Senate Study Bill 1109 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN RIGHTS/CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION BILL) A BILL FOR An Act relating to the placement of a child in detention. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1277DP (7) 89 as/rh

S.F. _____ H.F. _____ Section 1. Section 232.22, subsection 5, Code 2021, is 1 amended to read as follows: 2 5. a. A child shall not be detained in a facility under 3 subsection 3 , paragraph “c” , for a period of time in excess of 4 six hours without the oral or written order of a judge or a 5 magistrate authorizing the detention. A judge or magistrate 6 may authorize detention in a facility under subsection 3 , 7 paragraph “c” , for a period of time in excess of six hours 8 but less than twenty-four hours, excluding weekends and legal 9 holidays, but only if all of the following occur or exist: 10 (1) a. The facility serves a geographic area outside a 11 standard metropolitan statistical area as determined by the 12 United States census bureau office of management and budget . 13 (2) b. The court determines that an acceptable alternative 14 placement does not exist pursuant to criteria developed by the 15 department of human services. 16 (3) c. The facility has been certified by the department 17 of corrections as being capable of sight and sound separation 18 pursuant to this section and section 356.3 . 19 (4) d. The child is awaiting an initial hearing before the 20 court pursuant to section 232.44 . 21 b. The restrictions contained in this subsection relating 22 to the detention of a child in a facility under subsection 23 3 , paragraph “c” , do not apply if the court has waived its 24 jurisdiction over the child for the alleged commission of a 25 felony offense pursuant to section 232.45 . 26 Sec. 2. Section 232.22, subsection 7, Code 2021, is amended 27 to read as follows: 28 7. a. If the court has waived its jurisdiction over the 29 child for the alleged commission of a forcible felony offense 30 pursuant to section 232.45 or 232.45A , and there is a serious 31 risk that the child may commit an act which would inflict 32 serious bodily harm on another person, the child may be held 33 in the county jail, notwithstanding section 356.3 . However, 34 wherever possible the child shall be held in sight and sound 35 -1- LSB 1277DP (7) 89 as/rh 1/ 4

S.F. _____ H.F. _____ separation from adult offenders. A child held in the county 1 jail under this subsection shall have all the rights of adult 2 postarrest or pretrial detainees. a child age sixteen years or 3 older who is excluded from the jurisdiction of the juvenile 4 court pursuant to section 232.8, subsection 1, paragraph “c” , 5 while awaiting trial or other legal process, shall not be 6 detained in any facility intended for the detention of adults 7 unless the court determines that after a hearing and issuing 8 written findings, such detention is in the best interest of the 9 child and the community. In determining whether it is in the 10 best interest of the child and the community to permit a child 11 to be detained in a facility intended for the detention of 12 adults, the court shall consider all of the following: 13 (1) The age of the child, including the child’s physical and 14 mental maturity. 15 (2) The present mental state of the child, including whether 16 the child presents an imminent risk of harm to the child’s 17 self. 18 (3) The nature and circumstances of the alleged offense. 19 (4) The child’s history of prior delinquent acts. 20 (5) The relative ability of available adult and juvenile 21 detention facilities to not only meet the specific needs of the 22 child but also to protect the safety of the public as well as 23 other detained children. 24 (6) Any other relevant factor. 25 b. If a court determines pursuant to paragraph “a” that 26 it is in the best interest of the child and the community to 27 permit a child to be detained in a facility intended for the 28 detention of adults, the following conditions shall apply: 29 (1) The child shall not have sight or sound contact with 30 adult inmates. 31 (2) The court shall hold a hearing, not less than once 32 every thirty days, or in the case of a rural, nonmetropolitan 33 jurisdiction as determined by the United States office of 34 management and budget, not less than once every forty-five 35 -2- LSB 1277DP (7) 89 as/rh 2/ 4

S.F. _____ H.F. _____ days, to review whether it is still in the best interest of the 1 child and the community to permit a child to be detained in a 2 facility intended for the detention of adults. 3 (3) The child shall not be detained in a facility intended 4 for the detention of adults for more than one hundred eighty 5 days unless the court, in writing, determines there is good 6 cause for an extension or the child expressly waives this 7 limitation. 8 (4) A child detained in a county jail in a facility intended 9 for the detention of adults under this subsection shall have 10 all the rights of adult postarrest or pretrial detainees. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to the placement of a child (person under 15 the age of 18) in detention. 16 The bill provides that a judge or magistrate may authorize 17 detention for a period of time in excess of 6 hours but less 18 than 24 hours only if the facility serves a geographic area 19 outside a standard metropolitan statistical area as determined 20 by the United States office of management and budget. Current 21 law states that it is the U.S. census bureau that determines 22 the standard metropolitan statistical area. 23 The bill provides that if the court has waived its 24 jurisdiction over a child pursuant to Code section 232.45 25 or 232.45A, a child age 16 or older who is excluded from 26 the jurisdiction of the juvenile court for offenses that 27 involve the manufacture, delivery, or possession of controlled 28 substances while in the immediate possession or control of a 29 firearm or offensive weapon; gang activity involving firearms 30 or offensive weapons; felonious possession of an offensive 31 weapon; or any forcible felony, the child, while awaiting 32 trial or other legal process, shall not be detained in any 33 facility intended for the detention of adults unless the court 34 determines that after a hearing and issuing written findings 35 -3- LSB 1277DP (7) 89 as/rh 3/ 4

S.F. _____ H.F. _____ it is in the best interest of the child and the community. 1 The court shall consider the age of the child, including the 2 child’s physical and mental maturity; the present mental state 3 of the child, including whether the child presents an imminent 4 risk of harm to the child’s self; the nature and circumstances 5 of the alleged offense; the child’s history of prior delinquent 6 acts; the relative ability of available adult and juvenile 7 detention facilities to not only meet the specific needs of the 8 child but also to protect the safety of the public as well as 9 other detained children; and any other relevant factor. 10 The bill provides that if a court determines that it is in 11 the best interest of the child and the community to permit a 12 child to be detained in a facility intended for the detention 13 of adults, the following conditions shall apply: the child 14 shall not have sight or sound contact with adult inmates; the 15 court shall hold a hearing not less than once every 30 days, or 16 in the case of a rural, nonmetropolitan jurisdiction, not less 17 than once every 45 days, to review whether it is still in the 18 best interest of the child and the community to permit a child 19 to be detained in a facility intended for the detention of 20 adults; the child shall not be detained in a facility intended 21 for the detention of adults for more than 180 days unless 22 the court, in writing, determines there is good cause for an 23 extension or the child expressly waives this limitation; and 24 a child detained in a county jail in a facility intended for 25 the detention of adults shall have all the rights of adult 26 postarrest or pretrial detainees. 27 -4- LSB 1277DP (7) 89 as/rh 4/ 4