Idaho Administrative Code
Title IDAPA 05 - Juvenile Corrections, Department of
Rule 05.01.03 - RULES OF THE CUSTODY REVIEW BOARD
Section 05.01.03.300 - BOARD DETERMINATIONS

Universal Citation: ID Admin Code 05.01.03.300

Current through August 31, 2023

01. Board's Determination. The Board's written determination will be given to the Director no later than thirty (30) calendar days after the date the Board receives the last documents or interviews the last witness pertaining to the case. All determinations will be held by the Department in the case management file. (4-6-23)

02. Reconsideration. The Board may reconsider its determination prior to the determination being given to the Director. Only the members who heard the case may discuss or vote on any reconsideration. (4-6-23)

a. Any member of the Board who was present for and heard the case may call for a vote to reconsider the Board's determination by making a request through the Board chair. (4-6-23)

b. The chair will call for a motion to reconsider, and a vote. (4-6-23)

03. Indeterminate Sentence Remains. If the Board determines that extended time in custody is necessary, that determination does not create a determinate sentence of any kind, and the Director retains the authority to release the juvenile at any time deemed appropriate. (4-6-23)

04. Official Record of Hearing/Review. The signed summary minutes are the official record of a hearing or case review and are maintained with records of the Department. (4-6-23)

05. Evaluation of Juvenile Cases. Cases are evaluated on the individual merits of each case. The Board's evaluation of a case and a juvenile's need for extended time in custody are not based upon any predetermined hearing standard, criteria, or precedent. Factors that may be considered by the Board include, but are not limited to: (4-6-23)

a. Seriousness of the crime; (4-6-23)

b. Prior criminal history; (4-6-23)

c. Progress or completion of program, treatment plan, accountability; (4-6-23)

d. Institutional history to include conformance to established rules, involvement in programs and overall behavior; (4-6-23)

e. Evidence of the development of a positive social attitude and the willingness to fulfill the obligations of a good citizen; and (4-6-23)

f. Information regarding physical, psychological, or other conditions. (4-6-23)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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