SF 2279 (LSB 6127XS (4) 88)

SENATE FILE 2279

BY  RAGAN

A BILL FOR

An Act relating to the placement of a child in detention and the juvenile detention home fund, and making appropriations. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.22, subsection 5, paragraph a, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  The facility serves a geographic area outside a standard metropolitan statistical area as determined by the United States census bureau office of management and budget.
    Sec. 2.  Section 232.22, subsection 7, Code 2020, is amended to read as follows:
   7.  a.  If the court has waived its jurisdiction over the child for the alleged commission of a forcible felony offense pursuant to section 232.45 or 232.45A a child age sixteen years or older is excluded from the jurisdiction of the juvenile court pursuant to section 232.8, subsection 1, paragraph “c”, who is awaiting trial or other legal process, and for whom there is a serious risk that the child may commit an act which would inflict serious bodily harm on another person, the child may be held in the county jail, notwithstanding section 356.3. However, wherever possible the child shall be held in sight and sound separation from adult offenders. A child held in the county jail under this subsection shall have all the rights of adult postarrest or pretrial detainees.  A child shall not be detained in any facility intended for the detention of adults unless the court determines that after a hearing and issuing written findings, such detention is in the best interest of the child and the community. In determining whether it is in the best interest of the child and the community to permit a child to be detained in a facility intended for the detention of adults, the court shall consider all of the following:
   (1)  The age of the child, including the child’s physical and mental maturity.
   (2)  The present mental state of the child, including whether the child presents an imminent risk of harm to the child’s self.
   (3)  The nature and circumstances of the alleged offense.
   (4)  The child’s history of prior delinquent acts.
   (5)  The relative ability of available adult and juvenile detention facilities to not only meet the specific needs of the child but also to protect the safety of the public as well as other detained children.
   (6)  Any other relevant factor.
   b.  If a court determines pursuant to paragraph “a” that it is in the best interest of the child and the community to permit a child to be detained in a facility intended for the detention of adults, the following conditions shall apply:
   (1)  The child shall not have sight or sound contact with adult inmates.
   (2)  The court shall hold a hearing, not less than once every thirty days, or in the case of a rural, nonmetropolitan jurisdiction as determined by the United States office of management and budget, not less than once every forty-five days, to review whether it is still in the best interest of the child and the community to permit a child to be detained in a facility intended for the detention of adults.
   (3)  The child shall not be detained in a facility intended for the detention of adults for more than one hundred eighty days unless the court, in writing, determines there is good cause for an extension or the child expressly waives this limitation.
   (4)  A child held in a county jail in a facility intended for the detention of adults under this subsection shall have all the rights of adult postarrest or pretrial detainees.
    Sec. 3.  Section 232.142, subsections 3 and 6, Code 2020, are amended to read as follows:
   3.  A county or multicounty juvenile detention home approved pursuant to this section shall receive financial aid from the state in a manner approved by the director of the department of human rights. Aid paid by the state shall be at least ten percent and not more than fifty percent of the total cost of the establishment, improvements, operation, and maintenance of the home.
   6.  A juvenile detention home fund is created in the state treasury under the authority of the criminal and juvenile justice planning division of the department of human rights. The fund shall consist of moneys deposited in the fund pursuant to sections 321.218A and 321A.32A. The moneys in the fund shall be used for the costs of the establishment, improvement, operation, and maintenance of county or multicounty juvenile detention homes in accordance with annual appropriations made by the general assembly from the fund for these purposes.
    Sec. 4.  JUVENILE DETENTION HOME FUND —— TRANSFER OF ADMINISTRATION.  Moneys deposited in the juvenile detention home fund created in section 232.142 during the fiscal year beginning July 1, 2020, and ending June 30, 2021, are appropriated to the criminal and juvenile justice planning division of the department of human rights for the fiscal year beginning July 1, 2020, and ending June 30, 2021, for distribution as follows:
   1.  One hundred thousand dollars to each eligible county or multicounty juvenile detention home.
   2.  Any remaining funds shall be distributed in an amount equal to a percentage of the costs of the establishment, improvement, operation, and maintenance of county or multicounty juvenile detention homes in the fiscal year beginning July 1, 2019. Moneys appropriated for distribution in accordance with this section shall be allocated among eligible juvenile detention homes, prorated on the basis of an eligible juvenile detention home’s proportion of the costs of all eligible detention homes in the fiscal year beginning July 1, 2019. The percentage figure shall be determined by the department based on the amount available for distribution for the fund. Notwithstanding section 232.142, subsection 3, the financial aid payable by the state under that provision for the fiscal year beginning July 1, 2020, shall be limited to the amount appropriated for the purposes of this section.
    Sec. 5.  CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION —— DEPARTMENT OF HUMAN RIGHTS —— APPROPRIATION.  There is appropriated from the general fund of the state to the criminal and juvenile justice planning division of the department of human rights for the fiscal year beginning July 1, 2020, and ending June 30, 2021, the following amount, or so much thereof as is necessary, to be used for the purpose designated:
   For the management and administration of the juvenile detention home fund created in section 232.142:
   ...................................................................... $     20,000
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the placement of a child (person under the age of 18) in detention and the juvenile detention home fund, and makes appropriations.
   The bill provides that if the court has waived its jurisdiction over a child pursuant to Code section 232.45 or a child age 16 or older is excluded from the jurisdiction of the juvenile court for offenses that involve the manufacture, delivery, or possession of controlled substances while in the immediate possession or control of a firearm or offensive weapon; gang activity involving firearms or offensive weapons; felonious possession of an offensive weapon; or any forcible felony, and who is awaiting trial or other legal process, and there is a serious risk that the child may commit an act which would inflict serious bodily harm on another person, the child may be held in the county jail. However, wherever possible, the child shall be held in sight and sound separation from adult offenders. A child shall not be detained in any facility intended for the detention of adults unless the court determines that after a hearing and issuing written findings it is in the best interest of the child and the community. The court shall consider the age of the child, including the child’s physical and mental maturity; the present mental state of the child, including whether the child presents an imminent risk of harm to the child’s self; the nature and circumstances of the alleged offense; the child’s history of prior delinquent acts; the relative ability of available adult and juvenile detention facilities to not only meet the specific needs of the child but also to protect the safety of the public as well as other detained children; and any other relevant factor.
   The bill provides that if a court determines that it is in the best interest of the child and the community to permit a child to be detained in a facility intended for the detention of adults, the following conditions shall apply: the child shall not have sight or sound contact with adult inmates; the court shall hold a hearing not less than once every 30 days, or in the case of a rural, nonmetropolitan jurisdiction, not less than once every 45 days, to review whether it is still in the best interest of the child and the community to permit a child to be detained in a facility intended for the detention of adults; the child shall not be detained in a facility intended for the detention of adults for more than 180 days unless the court, in writing, determines there is good cause for an extension or the child expressly waives this limitation; and a child held in a county jail in a facility intended for the detention of adults shall have all the rights of adult postarrest or pretrial detainees. 
   The bill transfers the management and administration of the juvenile detention home fund created in Code section 232.142 from the department of human services to the criminal and juvenile justice planning division of the department of human rights, and provides that a juvenile detention home shall receive financial aid from the state in a manner approved by the director of the department of human rights.
   The bill appropriates moneys from the general fund of the state for fiscal year 2020-2021 to the criminal and juvenile justice planning division of the department of human rights for the management and administration of the juvenile detention home fund.