House File 260
HOUSE FILE
BY McCARTHY, BAUDLER,
J. R. VAN FOSSEN,
and LUKAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to an informal adjustment of a complaint in
2 juvenile court and the filing of a petition.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2376YH 80
5 jm/pj/5
PAG LIN
1 1 Section 1. Section 232.2, subsection 25, Code 2003, is
1 2 amended to read as follows:
1 3 25. "Informal adjustment agreement" means an agreement,
1 4 subject to the provisions of section 235.35, between an intake
1 5 officer, a child who is the subject of a complaint, and the
1 6 child's parent, guardian or custodian providing for the
1 7 informal adjustment of the complaint.
1 8 Sec. 2. Section 232.28, subsections 6, 7, and 8, Code
1 9 2003, are amended to read as follows:
1 10 6. The intake officer, after consultation with the county
1 11 attorney when necessary, shall determine whether the complaint
1 12 is legally sufficient for the filing of a petition. A
1 13 complaint shall be deemed legally sufficient for the filing of
1 14 a petition if the facts as alleged are sufficient to establish
1 15 the jurisdiction of the court and probable cause to believe
1 16 that the child has committed a delinquent act. If the intake
1 17 officer determines that the complaint is legally sufficient to
1 18 support the filing of a petition, the officer, subject to the
1 19 provisions of section 232.35, shall determine whether the
1 20 interests of the child and the public will best be served by
1 21 the dismissal of the complaint, the informal adjustment of the
1 22 complaint, or the filing of a petition.
1 23 7. If the intake officer determines that the complaint is
1 24 not legally sufficient for the filing of a petition or that
1 25 further proceedings are not in the best interests of the child
1 26 or the public, the intake officer shall dismiss the complaint,
1 27 subject to the provisions of section 232.35.
1 28 8. If the intake officer determines that the complaint is
1 29 legally sufficient for the filing of a petition and that an
1 30 informal adjustment of the complaint is in the best interests
1 31 of the child and the community, the officer may make an
1 32 informal adjustment of the complaint in accordance with
1 33 section the provisions of sections 232.29 and 232.35.
1 34 Sec. 3. Section 232.29, subsection 1, Code 2003, is
1 35 amended by adding the following new paragraph:
2 1 NEW PARAGRAPH. bb. The intake officer shall advise the
2 2 child and the child's parent, guardian, or custodian, verbally
2 3 and in writing that the county attorney has the right to
2 4 rescind the informal adjustment agreement and file a petition.
2 5 Sec. 4. Section 232.35 subsection 3, Code 2003, is amended
2 6 to read as follows:
2 7 3. If the intake officer determines that a complaint is
2 8 not legally sufficient for the filing of a petition or that
2 9 the filing of a petition would not be in the best interests of
2 10 the child and the community, the officer shall notify the
2 11 complainant of the officer's determination and the reasons for
2 12 such determination, and shall advise the complainant that the
2 13 complainant may submit the complaint to the county attorney
2 14 for review. If the intake officer determines that a complaint
2 15 is not legally sufficient or that the filing of a petition is
2 16 not in the best interests of the child and the community, the
2 17 intake officer shall notify the county attorney of that
2 18 determination in order for the county attorney to review that
2 19 determination if the county attorney so chooses. Upon
2 20 receiving a request for review by a complainant or choosing to
2 21 review the determination by an intake officer, the county
2 22 attorney shall consider the facts presented by the
2 23 complainant, consult with the intake officer and make the
2 24 final determination as to whether a petition should be filed.
2 25 In the absence of a request by the complainant for a review of
2 26 the intake officer's determination that a petition should not
2 27 be filed, the intake officer's determination shall be final,
2 28 and the intake officer shall inform the county attorney of
2 29 this decision concerning complaints involving allegations of
2 30 acts which, if committed by an adult, would constitute an
2 31 aggravated misdemeanor or a felony unless the county attorney
2 32 chooses to review the intake officer's determination.
2 33 Sec. 5. Section 232.35, Code 2003, is amended by adding
2 34 the following new subsection:
2 35 NEW SUBSECTION. 4. The chief juvenile court officer and
3 1 the county attorney shall determine categories of complaints
3 2 that may be subject to informal adjustment as provided in
3 3 section 232.29. However, a complaint shall not be informally
3 4 adjusted over the objection of the county attorney and the
3 5 county attorney may rescind an informal adjustment agreement
3 6 at any time and file a petition. The chief juvenile court
3 7 officer shall submit to the county attorney on a monthly basis
3 8 an Iowa court information system report detailing the
3 9 complaints informally adjusted in the prior month.
3 10 EXPLANATION
3 11 This bill relates to an informal adjustment of a complaint
3 12 in juvenile court and the filing of a petition.
3 13 The bill provides that the chief juvenile court officer and
3 14 the county attorney shall determine categories of complaints
3 15 in juvenile court that may be subject to an informal
3 16 adjustment. The bill provides that a complaint shall not be
3 17 informally adjusted by an intake officer in juvenile court
3 18 over the objection of the county attorney. If an intake
3 19 officer in juvenile court makes a determination that a
3 20 complaint is not legally sufficient, or is not in the best
3 21 interests of the child and the community, the bill requires
3 22 the intake officer to notify the county attorney of that
3 23 determination in order for the county attorney to make the
3 24 final determination if the county attorney so chooses. The
3 25 bill also provides that a county attorney may rescind, at any
3 26 time, an informal adjustment agreement and file a petition in
3 27 juvenile court. The bill also provides that the chief
3 28 juvenile court officer on a monthly basis submit to the county
3 29 attorney a report detailing the complaints informally adjusted
3 30 the prior month.
3 31 Code section 232.2(24) defines "informal adjustment" to
3 32 mean the disposition of a complaint without the filing of a
3 33 petition which may include placement of the child on
3 34 nonjudicial probation, provision of intake services, and
3 35 referral of the child to a public or private agency other than
4 1 the court for services.
4 2 Under current provisions, an informal adjustment is an
4 3 agreement between an intake officer in juvenile court, the
4 4 juvenile, and the parents of the juvenile which cannot be
4 5 rescinded by the county attorney. Current law also provides
4 6 that if an intake officer in juvenile court makes a
4 7 determination that a complaint is not legally sufficient, or
4 8 is not in the best interests of the child and the community,
4 9 and the complainant does not ask the county attorney to review
4 10 the determination, the determination of the intake officer is
4 11 final.
4 12 LSB 2376YH 80
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