Safe Harbor Provisions

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 86 HUMAN TRAFFICKING 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.