US Laws, Codes, Statutes & Cases

                                  TITLE  20
                        STATE PRISON AND COUNTY JAILS
                                  CHAPTER 5
                           JUVENILE CORRECTIONS ACT
    20-508.  WAIVER OF JURISDICTION AND TRANSFER TO OTHER COURTS. (1) After
the filing of a petition and after full investigation and hearing, the court
may waive jurisdiction under the juvenile corrections act over the juvenile
and order that the juvenile be held for adult criminal proceedings when:
    (a)  A juvenile is alleged to have committed any of the crimes enumerated
    in section 20-509, Idaho Code; or
    (b)  A juvenile is alleged to have committed an act other than those
    enumerated in section 20-509, Idaho Code, after the child became fourteen
    (14) years of age which would be a crime if committed by an adult; or
    (c)  An adult at the time of the filing of the petition is alleged to have
    committed an act prior to his having become eighteen (18) years of age
    which would be a felony if committed by an adult, and the court finds that
    the adult is not committable to an institution for the mentally deficient
    or mentally ill, is not treatable in any available institution or facility
    available to the state designed for the care and treatment of juveniles,
    or that the safety of the community requires the adult continue under
    restraint; or
    (d)  An adult already under the jurisdiction of the court is alleged to
    have committed a crime while an adult.
    (2)  A motion to waive jurisdiction under the juvenile corrections act and
prosecute a juvenile under the criminal law may be made by the prosecuting
attorney, the juvenile, or by motion of the court upon its own initiative. The
motion shall be in writing and contain the grounds and reasons in support
thereof.
    (3)  Upon the filing of a motion to waive jurisdiction under the juvenile
corrections act, the court shall enter an order setting the motion for hearing
at a time and date certain and shall order a full and complete investigation
of the circumstances of the alleged offense to be conducted by county
probation, or such other agency or investigation officer designated by the
court.
    (4)  Upon setting the time for the hearing upon the motion to waive
jurisdiction,  the court shall give written notice of said hearing to the
juvenile, and the parents, guardian or custodian of the juvenile, and the
prosecuting attorney, at least ten (10) days before the date of the hearing,
or a lesser period stipulated by the parties, and such notice shall inform the
juvenile and the parents, guardian or custodian of the juvenile of their right
to court appointed counsel. Service of the notice shall be made in the manner
prescribed for service of a summons under section 20-512, Idaho Code.
    (5)  The hearing upon the motion to waive jurisdiction shall be held in
the same manner as an evidentiary hearing upon the original petition and shall
be made part of the record.
    (6)  If as a result of the hearing on the motion to waive jurisdiction the
court shall determine that jurisdiction should not be waived, the petition
shall be processed in the customary manner as a juvenile corrections act
proceeding. However, in the event the court determines, as a result of the
hearing, that juvenile corrections act jurisdiction should be waived and the
juvenile should be prosecuted under the criminal laws of the state of Idaho,
the court shall enter findings of fact and conclusions of law upon which it
bases such decision together with a decree waiving juvenile corrections act
jurisdiction and binding the juvenile over to the authorities for prosecution
under the criminal laws of the state of Idaho.
    (7)  No motion to waive juvenile corrections act jurisdiction shall be
recognized, considered, or heard by the court in the same case once the court
has entered an order or decree in that case that said juvenile has come within
the purview of the juvenile corrections act, and all subsequent proceedings
after the decree finding the juvenile within the purview of the act must be
under and pursuant to the act and not as a criminal proceeding.
    (8)  In considering whether or not to waive juvenile court jurisdiction
over the juvenile, the juvenile court shall consider the following factors:
    (a)  The seriousness of the offense and whether the protection of the
    community requires isolation of the juvenile beyond that afforded by
    juvenile facilities;
    (b)  Whether the alleged offense was committed in an aggressive, violent,
    premeditated, or willful manner;
    (c)  Whether the alleged offense was against persons or property, greater
    weight being given to offenses against persons;
    (d)  The maturity of the juvenile as determined by considerations of his
    home, environment, emotional attitude, and pattern of living;
    (e)  The juvenile's record and previous history of contacts with the
    juvenile corrections system;
    (f)  The likelihood that the juvenile will develop competency and life
    skills to become a contributing member of the community by use of
    facilities and resources available to the court;
    (g)  The amount of weight to be given to each of the factors listed in
    subsection (8) of this section is discretionary with the court, and a
    determination that the juvenile is not a fit and proper subject to be
    dealt with under the juvenile court law may be based on any one (1) or a
    combination of the factors set forth above, which shall be recited in the
    order of waiver.
    (9)  If the court does not waive jurisdiction and order a juvenile or
adult held for criminal proceedings, the court in a county other than the
juvenile's or adult's home county, after entering a decree that the juvenile
or adult is within the purview of this chapter, may certify the case for
sentencing to the court of the county in which the juvenile or adult resides
upon being notified that the receiving court is willing to accept transfer. In
the event of a transfer, which should be made unless the court finds it
contrary to the interest of the juvenile or adult, the jurisdiction of the
receiving court shall attach to the same extent as if the court had original
jurisdiction.
    (10) Upon conviction of a juvenile held for adult criminal proceedings
under 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 or withhold
    judgment pursuant to section 19-2601, Idaho Code, and commit the defendant
    to the custody of the department of juvenile corrections for an
    indeterminate period of time in accordance with section 20-520(1)(q),
    Idaho Code. The court, in its discretion, may order that the suspended
    sentence or withheld judgment be conditioned upon the convicted person's
    full compliance with all reasonable program requirements of the department
    of juvenile corrections.  Such a sentence may also set terms of probation,
    which may be served under the supervision of county juvenile probation.
    However, in no event may the total of the actual time spent by the
    convicted person in the custody of the department plus any adult sentence
    imposed by the court exceed the maximum period of imprisonment that could
    be imposed on an adult convicted of the same crime.
    (c)  If a convicted person is given a suspended sentence or withheld
    judgment conditioned upon the convicted person's compliance with all
    reasonable program requirements of the department pursuant to paragraph
    (b) of this subsection, and if the department reasonably believes that the
    convicted person is failing to comply with all reasonable program
    requirements, the department may petition the sentencing court to revoke
    the commitment to the department and transfer the convicted person to the
    county jail or to the custody of the state board of correction for the
    remainder of the sentence.