The county prosecuting attorney has exclusive jurisdiction to prosecute juveniles under the provisions of the Juvenile Corrections Act. Some offenses fall under the Juvenile Corrections Act, while others do not. The most common offenses not covered by the Act are traffic, alcohol and tobacco, and fish and game violations. These are proceeded upon by way of citation. The specific statute addressing whether offenses fall within or outside the Juvenile Corrections Act is Idaho Code Section 20-505.
Juveniles can be waived out of the juvenile system and prosecuted within the adult system for certain violent offenses or upon an order of the presiding magistrate declaring that the juvenile cannot be appropriately rehabilitated in the juvenile justice system. The provisions for waiver are found in Idaho Code Sections 20-508 and 20-509.
Juveniles are charged with offenses based on the same statutes applicable to adults. If the offense falls under the Juvenile Corrections Act, they are not considered crimes but are designated as "acts which would be crimes if committed by an adult." Offenses which do not fall under the Act are considered criminal offenses.
Proceedings falling under the Juvenile Corrections Act are governed by the procedures set out in the act.
Proceedings that fall outside the act are treated under the usual criminal procedures discussed other places on this web site.
Court rules governing juvenile proceedings are adopted by the Idaho Supreme Court and are located in Idaho Juvenile Rules.
The prosecutor's office works in conjunction with the following agencies in the discharge of their responsibilities:
Nez Perce County Justice Services Juvenile Probation Department
Idaho Department of Juvenile Corrections