S.F. 2279 Section 1. Section 232.22, subsection 5, paragraph a, 1 subparagraph (1), Code 2020, is amended to read as follows: 2 (1) The facility serves a geographic area outside a standard 3 metropolitan statistical area as determined by the United 4 States census bureau office of management and budget . 5 Sec. 2. Section 232.22, subsection 7, Code 2020, is amended 6 to read as follows: 7 7. a. If the court has waived its jurisdiction over the 8 child for the alleged commission of a forcible felony offense 9 pursuant to section 232.45 or 232.45A a child age sixteen years 10 or older is excluded from the jurisdiction of the juvenile 11 court pursuant to section 232.8, subsection 1, paragraph “c” , 12 who is awaiting trial or other legal process , and for whom 13 there is a serious risk that the child may commit an act which 14 would inflict serious bodily harm on another person, the child 15 may be held in the county jail, notwithstanding section 356.3 . 16 However, wherever possible the child shall be held in sight and 17 sound separation from adult offenders. A child held in the 18 county jail under this subsection shall have all the rights of 19 adult postarrest or pretrial detainees. A child shall not be 20 detained in any facility intended for the detention of adults 21 unless the court determines that after a hearing and issuing 22 written findings, such detention is in the best interest of the 23 child and the community. In determining whether it is in the 24 best interest of the child and the community to permit a child 25 to be detained in a facility intended for the detention of 26 adults, the court shall consider all of the following: 27 (1) The age of the child, including the child’s physical and 28 mental maturity. 29 (2) The present mental state of the child, including whether 30 the child presents an imminent risk of harm to the child’s 31 self. 32 (3) The nature and circumstances of the alleged offense. 33 (4) The child’s history of prior delinquent acts. 34 (5) The relative ability of available adult and juvenile 35 -1- LSB 6127XS (4) 88 as/rh 1/ 5

S.F. 2279 detention facilities to not only meet the specific needs of the 1 child but also to protect the safety of the public as well as 2 other detained children. 3 (6) Any other relevant factor. 4 b. If a court determines pursuant to paragraph “a” that 5 it is in the best interest of the child and the community to 6 permit a child to be detained in a facility intended for the 7 detention of adults, the following conditions shall apply: 8 (1) The child shall not have sight or sound contact with 9 adult inmates. 10 (2) The court shall hold a hearing, not less than once 11 every thirty days, or in the case of a rural, nonmetropolitan 12 jurisdiction as determined by the United States office of 13 management and budget, not less than once every forty-five 14 days, to review whether it is still in the best interest of the 15 child and the community to permit a child to be detained in a 16 facility intended for the detention of adults. 17 (3) The child shall not be detained in a facility intended 18 for the detention of adults for more than one hundred eighty 19 days unless the court, in writing, determines there is good 20 cause for an extension or the child expressly waives this 21 limitation. 22 (4) A child held in a county jail in a facility intended for 23 the detention of adults under this subsection shall have all 24 the rights of adult postarrest or pretrial detainees. 25 Sec. 3. Section 232.142, subsections 3 and 6, Code 2020, are 26 amended to read as follows: 27 3. A county or multicounty juvenile detention home approved 28 pursuant to this section shall receive financial aid from the 29 state in a manner approved by the director of the department 30 of human rights . Aid paid by the state shall be at least ten 31 percent and not more than fifty percent of the total cost of 32 the establishment, improvements, operation, and maintenance of 33 the home. 34 6. A juvenile detention home fund is created in the state 35 -2- LSB 6127XS (4) 88 as/rh 2/ 5

S.F. 2279 treasury under the authority of the criminal and juvenile 1 justice planning division of the department of human rights . 2 The fund shall consist of moneys deposited in the fund pursuant 3 to sections 321.218A and 321A.32A . The moneys in the fund 4 shall be used for the costs of the establishment, improvement, 5 operation, and maintenance of county or multicounty juvenile 6 detention homes in accordance with annual appropriations made 7 by the general assembly from the fund for these purposes. 8 Sec. 4. JUVENILE DETENTION HOME FUND —— TRANSFER OF 9 ADMINISTRATION. Moneys deposited in the juvenile detention 10 home fund created in section 232.142 during the fiscal 11 year beginning July 1, 2020, and ending June 30, 2021, are 12 appropriated to the criminal and juvenile justice planning 13 division of the department of human rights for the fiscal 14 year beginning July 1, 2020, and ending June 30, 2021, for 15 distribution as follows: 16 1. One hundred thousand dollars to each eligible county or 17 multicounty juvenile detention home. 18 2. Any remaining funds shall be distributed in an amount 19 equal to a percentage of the costs of the establishment, 20 improvement, operation, and maintenance of county or 21 multicounty juvenile detention homes in the fiscal year 22 beginning July 1, 2019. Moneys appropriated for distribution 23 in accordance with this section shall be allocated among 24 eligible juvenile detention homes, prorated on the basis of 25 an eligible juvenile detention home’s proportion of the costs 26 of all eligible detention homes in the fiscal year beginning 27 July 1, 2019. The percentage figure shall be determined by the 28 department based on the amount available for distribution for 29 the fund. Notwithstanding section 232.142, subsection 3, the 30 financial aid payable by the state under that provision for the 31 fiscal year beginning July 1, 2020, shall be limited to the 32 amount appropriated for the purposes of this section. 33 Sec. 5. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION 34 —— DEPARTMENT OF HUMAN RIGHTS —— APPROPRIATION. There is 35 -3- LSB 6127XS (4) 88 as/rh 3/ 5

S.F. 2279 appropriated from the general fund of the state to the criminal 1 and juvenile justice planning division of the department of 2 human rights for the fiscal year beginning July 1, 2020, and 3 ending June 30, 2021, the following amount, or so much thereof 4 as is necessary, to be used for the purpose designated: 5 For the management and administration of the juvenile 6 detention home fund created in section 232.142: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the placement of a child (person under 12 the age of 18) in detention and the juvenile detention home 13 fund, and makes appropriations. 14 The bill provides that if the court has waived its 15 jurisdiction over a child pursuant to Code section 232.45 or 16 a child age 16 or older is excluded from the jurisdiction of 17 the juvenile court for offenses that involve the manufacture, 18 delivery, or possession of controlled substances while in the 19 immediate possession or control of a firearm or offensive 20 weapon; gang activity involving firearms or offensive weapons; 21 felonious possession of an offensive weapon; or any forcible 22 felony, and who is awaiting trial or other legal process, 23 and there is a serious risk that the child may commit an act 24 which would inflict serious bodily harm on another person, 25 the child may be held in the county jail. However, wherever 26 possible, the child shall be held in sight and sound separation 27 from adult offenders. A child shall not be detained in any 28 facility intended for the detention of adults unless the court 29 determines that after a hearing and issuing written findings 30 it is in the best interest of the child and the community. 31 The court shall consider the age of the child, including the 32 child’s physical and mental maturity; the present mental state 33 of the child, including whether the child presents an imminent 34 risk of harm to the child’s self; the nature and circumstances 35 -4- LSB 6127XS (4) 88 as/rh 4/ 5

S.F. 2279 of the alleged offense; the child’s history of prior delinquent 1 acts; the relative ability of available adult and juvenile 2 detention facilities to not only meet the specific needs of the 3 child but also to protect the safety of the public as well as 4 other detained children; and any other relevant factor. 5 The bill provides that if a court determines that it is in 6 the best interest of the child and the community to permit a 7 child to be detained in a facility intended for the detention 8 of adults, the following conditions shall apply: the child 9 shall not have sight or sound contact with adult inmates; the 10 court shall hold a hearing not less than once every 30 days, 11 or in the case of a rural, nonmetropolitan jurisdiction, not 12 less than once every 45 days, to review whether it is still in 13 the best interest of the child and the community to permit a 14 child to be detained in a facility intended for the detention 15 of adults; the child shall not be detained in a facility 16 intended for the detention of adults for more than 180 days 17 unless the court, in writing, determines there is good cause 18 for an extension or the child expressly waives this limitation; 19 and a child held in a county jail in a facility intended for 20 the detention of adults shall have all the rights of adult 21 postarrest or pretrial detainees. 22 The bill transfers the management and administration of the 23 juvenile detention home fund created in Code section 232.142 24 from the department of human services to the criminal and 25 juvenile justice planning division of the department of human 26 rights, and provides that a juvenile detention home shall 27 receive financial aid from the state in a manner approved by 28 the director of the department of human rights. 29 The bill appropriates moneys from the general fund of the 30 state for fiscal year 2020-2021 to the criminal and juvenile 31 justice planning division of the department of human rights for 32 the management and administration of the juvenile detention 33 home fund. 34 -5- LSB 6127XS (4) 88 as/rh 5/ 5