Violation by a juvenile offender of a curfew established by a municipal or county ordinance shall constitute an infraction and is punishable by a fine of one hundred fifty dollars ($150). Fines shall be deposited in the county juvenile justice fund of the county where the violation occurred, or if such a fund has not been established, then in the current county expense account for juvenile corrections purposes in the county where the violation occurred. Detention of a juvenile offender in a county jail or detention center for violation of a curfew is prohibited.
Any peace officer may issue a citation for violation of a curfew that shall thereafter proceed under the juvenile corrections act in the same manner as though the violation was charged by a petition. Citations shall be issued on the Idaho uniform citation form. The peace officer issuing a curfew citation may detain the violator and at the time the citation is issued shall make a reasonable effort to obtain the endorsement of the juvenile’s parent or legal guardian on the citation. If the endorsement of a parent or legal guardian cannot be obtained with the exercise of reasonable diligence, a copy of the citation shall be hand delivered or mailed to the juvenile’s parent or legal guardian by a peace officer at least seven (7) days prior to the date set for the juvenile’s appearance. The citation must provide a date certain for the appearance before a magistrate of the juvenile and parent or legal guardian.