Text: HF02265 Text: HF02267 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.22, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4A. The requirement in subsection 4 for 1 4 the oral or written order of a judge or magistrate is 1 5 suspended and the time limits for detention of a child in a 1 6 facility intended or used for adults may be exceeded for the 1 7 following reasons and time periods, provided all other 1 8 requirements of subsection 4 are complied with: 1 9 a. If the child is detained in a facility located such 1 10 that the distance to be traveled or the lack of highway, road, 1 11 or other ground transportation does not allow for the holding 1 12 of a detention hearing in accordance with section 232.44 1 13 within the twenty-four-hour period specified in subsection 4, 1 14 the child may be detained for an additional period of not more 1 15 than forty-eight hours. 1 16 b. If the child is detained in a facility located where 1 17 hazardous conditions exist that do not permit reasonably safe 1 18 travel to a detention hearing in accordance with section 1 19 232.44, including but not limited to severely adverse, life- 1 20 threatening weather conditions, the child may be detained 1 21 until twenty-four hours after the time that conditions would 1 22 permit reasonably safe travel. 1 23 Sec. 2. Section 232.44, subsection 1, unnumbered paragraph 1 24 1, Code 1999, is amended to read as follows: 1 25 A hearing shall be held within forty-eight hours, excluding 1 26 Saturdays, Sundays, and legal holidays, of the time of the 1 27 child's admission to a shelter care facility, and. If the 1 28 child is detained in accordance with section 232.22, 1 29 subsection 4A, a hearing shall be held within the maximum time 1 30 period allowed for the child's detention, otherwise the 1 31 hearing shall be held within twenty-four hours, excluding 1 32 Saturdays, Sundays, and legal holidays, of the time of a 1 33 child's admission to a detention facility. If the hearing is 1 34 not held within the time specified, the child shall be 1 35 released from shelter care or detention. Prior to the hearing 2 1 a petition shall be filed, except where the child is already 2 2 under the supervision of a juvenile court under a prior 2 3 judgment. 2 4 EXPLANATION 2 5 This bill relates to requirements for detaining a juvenile 2 6 in a facility intended or used for the detention of adults. 2 7 Under current law in Code section 232.22, subsection 4, a 2 8 child may be held with a judge's or magistrate's order for 2 9 more than six hours but less than 24 hours in a facility 2 10 intended or used for the detention of adults provided all of 2 11 the following conditions are met: the child is at least age 2 12 14; the child's conduct indicates the child constitutes an 2 13 immediate and serious danger to another or to the property of 2 14 another, and a juvenile detention facility or other suitable 2 15 place is unavailable, or the court determines that the child's 2 16 conduct or condition endangers the safety of others in the 2 17 facility; the facility has an adequate staff to supervise and 2 18 monitor the child's activities at all times; and the child is 2 19 confined in a room entirely separated from detained adults, is 2 20 confined in a manner which prohibits communication with 2 21 detained adults, and is permitted to use common areas of the 2 22 facility only when no contact with detained adults is 2 23 possible. 2 24 Under the bill, the requirement for a judge's or 2 25 magistrate's order is suspended and the 24-hour time limit for 2 26 detention in the adult facility may be exceeded under either 2 27 of the following circumstances: if the child is detained in a 2 28 facility located such that the distance to be traveled or the 2 29 lack of highway, road, or other ground transportation does not 2 30 allow for the holding of a detention hearing within the 24- 2 31 hour period specified in subsection 4, the child may be 2 32 detained for an additional period of not more than 48 hours; 2 33 or if the child is detained in a facility located where 2 34 hazardous conditions exist that do not permit reasonably safe 2 35 travel to a detention hearing, including but not limited to 3 1 severely adverse, life-threatening weather conditions, the 3 2 child may be detained until 24 hours after the time that 3 3 conditions would permit reasonably safe travel. 3 4 Code section 232.44, relating to detention and shelter care 3 5 hearings, is amended to allow the detention hearing to be held 3 6 later than 24 hours after the child's admission to detention 3 7 when the circumstances described in the bill exist. 3 8 LSB 6461HH 78 3 9 jp/cls/14
Text: HF02265 Text: HF02267 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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