenile into custody upon a written order or warrant signed by a judge. The judge may issue the order or warrant after finding that there is reasonable cause to believe that the juvenile comes within the purview of this chapter. Such taking into custody shall not be deemed an arrest. Jurisdiction of the court shall attach from the time the juvenile is taken into custody. When an officer takes a juvenile into custody, he shall notify the parent, guardian or custodian of the juvenile as soon as possible. Unless otherwise ordered by the court, or unless it appears to the officer taking the juvenile into custody that it is contrary to the welfare of society or the juvenile, such juvenile shall be released to the custody of his parent or other responsible adult upon written promise, signed by such person, to bring the juvenile to the court at a stated time. Such written promise shall be submitted to the court as soon as possible. If such person fails to produce the juvenile as agreed, or upon notice from the court, a summons for such person may be issued by the court and a warrant may be issued for apprehension of the juvenile. (3) A juvenile taken into custody may be fingerprinted and photographed. Any fingerprints and photographs taken shall be forwarded as provided in subsection (8) of this section. If the court finds good cause, it may order any fingerprints and photographs expunged. (4) When a juvenile is not released, he shall be taken
20-516A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-516A. JUVENILE PRETRIAL SUPERVISION — FEEs. (1) The board of county commissioners may establish a juvenile supervised pretrial release program to perform those functions as prescribed by the administrative district judge in each judicial district. The board of county commissioners may provide for juvenile supervised pretrial release services through employment of staff, contract, or any other process that will accomplish the purposes of this section. A board of county commissioners shall not be obligated to establish a juvenile supervised pretrial release program. Counties having established a juvenile supervised pretrial release program shall not be obligated to provide juvenile supervised pretrial release services beyond the funds generated by the fees collected and any additional funds that may be annually appropriated by the board of county commissioners. (2) The court may assess a monthly juvenile pretrial supervision fee that shall be an amount no more than the maximum monthly juvenile probation supervision fee set forth in section 20-520 , Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on pretrial supervision. The juvenile pretrial supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile pretrial supervision services and related purposes. (3) A juvenile shall not be required to pay the juvenile pretrial supervision fee authorized in subsection (2) of this section until after the entry of an order finding the juvenile offender is within the purview of this section. (4) The court may also order the juvenile to pay additional fees to cover the actual costs of electronic monitoring, alcohol testing, or drug testing if such monitoring or testing is a condition of the juvenile’s release. Such additional fees may be paid to the clerk of the court or directly to the provider of the service. If fees are paid to the clerk of the court, the clerk of the court shall pay such fees to the county treasurer and such fees shall be used exclusively to cover the costs for which the additional fees have been ordered. (5) Any unpaid juvenile pretrial supervision fee shall be considered a debt owed to the court and may be collected in the manner provided by law for the collection of such debts. History: [20-516A, added 2020, ch. 281, sec. 2, p. 819.]
20-517
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-517. Detention accommodations. (1) The county commissioners shall provide a detention center for the detention of juvenile offenders to be conducted by the court, or, subject to the approval of the court, by other appropriate public agency, provided that such detention shall comply with the provisions of section 20-518 , Idaho Code, or within the limits of funds provided by the county commissioners. (2) For the purpose of carrying out the provisions of this section, the county commissioners may enter into contracts or agreements with public or private agencies, individuals, other counties, or the department of juvenile corrections, which may include the expenditures of moneys outside the county boundaries. If the county in which the court is located has made an agreement with another governmental unit or agency located outside the county or the judicial district for the detention of juvenile offenders under this act, then any court in the county may order a juvenile offender detained outside of the county or outside of the judicial district in the detention center described in such agreement. All detention centers in this section shall be in compliance with section 20-518 , Idaho Code, and IDAPA 05.01.02. (3) The county wherein any court has entered an order for the detention of a juvenile offender outside of the county or outside of the judicial district as provided by subsection (2) of this section shall pay all direct and indirect costs of the detention of the juvenile offender to the governmental unit or agency owning or operating the detention center in which the juvenile offender was detained. The amount of such cost may be determined by agreement between the county wherein the court entered the order of detention and the county or governmental unit or agency owning or operating such detention center. (4) All moneys appropriated by the state for the planning and design of regional detention centers shall be administered and distributed by the director of the department of administration for the planning and design of regional detention centers in accordance with the requirements or directives of such appropriation. In administering such moneys, the director of the department of administration shall consult with the designated county officials of every county involved or affected by a proposed regional detention center and shall abide by the decision of the designated representatives of each of the counties so involved or affected. History: [(20-517) 1963, ch. 319, sec. 12, p. 876; am. 1976, ch. 231, sec. 1, p. 819; am. 1978, ch. 57, sec. 1, p. 109; am. 1989, ch. 155, sec. 17, p. 396; am. and redesig. 1995, ch. 44, sec. 18, p. 85; am. 2012, ch. 19, sec. 14, p. 52; am. 2020, ch. 82, sec. 13, p. 189.]
20-518
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-518. Standards for detention. The following shall be minimum standards for the detention of juveniles provided for in section 20-517 , Idaho Code: (1) Juvenile detention centers must be so constructed and maintained as to keep juveniles segregated from adult offenders, with no contact as to sight or sound between the two (2) classes. Those juveniles being treated as adult offenders pursuant to section 20-508 or 20-509 , Idaho Code, shall be housed in a juvenile detention center unless otherwise ordered by the court. Such juveniles may be housed in the general juvenile population without sight and sound separation if it is determined by the detention administration that the safety and security of the other juveniles would not be at risk. (2) Juvenile detention centers must provide supervision and observation of juveniles sufficient to protect the physical and mental health of the detainees. (3) Juveniles held in detention must be provided with at least three (3) adequate and nutritional meals per day. (4) Juveniles held in detention must have access to reading materials on a regular and systematic basis. Detained juveniles may receive books, newspapers, and periodicals from any source, including delivery to the detention center by family members, subject to the right of detention authorities to inspect and remove dangerous or harmful materials. Detention authorities may forbid the introduction into holding quarters of obscene books or periodicals. (5) A visiting program shall be established in juvenile detention centers that will allow for family visits to each juvenile for at least two (2) hours each week. (6) The juvenile detention center shall meet the standards and rules set forth in IDAPA 05.01.02 and IDAPA 11.11.01. (7) Notwithstanding any other provision in this chapter, the minimum standards set forth herein shall not apply to any person who attains his or her eighteenth birthday prior to beginning or while in detention. When such person attains his or her eighteenth birthday, he or she shall be transferred from juvenile detention to the county jail. History: [(20-518) 16-1812A, added 1978, ch. 57, sec. 2, p. 110; am. 1984, ch. 190, sec. 1, p. 439; am. 1989, ch. 155, sec. 18, p. 397; am. and redesig. 1995, ch. 44, sec. 19, p. 86; am. 2000, ch. 111, sec. 1, p. 248; am. 2011, ch. 7, sec. 1, p. 19; am. 2012, ch. 19, sec. 15, p. 53; am. 2022, ch. 24, sec. 2, p. 70.]
20-519
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-519. Evidentiary hearing. If the juvenile denies the allegations in the petition, the court shall conduct a full evidentiary hearing, in the manner prescribed by the Idaho juvenile rules. The juvenile shall have the right to call witnesses on his own behalf. A record shall be made in all proceedings connected with the case and shall be preserved in the event of appeal. If at the conclusion of the evidentiary hearing the court finds the juvenile to come within the purview of the act, the court shall so rule, and then shall set the matter down for sentencing, or may, in the interest of time, hold a sentencing hearing at the conclusion of the evidentiary hearing if all information necessary to the disposition of the case is available at the time. When a juvenile, other than the juvenile against whom the petition has been filed, is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend or other person having a supportive relationship with the juvenile shall, if available, be permitted to remain in the courtroom at the witness stand with the juvenile during the juvenile’s testimony unless, in written findings made and entered, the court finds that the juvenile’s constitutional right to a fair trial will be unduly prejudiced. History: [(20-519) 1984, ch. 81, sec. 9, p. 154; am. 1989, ch. 54, sec. 1, p. 70; am. and redesig. 1995, ch. 44, sec. 20, p. 86.]
20-519A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-519A. EXAMINATION OF JUVENILE — COMPETENCY — APPOINTMENT OF PSYCHIATRISTS, LICENSED PSYCHOLOGISTS OR EVALUATION COMMITTEE — HOSPITALIZATION — REPORT. (1) At any time after the filing of a delinquency petition, a party may request in writing, or the court on its own motion may order, that the juvenile be examined to determine if the juvenile is competent to proceed. The request shall state the facts in support of the request for a competency examination. If, based upon the provisions of subsection (2) of this section, the court determines that there is good cause to believe that the juvenile is incompetent to proceed, then the court shall stay all proceedings and appoint at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, or shall order the department of health and welfare to designate, within two (2) business days, at least one (1) examiner who shall be a qualified psychiatrist or licensed psychologist, to examine and report upon the mental condition of the juvenile. If there is reason to believe the basis for the juvenile’s incompetency is due to a developmental disability, the court shall appoint an evaluation committee as defined in section 66-402 , Idaho Code, or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee, to examine and report upon the mental condition of the juvenile. The county shall be responsible for the cost of such evaluation subject to any reimbursement by the parents or other legal guardian of the juvenile. The court may order the parents or other legal guardian of the juvenile, unless indigent, to contribute to the costs of such examination in an amount to be set by the court after due notice to the parent or other legal guardian and the opportunity to be heard. (2) A juvenile is competent to proceed if he or she has: (a) A sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding; (b) A rational and factual understanding of the proceedings against him or her; and (c) The capacity to assist in preparing his or her defense. (3) Within three (3) business days of the appointment or designation of an examiner or an evaluation committee pursuant to the provisions of subsection (1) of this section, the examiner or evaluation committee shall determine the best location for the examination. The examination shall be conducted on an outpatient basis unless the court specifically finds that hospitalization or confinement of the juvenile for evaluation of competency is necessary, the juvenile is currently hospitalized in a psychiatric hospital or the juvenile is detained. The court may order the juvenile be confined to a hospital or other suitable facility, including detention as defined in section 20-502 , Idaho Code, after a hearing to determine whether such confinement is necessary. Any such confinement
20-519B
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-519B. DETERMINATION OF competency OF JUVENILE TO PROCEED — SUSPENSION OF PROCEEDINGS — RESTORATION ORDER — COMMITMENt. (1) The court shall hold a hearing no later than thirty (30) days after the report of the examiner or evaluation committee is filed pursuant to the provisions of section 20-519A , Idaho Code. At the hearing, the court may receive as evidence the report of the examiner or evaluation committee. In considering whether the juvenile is competent to proceed, the court shall consider the following: (a) A description of the nature, content, extent and results of the examination and any test that was conducted; (b) The juvenile’s capacity to understand the charges or allegations against the juvenile; (c) The juvenile’s capacity to understand the range and nature of possible penalties that may be imposed in the proceedings; (d) The juvenile’s capacity to understand the adversarial nature of the legal process; (e) The juvenile’s capacity to disclose to counsel facts pertinent to the proceedings at issue; (f) Whether the juvenile is able to display appropriate courtroom behavior; (g) Whether the juvenile is able to receive accurate impressions of the facts about which he or she is examined, is able to appreciate the meaning of an oath to tell the truth and has an understanding of the potential consequences of not telling the truth; (h) The examiner’s opinion as to the competency of the juvenile as defined in subsection (2) of section 20-519A , Idaho Code. (2) The weight to be given to each of the factors listed in subsection (1) of this section is discretionary with the court and a determination that the juvenile is or is not competent to proceed may be based on any one (1) or a combination of such factors, which shall be recited in the court’s order regarding competency. (3) If neither the prosecuting attorney nor counsel for the juvenile contests the findings of the report of the examiner or evaluation committee, the court may make the determination on the basis of such report. If a party contests the findings of such report, they shall have the right to cross-examine the qualified psychiatrist or licensed psychologist who prepared and submitted the report and to offer evidence upon this issue. A finding of incompetency shall be based upon a preponderance of the evidence. (4) If the court finds the juvenile is competent to proceed, the proceedings shall continue without delay. (5) If the court initially finds that the juvenile is incompetent and there is not a substantial probability that the juvenile will be restored to competency within six (6) months, the court may stay or dismiss the matter. In determining whether to stay or dismiss the matter, the court shall consider all relevant factors including, but not limited to, the seriousness of the alleged offense, resources available to the juvenile and any issues of public safety. Prior to a stay or dismissal of t
20-519C
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-519C. RESTORATION REPORTS — HEARINGS. (1) A report shall be filed by the restoration provider at least every ninety (90) days or whenever the restoration provider believes the juvenile is competent to proceed or whenever the restoration provider believes there is no substantial probability that the juvenile will regain competency before the expiration of the order to participate in a competency restoration program or fourteen (14) days before expiration of the restoration order. (2) The court shall hold a review hearing regarding the progress towards competency at least every ninety (90) days while the juvenile participates in a restoration program. The court may consider the restoration provider’s report at the review hearing to assess the juvenile’s progress and to determine whether restoration services should continue. History: [20-519C, added 2011, ch. 178, sec. 3, p. 509.]
20-519D
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-519D. ADMISSIBILITY OF STATEMENTS BY EXAMINED OR TREATED JUVENILE. A statement made by a juvenile subject to a competency examination or restoration treatment pursuant to section 20-519A or 20-519B , Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any delinquency or criminal proceeding against the juvenile on any issue other than the juvenile’s ability to assist counsel at trial or to form any specific intent which is an element of the crime charged, except that such statements of a juvenile to the examiner, evaluation committee or restoration provider as are relevant for impeachment purposes may be received subject to the usual rules of evidence governing matters of impeachment. History: [20-519D, added 2011, ch. 178, sec. 4, p. 510.]
20-520
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-520. Sentencing. (1) Upon the entry of an order finding the juvenile offender is within the purview of the act, the court shall then hold a sentencing hearing in the manner prescribed by the Idaho juvenile rules to determine the sentence that will promote accountability, competency development and community protection. Prior to the entry of an order disposing of the case, other than an order of discharge or dismissal, the court may request and, if requested, shall receive a report containing the results of an inquiry into the home environment, past history, competency development, prevention or out-of-home placement services provided, and the social, physical and mental condition of the juvenile offender. The report shall be compiled using tools that screen for human trafficking, risks and needs of the juvenile offender, and any trauma suffered by the juvenile offender and shall include any additional screening deemed appropriate. The court shall not consider or review the report prior to the entry of an order of adjudication. Upon presentation and consideration of the report by the court, the court may proceed to sentence the juvenile offender as follows: (a) Place the juvenile offender on an informal adjustment of the petition for a period not to exceed three (3) years from the date of the order. (i) Informal adjustments may be ordered for any case filed under this chapter, upon such terms and conditions as the court may deem just and appropriate under the circumstances, and not be limited by the nature of the charge. Informal adjustments may include but are not limited to: 1. Reprimand of the juvenile offender; 2. Supervision with the probation department; 3. Community service work; and 4. Restitution to the victim. (ii) The court shall dismiss the case if: 1. An informal adjustment has been granted and the juvenile offender has satisfied the terms or conditions of the informal adjustment; 2. The court is convinced by the showing made that there is no longer cause for continuing the period of informal adjustment; and 3. It is compatible with the public interest. (iii) If the court, after hearing and notice, finds that a juvenile has violated the informal adjustment, the court may impose any sentence available to the court pursuant to this chapter. (b) Place the juvenile offender on formal probation for a period not to exceed three (3) years from the date of the order, except the court may place a juvenile offender on formal probation for a period not to exceed the juvenile offender’s twenty-first birthday if the court finds that the juvenile offender has committed a crime of a sexual nature. If a juvenile offender is committed to the Idaho department of juvenile corrections pursuant to paragraph (t) of this subsection, the court may place the juvenile offender on probation from the date of sentencing up to three (3) years past the date of release from custody or the j
20-520A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-520A. dismiss and discharge upon completion of authorized drug, mental health or other authorized problem solving court program. If a juvenile offender has successfully completed and graduated from an authorized juvenile drug court program, juvenile mental health court program or other authorized problem solving court program and, during any period of probation that may have been served following such graduation, has satisfied the terms or conditions of the probation, the court may, if convinced by the showing made that there is no longer cause for continuing the period of probation, and if it be compatible with the public interest, terminate the juvenile’s sentence, set aside the adjudication of the juvenile offender finding the juvenile offender within the purview of the juvenile corrections act, and finally dismiss the case and discharge the juvenile offender from the jurisdiction of the court. This section shall apply to the cases in which juvenile offenders have been found within the purview of the juvenile corrections act before the effective date of this section, as well as to cases that arise on or after the effective date of this section. History: [20-520A, added 2014, ch. 345, sec. 2, p. 866.]
20-522
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-522. Jurisdiction over parents. Whenever a juvenile offender is found to come under the purview of this chapter, the court shall have jurisdiction and authority to have the juvenile offender and the juvenile offender’s parent(s), legal guardian or custodian sign a probationary contract with the court containing terms and conditions that the juvenile offender and the juvenile offender’s parent(s), legal guardian or custodian must adhere to as a condition of the juvenile offender’s probation. The probationary contract may provide that upon a violation or breach of the terms and conditions of the probationary contract, the juvenile offender’s parent(s), legal guardian or custodian shall be liable to the court for a specific monetary sum not in excess of one thousand dollars ($1,000) for the breach of contract. All such moneys shall be payable to the court and shall be in addition to any other fines, penalties or other sanctions provided by law. Any moneys received by the court pursuant to this section shall be paid into the juvenile corrections fund created in section 20-542 , Idaho Code. In lieu of or in addition to a monetary payment, the court may order that the parent(s), legal guardian or custodian attend parenting classes or undergo other treatment or counseling. Any person violating any order of the court entered under the provisions of this section shall be subject to contempt proceedings under the provisions of chapter 6, title 7 , Idaho Code. History: [(20-522) 1989, ch. 155, sec. 6, p. 379; am. and redesig. 1995, ch. 44, sec. 23, p. 90; am. 1995, ch. 277, sec. 7, p. 936; am. 1996, ch. 359, sec. 3, p. 1211; am. 2001, ch. 15, sec. 2, p. 19; am. 2012, ch. 19, sec. 18, p. 57.]
20-523
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-523. Screening teams to provide assistance to court. In order to provide assistance to a court in making a disposition pursuant to section 20-520 , Idaho Code, a screening team composed of a county probation officer or other investigation officer or agency designated by the court may meet and provide a written recommendation delineating options to the court for disposition of the case pursuant to this chapter. History: [(20-523) 1989, ch. 155, sec. 7, p. 380; am. and redesig. 1995, ch. 44, sec. 24, p. 90; am. 1995, ch. 277, sec. 8, p. 936.]
20-524
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-524. Support of juvenile or juvenile offender — Reimbursement for costs incurred. (1) Whenever a juvenile or juvenile offender is placed by the court in custody other than that of his or her parents or custodian, after due notice to the parent or other persons legally obligated to care for and support the juvenile or juvenile offender, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the juvenile or juvenile offender. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment. (2) If the juvenile or juvenile offender is detained, the court may order that the parents of the juvenile or juvenile offender or other legally obligated person contribute to the costs of detention in an amount to be set by the court. The order may be filed and shall have the effect of a civil judgment. It is the intent of the legislature that foster parents or a parent or legal guardian receiving public assistance relating to that juvenile or juvenile offender should not benefit from the continued receipt of payments or public assistance from any state or federal agency while the juvenile or juvenile offender is detained. The department of health and welfare is directed to promulgate a rule implementing this intent. History: [(20-524) 1984, ch. 81, sec. 12, p. 156; am. 1986, ch. 222, sec. 9, p. 609; am. 1990, ch. 361, sec. 5, p. 977; am. 1992, ch. 194, sec. 1, p. 603; am. and redesig. 1995, ch. 44, sec. 25, p. 91; am. 1995, ch. 354, sec. 1, p. 1198; am. 1997, ch. 82, sec. 2, p. 194; am. 1998, ch. 292, sec. 4, p. 931; am. 2004, ch. 50, sec. 3, p. 238; am. 2012, ch. 19, sec. 19, p. 57; am. 2012, ch. 257, sec. 7, p. 715.]
20-524A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-524A. department’s Payment of detention costs. If the juvenile offender is committed to the custody of the department of juvenile corrections pursuant to chapter 5, title 20 , Idaho Code, the department shall reimburse the county for the period of time in excess of five (5) calendar days during which the juvenile offender is housed at a detention center. This time period shall begin to run on the first business day the department receives a copy of the order of commitment, executed by the court. Orders received by the department after 3 o’clock p.m., mountain standard time, on a business day, will be considered to have been received the next business day. Facsimile transmissions of the order are acceptable. History: [20-524A, added 2004, ch. 50, sec. 4, p. 239; am. 2012, ch. 19, sec. 20, p. 58.]
20-525
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-525. Records — Privileged information. (1) The court shall maintain records of all cases brought before it. In proceedings under this act the following juvenile courtroom proceedings and records shall be open to the public: all proceedings against a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult including the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district. (2) Juvenile courtroom proceedings and records shall remain confidential when the court and the prosecutor agree extraordinary circumstances exist that justify records of a juvenile offender of the age of fourteen (14) years or older and who is petitioned or charged with an offense which would be a felony if committed by an adult should remain confidential because it is in the best interest of the juvenile offender. (3) In proceedings under this act the following records and court proceedings of juvenile offenders of the age of thirteen (13) years or younger shall not be withheld from public inspection, except on court order, which order must be made in writing in each case: the court docket, petitions, complaints, information, arraignments, trials, sentencings, probation violation hearings and dispositions, motions and other papers filed in any case in any district; transcripts of testimony taken by the court; and findings, verdicts, judgments, orders, decrees and other papers filed in proceedings before the court of any district. (4) These records shall be open to inspection according to chapter 1, title 74 , Idaho Code. All information obtained and social records prepared in the discharge of official duty by an employee of the court shall be subject to disclosure according to chapter 1, title 74 , Idaho Code. (5) The victim of misconduct shall always be entitled to the name of the juvenile offender involved, the name of the juvenile offender’s parents or guardian, and their addresses and telephone numbers, if available in the records of the court. (6) Notwithstanding the other provisions of this act and notwithstanding any order entered pursuant hereto, nothing in this act shall prohibit the exchange of records created pursuant to this act between prosecuting attorneys or courts in this state. History: [(20-525) 1963, ch. 319, sec. 16, p. 876; am. 1977, ch. 156, sec. 4, p. 404; am. 1990, ch. 213, sec. 12, p. 498; am. 1990, ch. 245, sec. 2, p. 698; am. 1994, ch. 326, sec. 2, p. 1052; am. and redesig. 1995, ch. 44, sec. 26, p. 91; am. 1997, ch. 258, sec. 1, p. 732; am. 2012, ch. 19, sec. 21, p. 58; am.
20-525A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-525A. Expungement of record — Hearing — Findings necessary — Special index — Effect of order. (1) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed a felony offense or having been committed to the department of juvenile corrections may, after the expiration of three (3) years from the date of termination of the continuing jurisdiction of the court, or if the juvenile offender was committed to the juvenile correctional center then three (3) years from the date of his release from the juvenile correctional center, or after reaching age eighteen (18) years, whichever occurs last, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and of the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing. (2) Any person who has been adjudicated in a case under this act and found to be within the purview of the act for having committed misdemeanor or status offenses only and not having been committed to the department of juvenile corrections may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing. (3) In any case where the prosecuting attorney has elected to utilize the diversion process or the court orders an informal adjustment, the person may, after the expiration of one (1) year from the date of termination of the continuing jurisdiction of the court or after reaching age eighteen (18) years, whichever occurs later, petition the court for the expungement of his record. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the pendency of the petition and the date of the hearing. The prosecuting attorney and any other person who may have relevant information about the petitioner may testify at the hearing. (4) A parent or guardian of a juvenile for whom a hearing is being held pursuant to this section who is appearing before or testifying at such hearing shall not be required to be represented by an attorney. (5) The court may not expunge a conviction for any of the following crimes from a juvenile offender’s record: (a) Administering poison with intent to kill ( 18-4014 , Idaho Code); (b) Aggravated battery ( 18-907 , Idaho
20-526
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-526. Encouraging violations. Any person who by any act or neglect encourages, aids or causes a juvenile to come within the purview or jurisdiction of this chapter, or who after notice that the driving privileges of the juvenile offender have been suspended or restricted under the provisions of this chapter knowingly permits or encourages said juvenile offender to operate a motor vehicle in violation of such suspension or restriction, shall be guilty of a misdemeanor. The court may impose conditions upon any person found guilty under this section, and so long as such person shall comply therewith to the satisfaction of the court, the sentence imposed may be suspended. History: [(20-526) 1963, ch. 319, sec. 17, p. 876; am. 1977, ch. 156, sec. 5, p. 405; am. and redesig. 1995, ch. 44, sec. 27, p. 92; am. 2012, ch. 19, sec. 23, p. 60.]
20-527
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-527. School trustees to report truants. When a juvenile of compulsory school age is expelled or is reported to have repeatedly violated the attendance regulations of the school district in which the juvenile is enrolled, pursuant to section 33-206 , Idaho Code, the prosecuting attorney may file a petition under this act. The court shall cause an investigation to be made and upon receipt of the written report of the investigation, the court may proceed under this act or the child protective act with respect to the juvenile and may proceed against the juvenile’s parent(s), guardian or custodian under this act pursuant to section 33-207 , Idaho Code. History: [(20-527) 1963, ch. 319, sec. 18, p. 876; am. and redesig. 1995, ch. 44, sec. 28, p. 92; am. 2002, ch. 348, sec. 3, p. 996.]
20-528
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-528. Appeals. All orders or final judgments made by any court in matters affecting a juvenile offender within the purview of this act may be appealed by the juvenile offender or the state. A decision by the court pursuant to section 20-508 , Idaho Code, not to waive jurisdiction under this act over the juvenile offender may be appealed by the state. Appeals shall be reviewed as provided by the appellate rules of the supreme court of Idaho, except no undertaking shall be required. Upon filing of the notice of appeal, the district court shall take jurisdiction of the case and if the juvenile offender is in detention shall promptly hold a hearing after the filing of a request to determine whether the juvenile offender shall remain in detention. History: [(20-528) 1963, ch. 319, sec. 19, p. 876; am. 1971, ch. 170, sec. 3, p. 805; am. 1980, ch. 134, sec. 1, p. 293; am. and redesig. 1995, ch. 44, sec. 29, p. 92; am. 1997, ch. 54, sec. 1, p. 92; am. 2012, ch. 19, sec. 24, p. 61.]
20-529
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-529. Appointment of county probation officers. The courts in the several counties of this state shall enter into a contract or agreement for probation services to the counties or, if the court deems local probation services are preferable, may appoint one (1) or more persons to serve as probation officers at the expense of the county with the concurrence of the county commissioners. County juvenile probation services may be paid for from funds generated by the fees collected pursuant to the provisions of section 20-520 , Idaho Code, and any additional funds that may be annually appropriated by the board of county commissioners. History: [(20-529) 1963, ch. 319, sec. 20, p. 876; am. 1976, ch. 272, sec. 1, p. 920; am. and redesig. 1995, ch. 44, sec. 30, p. 93; am. 2019, ch. 219, sec. 3, p. 666.]
20-530
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-530. Reassessment of committed juvenile offenders — Records — Failure to reassess. (1) The department shall make periodic reassessments of all juvenile offenders committed to it for the purpose of determining whether existing orders and dispositions in individual cases should be modified or continued in force. Assessments may be made as frequently as the department considers desirable and shall be made with respect to every juvenile offender at intervals not exceeding one (1) year. Reports of periodic reassessments made pursuant to this section shall be filed with the court from which the juvenile offender was committed. (2) The department shall keep written records of assessments, prognosis, and all orders concerning disposition or treatment of every juvenile offender committed to it. (3) Failure of the department to assess a committed juvenile offender or to reassess him within one (1) year of a previous assessment shall not of itself entitle the juvenile offender to discharge from the control of the department but shall entitle him to petition the committing court for an order of discharge and the court shall discharge him unless the department satisfies the court of the need for further control. History: [(20-530) 1963, ch. 319, sec. 23, p. 876; am. and redesig. 1995, ch. 44, sec. 32, p. 93; am. 2012, ch. 19, sec. 25, p. 61.]
20-531
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-531. Secure facilities. (1) The department shall maintain and operate secure facilities for the custody of juvenile offenders who pose a danger of serious bodily harm to others or who have engaged in a pattern of serious criminal offenses, and who cannot be controlled in a less secure setting. (2) The department shall provide or make available to juvenile offenders in secure facilities, instruction appropriate to the age, needs and range of abilities of the juvenile offenders. An assessment shall be made of each juvenile offender at the secure facility to determine abilities, learning disabilities, interests, attitudes and similar matters. Training in the development of competency and life skills designed to assist the juvenile offender in operating effectively within and becoming a contributing member of the community shall be provided. Prevocational education shall be provided to acquaint juvenile offenders with vocations, their requirements and opportunities. (3) The department shall place juvenile offenders committed to the department in a state or privately operated secure facility that provides humane care and developmental opportunities for the juvenile offender while promoting accountability and community protection. (4) The department shall adopt standards, policies and procedures for the regulation and operation of secure facilities. Such standards, policies and procedures shall not be inconsistent with law. Policies shall be promulgated as rules in compliance with chapter 52, title 67 , Idaho Code. History: [(20-531) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 34, p. 94; am. 2012, ch. 19, sec. 26, p. 61.]
20-532
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-532. Term of commitment — Review after commitment. (1) A juvenile offender committed to a secure facility shall remain until the juvenile offender: (a) Reaches nineteen (19) years of age; (b) Is retained for extended custody pursuant to section 20-520 (1)(t), Idaho Code; or (c) Is released or discharged. (2) A juvenile offender committed to a secure facility shall appear before the department within ninety (90) days after commitment for review of treatment plans. Additionally, the juvenile offender shall appear before the custody review board prior to eighteen (18) consecutive months in custody, and every six (6) months thereafter, to review his continued custody with the department. History: [(20-532) 1989, ch. 155, sec. 9, p. 382; am. and redesig. 1995, ch. 44, sec. 35, p. 94; am. 2002, ch. 309, sec. 2, p. 883; am. 2007, ch. 308, sec. 4, p. 869; am. 2012, ch. 19, sec. 27, p. 62; am. 2019, ch. 219, sec. 4, p. 667; am. 2022, ch. 20, sec. 4, p. 47; am. 2022, ch. 23, sec. 2, p. 66.]
20-532A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-532A. Order for apprehension and detention of escapees from custody. Upon a finding by the Idaho department of juvenile corrections that a juvenile offender in the custody of the department has escaped, as described in section 18-2505 (2) or 18-2506 (2), Idaho Code, a written order signed by the director or his designee shall be a sufficient order for detention for any law enforcement officer to apprehend and take into custody such person. It is hereby made the duty of all sheriffs, police, constables, parole officers, prison officials and other peace officers to execute such order. From and after the issuance of the detention order and until taken into custody, the escapee shall be considered a fugitive from justice. Upon apprehension, the juvenile offender shall be detained in the closest available detention center and shall thereafter be transported by the department as soon as possible or, at the discretion of the detaining authority, the juvenile offender may be transported directly by that authority to the department’s nearest regional facility. History: [20-532A, added 2000, ch. 105, sec. 1, p. 234; am. 2004, ch. 50, sec. 5, p. 239; am. 2012, ch. 19, sec. 28, p. 62; am. 2018, ch. 158, sec. 1, p. 315.]
20-533
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-533. Release from custody of the department. (1) The department shall determine an appropriate date for release of the juvenile offender from the custody of the department, based upon guidelines established by the department. The department shall review and update policy guidelines annually. (2) Juvenile offenders may be released to their own home, to a residential community-based program, to a nonresidential community-based treatment program, to an approved independent living setting, or to other appropriate residences, but shall remain on probation until the probation is terminated by the court. Following the release of a juvenile offender, the court may conduct a hearing to review the juvenile offender’s conditions of probation and determine whether existing conditions should be amended or eliminated or additional conditions imposed. (3) County probation officers shall enforce probation conditions and supervise juvenile offenders while on probation. As authorized by court order, probation officers may establish additional reasonable conditions of probation with which the juvenile offender must comply. The juvenile offender may move for a hearing before the court to contest any conditions imposed by the probation officer. If the probation officer establishes additional conditions of probation, the probation officer shall advise the juvenile offender at the time such additional conditions are imposed of the juvenile offender’s right to move the court for a hearing to contest those conditions. (4) When the department is considering release of a juvenile offender committed to the department for confinement, the department shall notify the prosecuting attorney of the county from which the juvenile offender was committed to confinement, the judge whose order caused the juvenile offender to be committed to confinement and the victims of the juvenile offender’s unlawful conduct. Notice shall also be given to the same parties upon the actual release of the juvenile offender from the department’s custody. History: [(20-533) 1989, ch. 155, sec. 9, p. 383; am. and redesig. 1995, ch. 44, sec. 36, p. 94; am. 2012, ch. 19, sec. 29, p. 62; am. 2018, ch. 157, sec. 1, p. 314.]
20-533A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-533A. Compliance with open meetings law — Executive sessions authorized — Confidentiality of records. (1) All meetings of the custody review board of the Idaho department of juvenile corrections shall be held in accordance with the open meetings law as provided in chapter 2, title 74 , Idaho Code, provided however: (a) Deliberations and decisions of the board concerning whether or not a juvenile offender shall be held in custody of the Idaho department of juvenile corrections for an extended period of time past his or her nineteenth birthday may be made in executive session; and (b) Votes of individual members in custody decisions shall not be made public, provided that the board shall maintain a record of the votes of the individual members as required in subsection (2) of this section. (2) A written record of the vote to retain the juvenile offender in custody for an extended period of time by each board member in each case reviewed by that member shall be produced by the board. Such record shall be kept confidential and privileged from disclosure, provided the record shall be made available upon request to the governor, the chairman of the senate judiciary and rules committee and the chairman of the house of representatives judiciary, rules and administration committee for all lawful purposes. (3) A board member or employee of the Idaho department of juvenile corrections who distributes to any person not specifically listed in this section any hearing information or records that are legally required to be kept confidential shall be guilty of a misdemeanor. (4) Nothing contained in this section shall prevent any person from obtaining the results of any action by the board or director of the Idaho department of juvenile corrections without reference to the manner in which any member voted, and the board shall make such information public unless doing so would violate public records laws. (5) Nothing contained in this section shall prevent the director, designated staff of the director, the governor, the chairman of the senate judiciary and rules committee or the chairman of the house of representatives judiciary, rules and administration committee from attending any meeting, including any executive session, of the custody review board. History: [20-533A, added 2003, ch. 164, sec. 2, p. 465; am. 2012, ch. 19, sec. 30, p. 63; am. 2017, ch. 58, sec. 10, p. 106; am. 2017, ch. 87, sec. 1, p. 234.]
20-534
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-534. Magistrate court probation sections to furnish information to department. Probation sections of the magistrate division of the district court shall render full and complete cooperation to the department in supplying the department with all pertinent information relating to juvenile offenders committed to the department. This information may include, without limitation, prior criminal history, social history, psychological evaluations, and identifying information specified by the department. History: [(20-534) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 38, p. 95.]
20-535
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-535. Review of programs for juvenile offenders — Certification. The department shall annually review all state operated or state contracted programs which provide services to juvenile offenders and certify compliance with standards provided by the department. Written reviews shall be provided to the managers of those programs. Based upon policies established by the department, those programs which are unable or unwilling to comply with approved standards may not be certified. Any person owning or operating a private facility who willfully fails to comply with the standards established by the department shall be guilty of a misdemeanor. History: [(20-535) 1989, ch. 155, sec. 9, p. 385; am. and redesig. 1995, ch. 44, sec. 39, p. 96; am. 2012, ch. 19, sec. 31, p. 63.]
20-536
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-536. Contracts with private providers of services for juvenile offenders — Certification required. Nothing in this chapter shall prohibit the department from contracting with private providers or other entities for the provision of care, treatment and supervision of juvenile offenders committed to the custody of the department, if these programs are certified as in compliance with department standards within six (6) months after commencing operation. History: [(20-536) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 40, p. 96.]
20-537
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-537. Program records as property of department — Control of records. All records maintained by providers under contract with the department to provide services to juvenile offenders are the property of the department and shall be returned to it when the juvenile offenders are terminated from the provider’s programs. The department shall maintain an accurate audit trail of information provided to other programs, providers or agencies regarding juvenile offenders under its jurisdiction. History: [(20-537) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 41, p. 96.]
20-538
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-538. Restitution to victims of juvenile offenders — Duties of department. (1) The department or county probation shall make reasonable efforts to ensure that restitution is made to the victim of the juvenile offender. Restitution may be made through the employment of juvenile offenders in work programs or directly to the person; provided, however, that reimbursement to the victim is conditional upon the juvenile offender’s involvement in such program. (2) Restitution may be made a condition of probation. History: [(20-538) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 42, p. 96.]
20-539
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-539. Creation of fund. There is hereby created in the state treasury a fund known as the juvenile corrections victim restitution fund, which shall be administered by the department. Moneys in the fund shall consist of wage payments made to juvenile offenders in work programs, appropriations and moneys received by the department from whatever source. Moneys in the fund shall be utilized to provide full or partial restitution to victims of the juvenile offender’s delinquent behavior. History: [(20-539) 1989, ch. 155, sec. 9, p. 386; am. and redesig. 1995, ch. 44, sec. 43, p. 97; am. 2001, ch. 14, sec. 1, p. 16.]
20-539A
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-539A. Distribution and reporting requirements for state, other public and private contract facilities. Each facility housing juvenile offenders in department custody, whether a state, other public or private contract facility, shall comply with the following requirements for disbursement and reporting: (1) State facilities, upon receiving any moneys credited to a juvenile offender in its custody, shall deposit the funds in the juvenile corrections victim restitution fund pursuant to section 20-539 , Idaho Code. (2) Other public or private contract facilities housing juvenile offenders in department custody, upon receiving any moneys credited to or earned by a juvenile offender at the facility, shall directly distribute the moneys on or before the first day of each calendar quarter to the county court that committed the juvenile offender to department custody. Upon remitting moneys to a county on behalf of a juvenile offender, the facility shall report the direct distribution to the department for inclusion in the department’s records. History: [20-539A, added 2001, ch. 14, sec. 2, p. 16; am. 2012, ch. 19, sec. 32, p. 64.]
20-540
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-540. Reports by department. When a juvenile offender has been committed to the department pursuant to this chapter, the department shall supply a report of the juvenile offender’s educational and developmental progress to the committing court as often as the court deems necessary in its order of commitment, but not less frequently than every three (3) months. History: [(20-540) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 45, p. 97.]
20-541
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-541. Special commissioner — Duties. The court shall be authorized to appoint a special commissioner to assist in the conduct of proceedings under this chapter. In any case in which the court refers a petition to the commissioner, the commissioner shall promptly cause the matter to be investigated and on the basis thereof shall either recommend dismissal of the petition or hold a hearing as provided in this act and make recommendations to the court regarding the disposition of the matter. Such commissioner shall be paid for services rendered on order of the court from county funds in such amount as is determined by the court. History: [(20-541) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 47, p. 97.]
20-542
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-542. Juvenile corrections fund — Creation. There is hereby created in the state treasury, the juvenile corrections fund. Moneys in the fund shall be utilized by the department for construction and administration of facilities under the jurisdiction of the department of juvenile corrections, for assistance to a county or series of counties in constructing, contracting for or administering detention facilities for juvenile offenders, to coordinate training for juvenile detention officers and/or juvenile probation officers, and for alternative programs designed to help juveniles avoid the traditional juvenile corrections system. All moneys in the fund may be expended only pursuant to appropriation by the legislature. History: [(20-542) 1989, ch. 155, sec. 9, p. 388; am. and redesig. 1995, ch. 44, sec. 48, p. 98; am. 1999, ch. 155, sec. 2, p. 434; am. 2001, ch. 15, sec. 3, p. 20; am. 2012, ch. 19, sec. 33, p. 64.]
20-547
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-547. Construction of act — Citation of act — Other code references construed. This act shall be liberally construed to the end that the legislative policy expressed herein is achieved. This act may be cited as the Juvenile Corrections Act of 1995. History: [(20-547) 1989, ch. 155, sec. 9, p. 387; am. and redesig. 1995, ch. 44, sec. 54, p. 100; am. 1995, ch. 277, sec. 12, p. 938; am. 2012, ch. 19, sec. 34, p. 64.]
20-548
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-548. Compensation — Amount — Crediting account of juvenile offender — Juvenile offenders not employees. Each juvenile offender who is engaged in productive work under the jurisdiction of the director of the department of juvenile corrections may receive for this work such compensation as the director shall determine, to be paid out of any funds available in the department of juvenile corrections competency development account. After payment of restitution pursuant to section 20-538 , Idaho Code, compensation shall be credited to the account of the juvenile offender to be used for payment of fines, reimbursement to the department of juvenile corrections for expenses directly related to that juvenile offender, and upon certain circumstances, payment to the juvenile offender upon release from the department of juvenile corrections. No juvenile offender compensated under this act shall be considered an employee of the state or the department of juvenile corrections, nor shall any juvenile offender come within any of the provisions of the worker’s compensation law, or be entitled to any benefits thereunder whether on behalf of himself or any other person. History: [20-548, added 1997, ch. 265, sec. 1, p. 756; am. 2012, ch. 19, sec. 35, p. 64.]
20-549
TITLE 20 STATE PRISON AND COUNTY JAILS CHAPTER 5 JUVENILE CORRECTIONS ACT 20-549. Curfew violations — Citation — Notification. Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall constitute an infraction and is punishable by a fine of one hundred fifty dollars ($150). Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited. Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile’s parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile’s parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile’s appearance. The citation must provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian. History: [20-549, added 1998, ch. 391, sec. 1, p. 1196; am. 2000, ch. 74, sec. 2, p. 158; am. 2012, ch. 19, sec. 36, p. 65; am. 2015, ch. 197, sec. 1, p. 607; am. 2021, ch. 19, sec. 4, p. 52.]