§ 18-8606 — SAFE HARBOR PROVISIONS

(1) Diversion of minor victim.
(a) When a minor is alleged to have committed any offense not listed in section 18-310 (2), Idaho Code, a prosecutor shall divert the offense if the minor committed the offense as a direct and immediate result of being a victim of conduct prohibited by section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code.
(b) If a minor has an offense diverted pursuant to paragraph (a) of this subsection, the minor shall be placed in a state-licensed residential facility, as defined in section 39-1202, Idaho Code, that provides a comprehensive rehabilitation program with access to:
(i) Comprehensive case management;
(ii) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
(iii) Education and employment training services; and
(iv) Off-site specialized services, as appropriate.
(c) A diversion agreement under this subsection may extend for up to twelve (12) months.
(d) Diversion shall only be available pursuant to this section if the minor expresses a willingness to cooperate and receive specialized services. If the minor is unwilling to cooperate with specialized services, continuation of the diversion shall be at the discretion of the court.
(2) A person charged with any offense not identified in section 18-310 (2), Idaho Code, committed as a direct and immediate result of being a victim of conduct prohibited by section 18-8607, 18-8608, 18-8609, or 18-8610, Idaho Code, may assert an affirmative defense that the person is a victim of such conduct.

Legislative History

[18-8606, added 2019, ch. 257, sec. 1, p. 767; am. 2024, ch. 147, sec. 27, p. 567.]