S.F. _____ Section 1. Section 232.8, subsection 3, paragraph a, Code 1 2011, is amended to read as follows: 2 a. The juvenile court, after a hearing and in accordance 3 with the provisions of section 232.45 , may waive jurisdiction 4 of a child alleged to have committed a public offense so 5 that the child may be prosecuted as an adult or youthful 6 offender for such offense in another court. If the child , 7 except a child being prosecuted as a youthful offender, pleads 8 guilty or is found guilty of a public offense other than a 9 class “A” felony in another court of this state, that court 10 may suspend the sentence or, with the consent of the child, 11 defer judgment and without regard to restrictions placed upon 12 deferred judgments for adults, place the child on probation for 13 a period of not less than one year upon such conditions as it 14 may require. Upon fulfillment of the conditions of probation, 15 a child who receives a deferred judgment shall be discharged 16 without entry of judgment. 17 Sec. 2. Section 232.45, subsection 7, paragraph a, 18 subparagraph (1), Code 2011, is amended to read as follows: 19 (1) The child is thirteen, fourteen, or fifteen years of age 20 or younger . 21 Sec. 3. Section 232.50, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. As soon as practicable following the entry of an order 24 of adjudication pursuant to section 232.47 or notification 25 that the child has received a youthful offender deferred 26 sentence pursuant to section 907.3A , the court shall hold a 27 dispositional hearing in order to determine what disposition 28 should be made of the matter. 29 Sec. 4. Section 232.52, subsection 1, Code 2011, is amended 30 to read as follows: 31 1. Pursuant to a hearing as provided in section 232.50 , the 32 court shall enter the least restrictive dispositional order 33 appropriate in view of the seriousness of the delinquent act, 34 the child’s culpability as indicated by the circumstances of 35 -1- LSB 1594SC (2) 84 jm/rj 1/ 5

S.F. _____ the particular case, the age of the child, the child’s prior 1 record, or the fact that the child has received a youthful 2 offender deferred sentence under section 907.3A . The order 3 shall specify the duration and the nature of the disposition, 4 including the type of residence or confinement ordered and the 5 individual, agency, department , or facility in whom custody is 6 vested. In the case of a child who has received a youthful 7 offender deferred sentence, the initial duration of the 8 dispositional order shall be until the child reaches the age 9 of eighteen. 10 Sec. 5. Section 232.54, subsection 1, paragraph g, Code 11 2011, is amended to read as follows: 12 g. With respect to a juvenile court dispositional order 13 entered regarding a child who has received a youthful offender 14 deferred sentence under section 907.3A , the dispositional 15 order may be terminated prior to the child reaching the age 16 of eighteen upon motion of the child, the person or agency to 17 whom custody of the child has been transferred, or the county 18 attorney following a hearing before the juvenile court if it 19 is shown by clear and convincing evidence that it is in the 20 best interests of the child and the community to terminate 21 the order. The hearing may be waived if all parties to the 22 proceeding agree. The dispositional order regarding a child 23 who has received a youthful offender deferred sentence may 24 also be terminated prior to the child reaching the age of 25 eighteen upon motion of the county attorney, if the waiver of 26 the child to district court was conditioned upon the terms of 27 an agreement between the county attorney and the child, and 28 the child violates the terms of the agreement after the waiver 29 order has been entered. The district court shall discharge the 30 child’s youthful offender status upon receiving a termination 31 order under this section . 32 Sec. 6. Section 232.54, subsection 1, paragraph h, 33 unnumbered paragraph 1, Code 2011, is amended to read as 34 follows: 35 -2- LSB 1594SC (2) 84 jm/rj 2/ 5

S.F. _____ With respect to a dispositional order entered regarding a 1 child who has received a youthful offender deferred sentence 2 under section 907.3A , the juvenile court may, in the case of a 3 child who violates the terms of the order, modify or terminate 4 the order in accordance with the following: 5 Sec. 7. Section 232.55, subsection 3, Code 2011, is amended 6 to read as follows: 7 3. This section does not apply to dispositional orders 8 entered regarding a child who has received a youthful offender 9 deferred sentence under section 907.3A who is not discharged 10 from probation before or upon the child’s eighteenth birthday. 11 Sec. 8. Section 232.56, Code 2011, is amended to read as 12 follows: 13 232.56 Youthful offenders —— transfer to district court 14 supervision. 15 The juvenile court shall deliver a report, which includes 16 an assessment of the child by a juvenile court officer 17 after consulting with the judicial district department of 18 correctional services, to the district court prior to the 19 eighteenth birthday of a child who has received a youthful 20 offender deferred sentence under section 907.3A . A hearing 21 shall be held in the district court in accordance with section 22 907.3A to determine whether the child should be discharged from 23 youthful offender status or whether the child shall continue 24 under the supervision of the district court after the child’s 25 eighteenth birthday. 26 Sec. 9. Section 907.3A, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. Notwithstanding section 907.3 but subject to any 29 conditions of the waiver order, the trial court shall, upon a 30 plea of guilty or a verdict of guilty, defer judgment or defer 31 sentence of a youthful offender over whom the juvenile court 32 has waived jurisdiction pursuant to section 232.45, subsection 33 7 , and place the juvenile on youthful offender status. The 34 court shall transfer supervision of the youthful offender to 35 -3- LSB 1594SC (2) 84 jm/rj 3/ 5

S.F. _____ the juvenile court for disposition in accordance with section 1 232.52 . The court shall require supervision of the youthful 2 offender in accordance with section 232.54, subsection 1 , 3 paragraph “h” , or subsection 2 of this section . Notwithstanding 4 section 901.2 , a presentence investigation shall not be 5 ordered by the court subsequent to an entry of a plea of guilty 6 or verdict of guilty or prior to deferral of sentence of a 7 youthful offender under this section . 8 Sec. 10. Section 907.3A, subsection 3, Code 2011, is amended 9 to read as follows: 10 3. Notwithstanding any provision of the Code which 11 prescribes a mandatory minimum sentence for the offense 12 committed by the youthful offender, following transfer of the 13 youthful offender from the juvenile court back to the court 14 having jurisdiction over the criminal proceedings involving the 15 youthful offender, the court may continue the youthful offender 16 deferred sentence or enter a sentence, which may be a suspended 17 sentence. Notwithstanding anything in section 907.7 to the 18 contrary, if the district court either continues the youthful 19 offender deferred sentence or enters a sentence, suspends the 20 sentence, and places the youthful offender on probation, the 21 term of formal supervision shall commence upon entry of the 22 order by the district court and may continue for a period not 23 to exceed five years. If the district court enters a sentence 24 of confinement, and the youthful offender was previously placed 25 in secure confinement by the juvenile court under the terms 26 of the initial disposition order or any modification to the 27 initial disposition order, the person shall receive credit for 28 any time spent in secure confinement. During any period of 29 probation imposed by the district court, a youthful offender 30 who violates the terms of probation is subject to section 31 908.11 . 32 EXPLANATION 33 This bill relates to the placement of a juvenile on youthful 34 offender status in district court. 35 -4- LSB 1594SC (2) 84 jm/rj 4/ 5

S.F. _____ The bill specifies that a juvenile who is 13, 14, or 15 years 1 of age is eligible to be prosecuted as a youthful offender. 2 Current law requires that a juvenile be 15 years of age or 3 younger in order to be eligible for prosecution as a youthful 4 offender. 5 A youthful offender is a juvenile who is prosecuted in 6 district court but is supervised in juvenile court until the 7 age of 18. Upon the youthful offender attaining the age of 18, 8 the district court has discretion to discharge the sentence or 9 continue supervision of the youthful offender in district court 10 as provided Code section 907.3A. 11 The bill also allows the district court to defer judgment 12 of a juvenile who has been waived to district court pursuant 13 to Code section 232.45, subsection 7, for prosecution as a 14 youthful offender. Current law only allows the district court 15 to defer the sentence of a juvenile who has been waived to 16 district court pursuant to Code section 232.45, subsection 7, 17 for prosecution as a youthful offender. 18 A “deferred judgment” means a sentencing option where the 19 adjudication of guilt and the imposition of a sentence are 20 deferred by the court. However, the court retains the power 21 to pronounce judgment and impose sentence subject to the 22 defendant’s compliance with conditions set by the court as a 23 requirement of the deferred judgment. 24 A “deferred sentence” means a sentencing option where the 25 court enters an adjudication of guilt but does not impose a 26 sentence. The court does retain the power to sentence the 27 defendant to any sentence it originally could have imposed 28 subject to the defendant’s compliance with conditions set by 29 the court as a requirement of the deferred sentence. 30 -5- LSB 1594SC (2) 84 jm/rj 5/ 5