Delinquency Services Summary
Decentralized State: Delinquency services are organized at both the state and local level in Idaho. County boards operate a secure detention facility in each of Idaho's seven judicial districts. Prosecutors are usually responsible for delinquency intake screening while county probation departments handle predisposition investigation, probation supervision, and aftercare services. A state executive agency, the Department of Juvenile Corrections, administers the juvenile corrections continuum.

Court(s) with Delinquency Jurisdiction
Magistrate Divisions of District Courts exercise jurisdiction over delinquency proceedings. District Courts are general jurisdiction trial courts. Idaho has seven judicial districts, each consisting of at least four counties. For more information, visit the Idaho State Judiciary's web site.

Highlights

Community Incentive / Mental Health / Re-Entry Programs
The Idaho Juvenile Justice Commission, in partnership with the Department of Juvenile Corrections (IDJC), established the Community Incentive Program. These programs enable juvenile courts to access funds so that they can divert juvenile offenders to community-based options instead of committing them to IDJC or provide resources to juveniles transitioning back to the community post commitment. Community-based options include day treatment, intensive probation, electronic monitoring, family therapy, substance abuse, mental health and sex offender treatment, and/or transportation to these services in a more populated county. In 2006, The Idaho State Legislature provided funding to IDJC to replicate the Community Incentive program specifically for treatment of juvenile offenders with mental health issues. The Mental Health Program provides funding for evidence based programs for juvenile offenders diagnosed with a mental illness.

Clinical Services in Juvenile Detention Facilities
A collaborative workgroup of state agencies, parents, courts, counties, service providers and others initiated a pilot project to dedicate clinical services to juvenile offenders in a detention facility. The project showed great success by reducing crisis events in the facility, linking offenders to community-based services, and reducing offenders' progression into the juvenile justice system. IDJC is expanding this project to all 12 juvenile detention facilities within the state.

Idaho Juvenile Offender Systems
The Idaho Juvenile Offender System (IJOS) is a statewide database used by state and local juvenile justice professionals to manage cases of juveniles on probation or in state custody. IJOS will eventually include criminal justice data and data from state, county, and local law enforcement.

Detention
Each of Idaho's seven judicial districts has access to a secure detention facility operated by a board comprised of county employees from the counties in the judicial district. The counties are financially responsible for operating the detention facility.

Detention alternatives include electronic monitoring and diversion programs, such as Work In Lieu of Detention (WILD) programs that allow youth to work on community service projects instead of being in detention.

Juveniles may be held in detention before adjudication and disposition, while awaiting placement, as a disposition, and as a sanction for probation violations.

Detention hearings must be held within 24 hours, excluding weekends and holidays. Juveniles must appear before the judge within 15 days after a summons has been issued. Idaho Juvenile Rule 7 outlines the criteria for holding youth in detention, including to insure that the juvenile attends the hearing and to prevent the juvenile from harming him or herself or others.

Delinquency Intake Screening
Any peace officer, prosecuting attorney, or any authorized representative of a school district’s board of trustees may make delinquency referrals. However, neither the juvenile court nor any of its officers makes delinquency referrals. The majority of referrals are sent to the prosecutor for evaluation, although some county juvenile probation departments may receive referrals directly. No set criteria dictate the cases that must go to the prosecutor. Prosecutors determine whether to handle cases formally or informally and make the charging decision, sometimes in cooperation with the probation department.

Diversion
The prosecutor may refer cases directly to the juvenile probation department or a community based-diversion program for informal probation and counseling. Probation officers may also recommend that the court divert the case. Because there are no set diversion guidelines, each county handles this differently. Some counties utilize the Idaho Juvenile Risk Assessment to assist them in making the diversion decision. Youth courts, accountability boards, and the children’s mental health council are diversion options.

TEAM Camp
TEAM (Teen Emergency Awareness Member) Camp is a diversion program for at-risk youth, ages 12 – 17, with no more than two law violations. During this one-week summer program near Lewiston, agency representatives guide youth in activities that require working as a team, such as land navigation, search and rescue, a ropes course, and a simulated hostage takeover. Agencies collaborating on this program include Nez Perce County Court Services, the Idaho State Fish and Game Department, the Bureau of Land Management, the Western Regional FBI SWAT team from Utah, the National Football League Alumni Association, the US Forest Service, and some fire departments. For the eight summers the camp has operated, the recidivism rate is 40% for the first 365 days following camp, and 22% thereafter. Last year, TEAM Camp began assigning each youth an adult sponsor who stays in touch with them after camp ends. With this new mentoring piece, the recidivism rate for the first 365 days is now 17%. For more information, contact John Triplett, Director of Nez Perce County Court Services, at 208-799-3179 or JohnTriplett@co.nezperce.id.us.

Predisposition Investigation
Juvenile probation officers from county probation departments perform predisposition investigations. Within some agencies, a specific person(s) may be responsible for predisposition investigations or the probation officers may perform this duty. There is no requirement to use a standardized assessment tool, although many counties utilize the Idaho Juvenile Risk Assessment or the Youthful Level of Service/Case Management Inventory to assist them in making recommendations. Depending on the county, juveniles coming into the system for the first time may be assessed differently than juveniles that are currently on probation for another offense or who have been previously involved in the system.

Victim Rights and Services
In 1995, Idaho enacted legislation that included victims of juvenile crimes in the victim's bill of rights (Title 19 (Criminal Procedure), Chapter 53 Compensation of Victims of Crimes). Per statute, the rights of victims of criminal and juvenile offenders include to be treated with fairness, respect, dignity and privacy; to be present at all proceedings; to be notified of the offender’s status and escape or release; and to speak at a juvenile hearing or submit a statement, if requested.

Under the Idaho Juvenile Corrections Act, juveniles committed to the Department of Juvenile Corrections must apologize to their victims, participate in victim/offender mediation, and pay restitution, when appropriate.

In addition to rights covered by the victim's bill of rights and other statutes, Article 1 of Idaho's Constitution provides rights for victims of juvenile offenders.

The Idaho Industrial Commission administers the Idaho Crime Victims Compensation Act.

Some counties, especially larger ones, have a Victim Witness Coordinator.

Probation Supervision
Juvenile probation officers, working for county probation departments, provide probation supervision. Each county has its own probation department or contracts with another county. Juvenile probation officers may supervise both adults and juveniles in many of the counties, especially smaller ones. Because juvenile probation officers are county employees and are paid by the county, they work as agents of the court.

Idaho has no statewide standard operating procedures guiding juvenile probation practice. Each county develops their own set of operating procedures. Judges set probation policy. The standard caseload size is 15 cases for intensive probation and 45 for traditional probation.

Juvenile probation officers can recommend supervision terms to the court, but the court sets the terms. There is no standard contract used statewide that juvenile court judges can add to with specific orders. Some counties use traditional case planning methods while, in others, the judge may modify a standard set of probation terms. Some counties use the Idaho Juvenile Risk Assessment to help determine the level of probation supervision.

Types of specialized supervision programs available depend on the county. A few counties place juvenile probation officers in their communities, and there has been a shift to working non-traditional hours.

Idaho has not conducted an evaluation of the effectiveness of probation supervision.

Juvenile Probation Officer Qualifications, Certification, and Training
Counties determine job requirements for juvenile probation officers. Education requirements range from having a GED, high school diploma, or college degree.

Juvenile probation officer's employed after October 1, 2003 must be certified (030.02a,b,c). To be professionally certified, juvenile probation officers must complete an 80-hour basic training course at the Idaho Peace Officer Standards and Training (POST) Academy, followed by 40 hours of on-the-job site-specific training on the basics of juvenile probation officer work, and take a test. In some cases, probation officers have voluntarily attended additional POST training beyond basic training, such as verbal judo and instructor development. Depending on the county, juvenile probation officers may receive initial and ongoing training.

The Idaho Department of Juvenile Corrections (IDJC) partnered with POST to develop standards and certification. IDJC funds this work. In addition, the Juvenile Training Council was established to develop requirements for juvenile probation officer training. The members (who are appointed by IDJC’s Director) are comprised of a county sheriff, a director of a juvenile detention center, the Director of IDJC, a magistrate judge, and a county juvenile probation administrator. Idaho probation officers developed and wrote the academy curriculum, which POST approved.

Juvenile Corrections Continuum
The Department of Juvenile Corrections (IDJC) administers Idaho's three state delinquency institutions: Juvenile Corrections Center-Nampa, Juvenile Corrections Center-St. Anthony, and Juvenile Corrections Center-Lewiston.

JCC-St. Anthony: Established in 1903, JCC-St. Anthony has the responsibility for providing rehabilitative services under the guidelines of IDJC, “What Works” principles, and the Balanced Approach to Restorative Justice. The programs/services provided include positive peer culture, Thinking for A Change (TFAC), educational/vocational services, individual and/or family counseling with certified clinical staff, Outdoor Therapeutic Programming (OTP), including a Challenge/Ropes Course, drug and alcohol services, and offender specific services for female offenders and juveniles with sexually aggressive behaviors. All program components focus on strength based interventions, teaching the juveniles to accept accountability, improving upon their competencies, and focusing on building their capacities to restore the harm done to their home communities.

JCC-Nampa: The Department of Juvenile Corrections also administers the Choices Program, a residential substance abuse treatment program for adjudicated male juvenile offenders. The Choices Program has 36 beds and provides alcohol and drug treatment in a modified therapeutic community milieu. The program offers a continuum of services including cognitive restructuring, drug and alcohol treatment, and education. The facility is expanding to provide services for juvenile offenders with co-occurring disorders. Twenty-four (24) beds will serve the needs of both male and female offenders with co-occurring disorders.

JCC-Lewiston: The Milestone Program in Lewiston is also a substance abuse treatment program for adjudicated male juvenile offenders. The Milestone Program has 24 beds and provides alcohol and drug treatment similar to the Choices program.

Commitment to State
Commitments to the Idaho Department of Juvenile Corrections (IDJC) are indeterminate. However, juveniles are not permitted to remain in IDJC custody beyond their 21st birthday. In 2002, Senate Bill 1460 decreased the maximum age of commitment to IDJC from age 20 to age 18. However, the Custody Review Board may extend commitments through age 20. Previously, IDJC could make such decisions independently.

IDJC makes placement decisions using a risk/needs assessment tool. The same county juvenile probation officer from the committing county monitors juvenile offenders in IDJC's custody.

Blended Sentencing
Idaho has two blended sentencing arrangements. The criminal court judge may choose any juvenile disposition option if adult sentences would be inappropriate. Also, the 2000 legislature enacted Senate Bill 1374, which permits district court judges to impose a "blending" option of sentencing and probation for juveniles convicted under mandatory or discretionary waiver to adult court. The legislation allows for a suspended adult sentence while placing a juvenile in the juvenile system and permits immediate imposition of adult sentence if juvenile fails to comply. For more information on Idaho's blended sentencing provisions, click here.

Direct Placement
The court can directly place a juvenile in a local or private residential facility without committing the juvenile to the Idaho Department of Juvenile Corrections. Juvenile probation officers supervise these juveniles. The court makes the release decision.

Release
The Idaho Department of Juvenile Corrections (IDJC) sets an anticipated release date based on a comprehensive assessment process. The process includes risk assessments, percentage of treatment goals that the juvenile has completed, and input from all treatment team members and stakeholders. IDJC is currently writing guidelines for this process. IDJC reviews the dispositions of juveniles committed to it at least once a year. Following a juvenile's release from IDJC custody or before the juvenile's release if the court deems it appropriate, the court may hold a hearing to review the conditions of probation.

Juvenile offenders may be released to their own home, to a residential community-based program, to a nonresidential community-based treatment program, to an approved independent living setting, or to other appropriate residences, but remain on probation until terminated by the court.

In 2002, legislation created the Custody Review Board to review the release of 19- to 20-year-old high-risk juvenile offenders from IDJC commitments. After weighing community risk factors and the effect of appropriate aftercare, the Custody Review Board may recommend release or continued confinement. The Director of IDJC appoints board members who are representatives of the court, education, and victims as well as IDJC and county juvenile justice staff. Any member of the community treatment team can refer juveniles who meet the qualifications to the Custody Review Board.

Aftercare/Re-entry
Juvenile probation officers from county probation departments provide aftercare services in Idaho. Juvenile probation officers are paid by the county as county employees, but work as agents of the court.

When juveniles are committed to the Idaho Department of Juvenile Corrections (IDJC), they are also typically court-ordered to complete a term of probation upon their release. This means that after completing the residential program, they must also comply with this after-commitment probation. Violation may result in the court recommitting the juvenile to IDJC for another placement in a correctional facility. The court may release juveniles without probation.

Idaho participated in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. The Reentry Initiative has been sustained through the strong partnerships developed in the pilot project. Juvenile offenders transitioning back to the community in judicial districts 3 and 4 receive extensive support through a dedicated network of partners. IDJC is expanding this model to the other judicial districts statewide.

State Laws

Legal Resources
Idaho Juvenile Rules

Idaho Statutes, Title 20 (State Prison and County Jails), Chapter 5 (Juvenile Corrections Act)

Idaho State Bar and Idaho Law Foundation

Purpose Clauses
To read Idaho's purpose clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2006 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 20

Juvenile Transfer Laws
For information on Idaho's juvenile transfer laws, click here.

Juvenile Justice Leadership

Idaho Association of County Juvenile Justice Administrators
The IACJJA is an organization composed of county juvenile justice administrators from Idaho.

Idaho District Juvenile Justice Councils
Since 1995, each of Idaho's seven judicial districts has had a Juvenile Justice Council. Up to 15 community members may serve on the councils. Members may come from a variety of groups, including law enforcement, the court, education, business, youth, and media. The council's responsibilities include advising the state's Juvenile Justice Commission, coordinating community prevention and intervention efforts, overseeing and evaluating District grant proposals, and present a District Action Plan to the Commission every three years. In 2006, a new Tribal Juvenile Council was formed to serve the Native American Tribes in Idaho.

Idaho Juvenile Justice Association
The IJJA was formed in 1991 to provide a forum for discussion and resolution of juvenile justice issues, networking and career development, promotion of community safety, victim restoration, and effective service delivery.

Idaho Juvenile Justice Commission
The Idaho Juvenile Justice Commission, as the State Advisory Group, allocates and disburses federal funding and insures compliance with the core requirements of the JJDP Act of 1974.

Resources/Contacts
Idaho Department of Juvenile Corrections
Idaho Association of County Juvenile Justice Administrators
Idaho Juvenile Justice Association
Idaho Juvenile Justice Commission
Idaho Peace Officer Standards and Training (POST) Academy
Idaho State Bar and Idaho Law Foundation
Idaho State Judiciary
Southwest Idaho Juvenile Detention Center

Idaho Department of Juvenile Corrections: Two-Year Report

Alan Miller
Juvenile Justice Specialist
Department of Juvenile Corrections
P.O. Box 83720
400 North 10th
Boise, ID 83720-0285
Phone: (208) 334-5100 x244
Fax: (208) 334-5120

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Idaho." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.