Senate
File
2177
-
Introduced
SENATE
FILE
2177
BY
SODDERS
A
BILL
FOR
An
Act
relating
to
county
and
multicounty
juvenile
detention
1
homes.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5574XS
(4)
84
jp/nh
S.F.
2177
Section
1.
Section
232.142,
Code
Supplement
2011,
is
1
amended
to
read
as
follows:
2
232.142
Maintenance
and
cost
of
juvenile
homes
——
fund.
3
1.
County
boards
of
supervisors
which
singly
or
in
4
conjunction
with
one
or
more
other
counties
provide
and
5
maintain
juvenile
detention
and
juvenile
shelter
care
homes
are
6
subject
to
this
section
.
For
the
purposes
of
this
section,
7
unless
the
context
otherwise
requires,
“division”
means
the
8
division
of
criminal
and
juvenile
justice
planning
of
the
9
department
of
human
rights.
10
2.
For
the
purpose
of
providing
and
maintaining
a
county
or
11
multicounty
home,
the
board
of
supervisors
of
any
county
may
12
issue
general
county
purpose
bonds
in
accordance
with
sections
13
331.441
to
331.449
.
Expenses
for
providing
and
maintaining
a
14
multicounty
home
shall
be
paid
by
the
counties
participating
in
15
a
manner
to
be
determined
by
the
boards
of
supervisors.
16
3.
A
county
or
multicounty
juvenile
detention
home
approved
17
pursuant
to
this
section
shall
receive
financial
aid
from
the
18
state
in
a
manner
approved
by
the
director
division
.
Aid
19
paid
by
the
state
shall
be
at
least
ten
percent
and
not
more
20
than
fifty
percent
of
the
total
cost
of
the
establishment,
21
improvements,
operation,
and
maintenance
of
the
home
that
is
22
attributed
to
children
under
the
jurisdiction
of
this
state
.
23
4.
The
director
shall
adopt
minimal
rules
and
standards
for
24
the
establishment,
maintenance,
and
operation
of
such
homes
as
25
shall
be
necessary
to
effect
the
purposes
of
this
chapter
.
The
26
rules
shall
apply
the
requirements
of
section
237.8
,
concerning
27
employment
and
evaluation
of
persons
with
direct
responsibility
28
for
a
child
or
with
access
to
a
child
when
the
child
is
29
alone
and
persons
residing
in
a
child
foster
care
facility,
30
to
persons
employed
by,
residing
in,
or
volunteering
for
a
31
home
approved
under
this
section
.
The
director
shall,
upon
32
request,
give
guidance
and
consultation
in
the
establishment
33
and
administration
of
the
homes
and
programs
for
the
homes.
34
5.
The
director
shall
approve
annually
all
such
homes
35
-1-
LSB
5574XS
(4)
84
jp/nh
1/
3
S.F.
2177
established
and
maintained
under
the
provisions
of
this
1
chapter
.
A
home
shall
not
be
approved
unless
it
complies
with
2
minimal
rules
and
standards
adopted
by
the
director
and
has
3
been
inspected
by
the
department
of
inspections
and
appeals.
4
6.
A
juvenile
detention
home
fund
is
created
in
the
state
5
treasury
under
the
authority
of
the
department
division
.
The
6
fund
shall
consist
of
moneys
deposited
in
the
fund
pursuant
7
to
sections
321.218A
and
321A.32A
.
The
moneys
in
the
fund
8
shall
be
used
for
the
costs
of
the
establishment,
improvement,
9
operation,
and
maintenance
of
county
or
multicounty
juvenile
10
detention
homes
attributed
to
children
under
the
jurisdiction
11
of
this
state’s
courts
in
accordance
with
annual
appropriations
12
made
by
the
general
assembly
from
the
fund
for
these
purposes.
13
The
distribution
formula
for
the
moneys
in
the
fund
shall
be
14
determined
by
the
administrator
of
the
division
pursuant
to
a
15
recommendation
provided
by
the
criminal
and
juvenile
justice
16
planning
advisory
council
to
equitably
distribute
the
available
17
moneys
to
help
support
the
financial
needs
of
juvenile
18
detention
homes.
The
distribution
formula
shall
be
based
upon
19
a
detention
home’s
proportionate
share
of
the
statewide
bed
20
days
utilized
during
the
formula
period
by
all
detention
homes
21
eligible
to
receive
moneys
from
the
fund.
The
distribution
22
formula
shall
include
an
allocation
for
the
division’s
costs
to
23
administer
the
fund
and
shall
specify
a
base
amount
for
each
24
detention
home
receiving
an
allocation
under
the
formula.
25
EXPLANATION
26
This
bill
relates
to
county
and
multicounty
juvenile
27
detention
homes
under
Code
section
232.142.
County
and
28
multicounty
juvenile
detention
homes
are
subject
to
approval
by
29
the
department
of
human
services
in
accordance
with
rules
and
30
standards
adopted
by
the
department.
Inspections
are
performed
31
by
the
department
of
inspections
and
appeals.
State
funding
32
for
the
detention
homes
is
provided
through
the
juvenile
33
detention
home
fund
administered
by
the
department
of
human
34
services.
35
-2-
LSB
5574XS
(4)
84
jp/nh
2/
3
S.F.
2177
The
fund
receives
civil
penalties
collected
under
Code
1
sections
321.218A
and
321A.32A,
when
the
department
of
2
transportation
suspends,
revokes,
or
bars
a
person’s
driver’s
3
license
or
nonresident
operating
privilege
for
a
conviction
4
under
Code
chapter
321,
relating
to
motor
vehicle
laws,
5
or
Code
chapter
321A,
relating
to
motor
vehicle
financial
6
responsibility.
The
bill
transfers
the
responsibility
to
7
administer
the
fund
from
the
department
of
human
services
to
8
the
division
of
criminal
and
juvenile
justice
planning
of
the
9
department
of
human
rights.
The
bill
also
restricts
the
use
of
10
the
fund
to
costs
attributed
to
children
under
the
jurisdiction
11
of
this
state’s
courts.
12
Current
law
provides
for
distribution
of
the
moneys
in
the
13
fund
in
accordance
with
annual
appropriations.
For
fiscal
14
year
2011-2012,
under
2011
Iowa
Acts,
chapter
129,
section
15
17,
moneys
in
the
fund
are
allocated
among
eligible
detention
16
homes,
prorated
on
the
basis
of
an
eligible
detention
home’s
17
proportion
of
the
costs
of
all
eligible
detention
homes
in
the
18
previous
fiscal
year,
as
determined
by
the
department
of
human
19
services
based
on
the
amount
available
to
distribute.
The
bill
20
provides
for
the
administrator
of
the
division
of
criminal
and
21
juvenile
justice
planning
to
determine
the
distribution
formula
22
for
the
moneys
in
the
fund
pursuant
to
a
recommendation
made
by
23
the
criminal
and
juvenile
justice
planning
advisory
council.
24
The
bill
requires
the
distribution
formula
to
be
based
upon
a
25
juvenile
detention
home’s
proportionate
share
of
the
statewide
26
bed
days
utilized
during
the
formula
period
by
all
juvenile
27
detention
homes
eligible
to
receive
moneys
from
the
fund.
The
28
bill
also
requires
the
formula
to
include
an
allocation
for
the
29
division’s
costs
to
administer
the
fund
and
to
specify
a
base
30
amount
for
each
detention
home
receiving
an
allocation
under
31
the
formula.
32
-3-
LSB
5574XS
(4)
84
jp/nh
3/
3