Print
Senate File 2279 - IntroducedA Bill ForAn Act 1relating to the placement of a child in detention and
2the juvenile detention home fund, and making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.22, subsection 5, paragraph a,
2subparagraph (1), Code 2020, is amended to read as follows:
3(1) The facility serves a geographic area outside a standard
4metropolitan statistical area as determined by the United
5States census bureau office of management and budget.
6 Sec. 2. Section 232.22, subsection 7, Code 2020, is amended
7to read as follows:
87. a. If the court has waived its jurisdiction over the
9child for the alleged commission of a forcible felony offense
10 pursuant to section 232.45 or 232.45A a child age sixteen years
11or older is excluded from the jurisdiction of the juvenile
12court pursuant to section 232.8, subsection 1, paragraph “c”,
13who is awaiting trial or other legal process, and for whom
14 there is a serious risk that the child may commit an act which
15would inflict serious bodily harm on another person, the child
16may be held in the county jail, notwithstanding section 356.3.
17However, wherever possible the child shall be held in sight and
18sound separation from adult offenders. A child held in the
19county jail under this subsection shall have all the rights of
20adult postarrest or pretrial detainees. A child shall not be
21detained in any facility intended for the detention of adults
22unless the court determines that after a hearing and issuing
23written findings, such detention is in the best interest of the
24child and the community. In determining whether it is in the
25best interest of the child and the community to permit a child
26to be detained in a facility intended for the detention of
27adults, the court shall consider all of the following:
28(1) The age of the child, including the child’s physical and
29mental maturity.
30(2) The present mental state of the child, including whether
31the child presents an imminent risk of harm to the child’s
32self.
33(3) The nature and circumstances of the alleged offense.
34(4) The child’s history of prior delinquent acts.
35(5) The relative ability of available adult and juvenile
-1-1detention facilities to not only meet the specific needs of the
2child but also to protect the safety of the public as well as
3other detained children.
4(6) Any other relevant factor.
5b. If a court determines pursuant to paragraph “a” that
6it is in the best interest of the child and the community to
7permit a child to be detained in a facility intended for the
8detention of adults, the following conditions shall apply:
9(1) The child shall not have sight or sound contact with
10adult inmates.
11(2) The court shall hold a hearing, not less than once
12every thirty days, or in the case of a rural, nonmetropolitan
13jurisdiction as determined by the United States office of
14management and budget, not less than once every forty-five
15days, to review whether it is still in the best interest of the
16child and the community to permit a child to be detained in a
17facility intended for the detention of adults.
18(3) The child shall not be detained in a facility intended
19for the detention of adults for more than one hundred eighty
20days unless the court, in writing, determines there is good
21cause for an extension or the child expressly waives this
22limitation.
23(4) A child held in a county jail in a facility intended for
24the detention of adults under this subsection shall have all
25the rights of adult postarrest or pretrial detainees.
26 Sec. 3. Section 232.142, subsections 3 and 6, Code 2020, are
27amended to read as follows:
283. A county or multicounty juvenile detention home approved
29pursuant to this section shall receive financial aid from the
30state in a manner approved by the director of the department
31of human rights. Aid paid by the state shall be at least ten
32percent and not more than fifty percent of the total cost of
33the establishment, improvements, operation, and maintenance of
34the home.
356. A juvenile detention home fund is created in the state
-2-1treasury under the authority of the criminal and juvenile
2justice planning division of the department of human rights.
3The fund shall consist of moneys deposited in the fund pursuant
4to sections 321.218A and 321A.32A. The moneys in the fund
5shall be used for the costs of the establishment, improvement,
6operation, and maintenance of county or multicounty juvenile
7detention homes in accordance with annual appropriations made
8by the general assembly from the fund for these purposes.
9 Sec. 4. JUVENILE DETENTION HOME FUND — TRANSFER OF
10ADMINISTRATION. Moneys deposited in the juvenile detention
11home fund created in section 232.142 during the fiscal
12year beginning July 1, 2020, and ending June 30, 2021, are
13appropriated to the criminal and juvenile justice planning
14division of the department of human rights for the fiscal
15year beginning July 1, 2020, and ending June 30, 2021, for
16distribution as follows:
171. One hundred thousand dollars to each eligible county or
18multicounty juvenile detention home.
192. Any remaining funds shall be distributed in an amount
20equal to a percentage of the costs of the establishment,
21improvement, operation, and maintenance of county or
22multicounty juvenile detention homes in the fiscal year
23beginning July 1, 2019. Moneys appropriated for distribution
24in accordance with this section shall be allocated among
25eligible juvenile detention homes, prorated on the basis of
26an eligible juvenile detention home’s proportion of the costs
27of all eligible detention homes in the fiscal year beginning
28July 1, 2019. The percentage figure shall be determined by the
29department based on the amount available for distribution for
30the fund. Notwithstanding section 232.142, subsection 3, the
31financial aid payable by the state under that provision for the
32fiscal year beginning July 1, 2020, shall be limited to the
33amount appropriated for the purposes of this section.
34 Sec. 5. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
35— DEPARTMENT OF HUMAN RIGHTS — APPROPRIATION. There is
-3-1appropriated from the general fund of the state to the criminal
2and juvenile justice planning division of the department of
3human rights for the fiscal year beginning July 1, 2020, and
4ending June 30, 2021, the following amount, or so much thereof
5as is necessary, to be used for the purpose designated:
6For the management and administration of the juvenile
7detention home fund created in section 232.142:
.................................................. $820,000
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the placement of a child (person under
13the age of 18) in detention and the juvenile detention home
14fund, and makes appropriations.
15The bill provides that if the court has waived its
16jurisdiction over a child pursuant to Code section 232.45 or
17a child age 16 or older is excluded from the jurisdiction of
18the juvenile court for offenses that involve the manufacture,
19delivery, or possession of controlled substances while in the
20immediate possession or control of a firearm or offensive
21weapon; gang activity involving firearms or offensive weapons;
22felonious possession of an offensive weapon; or any forcible
23felony, and who is awaiting trial or other legal process,
24and there is a serious risk that the child may commit an act
25which would inflict serious bodily harm on another person,
26the child may be held in the county jail. However, wherever
27possible, the child shall be held in sight and sound separation
28from adult offenders. A child shall not be detained in any
29facility intended for the detention of adults unless the court
30determines that after a hearing and issuing written findings
31it is in the best interest of the child and the community.
32The court shall consider the age of the child, including the
33child’s physical and mental maturity; the present mental state
34of the child, including whether the child presents an imminent
35risk of harm to the child’s self; the nature and circumstances
-4-1of the alleged offense; the child’s history of prior delinquent
2acts; the relative ability of available adult and juvenile
3detention facilities to not only meet the specific needs of the
4child but also to protect the safety of the public as well as
5other detained children; and any other relevant factor.
6The bill provides that if a court determines that it is in
7the best interest of the child and the community to permit a
8child to be detained in a facility intended for the detention
9of adults, the following conditions shall apply: the child
10shall not have sight or sound contact with adult inmates; the
11court shall hold a hearing not less than once every 30 days,
12or in the case of a rural, nonmetropolitan jurisdiction, not
13less than once every 45 days, to review whether it is still in
14the best interest of the child and the community to permit a
15child to be detained in a facility intended for the detention
16of adults; the child shall not be detained in a facility
17intended for the detention of adults for more than 180 days
18unless the court, in writing, determines there is good cause
19for an extension or the child expressly waives this limitation;
20and a child held in a county jail in a facility intended for
21the detention of adults shall have all the rights of adult
22postarrest or pretrial detainees.
23The bill transfers the management and administration of the
24juvenile detention home fund created in Code section 232.142
25from the department of human services to the criminal and
26juvenile justice planning division of the department of human
27rights, and provides that a juvenile detention home shall
28receive financial aid from the state in a manner approved by
29the director of the department of human rights.
30The bill appropriates moneys from the general fund of the
31state for fiscal year 2020-2021 to the criminal and juvenile
32justice planning division of the department of human rights for
33the management and administration of the juvenile detention
34home fund.
-5-as/rh
2the juvenile detention home fund, and making appropriations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.22, subsection 5, paragraph a,
2subparagraph (1), Code 2020, is amended to read as follows:
3(1) The facility serves a geographic area outside a standard
4metropolitan statistical area as determined by the United
5States census bureau office of management and budget.
6 Sec. 2. Section 232.22, subsection 7, Code 2020, is amended
7to read as follows:
87. a. If the court has waived its jurisdiction over the
9child for the alleged commission of a forcible felony offense
10 pursuant to section 232.45 or 232.45A a child age sixteen years
11or older is excluded from the jurisdiction of the juvenile
12court pursuant to section 232.8, subsection 1, paragraph “c”,
13who is awaiting trial or other legal process, and for whom
14 there is a serious risk that the child may commit an act which
15would inflict serious bodily harm on another person, the child
16may be held in the county jail, notwithstanding section 356.3.
17However, wherever possible the child shall be held in sight and
18sound separation from adult offenders. A child held in the
19county jail under this subsection shall have all the rights of
20adult postarrest or pretrial detainees. A child shall not be
21detained in any facility intended for the detention of adults
22unless the court determines that after a hearing and issuing
23written findings, such detention is in the best interest of the
24child and the community. In determining whether it is in the
25best interest of the child and the community to permit a child
26to be detained in a facility intended for the detention of
27adults, the court shall consider all of the following:
28(1) The age of the child, including the child’s physical and
29mental maturity.
30(2) The present mental state of the child, including whether
31the child presents an imminent risk of harm to the child’s
32self.
33(3) The nature and circumstances of the alleged offense.
34(4) The child’s history of prior delinquent acts.
35(5) The relative ability of available adult and juvenile
-1-1detention facilities to not only meet the specific needs of the
2child but also to protect the safety of the public as well as
3other detained children.
4(6) Any other relevant factor.
5b. If a court determines pursuant to paragraph “a” that
6it is in the best interest of the child and the community to
7permit a child to be detained in a facility intended for the
8detention of adults, the following conditions shall apply:
9(1) The child shall not have sight or sound contact with
10adult inmates.
11(2) The court shall hold a hearing, not less than once
12every thirty days, or in the case of a rural, nonmetropolitan
13jurisdiction as determined by the United States office of
14management and budget, not less than once every forty-five
15days, to review whether it is still in the best interest of the
16child and the community to permit a child to be detained in a
17facility intended for the detention of adults.
18(3) The child shall not be detained in a facility intended
19for the detention of adults for more than one hundred eighty
20days unless the court, in writing, determines there is good
21cause for an extension or the child expressly waives this
22limitation.
23(4) A child held in a county jail in a facility intended for
24the detention of adults under this subsection shall have all
25the rights of adult postarrest or pretrial detainees.
26 Sec. 3. Section 232.142, subsections 3 and 6, Code 2020, are
27amended to read as follows:
283. A county or multicounty juvenile detention home approved
29pursuant to this section shall receive financial aid from the
30state in a manner approved by the director of the department
31of human rights. Aid paid by the state shall be at least ten
32percent and not more than fifty percent of the total cost of
33the establishment, improvements, operation, and maintenance of
34the home.
356. A juvenile detention home fund is created in the state
-2-1treasury under the authority of the criminal and juvenile
2justice planning division of the department of human rights.
3The fund shall consist of moneys deposited in the fund pursuant
4to sections 321.218A and 321A.32A. The moneys in the fund
5shall be used for the costs of the establishment, improvement,
6operation, and maintenance of county or multicounty juvenile
7detention homes in accordance with annual appropriations made
8by the general assembly from the fund for these purposes.
9 Sec. 4. JUVENILE DETENTION HOME FUND — TRANSFER OF
10ADMINISTRATION. Moneys deposited in the juvenile detention
11home fund created in section 232.142 during the fiscal
12year beginning July 1, 2020, and ending June 30, 2021, are
13appropriated to the criminal and juvenile justice planning
14division of the department of human rights for the fiscal
15year beginning July 1, 2020, and ending June 30, 2021, for
16distribution as follows:
171. One hundred thousand dollars to each eligible county or
18multicounty juvenile detention home.
192. Any remaining funds shall be distributed in an amount
20equal to a percentage of the costs of the establishment,
21improvement, operation, and maintenance of county or
22multicounty juvenile detention homes in the fiscal year
23beginning July 1, 2019. Moneys appropriated for distribution
24in accordance with this section shall be allocated among
25eligible juvenile detention homes, prorated on the basis of
26an eligible juvenile detention home’s proportion of the costs
27of all eligible detention homes in the fiscal year beginning
28July 1, 2019. The percentage figure shall be determined by the
29department based on the amount available for distribution for
30the fund. Notwithstanding section 232.142, subsection 3, the
31financial aid payable by the state under that provision for the
32fiscal year beginning July 1, 2020, shall be limited to the
33amount appropriated for the purposes of this section.
34 Sec. 5. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION
35— DEPARTMENT OF HUMAN RIGHTS — APPROPRIATION. There is
-3-1appropriated from the general fund of the state to the criminal
2and juvenile justice planning division of the department of
3human rights for the fiscal year beginning July 1, 2020, and
4ending June 30, 2021, the following amount, or so much thereof
5as is necessary, to be used for the purpose designated:
6For the management and administration of the juvenile
7detention home fund created in section 232.142:
.................................................. $820,000
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the placement of a child (person under
13the age of 18) in detention and the juvenile detention home
14fund, and makes appropriations.
15The bill provides that if the court has waived its
16jurisdiction over a child pursuant to Code section 232.45 or
17a child age 16 or older is excluded from the jurisdiction of
18the juvenile court for offenses that involve the manufacture,
19delivery, or possession of controlled substances while in the
20immediate possession or control of a firearm or offensive
21weapon; gang activity involving firearms or offensive weapons;
22felonious possession of an offensive weapon; or any forcible
23felony, and who is awaiting trial or other legal process,
24and there is a serious risk that the child may commit an act
25which would inflict serious bodily harm on another person,
26the child may be held in the county jail. However, wherever
27possible, the child shall be held in sight and sound separation
28from adult offenders. A child shall not be detained in any
29facility intended for the detention of adults unless the court
30determines that after a hearing and issuing written findings
31it is in the best interest of the child and the community.
32The court shall consider the age of the child, including the
33child’s physical and mental maturity; the present mental state
34of the child, including whether the child presents an imminent
35risk of harm to the child’s self; the nature and circumstances
-4-1of the alleged offense; the child’s history of prior delinquent
2acts; the relative ability of available adult and juvenile
3detention facilities to not only meet the specific needs of the
4child but also to protect the safety of the public as well as
5other detained children; and any other relevant factor.
6The bill provides that if a court determines that it is in
7the best interest of the child and the community to permit a
8child to be detained in a facility intended for the detention
9of adults, the following conditions shall apply: the child
10shall not have sight or sound contact with adult inmates; the
11court shall hold a hearing not less than once every 30 days,
12or in the case of a rural, nonmetropolitan jurisdiction, not
13less than once every 45 days, to review whether it is still in
14the best interest of the child and the community to permit a
15child to be detained in a facility intended for the detention
16of adults; the child shall not be detained in a facility
17intended for the detention of adults for more than 180 days
18unless the court, in writing, determines there is good cause
19for an extension or the child expressly waives this limitation;
20and a child held in a county jail in a facility intended for
21the detention of adults shall have all the rights of adult
22postarrest or pretrial detainees.
23The bill transfers the management and administration of the
24juvenile detention home fund created in Code section 232.142
25from the department of human services to the criminal and
26juvenile justice planning division of the department of human
27rights, and provides that a juvenile detention home shall
28receive financial aid from the state in a manner approved by
29the director of the department of human rights.
30The bill appropriates moneys from the general fund of the
31state for fiscal year 2020-2021 to the criminal and juvenile
32justice planning division of the department of human rights for
33the management and administration of the juvenile detention
34home fund.
-5-as/rh