Current through the 2024 Regular Session
Section 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.[18-8606, added 2019 , ch. 257, sec. 1 , p. 767.]Amended by 2024 Session Laws, ch. 147,sec. 27, eff. 7/1/2024.Added by 2019 Session Laws, ch. 257, sec. 1, eff. 7/1/2019.