The Juvenile Corrections Act
The Juvenile Corrections Act is an Idaho law. It dictates how young offenders are to be treated in the juvenile justice system. It outlines the policies and procedures for various entities involved in the juvenile justice system. It provides a step-by-step guide of the juvenile's journey through the juvenile justice system.
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The Law
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The Juvenile Corrections Act was created in 1995 by the Idaho government. The law established the principles for the Idaho juvenile justice system which include accountability, community protection and competency development. The law deals with juvenile offenders, parent and guardian rights and obligations, correctional facilities, the court's obligations and responsibilities, rehabilitation and community services, and policies regarding incarceration and release. The law is comprehensive and deals with all aspects of the treatment of juveniles within the state's justice system.
Jurisdiction
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The Juvenile Corrections Act gives the juvenile justice system jurisdiction over children and youths. According to section 20-205, "the court shall have exclusive, original jurisdiction over any juvenile and over any adult who was a juvenile at the time of any act." The court has jurisdiction in the county in which the resident resides or the county in which the criminal act occurred, depending on the circumstances. The provisions in section 20-505 may not apply to juveniles who violate liquor, smoking or traffic laws. It does not pertain to juveniles who commit violent crimes.
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Court Transfer
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In certain circumstances, a juvenile may be transferred to the adult court system. Juvenile courts may waive jurisdiction for juveniles who commit violent crimes. A youth 14 years old or older may be transferred to the adult system if the act committed would be a crime if committed by an adult. A person over 18 may be adjudicated in adult court for juvenile crimes committed prior to the age of 18. A motion for transfer may be made by the juvenile court, the prosecuting attorney or by the defendant. The court considers several factors in deciding whether to waive jurisdiction. These factors include the seriousness of the crime; the nature of the crime; and the maturity, history and past criminal record of the defendant.
Incarceration
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Juveniles who are found guilty may be sentenced to a detention center. The law allows a judge to sentence the juvenile to 90 days of incarceration for every unlawful act the juvenile committed that would be considered a misdemeanor if committed by an adult. The judge may pass the same sentence for habitual offenders. The juvenile may be sentenced to 180 days for crimes and acts that would be considered a felony if committed by an adult. The youth must appear before the department for a review and determination of services needed within 90 days of entering the facility.
Restitution
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The Juvenile Corrections Act requires offenders to pay restitution to their victims. The Probation Department is to make "reasonable efforts" to ensure restitution. Offenders must pay the restitution with their probation, through a work program or directly to the victim. In some cases restitution may be a condition of probation.
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References
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