Juvenile Proceedings

Juvenile proceedings exist for persons under the age of 18 who violate any federal, state or local law, with the exception of certain alcohol, tobacco, most traffic and watercraft violations. The Idaho Juvenile Corrections Act, Idaho Code § 20-501 et seq., governs a juvenile case. See also Idaho Juvenile Rules, adopted by the Supreme Court. A juvenile may also be tried as an adult in certain very serious crimes, as described below. The magistrate judge handles juvenile cases. The process is generally as follows:

Report of a wrongdoing; the filing of a petition: An officer who believes that a juvenile has broken the law files a report concerning the alleged offense. If it is determined that further action is needed, the report is submitted to the prosecuting attorney, requesting that a petition be filed with the juvenile court. A petition is the formal document that describes the specific act the juvenile is alleged to have committed. Unless such a petition is filed, the juvenile may not be brought before the court except to be released from detention.

Probation officer's recommendation: If the prosecutor chooses to file a petition, the Court may make a preliminary investigation to determine whether further action shall be taken. The juvenile’s probation officer then may recommend that the case be dismissed or that the juvenile be diverted into a community program. The judge may accept or reject the recommendation. "Diversion" efforts address the problem through non-legal processes such as counseling and special youth programs, and may occur informally whether or not a petition is filed.

The admit/deny hearing: The initial admit/deny court hearing in a juvenile proceeding is never open to the press or the public. Usually only the judge, the in-court clerk, probation officer, the juvenile, parents and attorneys are admitted, but other persons who have an interest in the case may also attend with the judge's permission. The judge reviews the petition, explains the constitutional and legal rights of the parties and determines whether the facts in the petition are true. If the juvenile denies the charge, the case is set for another hearing. At the admit/deny hearing, the judge decides whether the proceedings will be opened or closed; the proceedings are open unless the court enters an order closing them. Proceedings brought against a juvenile fourteen years or older who is charged with an act that would be a felony if committed by an adult are open to the public unless the judge orders that "extraordinary circumstances" justify closing the proceedings.

The sentencing and alternatives: If a juvenile admits an act or is found by the court to have committed it, the court proceeds to hold a sentencing hearing. This sentence may include one or more of several alternative possible actions. See Idaho Code § 20-520.

• The juvenile may be ordered into counseling, after which the case will be dismissed.
• A juvenile may be ordered to make restitution.
• A juvenile may be ordered into treatment or probation or committed to a juvenile detention facility for a period of 90 days or less.
• A juvenile may be committed to the Department of Juvenile Corrections, which could place a juvenile in a Juvenile Corrections Center or in some cases, the state Mental Hospital.

A juvenile at least 14 years old who is alleged to have committed certain serious felonies, such as murder, robbery or forcible rape, is charged and tried as an adult. See Idaho Code § 20-509. In certain other cases, the juvenile court may transfer the case to district court to be processed under adult criminal law. This may be done if the juvenile is at least 14 years old, or is under 14 and has committed a serious felony, and certain other standards are met. See Idaho Code § 20-508. Idaho law also contains provisions for the parents of juvenile offenders to provide reimbursement for the costs of their child’s offense. See Idaho Code § 20-524.