S.F. 77 Section 1. Section 216A.136, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 14. Juvenile pre-charge juvenile diversion 3 program data maintained under section 232.14. 4 Sec. 2. Section 232.2, subsection 5, Code 2023, is amended 5 to read as follows: 6 5. “Child” means a person under eighteen years of age. For 7 the purposes of this subchapter and subchapter II, “child” also 8 means a person under twenty-one years of age who is alleged 9 to have committed an offense for which the juvenile court has 10 exclusive original jurisdiction if the proceedings related to 11 that offense began prior to the person attaining eighteen years 12 of age. 13 Sec. 3. Section 232.2, Code 2023, is amended by adding the 14 following new subsections: 15 NEW SUBSECTION . 20A. “Division” means the department 16 of human rights division of criminal and juvenile justice 17 planning. 18 NEW SUBSECTION . 37A. “Juvenile pre-charge diversion program” 19 means a program certified by the division pursuant to section 20 232.14 to coordinate services for a child who is alleged to 21 have committed an offense that, if committed by an adult, would 22 constitute a simple misdemeanor for the purpose of diverting 23 the child from the jurisdiction of juvenile court. 24 Sec. 4. Section 232.8, subsection 1, paragraph c, Code 2023, 25 is amended by striking the paragraph and inserting in lieu 26 thereof the following: 27 c. (1) The juvenile court shall retain jurisdiction in 28 proceedings concerning all of the following: 29 (a) A child if the alleged offense that, if committed by an 30 adult, would constitute a misdemeanor. 31 (b) A person whose case was transferred to the jurisdiction 32 of the juvenile court pursuant to an order under section 803.5. 33 (c) A child under the age of seventeen who allegedly 34 committed an offense of animal torture as provided in section 35 -1- LSB 1441XS (1) 90 dg/rh 1/ 7

S.F. 77 717B.3A. 1 (2) Juvenile court jurisdiction of a child who is alleged to 2 have committed an offense that, if committed by an adult, would 3 constitute a felony shall be subject to section 232.45. 4 Sec. 5. NEW SECTION . 232.14 Juvenile pre-charge diversion 5 programs. 6 1. The division shall certify juvenile pre-charge diversion 7 programs that offer rehabilitative services to a child who 8 could be subject to the jurisdiction of the juvenile court. 9 2. To be eligible for participation in a certified juvenile 10 pre-charge diversion program, a child must have allegedly 11 committed an offense that, if committed by an adult, would 12 constitute a simple misdemeanor and must not have been referred 13 to a juvenile pre-charge diversion program within the twelve 14 months prior to the date of the alleged offense. 15 3. The division shall determine by rule minimum standards 16 for juvenile pre-charge diversion programs which shall require 17 that a juvenile pre-charge diversion program be a short-term, 18 community-based program that focuses on skill building and 19 restorative justice principles. The division shall designate 20 the types of activities that a juvenile pre-charge diversion 21 program may include to meet minimum standards. 22 4. The department shall determine minimum requirements 23 for a juvenile pre-charge diversion program participant’s 24 completion of a juvenile pre-charge diversion program. 25 5. Juvenile pre-charge diversion programs shall collect 26 data on all children who participate in the program and submit 27 the data to the division for recordkeeping, research, and 28 evaluation purposes. 29 6. Prior to filing a complaint pursuant to section 232.28 30 against a child who meets the requirements to participate in 31 a juvenile pre-charge diversion program, a peace officer or 32 law enforcement agency shall determine whether a juvenile 33 pre-charge diversion program certified pursuant to subsection 34 1 exists within the jurisdiction of the peace officer or law 35 -2- LSB 1441XS (1) 90 dg/rh 2/ 7

S.F. 77 enforcement agency. If the peace officer or law enforcement 1 agency determines a juvenile pre-charge diversion program is 2 available for a child, the peace officer or law enforcement 3 agency shall refer the child to the juvenile pre-charge 4 diversion program instead of filing a complaint against the 5 child. 6 7. The department shall adopt rules for the implementation 7 of this section. 8 Sec. 6. Section 232.22, subsection 7, paragraph a, 9 unnumbered paragraph 1, Code 2023, is amended to read as 10 follows: 11 If the juvenile court has waived its jurisdiction over the 12 child pursuant to section 232.45 or 232.45A or the child is 13 excluded from the jurisdiction of the juvenile court pursuant 14 to section 232.8, subsection 1 , paragraph “c” , and the child 15 is awaiting trial or other legal process, the child shall 16 not be detained in any facility intended for the detention 17 of adults unless the district court determines that after a 18 hearing and issuing written findings, that such detention 19 is in the best interest of the child and the community. In 20 determining whether it is in the best interest of the child and 21 the community to permit a child to be detained in a facility 22 intended for the detention of adults, the court shall consider 23 all of the following: 24 Sec. 7. Section 232.45, subsection 1, Code 2023, is amended 25 to read as follows: 26 1. After Subject to section 232.8, subsection 1, paragraph 27 “c” , subparagraph (1), after the filing of a petition which 28 alleges that a child has committed a delinquent act on the 29 basis of an alleged commission of a public offense that, if 30 committed by an adult, would constitute a felony and before an 31 adjudicatory hearing on the merits of the petition is held, 32 the county attorney or the child may file a motion requesting 33 the court to waive its jurisdiction over the child for the 34 alleged commission of the public offense delinquent act or 35 -3- LSB 1441XS (1) 90 dg/rh 3/ 7

S.F. 77 for the purpose of prosecution of the child as an adult or a 1 youthful offender. If the county attorney and the child agree, 2 a motion for waiver for the purpose of being prosecuted as a 3 youthful offender may be heard by the district court as part 4 of the proceedings under section 907.3A , or by the juvenile 5 court as provided in this section . If the motion for waiver 6 for the purpose of being prosecuted as a youthful offender is 7 made as a result of a conditional agreement between the county 8 attorney and the child, the conditions of the agreement shall 9 be disclosed to the court in the same manner as provided in 10 rules of criminal procedure 2.8 and 2.10 . Sec. 8. Section 232.45, subsection 6, paragraph b, Code 12 2023, is amended to read as follows: 13 b. The court determines, or has previously determined in a 14 detention hearing under section 232.44 , that there is probable 15 cause to believe that the child has committed a delinquent act 16 which that, if committed by an adult, would constitute the 17 public offense a felony . 18 Sec. 9. Section 232.45, subsection 7, paragraph a, 19 subparagraph (2), Code 2023, is amended by striking the 20 subparagraph. 21 Sec. 10. Section 232.149, subsection 3, Code 2023, is 22 amended by striking the subsection. 23 Sec. 11. Section 803.6, Code 2023, is amended by striking 24 the section. 25 Sec. 12. DEPARTMENT OF HUMAN RIGHTS —— JUVENILE PROBATION 26 —— TECHNICAL VIOLATIONS —— STUDY COMMITTEE. The department of 27 human rights shall convene a study committee to meet during the 28 2023 legislative interim to examine alternatives to placing 29 juveniles in detention for probation or technical violations 30 including community-based and residential rehabilitation 31 alternatives for moderate and high-risk juvenile offenders. 32 The membership of the committee shall, at a minimum, consist 33 of a representative from the division of criminal and juvenile 34 justice planning of the department of human rights, the 35 -4- LSB 1441XS (1) 90 dg/rh 4/ 7

S.F. 77 department of justice, and a member of the judicial branch. 1 The department shall submit a report of the study committee 2 detailing the committee’s findings and recommendations to the 3 general assembly and the governor no later than December 15, 4 2023. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the jurisdiction of the juvenile court 9 and juvenile pre-charge diversion programs. 10 The bill defines “child” for the purposes of Code chapter 11 232 (juvenile justice), subchapters I (construction and 12 definitions) and II (juvenile delinquency proceedings), as a 13 person under 21 years of age who is alleged to have committed 14 an offense for which the juvenile court has exclusive original 15 jurisdiction if the proceedings related to that offense began 16 prior to the person attaining 18 years of age. 17 The bill defines “division” as the department of human 18 rights division of criminal and juvenile justice planning 19 (CJJP). 20 The bill defines “juvenile pre-charge diversion program” as 21 a program certified by CJJP to coordinate services for a child 22 who is alleged to have committed an offense that, if committed 23 by an adult, would constitute a simple misdemeanor for the 24 purpose of diverting the child from juvenile court proceedings. 25 The bill provides that the juvenile court shall retain 26 jurisdiction in proceedings concerning a child if the alleged 27 offense would constitute a misdemeanor if committed by an 28 adult, if the child’s case was transferred to the jurisdiction 29 of the juvenile court from a district court because the child 30 allegedly committed the offense prior to reaching 18 years 31 of age, and in a proceeding concerning an offense of animal 32 torture alleged to have been committed by a child under 17 33 years of age. Juvenile court jurisdiction of a child who 34 allegedly commits an offense that, if committed by an adult, 35 -5- LSB 1441XS (1) 90 dg/rh 5/ 7

S.F. 77 would constitute a felony may be waived upon a juvenile court 1 making certain findings pursuant to a hearing held on a motion 2 by a county attorney or the person. 3 JUVENILE PRE-CHARGE DIVERSION PROGRAMS. The bill provides 4 that CJJP shall certify juvenile pre-charge diversion programs 5 that offer rehabilitative services to a child who could be 6 subject to the jurisdiction of the juvenile court for the 7 purpose of diverting the child from a formal adjudication 8 in juvenile court. To be eligible for participation in a 9 certified juvenile pre-charge diversion program, the child must 10 have allegedly committed an offense that, if committed by an 11 adult, would constitute a simple misdemeanor and must not have 12 been referred to a juvenile pre-charge diversion program within 13 the 12 months prior to the date of the alleged offense. 14 The bill requires CJJP to determine by rule minimum 15 standards for juvenile pre-charge diversion programs. Minimum 16 standards shall require that a juvenile pre-charge diversion 17 program be a short-term, community-based program that focuses 18 on skill building and restorative justice principles, and 19 CJJP shall designate the types of activities that a juvenile 20 pre-charge diversion program may include to meet minimum 21 standards. The bill requires CJJP to determine minimum 22 requirements for a juvenile pre-charge diversion program 23 participant’s completion of a juvenile pre-charge diversion 24 program and requires CJJP to adopt rules for the implementation 25 of certified juvenile pre-charge diversion programs. 26 The bill requires a juvenile court to make a finding that 27 there is probable cause to believe that a child has committed a 28 delinquent act that, if committed by an adult, would constitute 29 a felony before the court is allowed to waive its jurisdiction 30 over the child to allow the child to be tried as an adult. 31 Under current law, the juvenile court is only required to find 32 there is probable cause to believe the child has committed 33 a delinquent act before the court is allowed to waive its 34 jurisdiction to allow the child to be tried as an adult. 35 -6- LSB 1441XS (1) 90 dg/rh 6/ 7

S.F. 77 The bill directs the department of human rights to convene a 1 study committee during the 2023 legislative interim to examine 2 alternatives to placing juveniles in detention for probation 3 or technical violations. The committee’s examination shall 4 include but not be limited to community-based and residential 5 rehabilitation alternatives for moderate and high-risk juvenile 6 offenders. The bill requires committee membership to consist 7 of, at a minimum, a representative from CJJP, the department 8 of justice, and a member of the judicial branch. The bill 9 requires the department of human rights to submit a report of 10 the study committee detailing the committee’s findings and 11 recommendations to the general assembly and the governor no 12 later than December 15, 2023. 13 The bill makes conforming Code changes to Code sections 14 232.22 (placement in detention), 232.45 (waiver hearing and 15 waiver of jurisdiction), 232.149 (records of criminal or 16 juvenile agencies), and 803.6 (transfer of jurisdiction —— 17 juvenile). 18 -7- LSB 1441XS (1) 90 dg/rh 7/ 7