Waiver of counsel, 2014

A juvenile may waive his or her right to counsel as long as the court is satisfied that it was intelligently made and the that the best interest of the juvenile does not require the appointment of counsel.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Idaho, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the local level (county/judicial district)

(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

Idaho indigency law is governed by both juvenile statute and juvenile court rule, which provide a determination of indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile. Specialized juvenile training available or required.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

Restricted by judiciary

In Idaho, State v. Doe, 333 P.3d 858 (2014) held that juveniles be afforded the same rights as adults to be free from physical restraints at a juvenile evidentiary hearing [adjudication hearing] absent a finding of necessity on a case-by-case basis.

Sex offender registration, 2015

Registers

Competency, 2015

Idaho has juvenile competency statutes which align with the Dusky standard. Procedures include hearing requirements for court-appointed evaluators, timelines, and elements the report must contain to assist with the decision. Examiners are to follow their respective professional guidelines for similar reports, and non-appointed examinations meeting criteria are expressly permitted. Additional requirements exist when developmental disabilities are suspected. Involuntary treatment can be ordered for 180 additional days if the report concludes ‘there is a substantial probability that the defendant will be fit to proceed in the foreseeable future.’

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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