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Purpose clauses, 2016

  • No clause

  • Parens patriae

  • Due process era

  • Balanced and Restorative Justice (BARJ)

  • Developmental Approach

Idaho’s purpose clause section, entitled legislative intent, includes language of the BARJ model and is more detailed than most states, as it includes descriptions of juvenile corrections system components and principles. The most recent amendment of 2012 includes provisions for "a diversity of innovative and effective programs through research on delinquent behavior and the continuous evaluation of correctional programs [and] maintenance of a statewide juvenile offender information system," which indicates an early shift that aligns with the Developmental Approach.

ID ST §20-501

Intake and diversion, 2016

Initial intake and diversion decision is at the discretion of the Court Intake Officer (JPO).

In Idaho, when a law enforcement officer (LEO) takes a juvenile alleged to have committed a delinquent act or status offense into custody, juvenile court jurisdiction attaches. LEO’s can return the child home, return the child with a written promise to ensure the child’s appearance before the court, or detain the child. If detained, the juvenile must be taken to court, to a court-designated juvenile shelter care facility or place of detention (only if alleged delinquent), where a shelter or detention hearing will occur within 24 hours. The court will place the child with parent/s, relatives, in foster- or group care, in a community-based diversion program, or continue the shelter or detention center placement. Prosecuting Attorney’s (DA’s) may refer other matters for non-judicial handling directly to JPO or may request that the JPO conduct a preliminary inquiry before filing a complaint (petition).

Otherwise, when LEO’s, DA’s, or school district designees file delinquency petitions, they are screened by JPO. Following preliminary inquiry, the JPO has discretion to dismiss the petition, propose an informal adjustment, or authorize the petition and set the matter for a hearing. When the JPO determines that formal court processing is not required, informal dispositions can be pursued by agreed settlement. If contested, the petition is filed.

Once a petition is filed and authorized, informal dispositions can occur by consent order (decree). Upon successful completion of all conditions that may include: probation, completion of an authorized problem solving court program (drug court, mental health court, etc.) or other programs, the juvenile is discharged and the case is dismissed. Judges can also terminate a juvenile's sentence or ‘set aside’ adjudication.

No statutory time limit/s for diversion exist.

In Idaho, timelines are not specified in statute.

Courtroom shackling, 2015

Restricted by judiciary

In Idaho, State v. Doe, 333 P.3d 858 (2014) held that juveniles be afforded the same rights as adults to be free from physical restraints at a juvenile evidentiary hearing [adjudication hearing] absent a finding of necessity on a case-by-case basis.

Competency, 2015

Idaho has juvenile competency statutes which align with the Dusky standard. Procedures include hearing requirements for court-appointed evaluators, timelines, and elements the report must contain to assist with the decision. Examiners are to follow their respective professional guidelines for similar reports, and non-appointed examinations meeting criteria are expressly permitted. Additional requirements exist when developmental disabilities are suspected. Involuntary treatment can be ordered for 180 additional days if the report concludes ‘there is a substantial probability that the defendant will be fit to proceed in the foreseeable future.’

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

Sex offender registration, 2015


About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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