Senate File 357 - EnrolledAn Actrelating to the placement of a child in detention, and
including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 232.22, subsection 5, Code 2021, is
amended to read as follows:
   5.  a.  A child shall not be detained in a facility under
subsection 3, paragraph “c”, for a period of time in excess of
six hours without the oral or written order of a judge or a
magistrate authorizing the detention. A judge or magistrate
may authorize detention in a facility under subsection 3,
paragraph “c”, for a period of time in excess of six hours
but less than twenty-four hours, excluding weekends and legal
holidays, but only if all of the following occur or exist:
   (1)    a.  The facility serves a geographic area outside a
standard metropolitan statistical area as determined by the
United States census bureau office of management and budget.
   (2)    b.  The court determines that an acceptable alternative
placement does not exist pursuant to criteria developed by the
department of human services.
   (3)    c.  The facility has been certified by the department
of corrections as being capable of sight and sound separation
pursuant to this section and section 356.3.
   (4)    d.  The child is awaiting an initial hearing before the
court pursuant to section 232.44.
   b.  The restrictions contained in this subsection relating
to the detention of a child in a facility under subsection
3, paragraph “c”, do not apply if the court has waived its
jurisdiction over the child for the alleged commission of a
felony offense pursuant to section 232.45.
   Sec. 2.  Section 232.22, subsection 7, Code 2021, is amended
to read as follows:
   7.  a.  If the juvenile court has waived its jurisdiction
over the child for the alleged commission of a forcible felony
offense
pursuant to section 232.45 or 232.45A, and there is
a serious risk that the child may commit an act which would
inflict serious bodily harm on another person, the child may
be held in the county jail, notwithstanding section 356.3.
However, wherever possible the child shall be held in sight and
-1-sound separation from adult offenders. A child held in the
county jail under this subsection shall have all the rights
of adult postarrest or pretrial detainees.
 or the child is
excluded from the jurisdiction of the juvenile court pursuant
to section 232.8, subsection 1, paragraph “c”, and the child
is awaiting trial or other legal process, the child shall
not be detained in any facility intended for the detention
of adults unless the district court determines that after a
hearing and issuing written findings, that such detention
is in the best interest of the child and the community. In
determining whether it is in the best interest of the child and
the community to permit a child to be detained in a facility
intended for the detention of adults, the court shall consider
all of the following:

   (1)  The age of the child, including the child’s physical and
mental maturity.
   (2)  The present mental state of the child, including whether
the child presents an imminent risk of harm to the child’s
self.
   (3)  The nature and circumstances of the alleged offense.
   (4)  The child’s history of prior delinquent acts.
   (5)  The relative ability of available adult and juvenile
detention facilities to not only meet the specific needs of the
child but also to protect the safety of the public as well as
other detained children.
   (6)  Any other relevant factor.
   b.  If a court determines pursuant to paragraph “a” that
it is in the best interest of the child and the community to
permit a child to be detained in a facility intended for the
detention of adults, the following conditions shall apply:
   (1)  The child shall not have sight or sound contact with
adult inmates.
   (2)  The court shall hold a hearing, not less than once
every thirty days, or in the case of a rural, nonmetropolitan
jurisdiction as determined by the United States office of
-2-management and budget, not less than once every forty-five
days, to review whether it is still in the best interest of the
child and the community to permit a child to be detained in a
facility intended for the detention of adults.
   (3)  The child shall not be detained in a facility intended
for the detention of adults for more than one hundred eighty
days unless the court, in writing, determines there is good
cause for an extension or the child expressly waives this
limitation.
   (4)  A child detained in a county jail in a facility intended
for the detention of adults under this subsection shall have
all the rights of adult postarrest or pretrial detainees.
   Sec. 3.  EFFECTIVE DATE.  This Act takes effect December 18,
2021.
______________________________
JAKE CHAPMANPresident of the Senate
______________________________
PAT GRASSLEYSpeaker of the House
   I hereby certify that this bill originated in the Senate and is known as Senate File 357, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the Senate
Approved _______________, 2021______________________________
KIM REYNOLDSGovernor
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