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Senate File 357 - IntroducedA Bill ForAn Act 1relating to the placement of a child in detention, and
2including effective date provisions.
3BE 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 juvenile court has waived its jurisdiction
30over the child for the alleged commission of a forcible felony
31offense pursuant to section 232.45, or 232.45A, or and there
32is a serious risk that the child may commit an act which would
33inflict serious bodily harm on another person, the child may
34be held in the county jail, notwithstanding section 356.3.
35However, wherever possible the child shall be held in sight and
-1-1sound separation from adult offenders. A child held in the
2county jail under this subsection shall have all the rights of
3adult postarrest or pretrial detainees. the child is excluded
4from the jurisdiction of the juvenile court pursuant to section
5232.8, subsection 1, paragraph “c”, and the child is awaiting
6trial or other legal process, the child shall not be detained
7in any facility intended for the detention of adults unless
8the district court determines that after a hearing and issuing
9written findings, that such detention is in the best interest
10of the child and the community. In determining whether it is
11in the best interest of the child and the community to permit a
12child to be detained in a facility intended for the detention
13of adults, 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.
12 Sec. 3. EFFECTIVE DATE. This Act takes effect December 18,
132021.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to the placement of a child (person under
18the age of 18) in detention.
19The bill provides that a judge or magistrate may authorize
20detention for a period of time in excess of 6 hours but less
21than 24 hours only if the facility serves a geographic area
22outside a standard metropolitan statistical area as determined
23by the United States office of management and budget. Under
24current law, the United States census bureau determines the
25standard metropolitan statistical area.
26The bill provides that if the juvenile court has waived its
27jurisdiction over a child pursuant to Code section 232.45 or
28232.45A, or the child is excluded from the jurisdiction of
29the juvenile court for offenses that involve the manufacture,
30delivery, or possession of controlled substances while in the
31immediate possession or control of a firearm or offensive
32weapon; gang activity involving firearms or offensive weapons;
33felonious possession of an offensive weapon; or any forcible
34felony, and the child is awaiting trial or other legal
35process, the child shall not be detained in any facility
-3-1intended for the detention of adults unless the district court
2determines that after a hearing and issuing written findings,
3such detention is in the best interest of the child and the
4community. The district court shall consider the age of the
5child, including the child’s physical and mental maturity; the
6present mental state of the child, including whether the child
7presents an imminent risk of harm to the child’s self; the
8nature and circumstances of the alleged offense; the child’s
9history of prior delinquent acts; the relative ability of
10available adult and juvenile detention facilities to not only
11meet the specific needs of the child but also to protect the
12safety of the public as well as other detained children; and
13any other relevant factor.
14The bill provides that if a court determines that it is in
15the best interest of the child and the community to permit a
16child to be detained in a facility intended for the detention
17of adults, the following conditions shall apply: the child
18shall not have sight or sound contact with adult inmates; the
19court shall hold a hearing not less than once every 30 days, or
20in the case of a rural, nonmetropolitan jurisdiction, not less
21than once every 45 days, to review whether it is still in the
22best interest of the child and the community to permit a child
23to be detained in a facility intended for the detention of
24adults; the child shall not be detained in a facility intended
25for the detention of adults for more than 180 days unless
26the court, in writing, determines there is good cause for an
27extension or the child expressly waives this limitation; and
28a child detained in a county jail in a facility intended for
29the detention of adults shall have all the rights of adult
30postarrest or pretrial detainees.
31The bill takes effect December 18, 2021.
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2including effective date provisions.
3BE 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 juvenile court has waived its jurisdiction
30over the child for the alleged commission of a forcible felony
31offense pursuant to section 232.45, or 232.45A, or and there
32is a serious risk that the child may commit an act which would
33inflict serious bodily harm on another person, the child may
34be held in the county jail, notwithstanding section 356.3.
35However, wherever possible the child shall be held in sight and
-1-1sound separation from adult offenders. A child held in the
2county jail under this subsection shall have all the rights of
3adult postarrest or pretrial detainees. the child is excluded
4from the jurisdiction of the juvenile court pursuant to section
5232.8, subsection 1, paragraph “c”, and the child is awaiting
6trial or other legal process, the child shall not be detained
7in any facility intended for the detention of adults unless
8the district court determines that after a hearing and issuing
9written findings, that such detention is in the best interest
10of the child and the community. In determining whether it is
11in the best interest of the child and the community to permit a
12child to be detained in a facility intended for the detention
13of adults, 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.
12 Sec. 3. EFFECTIVE DATE. This Act takes effect December 18,
132021.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to the placement of a child (person under
18the age of 18) in detention.
19The bill provides that a judge or magistrate may authorize
20detention for a period of time in excess of 6 hours but less
21than 24 hours only if the facility serves a geographic area
22outside a standard metropolitan statistical area as determined
23by the United States office of management and budget. Under
24current law, the United States census bureau determines the
25standard metropolitan statistical area.
26The bill provides that if the juvenile court has waived its
27jurisdiction over a child pursuant to Code section 232.45 or
28232.45A, or the child is excluded from the jurisdiction of
29the juvenile court for offenses that involve the manufacture,
30delivery, or possession of controlled substances while in the
31immediate possession or control of a firearm or offensive
32weapon; gang activity involving firearms or offensive weapons;
33felonious possession of an offensive weapon; or any forcible
34felony, and the child is awaiting trial or other legal
35process, the child shall not be detained in any facility
-3-1intended for the detention of adults unless the district court
2determines that after a hearing and issuing written findings,
3such detention is in the best interest of the child and the
4community. The district court shall consider the age of the
5child, including the child’s physical and mental maturity; the
6present mental state of the child, including whether the child
7presents an imminent risk of harm to the child’s self; the
8nature and circumstances of the alleged offense; the child’s
9history of prior delinquent acts; the relative ability of
10available adult and juvenile detention facilities to not only
11meet the specific needs of the child but also to protect the
12safety of the public as well as other detained children; and
13any other relevant factor.
14The bill provides that if a court determines that it is in
15the best interest of the child and the community to permit a
16child to be detained in a facility intended for the detention
17of adults, the following conditions shall apply: the child
18shall not have sight or sound contact with adult inmates; the
19court shall hold a hearing not less than once every 30 days, or
20in the case of a rural, nonmetropolitan jurisdiction, not less
21than once every 45 days, to review whether it is still in the
22best interest of the child and the community to permit a child
23to be detained in a facility intended for the detention of
24adults; the child shall not be detained in a facility intended
25for the detention of adults for more than 180 days unless
26the court, in writing, determines there is good cause for an
27extension or the child expressly waives this limitation; and
28a child detained in a county jail in a facility intended for
29the detention of adults shall have all the rights of adult
30postarrest or pretrial detainees.
31The bill takes effect December 18, 2021.
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