Senate
File
357
-
Reprinted
SENATE
FILE
357
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1109)
(As
Amended
and
Passed
by
the
Senate
March
10,
2021
)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
child
in
detention,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
juvenile
court
has
waived
its
jurisdiction
29
over
the
child
for
the
alleged
commission
of
a
forcible
felony
30
offense
pursuant
to
section
232.45
or
232.45A
,
and
there
is
31
a
serious
risk
that
the
child
may
commit
an
act
which
would
32
inflict
serious
bodily
harm
on
another
person,
the
child
may
33
be
held
in
the
county
jail,
notwithstanding
section
356.3
.
34
However,
wherever
possible
the
child
shall
be
held
in
sight
and
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sound
separation
from
adult
offenders.
A
child
held
in
the
1
county
jail
under
this
subsection
shall
have
all
the
rights
2
of
adult
postarrest
or
pretrial
detainees.
or
the
child
is
3
excluded
from
the
jurisdiction
of
the
juvenile
court
pursuant
4
to
section
232.8,
subsection
1,
paragraph
“c”
,
and
the
child
5
is
awaiting
trial
or
other
legal
process,
the
child
shall
6
not
be
detained
in
any
facility
intended
for
the
detention
7
of
adults
unless
the
district
court
determines
that
after
a
8
hearing
and
issuing
written
findings,
that
such
detention
9
is
in
the
best
interest
of
the
child
and
the
community.
In
10
determining
whether
it
is
in
the
best
interest
of
the
child
and
11
the
community
to
permit
a
child
to
be
detained
in
a
facility
12
intended
for
the
detention
of
adults,
the
court
shall
consider
13
all
of
the
following:
14
(1)
The
age
of
the
child,
including
the
child’s
physical
and
15
mental
maturity.
16
(2)
The
present
mental
state
of
the
child,
including
whether
17
the
child
presents
an
imminent
risk
of
harm
to
the
child’s
18
self.
19
(3)
The
nature
and
circumstances
of
the
alleged
offense.
20
(4)
The
child’s
history
of
prior
delinquent
acts.
21
(5)
The
relative
ability
of
available
adult
and
juvenile
22
detention
facilities
to
not
only
meet
the
specific
needs
of
the
23
child
but
also
to
protect
the
safety
of
the
public
as
well
as
24
other
detained
children.
25
(6)
Any
other
relevant
factor.
26
b.
If
a
court
determines
pursuant
to
paragraph
“a”
that
27
it
is
in
the
best
interest
of
the
child
and
the
community
to
28
permit
a
child
to
be
detained
in
a
facility
intended
for
the
29
detention
of
adults,
the
following
conditions
shall
apply:
30
(1)
The
child
shall
not
have
sight
or
sound
contact
with
31
adult
inmates.
32
(2)
The
court
shall
hold
a
hearing,
not
less
than
once
33
every
thirty
days,
or
in
the
case
of
a
rural,
nonmetropolitan
34
jurisdiction
as
determined
by
the
United
States
office
of
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management
and
budget,
not
less
than
once
every
forty-five
1
days,
to
review
whether
it
is
still
in
the
best
interest
of
the
2
child
and
the
community
to
permit
a
child
to
be
detained
in
a
3
facility
intended
for
the
detention
of
adults.
4
(3)
The
child
shall
not
be
detained
in
a
facility
intended
5
for
the
detention
of
adults
for
more
than
one
hundred
eighty
6
days
unless
the
court,
in
writing,
determines
there
is
good
7
cause
for
an
extension
or
the
child
expressly
waives
this
8
limitation.
9
(4)
A
child
detained
in
a
county
jail
in
a
facility
intended
10
for
the
detention
of
adults
under
this
subsection
shall
have
11
all
the
rights
of
adult
postarrest
or
pretrial
detainees.
12
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
December
18,
13
2021.
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