Idaho Code 20-511 – Diversion
Current as of: 2023 | Check for updates
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(1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker’s compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required.
(2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113, Idaho Code.
Terms Used In Idaho Code 20-511
- 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
- Diversion: means an alternative to formal prosecution of a juvenile offense. See Idaho Code 20-502
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Screening: means a brief process, typically using a validated tool to identify juveniles who warrant immediate attention, intervention, or a more comprehensive assessment. See Idaho Code 20-502
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114