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PAG LIN 1 1 SENATE FILE 515 1 2 1 3 AN ACT 1 4 RELATING TO JUVENILE JUSTICE AND YOUTHFUL OFFENDERS, BY MAKING 1 5 CHANGES IN PROVISIONS RELATING TO ILLEGAL PURCHASE OR POSSES- 1 6 SION OF ALCOHOL BY JUVENILES AND YOUTHFUL OFFENDERS, MAKING 1 7 CHANGES RELATING TO DRAMSHOP LIABILITY, PROVIDING FOR NOTIFI- 1 8 CATION OF POSSESSION OF ALCOHOL BY PERSONS UNDER LEGAL AGE, 1 9 PROVIDING FOR THE TAKING OF FINGERPRINTS AND PHOTOGRAPHS 1 10 OF CERTAIN JUVENILES, PERMITTING VICTIMS TO MAKE ORAL VICTIM 1 11 IMPACT STATEMENTS IN JUVENILE PROCEEDINGS, MAKING CHANGES 1 12 RELATED TO THE SUPPLYING OF ALCOHOL TO PERSONS UNDER THE AGE 1 13 OF TWENTY-ONE, PROVIDING FOR SHARING OF INFORMATION REGARDING 1 14 DELINQUENT JUVENILES AND JUVENILES UNDER THE JURISDICTION OF 1 15 VARIOUS SOCIAL SERVICES AGENCIES, PROVIDING FOR SHARED JURIS- 1 16 DICTION BETWEEN THE ADULT AND JUVENILE COURTS OVER YOUTHFUL 1 17 OFFENDERS, CHANGING THE CRITERIA FOR PLACEMENT IN THE STATE 1 18 TRAINING SCHOOL OR OTHER FACILITY, MAKING CHANGES RELATING TO 1 19 STATE REIMBURSEMENT FOR EXPENSES OF COURT-APPOINTED ATTORNEYS 1 20 IN JUVENILE COURT, PERMITTING THE RELEASE OF INFORMATION RE- 1 21 LATING TO JUVENILES WHO HAVE ESCAPED FROM A DETENTION FACILITY, 1 22 PROVIDING FOR NOTIFICATION OF JUVENILE COURT AUTHORITIES OF 1 23 UNEXCUSED ABSENCES OR SUSPENSIONS OR EXPULSIONS OF STUDENTS 1 24 WHO ARE ON PROBATION, PROVIDING FOR ESTABLISHMENT OF STATEWIDE 1 25 PEER REVIEW COURTS FOR YOUTHFUL OFFENDERS, PROVIDING FOR BAI- 1 26 LIFF AND OTHER LAW ENFORCEMENT ASSISTANCE TO ASSOCIATE JUVEN- 1 27 ILE JUDGES, INCLUDING ARREST OR DISPOSITION OR CUSTODY OR 1 28 ADJUDICATION DATA IN CRIMINAL HISTORY DATA KEPT BY THE DEPART- 1 29 MENT OF PUBLIC SAFETY, AUTHORIZING SCHOOL OFFICIALS TO REPORT 1 30 POSSESSION OR USE OF ALCOHOL OR CONTROLLED SUBSTANCES TO LAW 1 31 ENFORCEMENT AUTHORITIES, AND PROVIDING FOR A LEGISLATIVE STUDY. 1 32 1 33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 34 1 35 Section 1. Section 123.3, subsection 19, Code 1997, is 2 1 amended to read as follows: 2 2 19. "Legal age" meansnineteentwenty-one years of age or 2 3 more. 2 4 Sec. 2. Section 123.47, Code 1997, is amended to read as 2 5 follows: 2 6 123.47 PERSONS UNDERTHELEGAL AGEOF EIGHTEEN PENALTY. 2 7 1. A person shall not sell, give, or otherwise supply 2 8 alcoholic liquor, wine, or beer to any person knowing or 2 9 having reasonable cause to believe that person to be underthe2 10 legal ageof eighteen, and a. 2 11 2. A person or persons underthelegal ageof eighteen2 12 shall not purchase or attempt to purchase, or individually or 2 13 jointly have alcoholic liquor, wine, or beer in their 2 14 possession or control; except in the case of liquor, wine, or 2 15 beer given or dispensed to a person underthelegal ageof2 16eighteenwithin a private home and with the knowledge, 2 17 presence, and consent of the parent or guardian, for beverage 2 18 or medicinal purposes or as administered to the person by 2 19 either a physician or dentist for medicinal purposes and 2 20 except to the extent that a person underthelegal ageof2 21eighteenmay handle alcoholic beverages, wine, and beer during 2 22 the regular course of the person's employment by a liquor 2 23 control licensee, or wine or beer permittee under this 2 24 chapter. 2 25 3. A person who is under legal age, other than a licensee 2 26 or permittee, who violates this section regarding the purchase 2 27 of or attempt to purchase alcoholic liquor, wine, or beer 2 28shall pay a twenty-five dollar penalty, or possessing or 2 29 having control of alcoholic liquor, wine, or beer, commits a 2 30 simple misdemeanor punishable by a fine of one hundred dollars 2 31 for the first offense. A second or subsequent offense shall 2 32 be a serious misdemeanor punishable by a fine of two hundred 2 33 dollars and the suspension of the person's motor vehicle 2 34 operating privileges for a period not to exceed one year. The 2 35 court may, in its discretion, order the person who is under 3 1 legal age to perform community service work under section 3 2 909.3A, of an equivalent value to the fine imposed under this 3 3 section. However, if the person who commits the violation of 3 4 this section is under the age of eighteen, the matter shall be 3 5 disposed of in the manner provided in chapter 232. 3 6 4. Except as otherwise provided in subsections 5 and 6, a 3 7 person who is of legal age, other than a licensee or 3 8 permittee, who sells, gives, or otherwise supplies alcoholic 3 9 liquor, wine, or beer to a person who is under legal age in 3 10 violation of this section commits a serious misdemeanor 3 11 punishable by a minimum fine of five hundred dollars. 3 12 5. A person who is of legal age, other than a licensee or 3 13 permittee, who sells, gives, or otherwise supplies alcoholic 3 14 liquor, wine, or beer to a person who is under legal age in 3 15 violation of this section which results in serious injury to 3 16 any person commits an aggravated misdemeanor. 3 17 6. A person who is of legal age, other than a licensee or 3 18 permittee, who sells, gives, or otherwise supplies alcoholic 3 19 liquor, wine, or beer to a person who is under legal age in 3 20 violation of this section which results in the death of any 3 21 person commits a class "D" felony. 3 22 Sec. 3. Section 123.47B, Code 1997, is amended to read as 3 23 follows: 3 24 123.47B PARENTAL AND SCHOOL NOTIFICATION PERSONS UNDER 3 25EIGHTEEN YEARS OFLEGAL AGE. 3 26 1. A peace officer shall make a reasonable effort to 3 27 identify a person under the age of eighteen discovered to be 3 28 in possession of alcoholic liquor, wine, or beer in violation 3 29 of section 123.47 and if the person is not referred to 3 30 juvenile court, the law enforcement agency of which the peace 3 31 officer is an employee shall make a reasonable attempt to 3 32 notify the person's custodial parent or legal guardian of such 3 33 possession, whether or not the person is arrested or a 3 34 citation is issued pursuant to section 805.16, unless the 3 35 officer has reasonable grounds to believe that such 4 1 notification is not in the best interests of the person or 4 2 will endanger that person. 4 3 2. The peace officer shall also make a reasonable effort 4 4 to identify the elementary or secondary school which the 4 5 person attends if the person is enrolled in elementary or 4 6 secondary school and to notify the superintendent or the 4 7 superintendent's designee of the school which the person 4 8 attends, or the authorities in charge of the nonpublic school 4 9 which the person attends, of the possession. If the person is 4 10 taken into custody, the peace officer shall notify a juvenile 4 11 court officer who shall make a reasonable effort to identify 4 12 the elementary or secondary school the person attends, if any, 4 13 and to notify the superintendent of the school district or the 4 14 superintendent's designee, or the authorities in charge of the 4 15 nonpublic school, of the taking into custody. A reasonable 4 16 attempt to notify the person includes but is not limited to a 4 17 telephone call or notice by first-class mail. 4 18 Sec. 4. Section 123.49, subsection 3, Code 1997, is 4 19 amended to read as follows: 4 20 3.NoA person under legal age shall not misrepresent the 4 21 person's age for the purpose of purchasing or attempting to 4 22 purchase any alcoholic beverage, wine, or beer from any 4 23 licensee or permittee. If any person under legal age 4 24 misrepresents the person's age, and the licensee or permittee 4 25 establishes that the licensee or permittee made reasonable 4 26 inquiry to determine whether the prospective purchaser was 4 27 over legal age, the licensee or permittee is not guilty of 4 28 selling alcoholic liquor, wine, or beer tominorsa person 4 29 under legal age. 4 30 Sec. 5. Section 123.50, subsection 1, Code 1997, is 4 31 amended to read as follows: 4 32 1. Any person who violates any of the provisions of 4 33 section 123.49, except subsection 2, paragraph "h", shall be 4 34 guilty of a simple misdemeanor. A person who violates section 4 35 123.49, subsection 2, paragraph "h", commits asimpleserious 5 1 misdemeanor punishableas a scheduled violation under section5 2805.8, subsection 10, paragraph "b"by a fine of one thousand 5 3 five hundred dollars. If the violation is committed by a 5 4 person who is employed by a licensee or permittee, the 5 5 licensee or permittee and the individual shall each be deemed 5 6 to have committed the violation and shall each be punished as 5 7 provided in this subsection. 5 8 Sec. 6. Section 123.50, subsection 4, Code 1997, is 5 9 amended by striking the subsection. 5 10 Sec. 7. Section 123.92, Code 1997, is amended by adding 5 11 the following new unnumbered paragraph: 5 12 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 123.49, 5 13 subsection 1, any person who is injured in person or property 5 14 or means of support by an intoxicated person who is under 5 15 legal age or resulting from the intoxication of a person who 5 16 is under legal age, has a right of action for all damages 5 17 actually sustained, severally or jointly, against a person who 5 18 is not a licensee or permittee and who dispensed or gave any 5 19 beer, wine, or intoxicating liquor to the intoxicated under- 5 20 age person when the nonlicensee or nonpermittee who dispensed 5 21 or gave the beer, wine, or intoxicating liquor to the under- 5 22 age person knew or should have known the under-age person was 5 23 intoxicated, or who dispensed or gave beer, wine, or 5 24 intoxicating liquor to the under-age person to a point where 5 25 the nonlicensee or nonpermittee knew or should have known that 5 26 the under-age person would become intoxicated. If the injury 5 27 was caused by an intoxicated person who is under legal age, a 5 28 person who is not a licensee or permittee and who dispensed or 5 29 gave beer, wine, or intoxicating liquor to the under-age 5 30 person may establish as an affirmative defense that the 5 31 intoxication did not contribute to the injurious action of the 5 32 under-age person. For purposes of this paragraph, "dispensed" 5 33 or "gave" means the act of physically presenting a receptacle 5 34 containing beer, wine, or intoxicating liquor to the under-age 5 35 person whose actions or intoxication results in the sustaining 6 1 of damages by another person. However, a person who dispenses 6 2 or gives beer, wine, or intoxicating liquor to an underage 6 3 person shall only be liable for any damages if the person knew 6 4 or should have known that the underage person was under legal 6 5 age. 6 6 Sec. 8. Section 137C.25C, subsection 3, Code 1997, is 6 7 amended to read as follows: 6 8 3. The owner or operator reasonably believes that the 6 9 individual is using the premises for an unlawful purpose 6 10 including, but not limited to, the unlawful use or possession 6 11 of controlled substances or the use of the premises for the 6 12 consumption of alcohol by an individual in violation of 6 13 section 123.47or 123.47A. 6 14 Sec. 9. Section 216A.138, Code 1997, is amended by adding 6 15 the following new subsection: 6 16 NEW SUBSECTION. 5A. The plan shall include development of 6 17 a resource guide outlining successful programs and practices 6 18 established within this state which are designed to promote 6 19 positive youth development and that assist delinquent and 6 20 other at-risk youth in overcoming personal and social 6 21 problems. The guide shall be made publicly available. 6 22 Sec. 10. Section 232.2, subsection 12, Code 1997, is 6 23 amended by adding the following new paragraph: 6 24 NEW PARAGRAPH. c. The violation of section 123.47 which 6 25 is committed by a child. 6 26 Sec. 11. Section 232.8, subsection 3, Code 1997, is 6 27 amended to read as follows: 6 28 3. The juvenile court, after a hearing and in accordance 6 29 with the provisions of section 232.45, may waive jurisdiction 6 30 of a child alleged to have committed a public offense so that 6 31 the child may be prosecuted as an adult or youthful offender 6 32 for such offense in another court. If the child, except a 6 33 child being prosecuted as a youthful offender, pleads guilty 6 34 or is found guilty of a public offense in another court of 6 35 this state that court may, with the consent of the child, 7 1 defer judgment and without regard to restrictions placed upon 7 2 deferred judgments for adults, place the child on probation 7 3 for a period of not less than one year upon such conditions as 7 4 it may require. Upon fulfillment of the conditions of 7 5 probation the child shall be discharged without entry of 7 6 judgment. 7 7 Sec. 12. Section 232.19, subsection 2, Code 1997, is 7 8 amended to read as follows: 7 9 2. When a child is taken into custody as provided in 7 10 subsection 1 the person taking the child into custody shall 7 11 notify the child's parent, guardian, or custodian as soon as 7 12 possibleand shall not. The person may place bodily 7 13 restraints, such as handcuffs, on the childunlessif the 7 14 child physically resists;orthreatens physical violence when 7 15 being taken into custody; is being taken into custody for an 7 16 alleged delinquent act of violence against a person; or when, 7 17 in the reasonable judgment of the officer, the child presents 7 18 a risk of injury to the child or others.However, if the7 19child is thirteen years of age or older, the child may be7 20restrained by metal handcuffs only, for the purpose of7 21transportation in a vehicle which is not equipped with a rear7 22seat cage for prisoner transport and if the child is being7 23taken into custody for an alleged delinquent act of violence7 24against a person.The child may also be restrained by 7 25 handcuffs or other restraints at any time after the child is 7 26 taken into custody if the child has a known history of 7 27 physical violence to others. Unless the child is placed in 7 28 shelter care or detention in accordance with the provisions of 7 29 section 232.21 or 232.22, the child shall be released to the 7 30 child's parent, guardian, custodian, responsible adult 7 31 relative, or other adult approved by the court upon the 7 32 promise of such person to produce the child in court at such 7 33 time as the court may direct. 7 34 Sec. 13. Section 232.19, Code 1997, is amended by adding 7 35 the following new subsection: 8 1 NEW SUBSECTION. 4. Information pertaining to a child who 8 2 is at least ten years of age and who is taken into custody for 8 3 a delinquent act which would be a public offense is a public 8 4 record and is not confidential under section 232.147. 8 5 Sec. 14. Section 232.22, Code 1997, is amended by adding 8 6 the following new subsection: 8 7 NEW SUBSECTION. 7. Notwithstanding any other provision of 8 8 the Code to the contrary, a child shall not be placed in 8 9 detention for a violation of section 123.47, or for failure to 8 10 comply with a dispositional order which provides for 8 11 performance of community service for a violation of section 8 12 123.47. 8 13 Sec. 15. NEW SECTION. 232.23 DETENTION YOUTHFUL 8 14 OFFENDERS. 8 15 1. After waiver of a child who will be prosecuted as a 8 16 youthful offender, the child shall be held in a facility under 8 17 section 232.22, subsection 2, paragraph "a" or "b", unless 8 18 released in accordance with subsection 2. 8 19 2. a. The court shall determine, at the detention hearing 8 20 under section 232.44, the amount of bail, appearance bond, or 8 21 other conditions necessary for a child who has been waived for 8 22 prosecution as a youthful offender to be released from 8 23 detention or that the child should not be released from 8 24 detention. 8 25 b. A child placed in detention or released under this 8 26 subsection shall be supervised by a juvenile court officer or 8 27 juvenile court services personnel. 8 28 c. An order under this section may be reviewed by the 8 29 court upon motion of either party. 8 30 Sec. 16. Section 232.28, subsection 10, Code 1997, is 8 31 amended to read as follows: 8 32 10. A complaint filed with the court or its designee 8 33 pursuant to this section which alleges that a child who is at 8 34 least ten years of age and who has committed a delinquent act 8 35 which if committed by an adult would bean aggravated9 1misdemeanor or a felony shall bea public offense is a public 9 2 record and shall not be confidential under section 232.147. 9 3 The court, its designee, or law enforcement officials are 9 4 authorized to release the complaint, including the identity of 9 5 the child named in the complaint. 9 6 Sec. 17. Section 232.28, subsection 11, Code 1997, is 9 7 amended to read as follows: 9 8 11. If a complaint is filed under this section, alleging a 9 9 child has committed a delinquent act, the alleged victim may 9 10 file a signed victim impact statement with the juvenile court 9 11 containing the information specified for a victim impact 9 12 statement under section 910A.5. Unless the matter is disposed 9 13 of at the preliminary inquiry conducted by the intake officer 9 14 under section 232.28, the victim may also orally present a 9 15 victim impact statement. The victim impact statement shall be 9 16 considered by the court and the juvenile court officer 9 17 handling the complaint in any proceeding or informal 9 18 adjustment associated with the complaint. 9 19 Sec. 18. Section 232.28A, subsection 1, paragraph d, Code 9 20 1997, is amended to read as follows: 9 21 d. To be notified of the person's right to offer a written 9 22 victim impact statement and to orally present the victim 9 23 impact statement under sections 232.28 and 910A.5. 9 24 Sec. 19. Section 232.44, Code 1997, is amended to read as 9 25 follows: 9 26 232.44 DETENTION OR SHELTER CARE HEARING RELEASE FROM 9 27 DETENTION UPON CHANGE OF CIRCUMSTANCE. 9 28 1. A hearing shall be held within forty-eight hours, 9 29 excluding Saturdays, Sundays, and legal holidays, of the time 9 30 of the child's admission to a shelter care facility, and 9 31 within twenty-four hours, excluding Saturdays, Sundays, and 9 32 legal holidays, of the time of a child's admission to a 9 33 detention facility. If the hearing is not held within the 9 34 time specified, the child shall be released from shelter care 9 35 or detention. Prior to the hearing a petition shall be filed, 10 1 except where the child is already under the supervision of a 10 2 juvenile court under a prior judgment. 10 3 If the child is placed in a detention facility in a county 10 4 other than the county in which the child resides or in which 10 5 the delinquent act allegedly occurred but which is within the 10 6 same judicial district, the hearing may take place in the 10 7 county in which the detention facility is located. The child 10 8 shall appear in person at the hearing required by this 10 9 subsection. 10 10 2. The county attorney or a juvenile court officer may 10 11 apply for a hearing at any time after the petition is filed to 10 12 determine whether the child who is the subject of the petition 10 13 should be placed in detention or shelter care. The court may 10 14 upon the application or upon its own motion order such 10 15 hearing. The court shall order a detention hearing for a 10 16 child waived under section 232.45, subsection 6A, at the time 10 17 of waiver. 10 18 3. A notice shall be served upon the child, the child's 10 19 attorney, the child's guardian ad litem if any, and the 10 20 child's known parent, guardian, or custodian not less than 10 21 twelve hours before the time the hearing is scheduled to begin 10 22 and in a manner calculated fairly to apprise the parties of 10 23 the time, place, and purpose of the hearing. In the case of a 10 24 hearing for a child waived for prosecution as a youthful 10 25 offender, this notice may accompany the waiver order. If the 10 26 court finds that there has been reasonably diligent effort to 10 27 give notice to a parent, guardian, or custodian and that the 10 28 effort has been unavailing, the hearing may proceed without 10 29 the notice having been served. 10 30 4. At the hearing to determine whether detention or 10 31 shelter care is authorized under section 232.21 or 232.22 the 10 32 court shall admit only testimony and other evidence relevant 10 33 to the determination of whether there is probable cause to 10 34 believe the child has committed the act as alleged in the 10 35 petition and to the determination of whether the placement of 11 1 the child in detention or shelter care is authorized under 11 2 section 232.21 or 232.22. At the hearing to determine whether 11 3 a child who has been waived for prosecution as a youthful 11 4 offender should be released from detention the court shall 11 5 also admit evidence of the kind admissible to determine bond 11 6 or bail under chapter 811, notwithstanding section 811.1. Any 11 7 written reports or records made available to the court at the 11 8 hearing shall be made available to the parties. A copy of the 11 9 petition or waiver order shall be given to each of the parties 11 10 at or before the hearing. 11 11 5. The court shall find release to be proper under the 11 12 following circumstances: 11 13 a. If the court finds that there is not probable cause to 11 14 believe that the child is a child within the jurisdiction of 11 15 the court under this chapter, it shall release the child and 11 16 dismiss the petition. 11 17 b. If the court finds that detention or shelter care is 11 18 not authorized under section 232.21 or 232.22, or is 11 19 authorized but not warranted in a particular case, the court 11 20 shall order the child's release, and in so doing, may impose 11 21 one or more of the following conditions: 11 22 (1) Place the child in the custody of a parent, guardian 11 23 or custodian under that person's supervision, or under the 11 24 supervision of an organization which agrees to supervise the 11 25 child. 11 26 (2) Place restrictions on the child's travel, association, 11 27 or place of residence during the period of release. 11 28 (3) Impose any other condition deemed reasonably necessary 11 29 and consistent with the grounds for detaining children 11 30 specified in section 232.21 or 232.22, including a condition 11 31 requiring that the child return to custody as required. 11 32 (4) In the case of a child waived for prosecution as a 11 33 youthful offender, require bail, an appearance bond, or set 11 34 other conditions consistent with this section or section 11 35 811.2. 12 1 c. An order releasing a child on conditions specified in 12 2 this section may be amended at any time to impose equally or 12 3 less restrictive conditions. The order may be amended to 12 4 impose additional or more restrictive conditions, or to revoke 12 5 the release, if the child has failed to conform to the 12 6 conditions originally imposed. 12 7 6. If the court finds that there is probable cause to 12 8 believe that the child is within the jurisdiction of the court 12 9 under this chapter and that full-time detention or shelter 12 10 care is authorized under section 232.21 or 232.22 or that 12 11 detention is authorized under section 232.23, it may issue an 12 12 order authorizing either shelter care or detention until the 12 13 adjudicatory hearing or trial is held or for a period not 12 14 exceeding seven days, whichever is shorter. However, in the 12 15 case of a child placed in detention under section 232.23, this 12 16 period may be extended by agreement of the parties and the 12 17 court. 12 18 7. If a child held in shelter care or detention by court 12 19 order has not been released after a detention hearing or has 12 20 not appeared at an adjudicatory hearing before the expiration 12 21 of the order of detention, an additional hearing shall 12 22 automatically be scheduled for the next court day following 12 23 the expiration of the order. The child, the child's counsel, 12 24 the child's guardian ad litem, and the child's parent, 12 25 guardian or custodian shall be notified of this hearing not 12 26 less than twenty-four hours before the hearing is scheduled to 12 27 take place. The hearing required by this subsection may be 12 28 held by telephone conference call. 12 29 8. A child held in a detention or shelter care facility 12 30 pursuant to section 232.21 or 232.22 under order of court 12 31 after a hearing may be released upon a showing that a change 12 32 of circumstances makes continued detention unnecessary. 12 33 9. A written request for the release of the child, setting 12 34 forth the changed circumstances, may be filed by the child, by 12 35 a responsible adult on the child's behalf, by the child's 13 1 custodian, or by the juvenile court officer. 13 2 10. Based upon the facts stated in the request for release 13 3 the court may grant or deny the request without a hearing, or 13 4 may order that a hearing be held at a date, time and place 13 5 determined by the court. Notice of the hearing shall be given 13 6 to the child and the child's custodian or counsel. Upon 13 7 receiving evidence at the hearing, the court may release the 13 8 child to the child's custodian or other suitable person, or 13 9 may deny the request and remand the child to the detention or 13 10 shelter care facility. 13 11 11. This section does not apply to a child placed in 13 12 accordance with section 232.78, 232.79, or 232.95. 13 13 Sec. 20. Section 232.45, subsection 1, Code 1997, is 13 14 amended to read as follows: 13 15 1. After the filing of a petition which alleges that a 13 16 child has committed a delinquent act on the basis of an 13 17 alleged commission of a public offense and before an 13 18 adjudicatory hearing on the merits of the petition is held, 13 19 the county attorney or the child may file a motion requesting 13 20 the court to waive its jurisdiction over the child for the 13 21 alleged commission of the public offense or for purpose of 13 22 prosecution of the child as an adult or a youthful offender. 13 23 If the county attorney and the child agree, a motion for 13 24 waiver for the purpose of being prosecuted as a youthful 13 25 offender may be heard by the district court as part of the 13 26 proceedings under section 907.3A, or by the juvenile court as 13 27 provided in this section. If the motion for waiver for 13 28 purpose of being prosecuted as a youthful offender is made as 13 29 a result of a conditional agreement between the county 13 30 attorney and the child, the conditions of the agreement shall 13 31 be disclosed to the court in the same manner as provided in 13 32 rules 8 and 9 of the Iowa rules of criminal procedure. 13 33 Sec. 21. Section 232.45, Code 1997, is amended by adding 13 34 the following new subsection: 13 35 NEW SUBSECTION. 6A. At the conclusion of the waiver 14 1 hearing and after considering the best interests of the child 14 2 and the best interests of the community the court may, in 14 3 order that the child may be prosecuted as a youthful offender, 14 4 waive its jurisdiction over the child if all of the following 14 5 apply: 14 6 a. The child is fifteen years of age or younger. 14 7 b. The court determines, or has previously determined in a 14 8 detention hearing under section 232.44, that there is probable 14 9 cause to believe that the child has committed a delinquent act 14 10 which would constitute a public offense under section 232.8, 14 11 subsection 1, paragraph "c", notwithstanding the application 14 12 of that paragraph to children aged sixteen or older. 14 13 c. The court determines that the state has established 14 14 that there are not reasonable prospects for rehabilitating the 14 15 child, prior to the child's eighteenth birthday, if the 14 16 juvenile court retains jurisdiction over the child and the 14 17 child enters into a plea agreement, is a party to a consent 14 18 decree, or is adjudicated to have committed the delinquent 14 19 act. 14 20 The court shall retain jurisdiction over the child for the 14 21 purpose of determining whether the child should be released 14 22 from detention under section 232.23. If the court has been 14 23 apprised of conditions of an agreement between the county 14 24 attorney and the child which resulted in a motion for waiver 14 25 for purposes of the child being prosecuted as a youthful 14 26 offender, and the court finds that the conditions are in the 14 27 best interests of the child, the conditions of the agreement 14 28 shall constitute conditions of the waiver order. 14 29 Sec. 22. Section 232.45, Code 1997, is amended by adding 14 30 the following new subsection: 14 31 NEW SUBSECTION. 7A. In making the determination required 14 32 by subsection 6A, paragraph "c", the factors which the court 14 33 shall consider include but are not limited to the following: 14 34 a. The nature of the alleged delinquent act and the 14 35 circumstances under which it was committed. 15 1 b. The nature and extent of the child's prior contacts 15 2 with juvenile authorities, including past efforts of such 15 3 authorities to treat and rehabilitate the child and the 15 4 response to such efforts. 15 5 c. The age of the child, the programs, facilities, and 15 6 personnel available to the juvenile court for rehabilitation 15 7 and treatment of the child, and the programs, facilities, and 15 8 personnel which would be available to the district court after 15 9 the child reaches the age of eighteen in the event the child 15 10 is given youthful offender status. 15 11 Sec. 23. Section 232.45, subsection 10, Code 1997, is 15 12 amended to read as follows: 15 13 10. If the court waives its jurisdiction over the child 15 14 for the alleged commission of the public offense so that the 15 15 child may be prosecuted as an adult or a youthful offender, 15 16 the judge who made the waiver decision shall not preside at 15 17 any subsequent proceedings in connection with that prosecution 15 18 if the child objects. 15 19 Sec. 24. Section 232.45A, Code 1997, is amended by adding 15 20 the following new subsection: 15 21 NEW SUBSECTION. 4. This section shall not apply to a 15 22 child who was waived to the district court for the purpose of 15 23 being prosecuted as a youthful offender. 15 24 Sec. 25. Section 232.50, subsection 1, Code 1997, is 15 25 amended to read as follows: 15 26 1. As soon as practicable following the entry of an order 15 27 of adjudication pursuant to section 232.47 or notification 15 28 that the child has received a youthful offender deferred 15 29 sentence pursuant to section 907.3A, the court shall hold a 15 30 dispositional hearing in order to determine what disposition 15 31 should be made of the matter. 15 32 Sec. 26. Section 232.52, subsection 1, Code 1997, is 15 33 amended to read as follows: 15 34 1. Pursuant to a hearing as provided in section 232.50, 15 35 the court shall enter the least restrictive dispositional 16 1 order appropriate in view of the seriousness of the delinquent 16 2 act, the child's culpability as indicated by the circumstances 16 3 of the particular case, the age of the child,andthe child's 16 4 prior record, or the fact that the child has received a 16 5 youthful offender deferred sentence under section 907.3A. The 16 6 order shall specify the duration and the nature of the 16 7 disposition, including the type of residence or confinement 16 8 ordered and the individual, agency, department or facility in 16 9 whom custody is vested. In the case of a child who has 16 10 received a youthful offender deferred sentence, the initial 16 11 duration of the dispositional order shall be until the child 16 12 reaches the age of eighteen. 16 13 Sec. 27. Section 232.52, subsection 2, paragraph g, Code 16 14 1997, is amended to read as follows: 16 15 g. An order placing a child, other than a child who has 16 16 committed a violation of section 123.47, in secure custody for 16 17 not more than two days in a facility under section 232.22, 16 18 subsection 2, paragraph "a" or "b". 16 19 Sec. 28. Section 232.54, Code 1997, is amended by adding 16 20 the following new subsections: 16 21 NEW SUBSECTION. 7. With respect to a juvenile court 16 22 dispositional order entered regarding a child who has received 16 23 a youthful offender deferred sentence under section 907.3A, 16 24 the dispositional order may be terminated prior to the child 16 25 reaching the age of eighteen upon motion of the child, the 16 26 person or agency to whom custody of the child has been 16 27 transferred, or the county attorney following a hearing before 16 28 the juvenile court if it is shown by clear and convincing 16 29 evidence that it is in the best interests of the child and the 16 30 community to terminate the order. The hearing may be waived 16 31 if all parties to the proceeding agree. The dispositional 16 32 order regarding a child who has received a youthful offender 16 33 deferred sentence may also be terminated prior to the child 16 34 reaching the age of eighteen upon motion of the county 16 35 attorney, if the waiver of the child to district court was 17 1 conditioned upon the terms of an agreement between the county 17 2 attorney and the child violates the terms of the agreement 17 3 after the waiver order has been entered. The district court 17 4 shall discharge the child's youthful offender status upon 17 5 receiving a termination order under this section. 17 6 NEW SUBSECTION. 8. With respect to a dispositional order 17 7 entered regarding a child who has received a youthful offender 17 8 deferred sentence under section 907.3A, the juvenile court 17 9 may, in the case of a child who violates the terms of the 17 10 order, modify or terminate the order in accordance with the 17 11 following: 17 12 a. After notice and hearing at which the facts of the 17 13 child's violation of the terms of the order are found, the 17 14 juvenile court may refuse to modify the order, modify the 17 15 order and impose a more restrictive order, or, after an 17 16 assessment of the child by a juvenile court officer in 17 17 consultation with the judicial district department of 17 18 correctional services and if the child is age fourteen or 17 19 over, terminate the order and return the child to the 17 20 supervision of the district court under chapter 907. 17 21 b. The juvenile court shall only terminate an order under 17 22 this subsection if after considering the best interests of the 17 23 child and the best interests of the community the court finds 17 24 that the child should be returned to the supervision of the 17 25 district court. 17 26 c. A youthful offender over whom the juvenile court has 17 27 terminated the dispositional order under this subsection shall 17 28 be treated in the manner of an adult who has been arrested for 17 29 a violation of probation under section 908.11 for sentencing 17 30 purposes only. 17 31 Sec. 29. Section 232.55, Code 1997, is amended by adding 17 32 the following new unnumbered paragraph: 17 33 NEW UNNUMBERED PARAGRAPH. This section does not apply to 17 34 dispositional orders entered regarding a child who has 17 35 received a youthful offender deferred sentence under section 18 1 907.3A who is not discharged from probation before or upon the 18 2 child's eighteenth birthday. 18 3 Sec. 30. NEW SECTION. 232.56 YOUTHFUL OFFENDERS 18 4 TRANSFER TO DISTRICT COURT SUPERVISION. 18 5 The juvenile court shall deliver a report, which includes 18 6 an assessment of the child by a juvenile court officer after 18 7 consulting with the judicial district department of 18 8 correctional services, to the district court prior to the 18 9 eighteenth birthday of a child who has received a youthful 18 10 offender deferred sentence under section 907.3A. A hearing 18 11 shall be held in the district court in accordance with section 18 12 907.3A to determine whether the child should be discharged 18 13 from youthful offender status or whether the child shall 18 14 continue under the supervision of the district court after the 18 15 child's eighteenth birthday. 18 16 Sec. 31. Section 232.141, subsection 3, paragraph c, Code 18 17 1997, is amended to read as follows: 18 18 c. Costs incurred under subsection 2 which are not paid by 18 19 the county under paragraphs "a" and "b" shall be reimbursed by 18 20 the state. Reimbursement for the costs of compensation of an 18 21 attorney appointed by the court to serve as counsel or 18 22 guardian ad litem shall be made as provided in section 815.7. 18 23 A county shall apply for reimbursement to the department of 18 24 inspections and appeals which shall prescribe rules and forms 18 25 to implement this subsection. 18 26 Sec. 32. Section 232.148, subsection 2, Code 1997, is 18 27 amended to read as follows: 18 28 2. Fingerprints and photographs of a child who has been 18 29 taken into custodyand who is fourteen years of age or older18 30 may be taken and filed by a criminal or juvenile justice 18 31 agency investigating the commission of a public offense other 18 32 than a simpleor seriousmisdemeanor. The criminal or 18 33 juvenile justice agency shall forward the fingerprints to the 18 34 department of public safety for inclusion in the automated 18 35 fingerprint identification system and may also retain a copy 19 1 of the fingerprint card for comparison with latent 19 2 fingerprints and the identification of repeat offenders. 19 3 Sec. 33. Section 232.148, subsection 5, paragraph b, Code 19 4 1997, is amended to read as follows: 19 5 b. After a petition is filed, the petition is dismissed or 19 6 the proceedings are suspended and the child has not entered 19 7 into a consent decree,andhas not been adjudicated delinquent 19 8 on the basis of a delinquent act other than one alleged in the 19 9 petition in question, or has not been placed on youthful 19 10 offender status. 19 11 Sec. 34. Section 232.149, subsection 2, Code 1997, is 19 12 amended to read as follows: 19 13 2. Records and files of a criminal or juvenile justice 19 14 agency concerning a child involved in a delinquent act are 19 15 public records, except thata criminal or juvenile justice19 16agency shall notreleasethe nameofa child until a complaint19 17is filed pursuant to section 232.28 andcriminal history data 19 18is, intelligence data, and law enforcement investigatory files 19 19 is subject to the provisions of section 22.7 and chapter 692 19 20 and juvenile court social records, as defined in section 19 21 232.2, subsection 31, shall be deemed confidential criminal 19 22 identification files under section 22.7, subsection 9. The 19 23 records are subject to sealing under section 232.150 unless 19 24 the juvenile court waives its jurisdiction over the child so 19 25 that the child may be prosecuted as an adult for a public 19 26 offense. 19 27 Sec. 35. Section 232.149, Code 1997, is amended by adding 19 28 the following new subsection: 19 29 NEW SUBSECTION. 3. Notwithstanding subsection 2, if a 19 30 juvenile who has been placed in detention under section 19 31 232.22, escapes from the facility, the criminal or juvenile 19 32 justice agency may release the name of the juvenile, the facts 19 33 surrounding the escape, and the offense or alleged offense 19 34 which resulted in the placement of the juvenile in the 19 35 facility. 20 1 Sec. 36. Section 232.150, subsection 1, Code 1997, is 20 2 amended by adding the following new paragraph: 20 3 NEW PARAGRAPH. c. The person was not placed on youthful 20 4 offender status, transferred back to district court after the 20 5 youthful offender's eighteenth birthday, and sentenced for the 20 6 offense which precipitated the youthful offender placement. 20 7 Sec. 37. NEW SECTION. 279.9B REPORTS TO JUVENILE 20 8 AUTHORITIES. 20 9 The rules adopted under section 279.8 shall require, once 20 10 school officials have been notified by a juvenile court 20 11 officer that a student attending the school is under 20 12 supervision or has been placed on probation, that school 20 13 officials shall notify the juvenile court of each unexcused 20 14 absence or suspension or expulsion of the student. 20 15 Sec. 38. NEW SECTION. 280.24 PROCEDURES FOR REPORTING 20 16 DRUG OR ALCOHOL POSSESSION OR USE. 20 17 The board of directors of each public school and the 20 18 authorities in charge of each accredited nonpublic school 20 19 shall prescribe procedures to report any use or possession of 20 20 alcoholic liquor, wine, or beer or any controlled substance on 20 21 school premises to local law enforcement agencies, if the use 20 22 or possession is in violation of school policy or state law. 20 23 The procedures may include a provision which does not require 20 24 a report when the school officials have determined that a 20 25 school at-risk or other student assistance program would be 20 26 jeopardized if a student self reports. 20 27 Sec. 39. NEW SECTION. 280.25 INFORMATION SHARING. 20 28 The board of directors of each public school and the 20 29 authorities in charge of each accredited nonpublic school 20 30 shall adopt a policy and the superintendent of each public 20 31 school shall adopt rules which provide that the school 20 32 district or school may share information contained within a 20 33 student's permanent record pursuant to an interagency 20 34 agreement with state and local agencies that are part of the 20 35 juvenile justice system including the juvenile court, the 21 1 department of human services, and local law enforcement 21 2 authorities. The disclosure of information shall be directly 21 3 related to the juvenile justice system's ability to 21 4 effectively serve, prior to adjudication, the student whose 21 5 records are being released. The purpose of the agreement 21 6 shall be to reduce juvenile crime by promoting cooperation and 21 7 collaboration and the sharing of appropriate information 21 8 between the parties in a joint effort to improve school 21 9 safety, reduce alcohol and illegal drug use, reduce truancy, 21 10 reduce in-school and out-of-school suspensions, and to support 21 11 alternatives to in-school and out-of-school suspensions and 21 12 expulsions which provide structured and well-supervised 21 13 educational programs supplemented by coordinated and 21 14 appropriate services designed to correct behaviors that lead 21 15 to truancy, suspension, and expulsions and to support students 21 16 in successfully completing their education. Information 21 17 shared under the agreement shall be used solely for 21 18 determining the programs and services appropriate to the needs 21 19 of the juvenile or the juvenile's family, or coordinating the 21 20 delivery of programs and services to the juvenile or the 21 21 juvenile's family. Information shared under the agreement is 21 22 not admissible in any court proceedings which take place prior 21 23 to a disposition hearing, unless written consent is obtained 21 24 from a student's parent, guardian, or legal or actual 21 25 custodian. The interagency agreement shall provide, and each 21 26 signatory agency to the agreement shall certify in the 21 27 agreement, that confidential information shared between the 21 28 parties to the agreement shall remain confidential and shall 21 29 not be shared with any other person, unless otherwise provided 21 30 by law. 21 31 A school or school district entering into an interagency 21 32 agreement under this section shall adopt a policy implementing 21 33 the provisions of the interagency agreement. The policy shall 21 34 include, but not be limited to, the provisions of the 21 35 interagency agreement and the procedures to be used by the 22 1 school or school district to share information from the 22 2 student's permanent record with participating agencies. The 22 3 policy shall be published in the student handbook. 22 4 Sec. 40. Section 321.216B, Code 1997, is amended to read 22 5 as follows: 22 6 321.216B USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S 22 7 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL. 22 8 A person who is under the age of twenty-one, who alters or 22 9 displays or has in the person's possession a fictitious or 22 10 fraudulently altered motor vehicle license or nonoperator's 22 11 identification card and who uses the license to violate or 22 12 attempt to violate section 123.47or 123.47A, commits a simple 22 13 misdemeanor punishable by a fine of one hundred dollars. The 22 14 court shall forward a copy of the conviction or order of 22 15 adjudication under section 232.47 to the department. 22 16 Sec. 41. Section 331.653, subsection 4, Code 1997, is 22 17 amended to read as follows: 22 18 4. Provide bailiff and other law enforcement service to 22 19 the district judges, district associate judges, and associate 22 20 juvenile judges, and judicial magistrates of the county upon 22 21 request. 22 22 Sec. 42. Section 331.653, subsection 58, Code 1997, is 22 23 amended to read as follows: 22 24 58. Report information on crimes committed and delinquent 22 25 acts committed, which would beana serious or aggravated 22 26 misdemeanor or felony if committed by an adult, and furnish 22 27 disposition reports on persons arrested and juveniles taken 22 28 into custody, for a delinquent act which would beana serious 22 29 or aggravated misdemeanor or felony if committed by an adult, 22 30 and criminal complaints or information or juvenile delinquency 22 31 petitions, alleging a delinquent act which would beana 22 32 serious or aggravated misdemeanor or felony if committed by an 22 33 adult, filed in any court as provided in section 692.15. 22 34 Sec. 43. Section 602.1211, subsection 4, Code 1997, is 22 35 amended to read as follows: 23 1 4. A chief judge may designate other public officers to 23 2 accept bond money or security under section 232.23 or 811.2 at 23 3 times when the office of the clerk of court is not open. 23 4 Sec. 44. Section 602.6110, Code 1997, is amended to read 23 5 as follows: 23 6 602.6110 PEER REVIEW COURT PILOT PROJECTS. 23 7 1. A peer review courtismay be establishedas a pilot23 8programin each judicial district to divert certain youthful 23 9 offenders from the criminal or juvenile justice systems. The 23 10 court shall consist of a qualified adult to act as judgewith23 11 while the duties of prosecutor, defense counsel, court 23 12 attendant, clerk, and jurycomposed ofshall be performed by 23 13 personstentwelve through seventeen years of age. 23 14 2. The jurisdiction of the peer review court extends to 23 15 those persons ten through seventeen years of age who have 23 16 committed misdemeanor offenses, or delinquent acts which would 23 17 be misdemeanor offenses if committed by an adult,and who have23 18entered a plea of guiltywho have admitted involvement in the 23 19 misdemeanor or delinquent act,enteredand who meet the 23 20 criteria established for entering into an informal adjustment 23 21 agreement, or agreed to the entry of a consent decree tofor 23 22 those offensesin district or juvenile court. Those persons 23 23 maythenelect to appear before the peer review courtto23 24receive sentencefor a determination of the terms and 23 25 conditions of the informal adjustment or may elect to proceed 23 26 with the informal or formal procedures established in chapter 23 27 232. 23 28 3. The peer review court shall not determine guilt or 23 29 innocence and any statements or admissions made by the person 23 30 before the peer review court are not admissible in any formal 23 31 proceedings involving the same person. The peer review court 23 32 shall only determine thesentence forterms and conditions of 23 33 the informal adjustment for the offense. Thesentenceterms 23 34 and conditions may consist of fines, restrictions for damages, 23 35 attendance at treatment programs, or community service work or 24 1 any combination of these penalties as appropriate to the 24 2 offense or delinquent act committed. A person appearing 24 3 before the peer review court may also be required to serve as 24 4 a juror on the court as a part of the person's sentence. 24 53.4.Subject to the agreement of the chief judge of the24 6judicial district, the supreme court shall designate two24 7judicial districts in which to locate a peer review court24 8pilot project.The chief judge oftheeach judicial district 24 9 which establishes a peer review court shall appoint a peer 24 10 review court advisory board. The advisory board shall adopt 24 11 rules for the peer review court advisory program, shall 24 12 appoint persons to serve on the peer review court, and shall 24 13 supervise the expenditure of funds appropriated to the 24 14 program. Rules adopted shall include procedures which are 24 15 designed to eliminate the influence of prejudice and racial 24 16 and economic discrimination in the procedures and decisions of 24 17 the peer review court. 24 18 Sec. 45. Section 602.8102, subsection 125, Code 1997, is 24 19 amended to read as follows: 24 20 125. Furnish a disposition of each criminal complaint or 24 21 information or juvenile delinquency petition, alleging a 24 22 delinquent act which would beana serious or aggravated 24 23 misdemeanor or felony if committed by an adult, filed in the 24 24 district or juvenile court to the department of public safety 24 25 as provided in section 692.15. 24 26 Sec. 46. Section 692.1, subsections 1 and 9, Code 1997, 24 27 are amended to read as follows: 24 28 1. "Adjudication data" means information that an 24 29 adjudication of delinquency for an act which would beana 24 30 serious or aggravated misdemeanor or felony if committed by an 24 31 adult was entered against a juvenile and includes the date and 24 32 location of the delinquent act and the place and court of 24 33 adjudication. 24 34 9. "Custody data" means information pertaining to the 24 35 taking into custody, pursuant to section 232.19, of a juvenile 25 1 for a delinquent act which would beana serious or aggravated 25 2 misdemeanor or felony if committed by an adult, and includes 25 3 the date, time, place, and facts and circumstances of the 25 4 delinquent act. Custody data includes warrants for the taking 25 5 into custody for all delinquent acts outstanding and not 25 6 served and includes the filing of a petition pursuant to 25 7 section 232.35, the date and place of the alleged delinquent 25 8 act, and the county of jurisdiction. 25 9 Sec. 47. Section 724.26, Code 1997, is amended to read as 25 10 follows: 25 11 724.26 RECEIPT, TRANSPORTATION, AND DOMINION AND CONTROL 25 12 OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS. 25 13 A person who is convicted of a felony in a state or federal 25 14 court, or who is adjudicated delinquent on the basis of 25 15 conduct that would constitute a felony if committed by an 25 16 adult, and who knowingly has under the person's dominion and 25 17 control, receives, or transports or causes to be transported a 25 18 firearm or offensive weapon is guilty of a class "D" felony. 25 19 Sec. 48. Section 805.8, subsection 10, paragraphs a and b, 25 20 Code 1997, are amended by striking the paragraphs. 25 21 Sec. 49. Section 805.16, subsection 1, Code 1997, is 25 22 amended to read as follows: 25 23 1. Except as provided in subsection 2 of this section, a 25 24 peace officer shall issue a police citation or uniform 25 25 citation and complaint, in lieu of making a warrantless 25 26 arrest, to a person under eighteen years of age accused of 25 27 committing a simple misdemeanor under chapter 321, 321G, 461A, 25 28 461B, 462A, 481A, 481B, 483A, 484A, 484B,section 123.47,or a 25 29 local ordinance not subject to the jurisdiction of the 25 30 juvenile court, and shall not detain or confine the person in 25 31 a facility regulated under chapter 356 or 356A. 25 32 Sec. 50. Section 815.7, Code 1997, is amended to read as 25 33 follows: 25 34 815.7 FEES TO ATTORNEYS. 25 35 An attorney who has not entered into a contract authorized 26 1 under section 13B.4 and who is appointed by the court to 26 2 represent any person charged with a crime in this state or to 26 3 serve as counsel or guardian ad litem to a person in juvenile 26 4 court in this state shall be entitled to a reasonable 26 5 compensation which shall be the ordinary and customary charges 26 6 for like services in the community to be decided in each case 26 7 by a judge of the district court or of the juvenile court, as 26 8 applicable, including such sum or sums as the court may 26 9 determine are necessary for investigation in the interests of 26 10 justice and in the event of appeal the cost of obtaining the 26 11 transcript of the trial and the printing of the trial record 26 12 and necessary briefs in behalf of the defendant. However, the 26 13 reasonable compensation awarded an attorney shall not be 26 14 calculated based upon an hourly rate that exceeds the rate a 26 15 contract attorney as provided in section 13B.4 would receive 26 16 in a similar case. Such attorney need not follow the case 26 17 into another county or into the appellate court unless so 26 18 directed by the court at the request of the defendant, where 26 19 grounds for further litigation are not capricious or 26 20 unreasonable, but if such attorney does so, the attorney's fee 26 21 shall be determined accordingly. Only one attorney fee shall 26 22 be so awarded in any one case except that in class "A" felony 26 23 cases, two may be authorized. 26 24 Sec. 51. NEW SECTION. 907.3A YOUTHFUL OFFENDER DEFERRED 26 25 SENTENCE YOUTHFUL OFFENDER STATUS. 26 26 1. Notwithstanding section 907.3 but subject to any 26 27 conditions of the waiver order, the trial court shall, upon a 26 28 plea of guilty or a verdict of guilty, defer sentence of a 26 29 youthful offender over whom the juvenile court has waived 26 30 jurisdiction pursuant to section 232.45, subsection 6A, and 26 31 place the juvenile on youthful offender status. The court 26 32 shall transfer supervision of the youthful offender to the 26 33 juvenile court for disposition in accordance with section 26 34 232.52. The court shall require supervision of the youthful 26 35 offender in accordance with section 232.54, subsection 8 or 27 1 subsection 2, of this section. Notwithstanding section 901.2, 27 2 a presentence investigation shall not be ordered by the court 27 3 subsequent to an entry of a plea of guilty or verdict of 27 4 guilty or prior to deferral of sentence of a youthful offender 27 5 under this section. 27 6 2. The court shall hold a hearing prior to a youthful 27 7 offender's eighteenth birthday to determine whether the 27 8 youthful offender shall continue on youthful offender status 27 9 after the youthful offender's eighteenth birthday under the 27 10 supervision of the court or be discharged. The court shall 27 11 review the report of the juvenile court regarding the youthful 27 12 offender and shall hear evidence by or on behalf of the 27 13 youthful offender, by the county attorney, and by the person 27 14 or agency to whom custody of the youthful offender was 27 15 transferred. The court shall make its decision after 27 16 considering the services available to the youthful offender, 27 17 the evidence presented, the juvenile court's report, the 27 18 interests of the youthful offender, and interests of the 27 19 community. 27 20 3. Notwithstanding any provision of the Code which 27 21 prescribes a mandatory minimum sentence for the offense 27 22 committed by the youthful offender, following transfer of the 27 23 youthful offender from the juvenile court back to the court 27 24 having jurisdiction over the criminal proceedings involving 27 25 the youthful offender, the court may continue the youthful 27 26 offender deferred sentence or enter a sentence, which may be a 27 27 suspended sentence. Notwithstanding anything in section 907.7 27 28 to the contrary, if the district court either continues the 27 29 youthful offender deferred sentence or enters a sentence, 27 30 suspends the sentence, and places the youthful offender on 27 31 probation, the term of formal supervision shall commence upon 27 32 entry of the order by the district court and may continue for 27 33 a period not to exceed five years. If the district court 27 34 enters a sentence of confinement, and the youthful offender 27 35 was previously placed in secure confinement by the juvenile 28 1 court under the terms of the initial disposition order or any 28 2 modification to the initial disposition order, the person 28 3 shall receive credit for any time spent in secure confinement. 28 4 During any period of probation imposed by the district court, 28 5 a youthful offender who violates the terms of probation is 28 6 subject to section 908.11. 28 7 Sec. 52. Section 908.11, Code 1997, is amended to read as 28 8 follows: 28 9 908.11 VIOLATION OF PROBATION. 28 10 A probation officer or the judicial district department of 28 11 correctional services having probable cause to believe that 28 12 any person released on probation has violated the conditions 28 13 of probation shall proceed by arrest or summons as in the case 28 14 of a parole violation. The functions of the liaison officer 28 15 and the board of parole shall be performed by the judge or 28 16 magistrate who placed the alleged violator on probation if 28 17 that judge or magistrate is available, otherwise by another 28 18 judge or magistrate who would have had jurisdiction to try the 28 19 original offense. If the probation officer proceeds by 28 20 arrest, any magistrate may receive the complaint, issue an 28 21 arrest warrant, or conduct the initial appearance and probable 28 22 cause hearing if it is not convenient for the judge who placed 28 23 the alleged violator on probation to do so. The initial 28 24 appearance, probable cause hearing, and probation revocation 28 25 hearing, or any of them, may at the discretion of the court be 28 26 merged into a single hearing when it appears that the alleged 28 27 violator will not be prejudiced thereby. If the violation is 28 28 established, the court may continue the probation or youthful 28 29 offender status with or without an alteration of the 28 30 conditions of probation or a youthful offender status. If the 28 31 defendant is an adult or a youthful offender the court may 28 32 hold the defendant in contempt of court and sentence the 28 33 defendant to a jail term while continuing the probation or 28 34 youthful offender status, order the defendant to be placed in 28 35 a violator facility established pursuant to section 904.207 29 1 while continuing the probation or youthful offender status, or 29 2 revoke the probation or youthful offender status and require 29 3 the defendant to serve the sentence imposed or any lesser 29 4 sentence, and, if imposition of sentence was deferred, may 29 5 impose any sentence which might originally have been imposed. 29 6 Sec. 53. Section 910A.5, subsection 3, Code 1997, is 29 7 amended to read as follows: 29 8 3. If a complaint is filed under section 232.28, alleging 29 9 a child has committed a delinquent act, the alleged victim may 29 10 file a signed victim impact statement with the juvenile court 29 11 as provided by section 232.28. The victim impact statement 29 12 shall be considered by the court and the juvenile court 29 13 officer handling the complaint in any proceeding or informal 29 14 adjustment associated with the complaint. Unless the matter 29 15 is disposed of at the preliminary inquiry conducted by the 29 16 intake officer under section 232.28, the victim may also be 29 17 allowed to orally present the victim impact statement. 29 18 Sec. 54. Section 123.47A, Code 1997, is repealed. 29 19 Sec. 55. JUVENILE JUSTICE INTERIM STUDY. The legislative 29 20 council is requested to establish an interim study committee 29 21 consisting of members of both political parties from both 29 22 houses of the general assembly to review and consider the need 29 23 for improvements in the laws and programs established to 29 24 reform juvenile delinquents and reduce juvenile crime. The 29 25 study may include but is not limited to the review of the need 29 26 for improvements in the current juvenile justice system, the 29 27 youthful offender program, the programs established to combat 29 28 substance abuse by juveniles, and the coordination of programs 29 29 and information between the juvenile and adult criminal 29 30 justice systems. The committee shall submit its findings, 29 31 together with any recommendations, in a report to the general 29 32 assembly which convenes in January 1998. 29 33 29 34 29 35 30 1 MARY E. KRAMER 30 2 President of the Senate 30 3 30 4 30 5 30 6 RON J. CORBETT 30 7 Speaker of the House 30 8 30 9 I hereby certify that this bill originated in the Senate and 30 10 is known as Senate File 515, Seventy-seventh General Assembly. 30 11 30 12 30 13 30 14 MARY PAT GUNDERSON 30 15 Secretary of the Senate 30 16 Approved , 1997 30 17 30 18 30 19 30 20 TERRY E. BRANSTAD 30 21 Governor
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