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Senate Study Bill 29

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.53, Code 1995, is amended to read
  1  2 as follows:
  1  3    232.53  DURATION OF DISPOSITIONAL ORDERS.
  1  4    1.  Any A dispositional order entered by the court pursuant
  1  5 to section 232.52 shall remain in force for an indeterminate
  1  6 period or until the child becomes eighteen twenty-five years
  1  7 of age unless otherwise specified by the court or unless
  1  8 sooner terminated pursuant to the provisions of section
  1  9 232.54.  No A dispositional order made under section 232.52,
  1 10 subsection 2, paragraph "e", shall not remain in force longer
  1 11 than the maximum possible duration of the sentence which may
  1 12 be imposed on an adult for the commission of the act which the
  1 13 child has been found by the court to have committed.
  1 14    2.  All dispositional orders entered prior to the child
  1 15 attaining the age of seventeen years and six months shall
  1 16 automatically terminate when the child becomes eighteen
  1 17 twenty-five years of age.  Dispositional orders entered
  1 18 subsequent to the child attaining the age of seventeen years
  1 19 and six months and prior to the child's eighteenth birthday
  1 20 shall automatically terminate one year after the date of
  1 21 disposition.  In the case of an adult within the jurisdiction
  1 22 of the court under the provisions of section 232.8, subsection
  1 23 1, the dispositional order shall automatically terminate one
  1 24 year after the last date upon which jurisdiction could attach
  1 25 when the adult reaches twenty-five years of age.
  1 26    3.  Notwithstanding section 233A.13, a child committed to
  1 27 the training school subsequent to the child attaining the age
  1 28 of seventeen years and six months and prior to the child's
  1 29 eighteenth birthday A child may be held at the school beyond
  1 30 the child's eighteenth birthday pursuant to subsection 2
  1 31 provided that the training school makes application to and
  1 32 receives permission from the committing court.  This extension
  1 33 shall be for the purpose of completion by the child of a
  1 34 course of instruction established for the child pursuant to
  1 35 section 233A.4 and cannot extend for more than one year beyond
  2  1 the date of disposition.
  2  2    4.  Any person supervising but not having custody of the
  2  3 child pursuant to such an order shall file a written report
  2  4 with the court at least every six months concerning the status
  2  5 and progress of the child.
  2  6    Any agency, facility, institution, or person to whom
  2  7 custody of the child has been transferred pursuant to such
  2  8 order shall file a written report with the court at least
  2  9 every six months concerning the status and progress of the
  2 10 child.
  2 11    Sec. 2.  Section 233A.13, Code 1995, is amended to read as
  2 12 follows:
  2 13    233A.13  BINDING OUT OR DISCHARGE.
  2 14    The binding out or the discharge of an inmate as reformed,
  2 15 or having arrived at the age of eighteen twenty-five years,
  2 16 shall be a complete release from all penalties incurred by the
  2 17 conviction for the offense upon which the child was committed
  2 18 to the school.  
  2 19                           EXPLANATION
  2 20    This bill provides that the juvenile court through a
  2 21 dispositional order entered by the court in the case of a
  2 22 juvenile adjudicated delinquent may retain jurisdiction over
  2 23 the juvenile until the juvenile turns 25 years of age.  The
  2 24 bill also provides that a person may be held at the state
  2 25 training school until the person turns 25 with permission from
  2 26 the committing court.  
  2 27 LSB 1437XC 76
  2 28 mk/sc/14
     

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