20-509. VIOLENT OFFENSES, CONTROLLED SUBSTANCES VIOLATIONS NEAR
SCHOOLS -- OFFENDERS. (1) Any juvenile, age fourteen (14) years to age eigh-
teen (18) years, who is alleged to have committed any of the following crimes
or any person under age fourteen (14) years who is alleged to have committed
any of the following crimes and, pursuant to section 20-508, Idaho Code, has
been ordered by the court to be held for adult criminal proceedings:
(a) Murder of any degree or attempted murder;
(b) Robbery;
(c) Rape as defined in section 18-6101, Idaho Code;
(d) Forcible sexual penetration by the use of a foreign object;
(e) Mayhem;
(f) Assault or battery with the intent to commit any of the serious
felonies provided in this section;
(g) A violation of the provisions of section 37-2732(a)(1)(A), (B) or
(C), Idaho Code, when the violation occurred on or within one thousand
(1,000) feet of the property of any public or private primary or sec-
ondary school, or in those portions of any building, park, stadium or
other structure or grounds that were, at the time of the violation, be-
ing used for an activity sponsored by or through such a school; and
(h) Arson in the first degree and aggravated arson;
shall be charged, arrested and proceeded against by complaint, indictment
or information as an adult. All other felonies or misdemeanors charged
in the complaint, indictment or information that are based on the same act
or transaction or on one (1) or more acts or transactions as the violent
or controlled substances offense shall similarly be charged, arrested and
proceeded against as an adult. Any juvenile proceeded against pursuant to
this section shall be accorded all constitutional rights, including bail and
trial by jury, and procedural safeguards as if that juvenile were an adult
defendant.
(2) A juvenile who has been formally charged or indicted pursuant to
this section or has been transferred for criminal prosecution as an adult
pursuant to the waiver provisions of section 20-508, Idaho Code, or this sec-
tion shall not be held in a jail or lockup for adults unless a court finds,
after a hearing and in writing, that it is in the interest of justice.
(a) In determining whether it is in the interest of justice to permit
a juvenile to be held in any jail or lockup for adults or have sight or
sound contact with adult inmates, a court shall consider:
(i) The age of the juvenile;
(ii) The physical and mental maturity of the juvenile;
(iii) The present mental state of the juvenile, including whether
the juvenile presents an imminent risk of self-harm;
(iv) The nature and circumstances of the alleged offense;
(v) The juvenile's history of prior delinquent acts;
(vi) The relative ability of the available adult and juvenile de-
tention facilities not only to meet the specific needs of the juve-
nile but also to protect the safety of the public as well as other
detained youth; and
(vii) Any other relevant factor.
(b) If a court determines pursuant to this subsection that it is in the
interest of justice to permit a juvenile to be held in any jail or lockup
for adults:
(i) The court shall hold a hearing not less frequently than once
every thirty (30) days to review whether it is still in the inter-
est of justice to permit the juvenile to be so held or have such
sight or sound contact; and
(ii) The juvenile shall not be held in any jail or lockup for
adults or permitted to have sight or sound contact with adult
inmates for more than one hundred eighty (180) days unless the
court, in writing, determines there is good cause for an extension
or the juvenile expressly waives this limitation.
(3) Except as otherwise allowed by subsection (4) of this section,
once a juvenile offender has been found to have committed the offense for
which the juvenile offender was charged, indicted or transferred pursuant
to this section or section 20-508, Idaho Code, or has been found guilty or
pled guilty to a lesser offense or amended charge growing out of or included
within the original charge, whether or not such lesser offense or amended
charge is included within the acts enumerated in subsection (1) of this sec-
tion, the juvenile offender shall thereafter be handled in every respect as
an adult. For any subsequent violation of Idaho law, the juvenile offender
shall be handled in every respect as an adult.
(4) Upon the conviction of a juvenile offender pursuant to this sec-
tion, 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 sen-
tencing 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 pursuant to
section 19-2601A, Idaho Code, and commit the defendant to the dual cus-
tody of the department of juvenile corrections and the state board of
correction.
[(20-509) 16-1806A, added 1981, ch. 151, sec. 1, p. 262; am. 1984, ch.
81, sec. 6, p. 151; am. 1990, ch. 268, sec. 5, p. 758; am. and redesig.
1995, ch. 44, sec. 10, p. 79; am. 1995, ch. 46, sec. 1, p. 110; am. 1995,
ch. 47, sec. 2, p. 113; am. 1995, ch. 48, sec. 1, p. 114; am. 1997, ch.
142, sec. 1, p. 414; am. 2000, ch. 73, sec. 1, p. 155; am. 2000, ch. 246,
sec. 3, p. 690; am. 2007, ch. 308, sec. 3, p. 868; am. 2010, ch. 352, sec.
10, p. 928; am. 2012, ch. 19, sec. 9, p. 47; am. 2015, ch. 113, sec. 7, p.
290; am. 2016, ch. 296, sec. 13, p. 842; am. 2022, ch. 24, sec. 1, p. 69;
am. 2022, ch. 124, sec. 23, p. 457.]