Text: SSB02196 Text: SSB02198 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.8, subsection 1, paragraph c, Code 1 2 Supplement 1995, is amended to read as follows: 1 3 c. Violations by a child, age sixteen or older, which 1 4 subject the child to the provisions of section 124.401, 1 5 subsection 1, paragraph "e" or "f", or violations of section 1 6 723A.2 which involve a violation of chapter 724, or violation 1 7 of chapter 724 which constitutes a felony, or violations which 1 8 constitute a forcible felony are excluded from the 1 9 jurisdiction of the juvenile court and shall be prosecuted as 1 10 otherwise provided by law unless the court transfers 1 11 jurisdiction of the child to the juvenile court upon motion 1 12 and for good cause. A child over whom jurisdiction has not 1 13 been transferred to the juvenile court, and who is convicted 1 14 of a violation excluded from the jurisdiction of the juvenile 1 15 court under this paragraph, shall be sentenced pursuant to 1 16 section 124.401B, 902.9, or 903.1. Notwithstanding any other 1 17 provision of the Code to the contrary, the court may accept 1 18 from a child a plea of guilty, or may instruct the jury on a 1 19 lesser included offense to the offense excluded from the 1 20 jurisdiction of the juvenile court under this section in the 1 21 same manner as regarding an adult. 1 22 Sec. 2. Section 232.52, subsection 2, paragraph c, Code 1 23 Supplement 1995, is amended by adding the following new 1 24 subparagraph: 1 25 NEW SUBPARAGRAPH. (3) For a child placed in a supervised 1 26 community treatment program established pursuant to section 1 27 232.191, subsection 4, providing up to thirty days placement 1 28 in group foster care as ordered by the chief juvenile court 1 29 officer or the officer's designee, for failure to comply with 1 30 the terms and conditions of the supervised community treatment 1 31 program. The court shall be notified of a temporary group 1 32 foster care placement under this section the next business day 1 33 after the placement is made. Placements of thirty days or 1 34 less under this section shall not be included in the regional 1 35 group foster care target established pursuant to section 2 1 232.143. 2 2 Sec. 3. Section 232.52, subsection 2A, Code Supplement 2 3 1995, is amended to read as follows: 2 4 2A. Notwithstanding subsection 2, the court shall not 2 5 order group foster care placement of the child which is a 2 6 charge upon the state if that placement is not in accordance 2 7 with the regional plan for group foster care established 2 8 pursuant to section 232.143 for the departmental region in 2 9 which the court is located. This subsection does not apply to 2 10 a group foster care placement under subsection 2, paragraph 2 11 "c", subparagraph (3). 2 12 Sec. 4. Section 232.52, subsection 2, paragraph e, 2 13 subparagraph (4), Code Supplement 1995, is amended to read as 2 14 follows: 2 15 (4) The child has previously been placed in a treatment 2 16 facility outside the child's home or in a supervised community 2 17 treatment program established pursuant to section 232.191, 2 18 subsection 4. 2 19 Sec. 5. Section 232.143, subsection 3, Code Supplement 2 20 1995, is amended to read as follows: 2 21 3. State payment for group foster care placements, except 2 22 those provided pursuant to section 232.52, subsection 2, 2 23 paragraph "c", subparagraph (3), shall be limited to those 2 24 placements which are in accordance with the regional plans 2 25 developed pursuant to subsection 2. 2 26 Sec. 6. Section 236.8, Code Supplement 1995, is amended to 2 27 read as follows: 2 28 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 2 29 HEARINGS. 2 30 A person commits a simple misdemeanor or the court may hold 2 31 a person in contempt for a violation of an order or court- 2 32 approved consent agreement entered under this chapter, for 2 33 violation of a temporary or permanent protective order or 2 34 order to vacate the homestead under chapter 598,orfor 2 35 violation of any order that establishes conditions of release 3 1 or is a protective order or sentencing order in a criminal 3 2 prosecution arising from a domestic abuse assault, or for 3 3 violation of a protective order under chapter 232. If 3 4 convicted or held in contempt, the defendant shall serve a 3 5 jail sentence. Any jail sentence of more than one day imposed 3 6 under this section shall be served on consecutive days. A 3 7 defendant who is held in contempt or convicted may be ordered 3 8 by the court to pay the plaintiff's attorneys fees and court 3 9 costs incurred in the proceedings under this section. 3 10 A hearing in a contempt proceeding brought pursuant to this 3 11 section shall be held not less than five and not more than 3 12 fifteen days after the issuance of a rule to show cause, as 3 13 set by the court. 3 14 A person shall not be convicted of and held in contempt for 3 15 the same violation of an order or court-approved consent 3 16 agreement entered under this chapter, for the same violation 3 17 of a temporary or permanent protective order or order to 3 18 vacate the homestead under chapter 598,orfor violation of 3 19 any order that establishes conditions of release or is a 3 20 protective order or sentencing order in a criminal prosecution 3 21 arising from a domestic abuse assault, or for violation of a 3 22 protective order under chapter 232. 3 23 Sec. 7. Section 236.11, unnumbered paragraphs 1 and 2, 3 24 Code 1995, are amended to read as follows: 3 25 A peace officer shall use every reasonable means to enforce 3 26 an order or court-approved consent agreement entered under 3 27 this chapter, a temporary or permanent protective order or 3 28 order to vacate the homestead under chapter 598,or anyan 3 29 order that establishes conditions of release or is a 3 30 protective order or sentencing order in a criminal prosecution 3 31 arising from a domestic abuse assault, or a protective order 3 32 under chapter 232. If a peace officer has reason to believe 3 33 that domestic abuse has occurred, the peace officer shall ask 3 34 the abused person if any prior orders exist, and shall contact 3 35 the twenty-four hour dispatcher to inquire if any prior orders 4 1 exist. If a peace officer has probable cause to believe that 4 2 a person has violated an order or approved consent agreement 4 3 entered under this chapter, a temporary or permanent 4 4 protective order or order to vacate the homestead under 4 5 chapter 598,or anyan order establishing conditions of 4 6 release or a protective or sentencing order in a criminal 4 7 prosecution arising from a domestic abuse assault, or a 4 8 protective order under chapter 232, the peace officer shall 4 9 take the person into custody and shall take the person without 4 10 unnecessary delay before the nearest or most accessible 4 11 magistrate in the judicial district in which the person was 4 12 taken into custody. The magistrate shall make an initial 4 13 preliminary determination whether there is probable cause to 4 14 believe that an order or consent agreement existed and that 4 15 the person taken into custody has violated its terms. The 4 16 magistrate's decision shall be entered in the record. 4 17 If a peace officer has probable cause to believe that a 4 18 person has violated an order or approved consent agreement 4 19 entered under this chapter, a temporary or permanent 4 20 protective order or order to vacate the homestead under 4 21 chapter 598,or anyan order establishing conditions of 4 22 release or a protective or sentencing order in a criminal 4 23 prosecution arising from a domestic abuse assault, or a 4 24 protective order under chapter 232, and the peace officer is 4 25 unable to take the person into custody within twenty-four 4 26 hours of making the probable cause determination, the peace 4 27 officer shall either request a magistrate to make a 4 28 determination as to whether a rule to show cause or arrest 4 29 warrant should be issued, or refer the matter to the county 4 30 attorney. 4 31 Sec. 8. Section 602.7103, subsection 2, Code 1995, is 4 32 amended to read as follows: 4 33 2. The associate juvenile judge shall have the same 4 34 jurisdiction to conduct juvenile court proceedings, to issue 4 35 warrants, nontestimonial identification orders, and contempt 5 1 arrest warrants for adults in juvenile court proceedings, and 5 2 to issue orders, findings, and decisions as the judge of the 5 3 juvenile court, except that the associate juvenile judge shall5 4not issue warrants. However, the appointing judge may limit 5 5 the exercise of juvenile court jurisdiction by the associate 5 6 juvenile judge. 5 7 Sec. 9. Section 665.4, subsections 2 and 3, Code 1995, are 5 8 amended to read as follows: 5 9 2. Before district judges,anddistrict associate judges, 5 10 and associate juvenile judges by a fine not exceeding five 5 11 hundred dollars or imprisonment in a county jail not exceeding 5 12 six months or by both such fine and imprisonment. 5 13 3. Before judicial magistratesand juvenile court5 14referees, by a fine not exceeding one hundred dollars or 5 15 imprisonment in a county jail not exceeding thirty days. 5 16 Sec. 10. Section 692A.2, subsection 1, Code Supplement 5 17 1995, is amended to read as follows: 5 18 1. A person who has been convicted of either a criminal 5 19 offense against a minor, sexual exploitation, or a sexually 5 20 violent offense shall register as provided in this chapter for 5 21 a period of ten years commencing from the date of placement on 5 22 probation, parole, work release, release from foster care or 5 23 residential treatment, or other release from custody. A 5 24 person is not required to register while incarcerated, in 5 25 foster care, or in a residential treatment program. A person 5 26 who is convicted, as defined in section 692A.1, of either a 5 27 criminal offense against a minor or a sexually violent offense 5 28 as a result of adjudication of delinquency in juvenile court 5 29 shall not be required to register as required in this chapter 5 30 if the juvenile court finds that the person should not be 5 31 required to register under this chapter. If a person is 5 32 placed on probation, parole, or work release and the 5 33 probation, parole, or work release is revoked, the ten years 5 34 shall commence anew upon release from custody. 5 35 Sec. 11. Section 692A.5, subsection 1, unnumbered 6 1 paragraph 1, Code Supplement 1995, is amended to read as 6 2 follows: 6 3 When a person who is required to register under this 6 4 chapter is released from confinement from a jail, prison, 6 5 juvenile facility, or other correctional institution or 6 6 facility, or when such a person is convicted but not 6 7 incarcerated, the sheriff, warden, or superintendent or, in 6 8 the case of release from foster care or residential treatment 6 9 or conviction without incarceration, the court shall do the 6 10 following prior to release or sentencing of the convicted 6 11 person: 6 12 Sec. 12. Section 692A.5, subsection 2, Code Supplement 6 13 1995, is amended to read as follows: 6 14 2. When a person who is required to register under this 6 15 chapter is released from confinement from a jail, prison, 6 16 juvenile facility, or other correctional institution or 6 17 facility, or when such a person is convicted but not 6 18 incarcerated, the sheriff, warden, or superintendent or, in 6 19 the case of release from foster care or residential treatment 6 20 or conviction without incarceration, the court shall verify 6 21 that the person has completed initial registration forms, and 6 22 accept the forms on behalf of the sheriff of the county of 6 23 registration. The sheriff, warden, superintendent, or the 6 24 court shall send the initial registration information to the 6 25 department within three working days of completion of the 6 26 registration. Probation, parole, work release, or any other 6 27 form of release after conviction shall not be granted unless 6 28 the person has registered as required under this chapter. 6 29 EXPLANATION 6 30 This bill provides that the court may accept a plea to a 6 31 lesser included offense or may provide jury instructions to a 6 32 lesser included offense to an offense excluded from the 6 33 jurisdiction of the juvenile court under section 232.8. The 6 34 bill provides that the chief juvenile court officer or the 6 35 officer's designee may order a child placed in a supervised 7 1 community treatment program to serve up to a 30-day placement 7 2 in group foster care for failure to comply with the conditions 7 3 of placement in the community treatment program. A placement 7 4 of this nature must be reported to the court the following 7 5 business day, does not count against the regional group foster 7 6 care target, and is not subject to the regional plan for group 7 7 foster care. 7 8 The bill adds to the criteria for allowing placement in the 7 9 state training school. Previous placement in a supervised 7 10 community treatment program as an alternative to residential 7 11 placement is the additional criterion for placement. 7 12 The bill further provides that a juvenile who is otherwise 7 13 eligible to register with the sex offender registry shall 7 14 register when released from foster care or residential 7 15 treatment. 7 16 The bill additionally provides that associate juvenile 7 17 judges may issue warrants and certain other orders in juvenile 7 18 court proceedings to the same extent as a district court judge 7 19 sitting in juvenile court. The bill makes the penalty for 7 20 contempt of court before an associate juvenile court judge the 7 21 same as the penalty for contempt before a district associate 7 22 judge. The bill requires juvenile court protective orders to 7 23 be enforced in the same manner as domestic abuse protective 7 24 orders. 7 25 BACKGROUND STATEMENT 7 26 SUBMITTED BY THE AGENCY 7 27 Intensive supervised community treatment programs can 7 28 provide an effective alternative to out-of-home placement for 7 29 delinquent youth. The effectiveness of these programs is 7 30 hampered, however, by the lack of available consequences for 7 31 young people who fail to comply with the conditions of the 7 32 program. This bill allows for the provision of immediate 7 33 short-term consequences without the necessity of removing the 7 34 child from the community program. 7 35 Short-term placement as a consequence for failure to comply 8 1 with the conditions of the intensive community treatment 8 2 program is excluded from the foster care "cap" because, to be 8 3 effective, the consequence needs to be immediate. Having to 8 4 wait for an available bed under the current cap causes such a 8 5 delay as to risk failure in the community setting. 8 6 The criteria established in the Code for placement of a 8 7 delinquent youth at the state training school currently 8 8 includes a prior placement in a residential treatment facility 8 9 but does not include a prior placement in an intensive day 8 10 treatment setting. Because of limits on the use of 8 11 residential treatment, day treatment has become a more common 8 12 method of treatment for youth with serious delinquency 8 13 problems. At the same time, the structure, discipline, and 8 14 programming content in day treatment has become more 8 15 comparable to residential treatment. 8 16 The current law forces officials to place delinquent youth 8 17 in scarce residential treatment facilities, even after the 8 18 youth has failed in day treatment and even when success in 8 19 residential treatment is not expected, merely as a means to 8 20 satisfy the training school admission criteria. 8 21 The provisions of this bill concerning judges' powers 8 22 provide associate juvenile court judges the jurisdiction to 8 23 issue warrants in juvenile cases, juvenile nontestimonial 8 24 identification orders, and contempt arrest warrants for adults 8 25 in juvenile proceedings and give them greater ability to 8 26 enforce their orders. A child abuser who violates a court 8 27 order against contacting or threatening the victim would be 8 28 subject to arrest and a jail sentence. Juvenile court 8 29 protective orders are most common in cases of child sexual 8 30 abuse. 8 31 The amendments to chapter 692A clarify that the sex 8 32 offender registry provisions apply to juvenile offenders who 8 33 are placed in facilities other than the state training 8 34 schools. 8 35 LSB 3345XD 76 9 1 mk/sc/14.2
Text: SSB02196 Text: SSB02198 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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