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 juvenile that typically results in treatment interventions and recommendations.
(3) "Commit" means to transfer legal custody.
(4) "Community-based program" means an in-home confinement program or a nonsecure or staff-secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county.
(5) "Court" means any district court within the state of Idaho or magistrate division thereof.
(6) "Custody review board" means the board created and authorized by law to review cases of juveniles in custody of the department.
(7) "Department" means the state department of juvenile corrections.
(8) "Detention" means the temporary placement of juvenile offenders who require secure custody for their own or the community’s protection in physically restricting facilities.
(9) "Director" means the director of the department of juvenile corrections.
(10) "Diversion" means an alternative to formal prosecution of a juvenile offense. Diversion describes intervention approaches that redirect juveniles away from formal court processing in the juvenile justice system while applying the principles of the balanced approach and restorative justice. Diversion strategies take place at arrest, referral, intake, or prior to or after the filing of a petition and should provide the same array of services as formal court processing, except for detention. Diversion may be appropriate for low-risk or moderate-risk offenders as informed by results of a valid screening instrument.
(11) "Judge" means a district judge or a magistrate.
(12) "Juvenile" means a person less than eighteen (18) years of age or who was less than eighteen (18) years of age at the time of any alleged act, omission or status.
(13) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.
(14) "Juvenile detention center" means a secure facility established pursuant to sections 20-517 and 20-518, Idaho Code, and in compliance with IDAPA 05.01.02.
(15) "Juvenile offender" means a person under the age of eighteen (18) years at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter.
(16) "Legal custody" means the relationship created by the court’s decree that imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care.
(17) "Legal guardian" means a person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner or operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender.
(18) "Observation and assessment program" means any state-operated or purchased service program responsible for temporary custody of juvenile offenders for observation and assessment.
(19) "Screening" means a brief process, typically using a validated tool to identify juveniles who warrant immediate attention, intervention, or a more comprehensive assessment. Screening tools help guide and identify juveniles who might be appropriate for diversion or who need comprehensive mental health or substance use assessments.
(20) "Secure facility" means any architecturally secure residential facility that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.
(21) "Staff-secure facility" means a nonarchitecturally secure residential facility with awake staff twenty-four (24) hours a day, seven (7) days a week for intensive supervision of juvenile offenders.
(22) "Validated risk
eeds assessment" means a validated instrument that measures a juvenile’s criminal risk factors and specific needs that, if addressed, should reduce the juvenile’s likelihood to reoffend.
(23) "Work program" means a public service work project that employs juvenile offenders at a reasonable wage for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.
History:
[(20-502) 16-1802, added 1963, ch. 319, sec. 2, p. 876; am. 1973, ch. 27, sec. 1, p. 51; am. 1984, ch. 81, sec. 3, p. 149; am. 1989, ch. 155, sec. 2, p. 375; am. 1990, ch. 245, sec. 1, p. 696; am. 1990. ch. 355, sec. 1, p. 959; am. and redesig. 1995, ch. 44, sec. 3, p. 71; am. 1995, ch. 277, sec. 1, p. 926; am. 1997, ch. 83, sec. 1, p. 195; am. 2000, ch. 139, sec. 1, p. 365; am. 2012, ch. 19, sec. 2, p. 40; am. 2021, ch. 18, sec. 2, p. 43; am. 2022, ch. 23, sec. 1, p. 65.]
Structure Idaho Code
Title 20 - STATE PRISON AND COUNTY JAILS
Chapter 5 - JUVENILE CORRECTIONS ACT
Section 20-501 - LEGISLATIVE INTENT.
Section 20-504 - DUTIES OF THE DEPARTMENT OF JUVENILE CORRECTIONS.
Section 20-505 - JURISDICTION.
Section 20-506 - TRANSFER FROM OTHER COURTS.
Section 20-507 - RETENTION OF JURISDICTION.
Section 20-508 - WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS.
Section 20-509 - VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR SCHOOLS — OFFENDERS.
Section 20-510 - INFORMATION — INVESTIGATION — PETITION.
Section 20-511A - MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT.
Section 20-512 - SUMMONS — NOTICE — CUSTODY OF JUVENILE.
Section 20-513 - SERVICE OF SUMMONS — TRAVEL EXPENSES.
Section 20-515 - FAILURE TO OBEY SUMMONS, A CONTEMPT — WARRANT.
Section 20-516 - APPREHENSION AND RELEASE OF JUVENILES — DETENTION.
Section 20-516A - JUVENILE PRETRIAL SUPERVISION — FEES.
Section 20-517 - DETENTION ACCOMMODATIONS.
Section 20-518 - STANDARDS FOR DETENTION.
Section 20-519 - EVIDENTIARY HEARING.
Section 20-519C - RESTORATION REPORTS — HEARINGS.
Section 20-519D - ADMISSIBILITY OF STATEMENTS BY EXAMINED OR TREATED JUVENILE.
Section 20-522 - JURISDICTION OVER PARENTS.
Section 20-523 - SCREENING TEAMS TO PROVIDE ASSISTANCE TO COURT.
Section 20-524 - SUPPORT OF JUVENILE OR JUVENILE OFFENDER — REIMBURSEMENT FOR COSTS INCURRED.
Section 20-524A - DEPARTMENT’S PAYMENT OF DETENTION COSTS.
Section 20-525 - RECORDS — PRIVILEGED INFORMATION.
Section 20-526 - ENCOURAGING VIOLATIONS.
Section 20-527 - SCHOOL TRUSTEES TO REPORT TRUANTS.
Section 20-529 - APPOINTMENT OF COUNTY PROBATION OFFICERS.
Section 20-530 - REASSESSMENT OF COMMITTED JUVENILE OFFENDERS — RECORDS — FAILURE TO REASSESS.
Section 20-531 - SECURE FACILITIES.
Section 20-532 - TERM OF COMMITMENT — REVIEW AFTER COMMITMENT.
Section 20-532A - ORDER FOR APPREHENSION AND DETENTION OF ESCAPEES FROM CUSTODY.
Section 20-533 - RELEASE FROM CUSTODY OF THE DEPARTMENT.
Section 20-534 - MAGISTRATE COURT PROBATION SECTIONS TO FURNISH INFORMATION TO DEPARTMENT.
Section 20-535 - REVIEW OF PROGRAMS FOR JUVENILE OFFENDERS — CERTIFICATION.
Section 20-537 - PROGRAM RECORDS AS PROPERTY OF DEPARTMENT — CONTROL OF RECORDS.
Section 20-538 - RESTITUTION TO VICTIMS OF JUVENILE OFFENDERS — DUTIES OF DEPARTMENT.
Section 20-539 - CREATION OF FUND.
Section 20-540 - REPORTS BY DEPARTMENT.
Section 20-541 - SPECIAL COMMISSIONER — DUTIES.
Section 20-542 - JUVENILE CORRECTIONS FUND — CREATION.
Section 20-547 - CONSTRUCTION OF ACT — CITATION OF ACT — OTHER CODE REFERENCES CONSTRUED.
Section 20-549 - CURFEW VIOLATIONS — CITATION — NOTIFICATION.