20-502. DEFINITIONS. When used in this chapter, unless the context otherwise requires:

(1) "Adult" means a person eighteen (18) years of age or older.

(2) "Commit" means to transfer legal custody.

(3) "Community-based program" means an in-home confinement program or a nonsecure or staff secure residential or nonresidential program operated to supervise and provide competency development to juvenile offenders in the least restrictive setting, consistent with public safety, operated by the state or under contract with the state or by the county.

(4) "Court" means any district court within the state of Idaho, or magistrate’s division thereof.

(5) "Department" means the state department of juvenile corrections.

(6) "Detention" means the temporary placement of juvenile offenders who require secure custody for their own or the community’s protection in physically restricting facilities.

(7) "Director" means the director of the department of juvenile corrections.

(8) "Diversion" means the utilization of local community resources, churches, counseling for the juvenile offender and/or family, substance abuse counseling, informal probation, community service work, voluntary restitution, or any other available service or program as an alternative to the filing of a petition with the juvenile court.

(9) "Judge" means a district judge or a magistrate.

(10) "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.

(11) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(12) "Juvenile detention center" means a secure facility established pursuant to sections 20-517 and 20-518, Idaho Code, and in compliance with IDAPA 05.01.02.

(13) "Juvenile offender" means a person under the age of eighteen (18) at the time of any act, omission or status and who has been adjudicated as being within the purview of this chapter.

(14) "Legal custody" means the relationship created by the court’s decree which imposes upon the custodian responsibilities of physical possession of the juvenile offender, the duty to protect, train and discipline him and to provide him with food, shelter, education and ordinary medical care.

(15) "Legal guardian" means a person appointed as guardian of a minor under the laws of Idaho. For the purposes of this chapter, legal guardian does not include and shall not be construed to include the owner, operator or the agent of an owner or operator of a detention center, observation and assessment center, secure facility, residential facility or other facility having temporary or long-term physical custody of the juvenile offender.

(16) "Observation and assessment program" means any state-operated or purchased service program responsible for temporary custody of juvenile offenders for observation and assessment.

(17) "Secure facility" means any architecturally secure residential facility that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department.

(18) "Staff secure facility" means a nonarchitecturally secure residential facility with awake staff twenty-four (24) hours a day, seven (7) days a week for intensive supervision of juvenile offenders.

(19) "Work program" means a public service work project which employs juvenile offenders at a reasonable wage for the purpose of reimbursing victims of the juvenile offender’s delinquent behavior.

History:

[(20-502) 1963, ch. 319, sec. 2, p. 876; am. 1973, ch. 27, sec. 1, p. 51; am. 1984, ch. 81, sec. 3, p. 149; am. 1989, ch. 155, sec. 2, p. 375; am. 1990, ch. 245, sec. 1, p. 696; am. 1990. ch. 355, sec. 1, p. 959; am. and redesig. 1995, ch. 44, sec. 3, p. 71; am. 1995, ch. 277, sec. 1, p. 926; am. 1997, ch. 83, sec. 1, p. 195; am. 2000, ch. 139, sec. 1, p. 365; am. 2012, ch. 19, sec. 2, p. 40.]