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Senate File 357 - ReprintedA 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, and there is
32a 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
3of adult postarrest or pretrial detainees. or the child is
4excluded from the jurisdiction of the juvenile court pursuant
5to section 232.8, subsection 1, paragraph “c”, and the child
6is awaiting trial or other legal process, the child shall
7not be detained in any facility intended for the detention
8of adults unless the district court determines that after a
9hearing and issuing written findings, that such detention
10is in the best interest of the child and the community. In
11determining whether it is in the best interest of the child and
12the community to permit a child to be detained in a facility
13intended for the detention of adults, the court shall consider
14all of the following:
15(1) The age of the child, including the child’s physical and
16mental maturity.
17(2) The present mental state of the child, including whether
18the child presents an imminent risk of harm to the child’s
19self.
20(3) The nature and circumstances of the alleged offense.
21(4) The child’s history of prior delinquent acts.
22(5) The relative ability of available adult and juvenile
23detention facilities to not only meet the specific needs of the
24child but also to protect the safety of the public as well as
25other detained children.
26(6) Any other relevant factor.
27b. If a court determines pursuant to paragraph “a” that
28it is in the best interest of the child and the community to
29permit a child to be detained in a facility intended for the
30detention of adults, the following conditions shall apply:
31(1) The child shall not have sight or sound contact with
32adult inmates.
33(2) The court shall hold a hearing, not less than once
34every thirty days, or in the case of a rural, nonmetropolitan
35jurisdiction as determined by the United States office of
-2-1management and budget, not less than once every forty-five
2days, to review whether it is still in the best interest of the
3child and the community to permit a child to be detained in a
4facility intended for the detention of adults.
5(3) The child shall not be detained in a facility intended
6for the detention of adults for more than one hundred eighty
7days unless the court, in writing, determines there is good
8cause for an extension or the child expressly waives this
9limitation.
10(4) A child detained in a county jail in a facility intended
11for the detention of adults under this subsection shall have
12all the rights of adult postarrest or pretrial detainees.
13 Sec. 3. EFFECTIVE DATE. This Act takes effect December 18,
142021.
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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, and there is
32a 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
3of adult postarrest or pretrial detainees. or the child is
4excluded from the jurisdiction of the juvenile court pursuant
5to section 232.8, subsection 1, paragraph “c”, and the child
6is awaiting trial or other legal process, the child shall
7not be detained in any facility intended for the detention
8of adults unless the district court determines that after a
9hearing and issuing written findings, that such detention
10is in the best interest of the child and the community. In
11determining whether it is in the best interest of the child and
12the community to permit a child to be detained in a facility
13intended for the detention of adults, the court shall consider
14all of the following:
15(1) The age of the child, including the child’s physical and
16mental maturity.
17(2) The present mental state of the child, including whether
18the child presents an imminent risk of harm to the child’s
19self.
20(3) The nature and circumstances of the alleged offense.
21(4) The child’s history of prior delinquent acts.
22(5) The relative ability of available adult and juvenile
23detention facilities to not only meet the specific needs of the
24child but also to protect the safety of the public as well as
25other detained children.
26(6) Any other relevant factor.
27b. If a court determines pursuant to paragraph “a” that
28it is in the best interest of the child and the community to
29permit a child to be detained in a facility intended for the
30detention of adults, the following conditions shall apply:
31(1) The child shall not have sight or sound contact with
32adult inmates.
33(2) The court shall hold a hearing, not less than once
34every thirty days, or in the case of a rural, nonmetropolitan
35jurisdiction as determined by the United States office of
-2-1management and budget, not less than once every forty-five
2days, to review whether it is still in the best interest of the
3child and the community to permit a child to be detained in a
4facility intended for the detention of adults.
5(3) The child shall not be detained in a facility intended
6for the detention of adults for more than one hundred eighty
7days unless the court, in writing, determines there is good
8cause for an extension or the child expressly waives this
9limitation.
10(4) A child detained in a county jail in a facility intended
11for the detention of adults under this subsection shall have
12all the rights of adult postarrest or pretrial detainees.
13 Sec. 3. EFFECTIVE DATE. This Act takes effect December 18,
142021.
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