Idaho Code § 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.