Diversion.
(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.
Notes of Decisions
State v. John Doe (2012-09), 288 P.3d 805 (Idaho 2012).
· cites it 26× “Idaho Code § 20-511 addresses informal adjustment and does not grant the trial court endless discretion to determine when informal adjustment may be ordered, as Rule 11 could be interpreted to do.”
Crawford v. Dep't of Corr., 991 P.2d 358 (Idaho 1999).
· cites it 2× “Idaho Code section 72-102(5) defines a community service worker as follows: [A]ny person who has been convicted of a criminal offense, any juvenile who has been found to be within the purview of chapter 5, title 20, Idaho Code, and who has been informally diverted under the…”
State v. Jane Doe (2024-29) (Idaho 2026).
· cites it 2× “The officer concluded the report by recommending that the 2 magistrate court order an informal adjustment of the petition, dismiss the petition pursuant to Idaho Code section 20-511 upon payment of a $20 petition fee, and order Doe to engage in mediation with the victim’s family…”
— Idaho Code § 20-511(2) — 1 case
State v. John Doe (2012-09), 288 P.3d 805 (Idaho 2012).
“Idaho Code § 20-511 addresses informal adjustment and does not grant the trial court endless discretion to determine when informal adjustment may be ordered, as Rule 11 could be interpreted to do.”
— Idaho Code § 20-511(2)(a) — 1 case
State v. John Doe (2012-09), 288 P.3d 805 (Idaho 2012).
“Idaho Code § 20-511 addresses informal adjustment and does not grant the trial court endless discretion to determine when informal adjustment may be ordered, as Rule 11 could be interpreted to do.”
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