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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 juvenile court intake officer.

In Idaho, courts in many jurisdictions work with law enforcement and community agencies to implement community diversion programs before a referral to court is required. When the LEO takes a juvenile alleged to have committed a delinquent act or status offense into custody, juvenile court jurisdiction attaches and the juvenile must be taken to court, to a court-designated juvenile shelter care facility, or (permitted if alleged delinquent) to a place of detention. 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. 

Court referrals not involving custody are made when LEO’s, DA’s, or school district designees file petitions.  Prosecuting Attorney’s (DA’s) may request that the (executive agency) JPO conduct a preliminary inquiry before filing a court complaint (petition). When it is determined that formal court processing is not required, the DA may refer to JPO directly or to a community organization as a community diversion. JPO may enter into a diversion contract. If contested, the petition is filed and an admit/deny hearing is scheduled.

Once a petition is filed (by the LEO, DA, or a school), the matter goes before the judge.  Informal adjustment dispositions can occur by agreement under consent order (decree) at the recommendation of the intake officer. 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 court diversions exist.

In Idaho, pre-petition court diversions do not occur, as court referrals are petitions that require judicial involvement.  Post-petition diversion time limits 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

Registers

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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