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House Journal: Page 1016: Tuesday, March 28, 1995

H-3522B
20   to a shelter care facility when the peace officer has
21   reasonable grounds to believe the child has run away
22   from the child's parents, guardian, or custodian.
23     d.  By a peace officer, juvenile court officer, or
24   juvenile parole officer when the officer has
25   reasonable grounds to believe the child has committed
26   a material violation of a dispositional order.
27     2.  a.  A child taken into custody as provided in
28   subsection 1, paragraph "a", shall be placed in
29   detention pending release to the child's parent,
30   guardian, custodian, or other adult approved by the
31   court.
32     b.  Unless the child is held in detention pursuant
33   to section 232.22, the child may only be released to
34   one of the persons listed in paragraph "b" upon the
35   posting of bail or bond in accordance with chapter 811
36   and the promise of the person to take responsibility
37   for the child and to present the child in court at
38   such time as the court may direct.
39     2. 3.  When a child is taken into custody as
40   provided in subsection 1, paragraph "b", "c", or "d",
41   the person taking the child into custody shall notify
42   the child's parent, guardian or custodian as soon as
43   possible and shall not place bodily restraints, such
44   as handcuffs, on the child unless the child physically
45   resists or threatens physical violence when being
46   taken into custody.  However, if the child is thirteen
47   years of age or older, the child may be restrained by
48   metal handcuffs only, for the purpose of
49   transportation in a vehicle which is not equipped with
50   a rear seat cage for prisoner transport and if the

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 1   child is being taken into custody for an alleged
 2   delinquent act of violence against a person.  The
 3   child may also be restrained by handcuffs or other
 4   restraints at any time after the child is taken into
 5   custody if the child has a known history of physical
 6   violence to others.  Unless the child is placed in
 7   shelter care or detention in accordance with the
 8   provisions of section 232.21 or 232.22, the child
 9   shall be released to the child's parent, guardian,
10   custodian, responsible adult relative, or other adult
11   approved by the court upon the promise of such person
12   to produce the child in court at such time as the
13   court may direct.
14     3. 4.  Notwithstanding any other provision of this
15   chapter, a child shall not be placed in detention as a
16   result of a violation by that child of section 123.47.
17     Sec. ___.  Section 232.20, subsection 1, Code 1995,
18   is amended to read as follows:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01000/01016.html
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