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House File 2504

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.2, subsection 5, Code Supplement
  1  2 2001, is amended to read as follows:
  1  3    5.  "Child" means a person under eighteen years of age,
  1  4 except as provided in section 232.22.
  1  5    Sec. 2.  Section 232.22, subsection 1, unnumbered paragraph
  1  6 1, Code Supplement 2001, is amended to read as follows:
  1  7    For purposes of this section, "child" includes a person
  1  8 eighteen years of age or older who has been adjudicated
  1  9 delinquent and remains within the jurisdiction of the court
  1 10 under section 232.53, or who meets the definition of a
  1 11 delinquent juvenile in section 232.171, article III.  A child
  1 12 shall not be placed in detention unless one of the following
  1 13 conditions is met:
  1 14    Sec. 3.  Section 234.35, subsection 3, Code Supplement
  1 15 2001, is amended to read as follows:
  1 16    3.  Payment for foster care services provided to a child
  1 17 who is eighteen years of age or older shall be limited to the
  1 18 following:
  1 19    a.  For a child who is eighteen years of age, family foster
  1 20 care, group foster care, or independent living arrangements.
  1 21    b.  For a child who is nineteen years of age, independent
  1 22 living arrangements.
  1 23    c.  For a child who is at imminent risk of becoming
  1 24 homeless or failing to graduate from high school or to obtain
  1 25 a graduate equivalency diploma, or to complete a treatment
  1 26 program, if the services are in the child's best interests,
  1 27 funding is available for the services, and an appropriate
  1 28 alternative service is unavailable.
  1 29    Sec. 4.  Section 803.6, Code 2001, is amended to read as
  1 30 follows:
  1 31    803.6  TRANSFER OF JURISDICTION – JUVENILE.
  1 32    1.  The court, in In the case of a juvenile who is alleged
  1 33 to have committed a criminal offense listed in section 232.8,
  1 34 subsection 1, paragraph "c", the court on its own motion or
  1 35 upon a motion by the defendant, may direct a juvenile court
  2  1 officer to provide a report regarding whether the child should
  2  2 be transferred to juvenile court for adjudication and
  2  3 disposition as a juvenile or be prosecuted as a youthful
  2  4 offender.
  2  5    2.  If the court believes that transfer may be appropriate
  2  6 the court shall hold a hearing on whether the child should be
  2  7 transferred to juvenile court or be prosecuted as a youthful
  2  8 offender.  A notice of the time and place of the transfer
  2  9 hearing shall be given to all parties to the case.  Prior to
  2 10 the hearing, the court shall provide the defendant's counsel
  2 11 and the county attorney with access to the report provided by
  2 12 the juvenile court officer and to all written material to be
  2 13 considered by the court.
  2 14    3.  After the hearing, the court may transfer jurisdiction
  2 15 to the juvenile court if the court determines that waiver to
  2 16 the criminal court would be inappropriate under the criteria
  2 17 set forth in section 232.45, subsection 6, paragraph "c", and
  2 18 section 232.45, subsection 8.  In the alternative, and after
  2 19 considering the criteria set forth in section 232.45,
  2 20 subsections 7 and 9, the court may order prosecution as a
  2 21 youthful offender pursuant to section 907.3A.
  2 22    4.  If after the hearing the court transfers jurisdiction
  2 23 over the defendant to the juvenile court for the alleged
  2 24 commission of the public offense, the court shall forward the
  2 25 transfer order together with all papers, documents, and a
  2 26 transcript of all testimony filed or admitted into evidence in
  2 27 connection with the case to the clerk of the juvenile court in
  2 28 the same manner as provided in section 232.8, subsection 2.
  2 29 If the court orders the juvenile to be prosecuted as a
  2 30 youthful offender, the juvenile shall be prosecuted pursuant
  2 31 to the procedures set out in section 907.3A.
  2 32    5.  A defendant transferred to the jurisdiction of the
  2 33 juvenile court shall be placed in detention under section
  2 34 232.22, or continue under previously set bond conditions.  A
  2 35 juvenile prosecuted as a youthful offender shall be detained
  3  1 pursuant to section 232.23.  A determination pursuant to
  3  2 section 232.23, subsection 2, may be made by the district
  3  3 court based upon evidence submitted at the hearing.  
  3  4                           EXPLANATION
  3  5    This bill relates to juveniles in the youthful offender
  3  6 program, to the jurisdiction of the juvenile court, and to a
  3  7 person 18 years of age or older within the jurisdiction of the
  3  8 juvenile court.
  3  9    The bill provides that a person 18 years of age or older
  3 10 may be placed in detention if the juvenile court has
  3 11 jurisdiction over the person under Code section 232.53.  The
  3 12 bill also provides that a person 18 years of age may be placed
  3 13 in detention if the juvenile court has jurisdiction pursuant
  3 14 to the juvenile interstate compact in Code section 232.171.
  3 15 Generally, the juvenile court has jurisdiction over a person
  3 16 until the person reaches the age of 18.  However, the juvenile
  3 17 court may maintain jurisdiction for a period of time after the
  3 18 age of 18, if the person committed a delinquent act just prior
  3 19 to reaching the age of 18, or if the person is eligible for
  3 20 services or if the person is from another state that has
  3 21 different jurisdictional requirements.
  3 22    The bill also provides that the department of human
  3 23 services may pay for group foster care services for a person
  3 24 who is 18 years of age.  The bill permits the department to
  3 25 pay for a treatment program until completion for a person who
  3 26 is 18 years of age or older.
  3 27    The bill provides that a juvenile who is alleged to have
  3 28 committed a crime which is excluded from the jurisdiction of
  3 29 juvenile court, may petition, or the court on its own motion,
  3 30 may hold a hearing to determine if the juvenile should be
  3 31 transferred to juvenile court for disposition and adjudication
  3 32 or be prosecuted as a youthful offender.  
  3 33 LSB 6187YH 79
  3 34 jm/cf/24
     

Text: HF02503                           Text: HF02505
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Bills and Amendments: General Index     Bill History: General Index

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