Bill Text: IA SF365 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to the placement of a juvenile on youthful offender status in district court. (Formerly SSB 1043.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-20 - Senate amendment H-8303 filed. H.J. 614. [SF365 Detail]
Download: Iowa-2011-SF365-Amended.html
Senate
File
365
-
Reprinted
SENATE
FILE
365
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1043)
(As
Amended
and
Passed
by
the
Senate
March
14,
2011
)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
juvenile
on
youthful
1
offender
status
in
district
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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365
Section
1.
Section
232.8,
subsection
3,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
The
juvenile
court,
after
a
hearing
and
in
accordance
3
with
the
provisions
of
section
232.45
,
may
waive
jurisdiction
4
of
a
child
alleged
to
have
committed
a
public
offense
so
5
that
the
child
may
be
prosecuted
as
an
adult
or
youthful
6
offender
for
such
offense
in
another
court.
If
the
child
,
7
except
a
child
being
prosecuted
as
a
youthful
offender,
pleads
8
guilty
or
is
found
guilty
of
a
public
offense
other
than
a
9
class
“A”
felony
in
another
court
of
this
state,
that
court
10
may
suspend
the
sentence
or,
with
the
consent
of
the
child,
11
defer
judgment
and
without
regard
to
restrictions
placed
upon
12
deferred
judgments
for
adults,
place
the
child
on
probation
for
13
a
period
of
not
less
than
one
year
upon
such
conditions
as
it
14
may
require.
Upon
fulfillment
of
the
conditions
of
probation,
15
a
child
who
receives
a
deferred
judgment
shall
be
discharged
16
without
entry
of
judgment.
A
child
prosecuted
as
a
youthful
17
offender
shall
be
sentenced
pursuant
to
section
907.3A.
18
Sec.
2.
Section
232.50,
subsection
1,
Code
2011,
is
amended
19
to
read
as
follows:
20
1.
As
soon
as
practicable
following
the
entry
of
an
order
of
21
adjudication
pursuant
to
section
232.47
or
notification
that
22
the
child
has
received
a
youthful
offender
deferred
sentence
23
been
placed
on
youthful
offender
status
pursuant
to
section
24
907.3A
,
the
court
shall
hold
a
dispositional
hearing
in
order
25
to
determine
what
disposition
should
be
made
of
the
matter.
26
Sec.
3.
Section
232.52,
subsection
1,
Code
2011,
is
amended
27
to
read
as
follows:
28
1.
Pursuant
to
a
hearing
as
provided
in
section
232.50
,
the
29
court
shall
enter
the
least
restrictive
dispositional
order
30
appropriate
in
view
of
the
seriousness
of
the
delinquent
act,
31
the
child’s
culpability
as
indicated
by
the
circumstances
of
32
the
particular
case,
the
age
of
the
child,
the
child’s
prior
33
record,
or
the
fact
that
the
child
has
received
a
youthful
34
offender
deferred
sentence
been
placed
on
youthful
offender
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status
under
section
907.3A
.
The
order
shall
specify
the
1
duration
and
the
nature
of
the
disposition,
including
the
type
2
of
residence
or
confinement
ordered
and
the
individual,
agency,
3
department
,
or
facility
in
whom
custody
is
vested.
In
the
4
case
of
a
child
who
has
received
a
youthful
offender
deferred
5
sentence
been
placed
on
youthful
offender
status
,
the
initial
6
duration
of
the
dispositional
order
shall
be
until
the
child
7
reaches
the
age
of
eighteen.
8
Sec.
4.
Section
232.54,
subsection
1,
paragraph
g,
Code
9
2011,
is
amended
to
read
as
follows:
10
g.
With
respect
to
a
juvenile
court
dispositional
order
11
entered
regarding
a
child
who
has
received
a
youthful
offender
12
deferred
sentence
been
placed
on
youthful
offender
status
under
13
section
907.3A
,
the
dispositional
order
may
be
terminated
14
prior
to
the
child
reaching
the
age
of
eighteen
upon
motion
15
of
the
child,
the
person
or
agency
to
whom
custody
of
the
16
child
has
been
transferred,
or
the
county
attorney
following
17
a
hearing
before
the
juvenile
court
if
it
is
shown
by
clear
18
and
convincing
evidence
that
it
is
in
the
best
interests
of
19
the
child
and
the
community
to
terminate
the
order.
The
20
hearing
may
be
waived
if
all
parties
to
the
proceeding
21
agree.
The
dispositional
order
regarding
a
child
who
has
22
received
a
youthful
offender
deferred
sentence
been
placed
on
23
youthful
offender
status
may
also
be
terminated
prior
to
the
24
child
reaching
the
age
of
eighteen
upon
motion
of
the
county
25
attorney,
if
the
waiver
of
the
child
to
district
court
was
26
conditioned
upon
the
terms
of
an
agreement
between
the
county
27
attorney
and
the
child,
and
the
child
violates
the
terms
of
28
the
agreement
after
the
waiver
order
has
been
entered.
The
29
district
court
shall
discharge
the
child’s
youthful
offender
30
status
upon
receiving
a
termination
order
under
this
section
.
31
Sec.
5.
Section
232.54,
subsection
1,
paragraph
h,
32
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
33
follows:
34
With
respect
to
a
dispositional
order
entered
regarding
a
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child
who
has
received
a
youthful
offender
deferred
sentence
1
been
placed
on
youthful
offender
status
under
section
907.3A
,
2
the
juvenile
court
may,
in
the
case
of
a
child
who
violates
the
3
terms
of
the
order,
modify
or
terminate
the
order
in
accordance
4
with
the
following:
5
Sec.
6.
Section
232.55,
subsection
3,
Code
2011,
is
amended
6
to
read
as
follows:
7
3.
This
section
does
not
apply
to
dispositional
orders
8
entered
regarding
a
child
who
has
received
a
youthful
offender
9
deferred
sentence
been
placed
on
youthful
offender
status
under
10
section
907.3A
who
is
not
discharged
from
probation
before
or
11
upon
the
child’s
eighteenth
birthday.
12
Sec.
7.
Section
232.56,
Code
2011,
is
amended
to
read
as
13
follows:
14
232.56
Youthful
offenders
——
transfer
to
district
court
15
supervision.
16
The
juvenile
court
shall
deliver
a
report,
which
includes
17
an
assessment
of
the
child
by
a
juvenile
court
officer
18
after
consulting
with
the
judicial
district
department
of
19
correctional
services,
to
the
district
court
prior
to
the
20
eighteenth
birthday
of
a
child
who
has
received
a
youthful
21
offender
deferred
sentence
been
placed
on
youthful
offender
22
status
under
section
907.3A
.
A
hearing
shall
be
held
in
23
the
district
court
in
accordance
with
section
907.3A
to
24
determine
whether
the
child
should
be
discharged
from
youthful
25
offender
status
or
whether
the
child
shall
continue
under
the
26
supervision
of
the
district
court
after
the
child’s
eighteenth
27
birthday.
28
Sec.
8.
Section
907.3A,
Code
2011,
is
amended
to
read
as
29
follows:
30
907.3A
Youthful
offender
deferred
sentence
——
youthful
31
offender
status.
32
1.
Notwithstanding
section
907.3
but
subject
to
any
33
conditions
of
the
waiver
order,
the
trial
court
shall,
upon
34
a
plea
of
guilty
or
a
verdict
of
guilty,
defer
sentence
of
a
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youthful
offender
place
the
juvenile
over
whom
the
juvenile
1
court
has
waived
jurisdiction
pursuant
to
section
232.45,
2
subsection
7
,
and
place
the
juvenile
on
youthful
offender
3
status.
The
court
shall
transfer
supervision
of
the
youthful
4
offender
to
the
juvenile
court
for
disposition
in
accordance
5
with
section
232.52
.
An
adjudication
of
delinquency
entered
6
by
the
juvenile
court
for
a
public
offense
shall
not
be
deemed
7
a
conviction
and
shall
not
preclude
the
subsequent
entry
of
8
a
deferred
judgment,
conviction,
or
sentence
by
the
district
9
court.
The
court
shall
require
supervision
of
the
youthful
10
offender
in
accordance
with
section
232.54,
subsection
1
,
11
paragraph
“h”
,
or
subsection
2
of
this
section
.
Notwithstanding
12
section
901.2,
a
presentence
investigation
shall
not
be
13
ordered
by
the
court
subsequent
to
an
entry
of
a
plea
of
guilty
14
or
verdict
of
guilty
or
prior
to
deferral
of
sentence
of
a
15
youthful
offender
under
this
section.
16
2.
The
court
shall
hold
a
hearing
prior
to
a
youthful
17
offender’s
eighteenth
birthday
to
determine
whether
the
18
youthful
offender
shall
continue
on
youthful
offender
status
19
after
the
youthful
offender’s
eighteenth
birthday
under
the
20
supervision
of
the
court
or
be
discharged
.
Notwithstanding
21
section
901.2,
the
court
may
order
a
presentence
investigation
22
report
including
a
report
for
an
offense
classified
as
a
class
23
“A”
felony.
The
court
shall
review
the
report
of
the
juvenile
24
court
regarding
the
youthful
offender
and
prepared
pursuant
25
to
section
232.56,
and
any
presentence
investigation
report,
26
if
ordered
by
the
court.
The
court
shall
hear
evidence
by
or
27
on
behalf
of
the
youthful
offender,
by
the
county
attorney,
28
and
by
the
person
or
agency
to
whom
custody
of
the
youthful
29
offender
was
transferred.
The
court
shall
make
its
decision
,
30
pursuant
to
the
sentencing
options
available
in
subsection
31
3,
after
considering
the
services
available
to
the
youthful
32
offender,
the
evidence
presented,
the
juvenile
court’s
report,
33
the
presentence
investigation
report
if
ordered
by
the
court,
34
the
interests
of
the
youthful
offender,
and
interests
of
the
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community.
1
3.
a.
Notwithstanding
any
provision
of
the
Code
which
2
prescribes
a
mandatory
minimum
sentence
for
the
offense
3
committed
by
the
youthful
offender,
following
transfer
of
the
4
youthful
offender
from
the
juvenile
court
back
to
the
court
5
having
jurisdiction
over
the
criminal
proceedings
involving
the
6
youthful
offender,
the
court
may
continue
the
youthful
offender
7
deferred
sentence
or
enter
a
sentence,
which
may
be
a
suspended
8
sentence.
shall
order
one
of
the
following
sentencing
options:
9
(1)
Defer
judgment
and
place
the
youthful
offender
on
10
probation,
upon
the
consent
of
the
youthful
offender.
11
(2)
Defer
the
sentence
and
place
the
youthful
offender
12
on
probation
upon
such
terms
and
conditions
as
the
court
may
13
require.
14
(3)
Suspend
the
sentence
and
place
the
youthful
offender
15
on
probation
upon
such
terms
and
conditions
as
the
court
may
16
require.
17
(4)
A
term
of
confinement.
18
(5)
Discharge
the
youthful
offender
from
youthful
offender
19
status
and
terminate
the
sentence.
20
b.
Notwithstanding
anything
in
section
907.7
to
the
21
contrary,
if
the
district
court
either
grants
the
youthful
22
offender
a
deferred
judgment,
continues
the
youthful
offender
23
deferred
sentence
,
or
enters
a
sentence
,
and
suspends
the
24
sentence,
and
places
the
youthful
offender
on
probation,
the
25
term
of
formal
supervision
shall
commence
upon
entry
of
the
26
order
by
the
district
court
and
may
continue
for
a
period
not
27
to
exceed
five
years.
If
the
district
court
enters
a
sentence
28
of
confinement,
and
the
youthful
offender
was
previously
placed
29
in
secure
confinement
by
the
juvenile
court
under
the
terms
30
of
the
initial
disposition
order
or
any
modification
to
the
31
initial
disposition
order,
the
person
shall
receive
credit
for
32
any
time
spent
in
secure
confinement.
During
any
period
of
33
probation
imposed
by
the
district
court,
a
youthful
offender
34
who
violates
the
terms
of
probation
is
subject
to
section
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