Administrative Order 92-1: Standards for the Detention of Juveniles Prior to a Detention Hearing

It is hereby ordered that the following standards shall govern the decision of Intake Officials throughout the Third Judicial District as to whether a child should be placed in secure detention prior to being brought before the court pursuant to section 16-1811(2), Idaho Code, and Rule 17(b), Idaho Juvenile Rules.

Mandatory Release. The Intake Official shall release the child unless the child:

a. is charged with a crime which would be a felony if committed by an adult and 1 or more of the following circumstances is present:

  1. The crime is a crime of violence.
  2. The crime could reasonably have resulted in serious bodily injury or death to others.
  3. The crime demonstrates that the child has exhibited such a willful disregard for the property rights of others that release of the child would, more likely than not, constitute a substantial risk to the community.
  4. The child is a chronic offender and that the release of the child could, more likely than not, constitute a substantial risk to the community.
  5. Is documented to have had judicial sanctions taken against the child for the child's failing to appear for a court hearing within the previous 12 months.
  6. Is documented to have left, without permission, a court-ordered out-of-home placement.
  7. Is documented to have been adjudicated on 2 or more delinquencies within the past 12 months.
  8. Is documented to currently be on probation for a crime which would be a felony if committed by an adult.

b. or is charged with a crime which would be a misdemeanor if committed by an adult and 1 or more of the following circumstances is present:

  1. The crime involved physical injury to another person.
  2. The crime demonstrates that the child has exhibited such a willful disregard for the property rights of others that release of the child would, more likely than not, constitute a substantial risk to the community.
  3. The crime is an assault or battery of a sexual nature.
  4. The child is a chronic offender and that the release of the child could, more likely than not, constitute a substantial risk to the community.
  5. Is documented to have had judicial sanctions taken against the child for the child's failing to appear for a court hearing within the previous 12 months.
  6. Is documented to have left, without permission, a court-ordered out-of-home placement.

c. or is documented to be a fugitive from another jurisdiction.

d. or is documented to be an escapee or absent without leave from a juvenile institution operated by the State of Idaho or any county in Idaho.

e. or is the subject of a written order signed by a judge directing that the child be taken into custody and placed in detention or be taken into custody pending transfer to another agency.

f. or has violated the conditions of a home detention order or a conditional release from detention.

Dated this 26th day of February, 1992.

Signed by Jim R. Doolittle, Administrative District Judge


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