Text: HF00478 Text: HF00480 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 232.192 HOME CAMPUS PROGRAM FOR 1 2 JUVENILE DELINQUENTS SURCHARGE – ESTABLISHED. 1 3 1. A home campus program for juvenile delinquents 1 4 surcharge shall be levied against certain law violators as 1 5 provided in subsection 2, and used in the manner provided in 1 6 section 232.193. 1 7 2. When a court imposes a fine or forfeiture for a 1 8 violation of a state law or of a city or county ordinance 1 9 except an ordinance regulating the parking of motor vehicles, 1 10 the court shall assess an additional penalty in the form of a 1 11 surcharge equal to ten dollars. In the event of multiple 1 12 offenses, the surcharge shall be based upon the total number 1 13 of offenses. When a fine or forfeiture is suspended in whole 1 14 or in part, the surcharge shall not be reduced. The surcharge 1 15 is subject to the provisions of chapter 909 governing the 1 16 payment and collection of fines, as provided in section 909.8. 1 17 3. When a court assesses a surcharge under subsection 2, 1 18 notwithstanding any other provision of the Code to the 1 19 contrary, proceeds from the surcharge shall be deposited in 1 20 the home campus for juvenile delinquents fund established in 1 21 section 232.193. 1 22 Sec. 2. NEW SECTION. 232.193 HOME CAMPUS PROGRAM FOR 1 23 JUVENILE DELINQUENTS FUND. 1 24 A home campus program for juvenile delinquents fund is 1 25 established as a separate and distinct fund in the treasury of 1 26 the state. All moneys remitted to the treasurer of state from 1 27 the home campus program for juvenile delinquents surcharge 1 28 shall be deposited in the fund. Moneys in the fund may be 1 29 appropriated for use in the improvement, expansion, 1 30 construction, maintenance, and operation of buildings, 1 31 equipment, or other projects which are part of a home campus 1 32 program for juvenile delinquents. The treasurer of state 1 33 shall act as custodian of the fund and disburse moneys from 1 34 the fund as directed in appropriations made by the general 1 35 assembly for this purpose. Notwithstanding section 12C.7, 2 1 subsection 2, any interest or earnings from moneys deposited 2 2 in the fund shall be credited to the fund. Notwithstanding 2 3 section 8.33, any unencumbered or unobligated receipts in the 2 4 fund at the close of a fiscal year shall not revert to any 2 5 other fund but shall remain available for appropriation in 2 6 succeeding fiscal years. 2 7 Sec. 3. Section 331.302, subsection 2, Code 1999, is 2 8 amended to read as follows: 2 9 2. A county shall not provide a penalty in excess of a one 2 10 hundred dollar fine or in excess of thirty days imprisonment 2 11 for the violation of an ordinance. The criminal penalty 2 12 surcharge required by section 911.2 and the home campus 2 13 program for juvenile delinquents surcharge under section 2 14 232.192 shall be added to a county fine andisare not a part 2 15 of the county's penalty. 2 16 Sec. 4. Section 364.3, subsection 2, Code 1999, is amended 2 17 to read as follows: 2 18 2. A city shall not provide a penalty in excess of a one 2 19 hundred dollar fine or in excess of thirty days imprisonment 2 20 for the violation of an ordinance. An amount equal to ten 2 21 percent of all fines collected by cities shall be deposited in 2 22 the account established in section 602.8108. However, one 2 23 hundred percent of all fines collected by a city pursuant to 2 24 section 321.236, subsection 1, shall be retained by the city. 2 25 The criminal penalty surcharge required by section 911.2 and 2 26 the home campus program for juvenile delinquents surcharge 2 27 under section 232.192 shall be added to a city fine andisare 2 28 not a part of the city's penalty. 2 29 Sec. 5. Section 602.8107, subsection 4, unnumbered 2 30 paragraph 2, Code 1999, is amended to read as follows: 2 31 This subsection does not apply to amounts collected for 2 32 victim restitution, the victim compensation fund, criminal 2 33 penalty surcharge, the home campus program for juvenile 2 34 delinquents surcharge, amounts collected as a result of 2 35 procedures initiated under subsection 5 or under section 3 1 421.17, subsection 25, or sheriff's room and board fees. 3 2 Sec. 6. Section 805.8, subsection 1, Code 1999, is amended 3 3 to read as follows: 3 4 1. APPLICATION. Except as otherwise indicated, violations 3 5 of sections of the Code specified in this section are 3 6 scheduled violations, and the scheduled fine for each of those 3 7 violations is as provided in this section, whether the 3 8 violation is of state law or of a county or city ordinance. 3 9 The criminal penalty surcharge required by section 911.2 and 3 10 the home campus program for juvenile delinquents surcharge 3 11 under section 232.192 shall be added to the scheduled fine. 3 12 Sec. 7. Section 805.8, subsection 11, paragraph a, Code 3 13 1999, is amended to read as follows: 3 14 a. For violations of section 142B.6, the scheduled fine is 3 15 twenty-five dollars, and is a civil penalty, and the criminal 3 16 penalty surcharge under section 911.2 and the home campus 3 17 program for juvenile delinquents surcharge under section 3 18 232.192 shall not be added to the penalty, and the court costs 3 19 pursuant to section 805.9, subsection 6, shall not be imposed. 3 20 If the civil penalty assessed for a violation of section 3 21 142B.6 is not paid in a timely manner, a citation shall be 3 22 issued for the violation in the manner provided in section 3 23 804.1. However, a person under age eighteen shall not be 3 24 detained in a secure facility for failure to pay the civil 3 25 penalty. The complainant shall not be charged a filing fee. 3 26 Sec. 8. Section 805.8, subsection 11, paragraph b, 3 27 subparagraph (1), unnumbered paragraph 1, Code 1999, is 3 28 amended to read as follows: 3 29 For violations of section 453A.2, subsection 2, the 3 30 scheduled fine is as follows and is a civil penalty, and the 3 31 criminal penalty surcharge under section 911.2 and the home 3 32 campus program for juvenile delinquents surcharge under 3 33 section 232.192 shall not be added to the penalty, and the 3 34 court costs pursuant to section 805.9, subsection 6, shall not 3 35 be imposed: 4 1 Sec. 9. Section 902.9, unnumbered paragraph 2, Code 1999, 4 2 is amended to read as follows: 4 3 The criminal penalty surcharge required by section 911.2 4 4 and the home campus program for juvenile delinquents surcharge 4 5 under section 232.192 shall be added to a fine imposed on a 4 6 class "C" or class "D" felon, as provided bythat section4 7 those sections, andisare not a part of or subject to the 4 8 maximums set in this section. 4 9 Sec. 10. Section 903.1, subsection 4, Code 1999, is 4 10 amended to read as follows: 4 11 4. The criminal penalty surcharge required by section 4 12 911.2 and the home campus program for juvenile delinquents 4 13 surcharge under section 232.192 shall be added to a fine 4 14 imposed on a misdemeanant, andisare not a part of or subject 4 15 to the maximums set in this section. 4 16 Sec. 11. Section 909.8, Code 1999, is amended to read as 4 17 follows: 4 18 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO CRIMINAL 4 19 PENALTYSURCHARGEAND HOME CAMPUS PROGRAM FOR JUVENILE 4 20 DELINQUENTS SURCHARGES. 4 21 The provisions of this chapter governing the payment and 4 22 collection of a fine, except section 909.3A, also apply to the 4 23 payment and collection of a criminal penalty surcharge imposed 4 24 pursuant to chapter 911 and the home campus program for 4 25 juvenile delinquents surcharge under section 232.192. 4 26 Sec. 12. Section 909.10, subsection 1, Code 1999, is 4 27 amended to read as follows: 4 28 1. As used in this section, unless the context otherwise 4 29 requires, "delinquent amounts" means a fine, court-imposed 4 30 court costs in a criminal proceeding,orcriminal surcharge 4 31 imposed pursuant to section 911.2, or the home campus program 4 32 for juvenile delinquents surcharge under section 232.192, 4 33 which remains unpaid after two years from the date that the 4 34 fine, court costs, or surcharge was imposed, and which is not 4 35 collected by the county attorney pursuant to section 602.8107. 5 1 However, if the fine may be paid in installments pursuant to 5 2 section 909.3, the fine is not a delinquent amount unless the 5 3 installment remains unpaid after two years from the date the 5 4 installment was due. 5 5 Sec. 13. JUVENILE FACILITIES AND SERVICES INTERIM STUDY. 5 6 The legislative council is requested to authorize an interim 5 7 study pertaining to the use of resources and facilities to 5 8 provide rehabilitative services to delinquent juveniles. The 5 9 study shall include an examination of the various federal, 5 10 state, and local public and private agencies involved in 5 11 providing services to delinquent juveniles; the availability 5 12 of current federal, state, local, and private funding for 5 13 programming for juveniles who are the subject of a delinquency 5 14 petition; the types and administration of facilities which 5 15 provide programming for delinquent juveniles; and various 5 16 alternative and innovative approaches taken in other states to 5 17 provide juvenile delinquency services. The findings from the 5 18 study, as well as any recommendations for other legislative 5 19 action, shall be included in a report to the general assembly 5 20 which convenes in January 2000. 5 21 EXPLANATION 5 22 This bill establishes a surcharge and a fund for a home 5 23 campus program for juvenile delinquents. The bill also 5 24 contains a request for a legislative interim study of juvenile 5 25 delinquency programming. 5 26 Under the bill, when a court imposes a fine or forfeiture 5 27 for a violation of a state law or of a city or county 5 28 ordinance other than an ordinance regulating motor vehicle 5 29 parking, the court is to assess an additional $10 surcharge 5 30 per offense. The surcharge money is to be deposited in a 5 31 special fund in the state treasury and disbursed through 5 32 appropriations made by the general assembly for a home campus 5 33 program for juvenile delinquents. The treasurer of state is 5 34 to act as the custodian of the fund. The fund is to be 5 35 credited with interest and earnings on moneys in the fund and 6 1 moneys in the fund do not revert to any other fund. 6 2 The bill also contains a request to the legislative council 6 3 to establish a legislative interim study pertaining to 6 4 juvenile delinquency programming. The study is to include an 6 5 examination of the various federal, state, and local public 6 6 and private agencies involved in providing services to 6 7 delinquent juveniles; the availability of current federal, 6 8 state, local, and private funding for programming for 6 9 juveniles who are the subject of a delinquency petition; the 6 10 types and administration of facilities which provide 6 11 programming for delinquent juveniles; and various alternative 6 12 and innovative approaches taken in other states to provide 6 13 juvenile delinquency services. A report containing the study 6 14 findings and any recommendations for legislative action is to 6 15 be submitted to the general assembly which convenes in January 6 16 2000. 6 17 LSB 2663YH 78 6 18 jp/jw/5.1
Text: HF00478 Text: HF00480 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00400/HF00479/990303.html
jhf