Idaho § 20-511 DIVERSION

Idaho Statutes

§ 20-511 — DIVERSION

Idaho § 20-511

Title 20STATE PRISON AND COUNTY JAILS

Ch. 5JUVENILE CORRECTIONS ACT

This text of Idaho § 20-511 (DIVERSION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 20-511 (2026).

Text

(1)Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursua

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(1) Prior to the filing of any petition under this act, the prosecuting attorney may use the diversion process and refer the case directly to the county probation officer or a community-based diversion program for informal supervision and counseling. The prosecuting attorney may request a preliminary inquiry from the county probation officer, aided by use of a validated screening tool, to determine whether the interest of the public or the juvenile requires a formal court proceeding rather than diversion. If the diversion process is utilized pursuant to this subsection, then statements made by a juvenile in a diversion proceeding shall be inadmissible at an adjudicative proceeding on the underlying charge as substantive evidence of guilt. If community service is going to be utilized pursuant to this subsection, the prosecuting attorney shall collect a fee of sixty cents (60¢) per hour for each hour of community service work the juvenile is going to perform and remit the fee to the state insurance fund for the purpose of securing worker’s compensation insurance for the juvenile offender performing community service. However, if a county is self-insured and provides worker’s compensation insurance for persons performing community service pursuant to the provisions of this chapter, then remittance to the state insurance fund is not required.
(2) Information uniquely identifying the juvenile offender, the offense, and the type of program utilized shall be forwarded to the department. This information shall be maintained by the department in a statewide juvenile offender information system. Access to the information shall be controlled by the department, subject to the provisions of section 74-113, Idaho Code.

Legislative History

[(20-511) 16-1807A, added 1984, ch. 81, sec. 7, p. 152; am. 1994, ch. 233, sec. 3, p. 727; am. and redesig. 1995, ch. 44, sec. 12, p. 80; am. 1996, ch. 260, sec. 1, p. 856; am. 2009, ch. 154, sec. 1, p. 449; am. 2012, ch. 19, sec. 10, p. 49; am. 2013, ch. 222, sec. 1, p. 522; am. 2014, ch. 345, sec. 1, p. 865; am. 2015, ch. 141, sec. 24, p. 404; am. 2016, ch. 51, sec. 1, p. 147; am. 2022, ch. 20, sec. 1, p. 41.]