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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1259
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
JUVENILE
CORRECTIONS;
AMENDING
SECTION
20
-
516,
IDAHO
CODE,
TO
2
AUTHORIZE
JUVENILE
PROBATION
OFFICERS
TO
ARREST
A
JUVENILE
PROBATIONER
3
WITHOUT
A
WARRANT
FOR
PROBATION
VIOLATIONS
IN
CERTAIN
INSTANCES
AND
TO
4
MAKE
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
5
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
20
-
516,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
20
-
516.
APPREHENSION
AND
RELEASE
OF
JUVENILES
-
-
DETENTION.
(1)
A
10
peace
officer
may
take
a
juvenile
into
custody,
or
a
private
citizen
may
1
1
detain
a
juvenile
until
the
juvenile
can
be
delivered
forthwith
into
the
12
custody
of
a
peace
officer,
without
order
of
the
court:
13
(a)
When
he
has
reasonable
cause
to
believe
that
the
juvenile
has
com
-
14
mitted
an
act
that
would
be
a
misdemeanor
or
felony
if
committed
by
an
15
adult;
or
16
(b)
When
in
the
presence
of
a
peace
officer
or
private
citizen
the
ju
-
17
venile
has
violated
any
local,
state
,
or
federal
law
or
municipal
ordi
-
18
nance;
or
19
(c)
When
there
are
reasonable
grounds
to
believe
the
juvenile
has
com
-
20
mitted
a
status
offense.
Status
offenses
are
truancy,
running
away
from
21
or
being
beyond
the
control
of
parents,
guardian,
or
legal
custodian,
22
alcohol
age
violations
under
pursuant
to
section
18
-
1502(e),
Idaho
23
Code,
and
curfew
violations.
Status
offenders
shall
not
be
placed
in
24
any
jail
facility,
including
juvenile
detention
centers,
but
instead
25
may
be
placed
in
juvenile
shelter
care
facilities,
except
in
the
case
26
of
runaways,
when
there
is
a
specific
detention
request
from
a
foreign
27
jurisdiction
to
hold
the
juvenile
pending
transportation
arrangements,
28
and
a
peace
officer
may,
in
his
discretion,
notify
the
parent,
guardian
,
29
or
legal
custodian.
In
the
event
of
an
alcohol
age
infraction
under
30
pursuant
to
section
18
-
1502(e),
Idaho
Code,
the
status
offense
under
31
this
section
shall
be
in
addition
to
the
infraction.
32
(2)
A
peace
officer
may
take
a
juvenile
into
custody
upon
a
written
or
-
33
der
or
warrant
signed
by
a
judge.
The
judge
may
issue
the
order
or
warrant
af
-
34
ter
finding
that
there
is
reasonable
cause
to
believe
that
the
juvenile
comes
35
within
the
purview
of
this
chapter.
Such
taking
into
custody
shall
not
be
36
deemed
an
arrest.
Jurisdiction
of
the
court
shall
attach
from
the
time
the
37
juvenile
is
taken
into
custody.
When
an
officer
takes
a
juvenile
into
cus
-
38
tody,
he
shall
notify
the
parent,
guardian
,
or
custodian
of
the
juvenile
as
39
soon
as
possible.
Unless
otherwise
ordered
by
the
court,
or
unless
it
ap
-
40
pears
to
the
officer
taking
the
juvenile
into
custody
that
it
is
contrary
to
41
the
welfare
of
society
or
the
juvenile,
such
juvenile
shall
be
released
to
42
2
the
custody
of
his
parent
or
other
responsible
adult
upon
written
promise,
1
signed
by
such
person,
to
bring
the
juvenile
to
the
court
at
a
stated
time.
2
Such
written
promise
shall
be
submitted
to
the
court
as
soon
as
possible.
If
3
such
person
fails
to
produce
the
juvenile
as
agreed,
or
upon
notice
from
the
4
court,
a
summons
for
such
person
may
be
issued
by
the
court
and
a
warrant
may
5
be
issued
for
apprehension
of
the
juvenile.
6
(3)
In
counties
where
there
are
juvenile
probation
officers,
such
of
-
7
ficers
shall
have
the
same
authority
exercised
by
misdemeanor
probation
8
officers
pursuant
to
section
20
-
227(5),
Idaho
Code,
to
arrest
a
juvenile
9
probationer
without
a
warrant
for
violations
of
juvenile
probation
occur
-
10
ring
in
the
officer's
presence.
A
juvenile
probation
officer
may
execute
1
1
any
court
-
issued
warrant,
probation
violation
warrant,
or
other
order
of
12
the
court
directing
that
a
juvenile
probationer
be
taken
into
custody
for
an
13
alleged
or
adjudicated
violation
of
probation.
For
juvenile
probationers
14
taken
into
custody
pursuant
to
this
or
any
other
applicable
section
of
Idaho
15
Code,
a
juvenile
probation
officer
may
transport
the
juvenile
probationer
to
16
or
between
courts,
detention
facilities,
treatment
programs,
placements,
or
17
counties,
as
authorized
by
the
court.
The
authority
granted
pursuant
to
the
18
provisions
of
this
subsection
shall
be
limited
to
enforcement
of
existing
19
probation
conditions
and
juveniles
who
are
subject
to
such
orders
and
condi
-
20
tions
of
probation.
21
(3)
(4)
A
juvenile
taken
into
custody
may
be
fingerprinted
and
pho
-
22
tographed.
Any
fingerprints
and
photographs
taken
shall
be
forwarded
as
23
provided
in
subsection
(8)
(9)
of
this
section.
If
the
court
finds
good
24
cause,
it
may
order
any
fingerprints
and
photographs
expunged.
25
(4)
(5)
When
a
juvenile
is
not
released,
he
the
juvenile
shall
be
taken
26
forthwith
to
the
court
or
place
of
detention
specified
by
the
court.
The
ju
-
27
venile
shall,
not
later
than
twenty
-
four
(24)
hours,
excluding
Saturdays,
28
Sundays
,
and
holidays,
be
brought
before
the
court
for
a
detention
hearing
29
to
determine
where
the
juvenile
will
be
placed
until
the
next
hearing.
Sta
-
30
tus
offenders
shall
not
be
placed
in
any
jail
facility,
including
juvenile
31
detention
centers,
but
instead
may
be
placed
in
juvenile
shelter
care
facil
-
32
ities.
Placements
may
include
but
are
not
limited
to
the
following:
33
(a)
Parents
of
the
juvenile;
34
(b)
Relatives
of
the
juvenile;
35
(c)
Foster
care;
36
(d)
Group
care;
37
(e)
A
juvenile
detention
center,
except
in
the
case
of
a
status
of
-
38
fender;
or
39
(f)
Diversion
programs.
40
(5)
(6)
The
person
in
charge
of
a
detention
center
shall
give
immediate
41
notice
to
the
court
that
the
juvenile
is
in
his
custody.
42
(6)
(7)
No
juvenile
shall
be
held
in
detention
longer
than
twenty
-
four
43
(24)
hours,
excluding
Saturdays,
Sundays
,
and
holidays,
unless
a
petition
44
has
been
filed
and
the
court
has
signed
the
detention
order.
45
(7)
(8)
As
soon
as
a
juvenile
is
detained
by
court
order,
his
the
juve
-
46
nile's
parents,
guardian
,
or
legal
custodian
shall
be
informed
by
notice
in
47
writing
,
on
forms
prescribed
by
the
court
,
that
they
the
juvenile
may
have
a
48
prompt
hearing
regarding
release
or
detention.
49
3
(8)
(9)
A
juvenile
taken
into
detention
for
an
offense
shall
be
finger
-
1
printed
and
photographed.
Fingerprints
and
photographs
taken
of
juveniles
2
shall
be
forwarded
to
the
appropriate
law
enforcement
agency
and
filed
with
3
the
bureau
of
criminal
identification
of
the
Idaho
state
police,
which
shall
4
create
a
juvenile
offender
fingerprint
file
and
enter
the
fingerprint
data
5
into
the
automated
fingerprint
identification
system.
If
the
court
finds
6
good
cause,
it
may
order
the
fingerprints
and
photographs
of
the
juvenile
of
-
7
fender
expunged.
8
(9)
(10)
Peace
officers'
records
of
juveniles
shall
be
kept
separate
9
from
records
of
adults
and
shall
be
subject
to
disclosure
according
to
chap
-
10
ter
1,
title
74,
Idaho
Code.
1
1
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
12
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
13
July
1,
2026.
14