Idaho Code 20-533 – Release From Custody of the Department
Current as of: 2023 | Check for updates
|
Other versions
(1) The department shall determine an appropriate date for release of the juvenile offender from the custody of the department, based upon guidelines established by the department. The department shall review and update policy guidelines annually.
(2) 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 shall remain on probation until the probation is terminated by the court. Following the release of a juvenile offender, the court may conduct a hearing to review the juvenile offender’s conditions of probation and determine whether existing conditions should be amended or eliminated or additional conditions imposed.
Terms Used In Idaho Code 20-533
- Community-based program: means an in-home confinement program or a nonsecure or staff-secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county. See Idaho Code 20-502
- Court: means any district court within the state of Idaho or magistrate division thereof. See Idaho Code 20-502
- Department: means the state department of juvenile corrections. See Idaho Code 20-502
- Judge: means a district judge or a magistrate. See Idaho Code 20-502
- Juvenile: means a person less than eighteen (18) years of age or who was less than eighteen (18) years of age at the time of any alleged act, omission or status. See Idaho Code 20-502
- Juvenile offender: means a person under the age of eighteen (18) years at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter. See Idaho Code 20-502
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
(3) County probation officers shall enforce probation conditions and supervise juvenile offenders while on probation. As authorized by court order, probation officers may establish additional reasonable conditions of probation with which the juvenile offender must comply. The juvenile offender may move for a hearing before the court to contest any conditions imposed by the probation officer. If the probation officer establishes additional conditions of probation, the probation officer shall advise the juvenile offender at the time such additional conditions are imposed of the juvenile offender’s right to move the court for a hearing to contest those conditions.
(4) When the department is considering release of a juvenile offender committed to the department for confinement, the department shall notify the prosecuting attorney of the county from which the juvenile offender was committed to confinement, the judge whose order caused the juvenile offender to be committed to confinement and the victims of the juvenile offender’s unlawful conduct. Notice shall also be given to the same parties upon the actual release of the juvenile offender from the department’s custody.