S.F. 365 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. A child prosecuted as a youthful 17 offender shall be sentenced pursuant to section 907.3A. 18 Sec. 2. Section 232.50, subsection 1, Code 2011, is amended 19 to read as follows: 20 1. As soon as practicable following the entry of an order of 21 adjudication pursuant to section 232.47 or notification that 22 the child has received a youthful offender deferred sentence 23 been placed on youthful offender status pursuant to section 24 907.3A , the court shall hold a dispositional hearing in order 25 to determine what disposition should be made of the matter. 26 Sec. 3. Section 232.52, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. Pursuant to a hearing as provided in section 232.50 , the 29 court shall enter the least restrictive dispositional order 30 appropriate in view of the seriousness of the delinquent act, 31 the child’s culpability as indicated by the circumstances of 32 the particular case, the age of the child, the child’s prior 33 record, or the fact that the child has received a youthful 34 offender deferred sentence been placed on youthful offender 35 -1- SF 365 (4) 84 jm/rj 1/ 6

S.F. 365 status under section 907.3A . The order shall specify the 1 duration and the nature of the disposition, including the type 2 of residence or confinement ordered and the individual, agency, 3 department , or facility in whom custody is vested. In the 4 case of a child who has received a youthful offender deferred 5 sentence been placed on youthful offender status , the initial 6 duration of the dispositional order shall be until the child 7 reaches the age of eighteen. 8 Sec. 4. Section 232.54, subsection 1, paragraph g, Code 9 2011, is amended to read as follows: 10 g. With respect to a juvenile court dispositional order 11 entered regarding a child who has received a youthful offender 12 deferred sentence been placed on youthful offender status under 13 section 907.3A , the dispositional order may be terminated 14 prior to the child reaching the age of eighteen upon motion 15 of the child, the person or agency to whom custody of the 16 child has been transferred, or the county attorney following 17 a hearing before the juvenile court if it is shown by clear 18 and convincing evidence that it is in the best interests of 19 the child and the community to terminate the order. The 20 hearing may be waived if all parties to the proceeding 21 agree. The dispositional order regarding a child who has 22 received a youthful offender deferred sentence been placed on 23 youthful offender status may also be terminated prior to the 24 child reaching the age of eighteen upon motion of the county 25 attorney, if the waiver of the child to district court was 26 conditioned upon the terms of an agreement between the county 27 attorney and the child, and the child violates the terms of 28 the agreement after the waiver order has been entered. The 29 district court shall discharge the child’s youthful offender 30 status upon receiving a termination order under this section . 31 Sec. 5. Section 232.54, subsection 1, paragraph h, 32 unnumbered paragraph 1, Code 2011, is amended to read as 33 follows: 34 With respect to a dispositional order entered regarding a 35 -2- SF 365 (4) 84 jm/rj 2/ 6

S.F. 365 child who has received a youthful offender deferred sentence 1 been placed on youthful offender status under section 907.3A , 2 the juvenile court may, in the case of a child who violates the 3 terms of the order, modify or terminate the order in accordance 4 with the following: 5 Sec. 6. 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 been placed on youthful offender status under 10 section 907.3A who is not discharged from probation before or 11 upon the child’s eighteenth birthday. 12 Sec. 7. Section 232.56, Code 2011, is amended to read as 13 follows: 14 232.56 Youthful offenders —— transfer to district court 15 supervision. 16 The juvenile court shall deliver a report, which includes 17 an assessment of the child by a juvenile court officer 18 after consulting with the judicial district department of 19 correctional services, to the district court prior to the 20 eighteenth birthday of a child who has received a youthful 21 offender deferred sentence been placed on youthful offender 22 status under section 907.3A . A hearing shall be held in 23 the district court in accordance with section 907.3A to 24 determine whether the child should be discharged from youthful 25 offender status or whether the child shall continue under the 26 supervision of the district court after the child’s eighteenth 27 birthday. 28 Sec. 8. Section 907.3A, Code 2011, is amended to read as 29 follows: 30 907.3A Youthful offender deferred sentence —— youthful 31 offender status. 32 1. Notwithstanding section 907.3 but subject to any 33 conditions of the waiver order, the trial court shall, upon 34 a plea of guilty or a verdict of guilty, defer sentence of a 35 -3- SF 365 (4) 84 jm/rj 3/ 6

S.F. 365 youthful offender place the juvenile over whom the juvenile 1 court has waived jurisdiction pursuant to section 232.45, 2 subsection 7 , and place the juvenile on youthful offender 3 status. The court shall transfer supervision of the youthful 4 offender to the juvenile court for disposition in accordance 5 with section 232.52 . An adjudication of delinquency entered 6 by the juvenile court for a public offense shall not be deemed 7 a conviction and shall not preclude the subsequent entry of 8 a deferred judgment, conviction, or sentence by the district 9 court. The court shall require supervision of the youthful 10 offender in accordance with section 232.54, subsection 1 , 11 paragraph “h” , or subsection 2 of this section . Notwithstanding 12 section 901.2, a presentence investigation shall not be 13 ordered by the court subsequent to an entry of a plea of guilty 14 or verdict of guilty or prior to deferral of sentence of a 15 youthful offender under this section. 16 2. The court shall hold a hearing prior to a youthful 17 offender’s eighteenth birthday to determine whether the 18 youthful offender shall continue on youthful offender status 19 after the youthful offender’s eighteenth birthday under the 20 supervision of the court or be discharged . Notwithstanding 21 section 901.2, the court may order a presentence investigation 22 report including a report for an offense classified as a class 23 “A” felony. The court shall review the report of the juvenile 24 court regarding the youthful offender and prepared pursuant 25 to section 232.56, and any presentence investigation report, 26 if ordered by the court. The court shall hear evidence by or 27 on behalf of the youthful offender, by the county attorney, 28 and by the person or agency to whom custody of the youthful 29 offender was transferred. The court shall make its decision , 30 pursuant to the sentencing options available in subsection 31 3, after considering the services available to the youthful 32 offender, the evidence presented, the juvenile court’s report, 33 the presentence investigation report if ordered by the court, 34 the interests of the youthful offender, and interests of the 35 -4- SF 365 (4) 84 jm/rj 4/ 6

S.F. 365 community. 1 3. a. Notwithstanding any provision of the Code which 2 prescribes a mandatory minimum sentence for the offense 3 committed by the youthful offender, following transfer of the 4 youthful offender from the juvenile court back to the court 5 having jurisdiction over the criminal proceedings involving the 6 youthful offender, the court may continue the youthful offender 7 deferred sentence or enter a sentence, which may be a suspended 8 sentence. shall order one of the following sentencing options: 9 (1) Defer judgment and place the youthful offender on 10 probation, upon the consent of the youthful offender. 11 (2) Defer the sentence and place the youthful offender 12 on probation upon such terms and conditions as the court may 13 require. 14 (3) Suspend the sentence and place the youthful offender 15 on probation upon such terms and conditions as the court may 16 require. 17 (4) A term of confinement. 18 (5) Discharge the youthful offender from youthful offender 19 status and terminate the sentence. 20 b. Notwithstanding anything in section 907.7 to the 21 contrary, if the district court either grants the youthful 22 offender a deferred judgment, continues the youthful offender 23 deferred sentence , or enters a sentence , and suspends the 24 sentence, and places the youthful offender on probation, the 25 term of formal supervision shall commence upon entry of the 26 order by the district court and may continue for a period not 27 to exceed five years. If the district court enters a sentence 28 of confinement, and the youthful offender was previously placed 29 in secure confinement by the juvenile court under the terms 30 of the initial disposition order or any modification to the 31 initial disposition order, the person shall receive credit for 32 any time spent in secure confinement. During any period of 33 probation imposed by the district court, a youthful offender 34 who violates the terms of probation is subject to section 35 -5- SF 365 (4) 84 jm/rj 5/ 6