Title 20 — STATE PRISON AND COUNTY JAILS

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…

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 j…

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 Idah…

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…

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 ad…

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 …

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 wher…

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 jurisdict…

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 p…

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 ha…

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…

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 prosec…

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…

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 o…

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 i…

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 commissi…

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, …

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 h…

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 commissio…

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 c…

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 …

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 …

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 …

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…

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 substantia…

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 adm…

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, compe…

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…

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…

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 cou…

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 obligate…

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) cal…

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 ag…

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 de…

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 …

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 …

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 jurisdictio…

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 t…

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 …

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 les…

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)…

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 or…

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 guide…

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, t…

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 t…

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 s…

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 o…

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 …

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 …

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…