Idaho State Statutes - Idaho Attorney Directory

(1) Upon the entry of an order finding the juvenile
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. 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 as follows:
(a) Place the juvenile 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 on formal probation for a period not to exceed the juvenile's
twenty-first birthday if the court finds that the juvenile has committed a
crime of a sexual nature;
(b) Sentence the juvenile to detention pursuant to this act for a period
not to exceed thirty (30) days for each act, omission or status which is
prohibited by the federal, state, local or municipal law or ordinance by
reason of minority only. The sentence shall not be executed unless the
act, omission or status is in violation of section 922(x) of title 18,
United States Code, or the court finds that the juvenile has violated the
court's decree imposing the sentence as provided below.
If the court, after notice and hearing, finds that a juvenile has
violated the court's decree imposing the sentence under circumstances that
bring the violation under the valid court order exception of the federal
juvenile justice and delinquency prevention act of 1974, as amended, the
court may commit the juvenile to detention for the period of detention
previously imposed at sentencing;
(c) Commit the juvenile to a period of detention, pursuant to this act,
for a period of time not to exceed ninety (90) days for each unlawful or
criminal act the juvenile is found to have committed, if the unlawful or
criminal act would be a misdemeanor if committed by an adult, or where the
juvenile has been adjudicated as an habitual status offender;
(d) If the juvenile has committed an unlawful or criminal act which would
be a felony if committed by an adult, the court may commit the juvenile to
detention for a period not to exceed one hundred eighty (180) days for
each unlawful or criminal act;
(e) Whenever a court commits a juvenile to a period of detention it shall
notify the school district where the detention facility is located. No
juvenile who is found to come within the purview of the act for the
commission of a status offense shall be sentenced to detention in a jail
facility unless an adjudication has been made that the juvenile is an
habitual status offender;
(f) Commit the juvenile to detention and suspend the sentence on specific
probationary conditions;
(g) The court may suspend or restrict the juvenile's driving privileges
for such periods of time as the court deems necessary, and the court may
take possession of the juvenile's driver's license. The juvenile may
request restricted driving privileges during a period of suspension, which
the court may allow if the juvenile shows by a preponderance of evidence
that driving privileges are necessary for his employment or for family
health needs;
(h) The court may order that the juvenile be examined or treated by a
physician, surgeon, psychiatrist or psychologist, or that he receive other
special care, or that he submit to an alcohol or drug evaluation, if
needed, and for such purposes may place the juvenile in a hospital or
other suitable facility;
(i) In support of an order under the provisions of this section, the
court may make an additional order setting forth reasonable conditions to
be complied with by the parents, the juvenile, his legal guardian or
custodian, or any other person who has been made a party to the
proceedings, including, but not limited to, restrictions on visitation by
the parents or one (1) parent, restrictions on the juvenile's associates,
occupation and other activities, and requirements to be observed by the
parents, guardian or custodian;
(j) The court may make any other reasonable order which is in the best
interest of the juvenile or is required for the protection of the public,
except that no person under the age of eighteen (18) years may be
committed to jail, prison or a secure facility which does not meet the
standards set forth in section 20-518, Idaho Code, unless jurisdiction
over the individual is in the process of being waived or has been waived
pursuant to section 20-508 or 20-509, Idaho Code. The court may combine
several of the above-listed modes of disposition where they are
compatible;
(k) An order under the provisions of this section for probation or
placement of a juvenile with an individual or an agency may provide a
schedule for review of the case by the court;
(l) Order the proceeding expanded or altered to include consideration of
the cause pursuant to chapter 16, title 16, Idaho Code;
(m) Order the case and all documents and records connected therewith
transferred to the magistrate division of the district court for the
county where the juvenile and/or parents reside if different than the
county where the juvenile was charged and found to have committed the
unlawful or criminal act, for the entry of a dispositional order;
(n) Order such other terms, conditions, care or treatment as appears to
the court will best serve the interests of the juvenile and the community;
(o) The court shall assess a twenty dollar ($20.00) detention/probation
training academy fee against the juvenile for every petition filed where
there has been an adjudication that the juvenile is within the purview of
this chapter. All moneys raised pursuant to this subsection shall be
transmitted by the court for deposit in the juvenile corrections fund
which is created in section 20-542, Idaho Code;
(p) Additionally, the court shall assess a fee of sixty cents (60¢) per
hour of community service against the juvenile for every petition filed
where there has been an adjudication that the juvenile is within the
purview of this chapter and the court is ordering community service. Such
fee is to be remitted by the court to the state insurance fund for
purposes of providing worker's compensation insurance for persons
performing community service pursuant to this chapter;
(q) Commit the juvenile to the legal custody of the department of
juvenile corrections for an indeterminate period of time not to exceed the
juvenile's nineteenth birthday, unless, in the opinion of the custody
review board, extended time in custody is necessary to address competency
development, accountability, and community protection; provided however,
that no juvenile shall remain in the custody of the department beyond the
juvenile's twenty-first birthday. The department shall adopt rules
implementing the custody review board and operations and procedures of
such board;
(r) Notwithstanding any other provision of this section, a court may not
commit a juvenile offender under the age of ten (10) years to a period of
detention or to the custody of the department of juvenile corrections for
placement in secure confinement.
(2) When an order is entered pursuant to this section, the juvenile shall
be transported to the facility or program so designated by the court or the
department, as applicable, by the sheriff of the county where the juvenile
resides or is committed, or by an appointed agent. When committing a juvenile
to the department, or another entity, the court shall at once forward to the
department or entity a certified copy of the order of commitment.
(3) Unless the court determines that an order of restitution would be
inappropriate or undesirable, it shall order the juvenile or his parents or
both to pay restitution to or make whole any victim who suffers an economic
loss as a result of the juvenile's conduct in accordance with the standards
and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of
restitution which may be ordered by the court shall not be subject to the
limitations of section 6-210, Idaho Code. Court-ordered restitution shall be
paid prior to any other court-ordered payments unless the court specifically
orders otherwise.
(4) The court may order the juvenile's parents, legal guardian or
custodian to pay the charges imposed by community programs ordered by the
court for the juvenile, or the juvenile's parents, legal guardian or
custodian.
(5) Any parent, legal guardian or custodian violating any order of the
court entered against the person under the provisions of this chapter shall be
subject to contempt proceedings under the provisions of chapter 6, title 7,
Idaho Code.

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