20-511. DIVERSION. (1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker’s compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required.
(2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113, Idaho Code.
History:
[(20-511) 16-1807A, added 1984, ch. 81, sec. 7, p. 152; am. 1994, ch. 233, sec. 3, p. 727; am. and redesig. 1995, ch. 44, sec. 12, p. 80; am. 1996, ch. 260, sec. 1, p. 856; am. 2009, ch. 154, sec. 1, p. 449; am. 2012, ch. 19, sec. 10, p. 49; am. 2013, ch. 222, sec. 1, p. 522; am. 2014, ch. 345, sec. 1, p. 865; am. 2015, ch. 141, sec. 24, p. 404; am. 2016, ch. 51, sec. 1, p. 147; am. 2022, ch. 20, sec. 1, p. 41.]
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.