STATE PRISON AND COUNTY JAILS
JUVENILE CORRECTIONS ACT
20-509. Violent offenses, controlled substances violations near schools and offenders. (1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or any person under age fourteen (14) years who is alleged to have committed any of the following crimes and, pursuant to section 20-508, Idaho Code, has been ordered by the court to be held for adult criminal proceedings:
(a) Murder of any degree or attempted murder;
(c) Rape as defined in section 18-6101, Idaho Code;
(d) Male rape as defined in section 18-6108, Idaho Code;
(e) Forcible sexual penetration by the use of a foreign object;
(f) Infamous crimes against nature, committed by force or violence;
(h) Assault or battery with the intent to commit any of the above serious felonies;
(i) A violation of the provisions of section 37-2732(a)(1)(A), (B) or (C), Idaho Code, when the violation occurred on or within one thousand (1,000) feet of the property of any public or private primary or secondary school, or in those portions of any building, park, stadium or other structure or grounds which were, at the time of the violation, being used for an activity sponsored by or through such a school;
(j) Arson in the first degree and aggravated arson;
shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information, which are based on the same act or transaction or on one (1) or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult. Any juvenile proceeded against pursuant to this section shall be accorded all constitutional rights, including bail and trial by jury, and procedural safeguards as if that juvenile were an adult defendant.
(2) Once a juvenile has been formally charged or indicted pursuant to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of section 20-508, Idaho Code, or this section, the juvenile shall be held in a county jail or other adult prison facility unless the court, after finding good cause, orders otherwise.
(3) Except as otherwise allowed by subsection (4) of this section, once a juvenile offender has been found to have committed the offense for which the juvenile offender was charged, indicted or transferred pursuant to this section or section 20-508, Idaho Code, or has been found guilty or pled guilty to a lesser offense or amended charge growing out of or included within the original charge, whether or not such lesser offense or amended charge is included within the acts enumerated in subsection (1) of this section, the juvenile offender shall thereafter be handled in every respect as an adult. For any subsequent violation of Idaho law, the juvenile offender shall be handled in every respect as an adult.
(4) Upon the conviction of a juvenile offender pursuant to this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:
(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or
(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence or withhold judgment pursuant to section 19-2601, Idaho Code, and commit the defendant to the custody of the department of juvenile corrections for an indeterminate period of time in accordance with section 20-520(1)(r), Idaho Code. The court, in its discretion, may order that the suspended sentence or withheld judgment be conditioned upon the convicted person's full compliance with all reasonable program requirements of the department of juvenile corrections. Such a sentence may also set terms of probation, which may be served under the supervision of county juvenile probation. However, in no event may the total of the actual time spent by the convicted person in the custody of the department plus any adult sentence imposed by the court exceed the maximum period of imprisonment that could be imposed on an adult convicted of the same crime.
(c) If a convicted person is given a suspended sentence or withheld judgment conditioned upon the convicted person's compliance with all reasonable program requirements of the department pursuant to paragraph (b) of this subsection, and if the department reasonably believes that the convicted person is failing to comply with all reasonable program requirements, the department may petition the sentencing court to revoke the commitment to the department and transfer the convicted person to the county jail or to the custody of the state board of correction for the remainder of the sentence.
[(20-509) 1981, ch. 151, sec. 1, p. 262; am. 1984, ch. 81, sec. 6, p. 151; am. 1990, ch. 268, sec. 5, p. 758; am. and redesig. 1995, ch. 44, sec. 10, p. 79; am. 1995, ch. 46, sec. 1, p. 110; am. 1995, ch. 47, sec. 2, p. 113; am. 1995, ch. 48, sec. 1, p. 114; am. 1997, ch. 142, sec. 1, p. 414; am. 2000, ch. 73, sec. 1, p. 155; am. 2000, ch. 246, sec. 3, p. 690; am. 2007, ch. 308, sec. 3, p. 868; am. 2010, ch. 352, sec. 10, p. 928; am. 2012, ch. 19, sec. 9, p. 47.]
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