Idaho § 20-509 - Violent offenses, controlled substances violations near schools - offenders

§ 20-509. Violent offenses, controlled substances violations near schools - 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;

(b) Robbery;

(c) Rape as defined in section 18-6101 , Idaho Code;

(d) Forcible sexual penetration by the use of a foreign object;

(e) Mayhem;

(f) Assault or battery with the intent to commit any of the serious felonies provided in this section;

(g) 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 that were, at the time of the violation, being used for an activity sponsored by or through such a school; and

(h) 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 that 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) A juvenile who 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 shall not be held in a jail or lockup for adults unless a court finds, after a hearing and in writing, that it is in the interest of justice.

(a) In determining whether it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults or have sight or sound contact with adult inmates, a court shall consider:

(i) The age of the juvenile;

(ii) The physical and mental maturity of the juvenile;

(iii) The present mental state of the juvenile, including whether the juvenile presents an imminent risk of self-harm;

(iv) The nature and circumstances of the alleged offense;

(v) The juvenile’s history of prior delinquent acts;

(vi) The relative ability of the available adult and juvenile detention facilities not only to meet the specific needs of the juvenile but also to protect the safety of the public as well as other detained youth; and

(vii) Any other relevant factor.

(b) If a court determines pursuant to this subsection that it is in the interest of justice to permit a juvenile to be held in any jail or lockup for adults:

(i) The court shall hold a hearing not less frequently than once every thirty (30) days to review whether it is still in the interest of justice to permit the juvenile to be so held or have such sight or sound contact; and

(ii) The juvenile shall not be held in any jail or lockup for adults or permitted to have sight or sound contact with adult inmates for more than one hundred eighty (180) days unless the court, in writing, determines there is good cause for an extension or the juvenile expressly waives this limitation.

(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 pursuant to section 19-2601A , Idaho Code, and commit the defendant to the dual custody of the department of juvenile corrections and the state board of correction.