Title 20, STATE PRISON AND COUNTY JAILS

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 commi…

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 …

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 commissi…

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 …

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 provisi…

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 substanti…

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 obligat…

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 a…

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 th…

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 shoul…

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,…

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 …

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 …

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…

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 d…

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 necess…

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 matt…

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 juveni…

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."

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 c…

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 count…

20-601. COUNTY JAILS -- BY WHOM KEPT AND FOR WHAT USE. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows: 1. For the detention of persons committed in order to secure th…

20-602. SEPARATE ROOMS REQUIRED. (1) Each county jail shall house male and female prisoners separately. (2) Each county jail shall house separately all juveniles processed as adults under Idaho Code. (3) Each county jail shall develop an objective inmate classification system whi…

20-603. AUTHORITY TO DESIGNATE DETENTION OFFICERS TO ACT AS PEACE OFFICERS. All detention officers employed by the county sheriff who receive peace officer certification from the Idaho peace officer standards and training council shall have the authority given by statute to peace…

20-604. CONFINEMENT -- ORDER OF THE COURT. Any district judge or magistrate may order a person confined or detained, upon any grounds provided by law, in any county or municipal jail or other confinement facility within the judicial district in which the court is located. Such or…