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:
- The crime is a crime
of violence.
- The crime could
reasonably have resulted in serious bodily injury or
death to others.
- 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.
- 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.
- 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.
- Is documented to have
left, without permission, a court-ordered out-of-home
placement.
- Is documented to have
been adjudicated on 2 or more delinquencies within the
past 12 months.
- 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:
- The crime involved
physical injury to another person.
- 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.
- The crime is an
assault or battery of a sexual nature.
- 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.
- 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.
- 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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