Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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, inIn 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 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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