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Senate Study Bill 1109 - IntroducedA Bill ForAn Act 1relating to the placement of a child in detention.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.22, subsection 5, Code 2021, is
2amended to read as follows:
35. a. A child shall not be detained in a facility under
4subsection 3, paragraph “c”, for a period of time in excess of
5six hours without the oral or written order of a judge or a
6magistrate authorizing the detention. A judge or magistrate
7may authorize detention in a facility under subsection 3,
8paragraph “c”, for a period of time in excess of six hours
9but less than twenty-four hours, excluding weekends and legal
10holidays, but only if all of the following occur or exist:
11(1) a. The facility serves a geographic area outside a
12standard metropolitan statistical area as determined by the
13United States census bureau office of management and budget.
14(2) b. The court determines that an acceptable alternative
15placement does not exist pursuant to criteria developed by the
16department of human services.
17(3) c. The facility has been certified by the department
18of corrections as being capable of sight and sound separation
19pursuant to this section and section 356.3.
20(4) d. The child is awaiting an initial hearing before the
21court pursuant to section 232.44.
22b. The restrictions contained in this subsection relating
23to the detention of a child in a facility under subsection
243, paragraph “c”, do not apply if the court has waived its
25jurisdiction over the child for the alleged commission of a
26felony offense pursuant to section 232.45.
27 Sec. 2. Section 232.22, subsection 7, Code 2021, is amended
28to read as follows:
297. a. If the court has waived its jurisdiction over the
30child for the alleged commission of a forcible felony offense
31 pursuant to section 232.45 or 232.45A, and there is a serious
32risk that the child may commit an act which would inflict
33serious bodily harm on another person, the child may be held
34in the county jail, notwithstanding section 356.3. However,
35wherever possible the child shall be held in sight and sound
-1-1separation from adult offenders. A child held in the county
2jail under this subsection shall have all the rights of adult
3postarrest or pretrial detainees. a child age sixteen years or
4older who is excluded from the jurisdiction of the juvenile
5court pursuant to section 232.8, subsection 1, paragraph “c”,
6while awaiting trial or other legal process, shall not be
7detained in any facility intended for the detention of adults
8unless the court determines that after a hearing and issuing
9written findings, such detention is in the best interest of the
10child and the community. In determining whether it is in the
11best interest of the child and the community to permit a child
12to be detained in a facility intended for the detention of
13adults, the court shall consider all of the following:
14(1) The age of the child, including the child’s physical and
15mental maturity.
16(2) The present mental state of the child, including whether
17the child presents an imminent risk of harm to the child’s
18self.
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
22detention facilities to not only meet the specific needs of the
23child but also to protect the safety of the public as well as
24other detained children.
25(6) Any other relevant factor.
26b. If a court determines pursuant to paragraph “a” that
27it is in the best interest of the child and the community to
28permit a child to be detained in a facility intended for the
29detention of adults, the following conditions shall apply:
30(1) The child shall not have sight or sound contact with
31adult inmates.
32(2) The court shall hold a hearing, not less than once
33every thirty days, or in the case of a rural, nonmetropolitan
34jurisdiction as determined by the United States office of
35management and budget, not less than once every forty-five
-2-1days, to review whether it is still in the best interest of the
2child and the community to permit a child to be detained in a
3facility intended for the detention of adults.
4(3) The child shall not be detained in a facility intended
5for the detention of adults for more than one hundred eighty
6days unless the court, in writing, determines there is good
7cause for an extension or the child expressly waives this
8limitation.
9(4) A child detained in a county jail in a facility intended
10for the detention of adults under this subsection shall have
11all the rights of adult postarrest or pretrial detainees.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the placement of a child (person under
16the age of 18) in detention.
17The bill provides that a judge or magistrate may authorize
18detention for a period of time in excess of 6 hours but less
19than 24 hours only if the facility serves a geographic area
20outside a standard metropolitan statistical area as determined
21by the United States office of management and budget. Current
22law states that it is the U.S. census bureau that determines
23the standard metropolitan statistical area.
24The bill provides that if the court has waived its
25jurisdiction over a child pursuant to Code section 232.45
26or 232.45A, a child age 16 or older who is excluded from
27the jurisdiction of the juvenile court for offenses that
28involve the manufacture, delivery, or possession of controlled
29substances while in the immediate possession or control of a
30firearm or offensive weapon; gang activity involving firearms
31or offensive weapons; felonious possession of an offensive
32weapon; or any forcible felony, the child, while awaiting
33trial or other legal process, shall not be detained in any
34facility intended for the detention of adults unless the court
35determines that after a hearing and issuing written findings
-3-1it is in the best interest of the child and the community.
2The court shall consider the age of the child, including the
3child’s physical and mental maturity; the present mental state
4of the child, including whether the child presents an imminent
5risk of harm to the child’s self; the nature and circumstances
6of the alleged offense; the child’s history of prior delinquent
7acts; the relative ability of available adult and juvenile
8detention facilities to not only meet the specific needs of the
9child but also to protect the safety of the public as well as
10other detained children; and any other relevant factor.
11The bill provides that if a court determines that it is in
12the best interest of the child and the community to permit a
13child to be detained in a facility intended for the detention
14of adults, the following conditions shall apply: the child
15shall not have sight or sound contact with adult inmates; the
16court shall hold a hearing not less than once every 30 days, or
17in the case of a rural, nonmetropolitan jurisdiction, not less
18than once every 45 days, to review whether it is still in the
19best interest of the child and the community to permit a child
20to be detained in a facility intended for the detention of
21adults; the child shall not be detained in a facility intended
22for the detention of adults for more than 180 days unless
23the court, in writing, determines there is good cause for an
24extension or the child expressly waives this limitation; and
25a child detained in a county jail in a facility intended for
26the detention of adults shall have all the rights of adult
27postarrest or pretrial detainees.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.22, subsection 5, Code 2021, is
2amended to read as follows:
35. a. A child shall not be detained in a facility under
4subsection 3, paragraph “c”, for a period of time in excess of
5six hours without the oral or written order of a judge or a
6magistrate authorizing the detention. A judge or magistrate
7may authorize detention in a facility under subsection 3,
8paragraph “c”, for a period of time in excess of six hours
9but less than twenty-four hours, excluding weekends and legal
10holidays, but only if all of the following occur or exist:
11(1) a. The facility serves a geographic area outside a
12standard metropolitan statistical area as determined by the
13United States census bureau office of management and budget.
14(2) b. The court determines that an acceptable alternative
15placement does not exist pursuant to criteria developed by the
16department of human services.
17(3) c. The facility has been certified by the department
18of corrections as being capable of sight and sound separation
19pursuant to this section and section 356.3.
20(4) d. The child is awaiting an initial hearing before the
21court pursuant to section 232.44.
22b. The restrictions contained in this subsection relating
23to the detention of a child in a facility under subsection
243, paragraph “c”, do not apply if the court has waived its
25jurisdiction over the child for the alleged commission of a
26felony offense pursuant to section 232.45.
27 Sec. 2. Section 232.22, subsection 7, Code 2021, is amended
28to read as follows:
297. a. If the court has waived its jurisdiction over the
30child for the alleged commission of a forcible felony offense
31 pursuant to section 232.45 or 232.45A, and there is a serious
32risk that the child may commit an act which would inflict
33serious bodily harm on another person, the child may be held
34in the county jail, notwithstanding section 356.3. However,
35wherever possible the child shall be held in sight and sound
-1-1separation from adult offenders. A child held in the county
2jail under this subsection shall have all the rights of adult
3postarrest or pretrial detainees. a child age sixteen years or
4older who is excluded from the jurisdiction of the juvenile
5court pursuant to section 232.8, subsection 1, paragraph “c”,
6while awaiting trial or other legal process, shall not be
7detained in any facility intended for the detention of adults
8unless the court determines that after a hearing and issuing
9written findings, such detention is in the best interest of the
10child and the community. In determining whether it is in the
11best interest of the child and the community to permit a child
12to be detained in a facility intended for the detention of
13adults, the court shall consider all of the following:
14(1) The age of the child, including the child’s physical and
15mental maturity.
16(2) The present mental state of the child, including whether
17the child presents an imminent risk of harm to the child’s
18self.
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
22detention facilities to not only meet the specific needs of the
23child but also to protect the safety of the public as well as
24other detained children.
25(6) Any other relevant factor.
26b. If a court determines pursuant to paragraph “a” that
27it is in the best interest of the child and the community to
28permit a child to be detained in a facility intended for the
29detention of adults, the following conditions shall apply:
30(1) The child shall not have sight or sound contact with
31adult inmates.
32(2) The court shall hold a hearing, not less than once
33every thirty days, or in the case of a rural, nonmetropolitan
34jurisdiction as determined by the United States office of
35management and budget, not less than once every forty-five
-2-1days, to review whether it is still in the best interest of the
2child and the community to permit a child to be detained in a
3facility intended for the detention of adults.
4(3) The child shall not be detained in a facility intended
5for the detention of adults for more than one hundred eighty
6days unless the court, in writing, determines there is good
7cause for an extension or the child expressly waives this
8limitation.
9(4) A child detained in a county jail in a facility intended
10for the detention of adults under this subsection shall have
11all the rights of adult postarrest or pretrial detainees.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to the placement of a child (person under
16the age of 18) in detention.
17The bill provides that a judge or magistrate may authorize
18detention for a period of time in excess of 6 hours but less
19than 24 hours only if the facility serves a geographic area
20outside a standard metropolitan statistical area as determined
21by the United States office of management and budget. Current
22law states that it is the U.S. census bureau that determines
23the standard metropolitan statistical area.
24The bill provides that if the court has waived its
25jurisdiction over a child pursuant to Code section 232.45
26or 232.45A, a child age 16 or older who is excluded from
27the jurisdiction of the juvenile court for offenses that
28involve the manufacture, delivery, or possession of controlled
29substances while in the immediate possession or control of a
30firearm or offensive weapon; gang activity involving firearms
31or offensive weapons; felonious possession of an offensive
32weapon; or any forcible felony, the child, while awaiting
33trial or other legal process, shall not be detained in any
34facility intended for the detention of adults unless the court
35determines that after a hearing and issuing written findings
-3-1it is in the best interest of the child and the community.
2The court shall consider the age of the child, including the
3child’s physical and mental maturity; the present mental state
4of the child, including whether the child presents an imminent
5risk of harm to the child’s self; the nature and circumstances
6of the alleged offense; the child’s history of prior delinquent
7acts; the relative ability of available adult and juvenile
8detention facilities to not only meet the specific needs of the
9child but also to protect the safety of the public as well as
10other detained children; and any other relevant factor.
11The bill provides that if a court determines that it is in
12the best interest of the child and the community to permit a
13child to be detained in a facility intended for the detention
14of adults, the following conditions shall apply: the child
15shall not have sight or sound contact with adult inmates; the
16court shall hold a hearing not less than once every 30 days, or
17in the case of a rural, nonmetropolitan jurisdiction, not less
18than once every 45 days, to review whether it is still in the
19best interest of the child and the community to permit a child
20to be detained in a facility intended for the detention of
21adults; the child shall not be detained in a facility intended
22for the detention of adults for more than 180 days unless
23the court, in writing, determines there is good cause for an
24extension or the child expressly waives this limitation; and
25a child detained in a county jail in a facility intended for
26the detention of adults shall have all the rights of adult
27postarrest or pretrial detainees.
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