SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE)

A BILL FOR

An Act relating to the placement of a juvenile on youthful offender status in district court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 232.8, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  The juvenile court, after a hearing and in accordance with the provisions of section 232.45, may waive jurisdiction of a child alleged to have committed a public offense so that the child may be prosecuted as an adult or youthful offender for such offense in another court. If the child, except a child being prosecuted as a youthful offender, pleads guilty or is found guilty of a public offense other than a class “A” felony in another court of this state, that court may suspend the sentence or, with the consent of the child, defer judgment and without regard to restrictions placed upon deferred judgments for adults, place the child on probation for a period of not less than one year upon such conditions as it may require. Upon fulfillment of the conditions of probation, a child who receives a deferred judgment shall be discharged without entry of judgment.
   Sec. 2.  Section 232.45, subsection 7, paragraph a, subparagraph (1), Code 2011, is amended to read as follows:
   (1)  The child is thirteen, fourteen, or fifteen years of age or younger.
   Sec. 3.  Section 232.50, subsection 1, Code 2011, is amended to read as follows:
   1.  As soon as practicable following the entry of an order of adjudication pursuant to section 232.47 or notification that the child has received a youthful offender deferred sentence pursuant to section 907.3A, the court shall hold a dispositional hearing in order to determine what disposition should be made of the matter.
   Sec. 4.  Section 232.52, subsection 1, Code 2011, is amended to read as follows:
   1.  Pursuant to a hearing as provided in section 232.50, the court shall enter the least restrictive dispositional order appropriate in view of the seriousness of the delinquent act, the child’s culpability as indicated by the circumstances of the particular case, the age of the child, the child’s prior record, or the fact that the child has received a youthful offenderdeferred sentence under section 907.3A. The order shall specify the duration and the nature of the disposition, including the type of residence or confinement ordered and the individual, agency, department, or facility in whom custody is vested. In the case of a child who has received a youthful offenderdeferred sentence, the initial duration of the dispositional order shall be until the child reaches the age of eighteen.
   Sec. 5.  Section 232.54, subsection 1, paragraph g, Code 2011, is amended to read as follows:
   g.  With respect to a juvenile court dispositional order entered regarding a child who has received a youthful offender deferred sentence under section 907.3A, the dispositional order may be terminated prior to the child reaching the age of eighteen upon motion of the child, the person or agency to whom custody of the child has been transferred, or the county attorney following a hearing before the juvenile court if it is shown by clear and convincing evidence that it is in the best interests of the child and the community to terminate the order. The hearing may be waived if all parties to the proceeding agree. The dispositional order regarding a child who has received a youthful offenderdeferred sentence may also be terminated prior to the child reaching the age of eighteen upon motion of the county attorney, if the waiver of the child to district court was conditioned upon the terms of an agreement between the county attorney and the child, and the child violates the terms of the agreement after the waiver order has been entered. The district court shall discharge the child’s youthful offender status upon receiving a termination order under this section.
   Sec. 6.  Section 232.54, subsection 1, paragraph h, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   With respect to a dispositional order entered regarding a child who has received a youthful offender deferred sentence under section 907.3A, the juvenile court may, in the case of a child who violates the terms of the order, modify or terminate the order in accordance with the following:
   Sec. 7.  Section 232.55, subsection 3, Code 2011, is amended to read as follows:
   3.  This section does not apply to dispositional orders entered regarding a child who has received a youthful offender deferred sentence under section 907.3A who is not discharged from probation before or upon the child’s eighteenth birthday.
   Sec. 8.  Section 232.56, Code 2011, is amended to read as follows:
   232.56  Youthful offenders —— transfer to district court supervision.
   The juvenile court shall deliver a report, which includes an assessment of the child by a juvenile court officer after consulting with the judicial district department of correctional services, to the district court prior to the eighteenth birthday of a child who has received a youthful offender deferred sentence under section 907.3A. A hearing shall be held in the district court in accordance with section 907.3A to determine whether the child should be discharged from youthful offender status or whether the child shall continue under the supervision of the district court after the child’s eighteenth birthday.
   Sec. 9.  Section 907.3A, subsection 1, Code 2011, is amended to read as follows:
   1.  Notwithstanding section 907.3 but subject to any conditions of the waiver order, the trial court shall, upon a plea of guilty or a verdict of guilty, defer judgment or defer sentence of a youthful offender over whom the juvenile court has waived jurisdiction pursuant to section 232.45, subsection 7, and place the juvenile on youthful offender status. The court shall transfer supervision of the youthful offender to the juvenile court for disposition in accordance with section 232.52. The court shall require supervision of the youthful offender in accordance with section 232.54, subsection 1, paragraph “h”, or subsection 2 of this section. Notwithstanding section 901.2, a presentence investigation shall not be ordered by the court subsequent to an entry of a plea of guilty or verdict of guilty or prior to deferral of sentence of a youthful offender under this section.
   Sec. 10.  Section 907.3A, subsection 3, Code 2011, is amended to read as follows:
   3.  Notwithstanding any provision of the Code which prescribes a mandatory minimum sentence for the offense committed by the youthful offender, following transfer of the youthful offender from the juvenile court back to the court having jurisdiction over the criminal proceedings involving the youthful offender, the court may continue the youthful offender deferred sentence or enter a sentence, which may be a suspended sentence. Notwithstanding anything in section 907.7 to the contrary, if the district court either continues the youthful offenderdeferred sentence or enters a sentence, suspends the sentence, and places the youthful offender on probation, the term of formal supervision shall commence upon entry of the order by the district court and may continue for a period not to exceed five years. If the district court enters a sentence of confinement, and the youthful offender was previously placed in secure confinement by the juvenile court under the terms of the initial disposition order or any modification to the initial disposition order, the person shall receive credit for any time spent in secure confinement. During any period of probation imposed by the district court, a youthful offender who violates the terms of probation is subject to section 908.11.
EXPLANATION
   This bill relates to the placement of a juvenile on youthful offender status in district court.
   The bill specifies that a juvenile who is 13, 14, or 15 years of age is eligible to be prosecuted as a youthful offender. Current law requires that a juvenile be 15 years of age or younger in order to be eligible for prosecution as a youthful offender.
   A youthful offender is a juvenile who is prosecuted in district court but is supervised in juvenile court until the age of 18. Upon the youthful offender attaining the age of 18, the district court has discretion to discharge the sentence or continue supervision of the youthful offender in district court as provided Code section 907.3A.
   The bill also allows the district court to defer judgment of a juvenile who has been waived to district court pursuant to Code section 232.45, subsection 7, for prosecution as a youthful offender. Current law only allows the district court to defer the sentence of a juvenile who has been waived to district court pursuant to Code section 232.45, subsection 7, for prosecution as a youthful offender.
   A “deferred judgment” means a sentencing option where the adjudication of guilt and the imposition of a sentence are deferred by the court. However, the court retains the power to pronounce judgment and impose sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred judgment.
   A “deferred sentence” means a sentencing option where the court enters an adjudication of guilt but does not impose a sentence. The court does retain the power to sentence the defendant to any sentence it originally could have imposed subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred sentence.