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Text: SSB02144                          Text: SSB02146
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Senate Study Bill 2145

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.22, subsection 6, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    6.  If the court has waived its jurisdiction over the child
  1  4 for the alleged commission of a forcible felony offense
  1  5 pursuant to section 232.45 or 232.45A, and there is a serious
  1  6 risk that the child may commit an act which would inflict
  1  7 serious bodily harm on another person, the child may be held
  1  8 in the county jail, notwithstanding section 356.3.  However,
  1  9 wherever possible the child shall be held in sight and sound
  1 10 separation from adult offenders.  A child held in the county
  1 11 jail under this subsection shall have all the rights of adult
  1 12 postarrest or pretrial detainees.
  1 13    Sec. 2.  Section 356.3, Code 1995, is amended to read as
  1 14 follows:
  1 15    356.3  MINORS SEPARATELY CONFINED.
  1 16    Any sheriff, city marshal, or chief of police, having in
  1 17 the officer's care or custody any prisoner under the age of
  1 18 eighteen years over whom the juvenile court has not waived its
  1 19 jurisdiction, shall keep such prisoner separate and apart, and
  1 20 prevent communication by such prisoner with prisoners above
  1 21 that age, while such prisoners are not under the personal
  1 22 supervision of such officer, if suitable buildings or jails
  1 23 are provided for that purpose, unless such prisoner is likely
  1 24 to or does exercise an immoral influence over other minors
  1 25 with whom the prisoner may be imprisoned.
  1 26    A person under the age of eighteen years prosecuted under
  1 27 chapter 232 and not waived to criminal court shall be confined
  1 28 in a jail only under the conditions provided in chapter 232.
  1 29 If the juvenile court has waived its jurisdiction over the
  1 30 person, a person under the age of eighteen years may be held
  1 31 in the jail in accordance with section 232.22, subsection 6.
  1 32    Any officer having charge of prisoners who without just
  1 33 cause or excuse neglects or refuses to perform the duties
  1 34 imposed on the officer by this section may be suspended or
  1 35 removed from office therefor.  
  2  1                           EXPLANATION
  2  2    This bill amends section 356.3 regarding the confinement of
  2  3 juveniles in adult jails or holding facilities to provide that
  2  4 juveniles are to be confined in adult facilities in accordance
  2  5 with the provisions on the detention of juveniles in chapter
  2  6 232 (juvenile justice).  Chapter 232 requires juveniles to be
  2  7 held in sight and sound separation from adult prisoners if
  2  8 jurisdiction over the juvenile has not been waived by the
  2  9 juvenile court.  If the court has waived its jurisdiction over
  2 10 a juvenile alleged to have committed a forcible felony, the
  2 11 juvenile may be held in the county jail as an adult.  
  2 12 LSB 3827SC 76
  2 13 mk/sc/14
     
Text: SSB02144                          Text: SSB02146
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index
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