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