HF 86 (LSB 1441YH (1) 90)

HOUSE FILE 86

BY  CROKEN

A BILL FOR

An Act relating to the jurisdiction of the juvenile court and juvenile pre-charge diversion programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216A.136, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.  Juvenile pre-charge juvenile diversion program data maintained under section 232.14.
    Sec. 2.  Section 232.2, subsection 5, Code 2023, is amended to read as follows:
   5.  “Child” means a person under eighteen years of age.  For the purposes of this subchapter and subchapter II, “child” also means a person under twenty-one years of age who is alleged to have committed an offense for which the juvenile court has exclusive original jurisdiction if the proceedings related to that offense began prior to the person attaining eighteen years of age.
    Sec. 3.  Section 232.2, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  20A.  “Division” means the department of human rights division of criminal and juvenile justice planning.
   NEW SUBSECTION.  37A.  “Juvenile pre-charge diversion program” means a program certified by the division pursuant to section 232.14 to coordinate services for a child who is alleged to have committed an offense that, if committed by an adult, would constitute a simple misdemeanor for the purpose of diverting the child from the jurisdiction of juvenile court.
    Sec. 4.  Section 232.8, subsection 1, paragraph c, Code 2023, is amended by striking the paragraph and inserting in lieu thereof the following:
   c.  (1)  The juvenile court shall retain jurisdiction in proceedings concerning all of the following:
   (a)  A child if the alleged offense that, if committed by an adult, would constitute a misdemeanor.
   (b)  A person whose case was transferred to the jurisdiction of the juvenile court pursuant to an order under section 803.5.
   (c)  A child under the age of seventeen who allegedly committed an offense of animal torture as provided in section 717B.3A.
   (2)  Juvenile court jurisdiction of a child who is alleged to have committed an offense that, if committed by an adult, would constitute a felony shall be subject to section 232.45. 
    Sec. 5.  NEW SECTION.  232.14  Juvenile pre-charge diversion programs.
   1.  The division shall certify juvenile pre-charge diversion programs that offer rehabilitative services to a child who could be subject to the jurisdiction of the juvenile court.
   2.  To be eligible for participation in a certified juvenile pre-charge diversion program, a child must have allegedly committed an offense that, if committed by an adult, would constitute a simple misdemeanor and must not have been referred to a juvenile pre-charge diversion program within the twelve months prior to the date of the alleged offense.
   3.  The division shall determine by rule minimum standards for juvenile pre-charge diversion programs which shall require that a juvenile pre-charge diversion program be a short-term, community-based program that focuses on skill building and restorative justice principles. The division shall designate the types of activities that a juvenile pre-charge diversion program may include to meet minimum standards.
   4.  The department shall determine minimum requirements for a juvenile pre-charge diversion program participant’s completion of a juvenile pre-charge diversion program. 
   5.  Juvenile pre-charge diversion programs shall collect data on all children who participate in the program and submit the data to the division for recordkeeping, research, and evaluation purposes.
   6.  Prior to filing a complaint pursuant to section 232.28 against a child who meets the requirements to participate in a juvenile pre-charge diversion program, a peace officer or law enforcement agency shall determine whether a juvenile pre-charge diversion program certified pursuant to subsection 1 exists within the jurisdiction of the peace officer or law enforcement agency. If the peace officer or law enforcement agency determines a juvenile pre-charge diversion program is available for a child, the peace officer or law enforcement agency shall refer the child to the juvenile pre-charge diversion program instead of filing a complaint against the child.
   7.  The department shall adopt rules for the implementation of this section.
    Sec. 6.  Section 232.22, subsection 7, paragraph a, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   If the juvenile court has waived its jurisdiction over the child pursuant to section 232.45 or 232.45A or the child is excluded from the jurisdiction of the juvenile court pursuant to section 232.8, subsection 1, paragraph “c”, and the child is awaiting trial or other legal process, the child shall not be detained in any facility intended for the detention of adults unless the district court determines that after a hearing and issuing written findings, that 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:
    Sec. 7.  Section 232.45, subsection 1, Code 2023, is amended to read as follows:
   1.  After Subject to section 232.8, subsection 1, paragraph “c”, subparagraph (1), after the filing of a petition which alleges that a child has committed a delinquent act on the basis of an alleged commission of a public offense that, if committed by an adult, would constitute a felony and before an adjudicatory hearing on the merits of the petition is held, the county attorney or the child may file a motion requesting the court to waive its jurisdiction over the child for the alleged commission of the public offense delinquent act or for the purpose of prosecution of the child as an adult or a youthful offender. If the county attorney and the child agree, a motion for waiver for the purpose of being prosecuted as a youthful offender may be heard by the district court as part of the proceedings under section 907.3A, or by the juvenile court as provided in this section. If the motion for waiver for the purpose of being prosecuted as a youthful offender is made as a result of a conditional agreement between the county attorney and the child, the conditions of the agreement shall be disclosed to the court in the same manner as provided in 
rules of criminal procedure 2.8
 and 
2.10
.
    Sec. 8.  Section 232.45, subsection 6, paragraph b, Code 2023, is amended to read as follows:
   b.  The court determines, or has previously determined in a detention hearing under section 232.44, that there is probable cause to believe that the child has committed a delinquent act which that, if committed by an adult, would constitute the public offense a felony.
    Sec. 9.  Section 232.45, subsection 7, paragraph a, subparagraph (2), Code 2023, is amended by striking the subparagraph.
    Sec. 10.  Section 232.149, subsection 3, Code 2023, is amended by striking the subsection.
    Sec. 11.  Section 803.6, Code 2023, is amended by striking the section.
    Sec. 12.  DEPARTMENT OF HUMAN RIGHTS —— JUVENILE PROBATION —— TECHNICAL VIOLATIONS —— STUDY COMMITTEE.  The department of human rights shall convene a study committee to meet during the 2023 legislative interim to examine alternatives to placing juveniles in detention for probation or technical violations including community-based and residential rehabilitation alternatives for moderate and high-risk juvenile offenders. The membership of the committee shall, at a minimum, consist of a representative from the division of criminal and juvenile justice planning of the department of human rights, the department of justice, and a member of the judicial branch. The department shall submit a report of the study committee detailing the committee’s findings and recommendations to the general assembly and the governor no later than December 15, 2023.
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 jurisdiction of the juvenile court and juvenile pre-charge diversion programs.
   The bill defines “child” for the purposes of Code chapter 232 (juvenile justice), subchapters I (construction and definitions) and II (juvenile delinquency proceedings), as a person under 21 years of age who is alleged to have committed an offense for which the juvenile court has exclusive original jurisdiction if the proceedings related to that offense began prior to the person attaining 18 years of age.
   The bill defines “division” as the department of human rights division of criminal and juvenile justice planning (CJJP).
   The bill defines “juvenile pre-charge diversion program” as a program certified by CJJP to coordinate services for a child who is alleged to have committed an offense that, if committed by an adult, would constitute a simple misdemeanor for the purpose of diverting the child from juvenile court proceedings.
   The bill provides that the juvenile court shall retain jurisdiction in proceedings concerning a child if the alleged offense would constitute a misdemeanor if committed by an adult, if the child’s case was transferred to the jurisdiction of the juvenile court from a district court because the child allegedly committed the offense prior to reaching 18 years of age, and in a proceeding concerning an offense of animal torture alleged to have been committed by a child under 17 years of age. Juvenile court jurisdiction of a child who allegedly commits an offense that, if committed by an adult, would constitute a felony may be waived upon a juvenile court making certain findings pursuant to a hearing held on a motion by a county attorney or the person.
   JUVENILE PRE-CHARGE DIVERSION PROGRAMS. The bill provides that CJJP shall certify juvenile pre-charge diversion programs that offer rehabilitative services to a child who could be subject to the jurisdiction of the juvenile court for the purpose of diverting the child from a formal adjudication in juvenile court. To be eligible for participation in a certified juvenile pre-charge diversion program, the child must have allegedly committed an offense that, if committed by an adult, would constitute a simple misdemeanor and must not have been referred to a juvenile pre-charge diversion program within the 12 months prior to the date of the alleged offense.
   The bill requires CJJP to determine by rule minimum standards for juvenile pre-charge diversion programs. Minimum standards shall require that a juvenile pre-charge diversion program be a short-term, community-based program that focuses on skill building and restorative justice principles, and CJJP shall designate the types of activities that a juvenile pre-charge diversion program may include to meet minimum standards. The bill requires CJJP to determine minimum requirements for a juvenile pre-charge diversion program participant’s completion of a juvenile pre-charge diversion program and requires CJJP to adopt rules for the implementation of certified juvenile pre-charge diversion programs.
   The bill requires a juvenile court to make a finding that there is probable cause to believe that a child has committed a delinquent act that, if committed by an adult, would constitute a felony before the court is allowed to waive its jurisdiction over the child to allow the child to be tried as an adult. Under current law, the juvenile court is only required to find there is probable cause to believe the child has committed a delinquent act before the court is allowed to waive its jurisdiction to allow the child to be tried as an adult.
   The bill directs the department of human rights to convene a study committee during the 2023 legislative interim to examine alternatives to placing juveniles in detention for probation or technical violations. The committee’s examination shall include but not be limited to community-based and residential rehabilitation alternatives for moderate and high-risk juvenile offenders. The bill requires committee membership to consist of, at a minimum, a representative from CJJP, the department of justice, and a member of the judicial branch. The bill requires the department of human rights to submit a report of the study committee detailing the committee’s findings and recommendations to the general assembly and the governor no later than December 15, 2023.
   The bill makes conforming Code changes to Code sections 232.22 (placement in detention), 232.45 (waiver hearing and waiver of jurisdiction), 232.149 (records of criminal or juvenile agencies), and 803.6 (transfer of jurisdiction —— juvenile).