Bill Text: IA SSB1109 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the placement of a child in detention.(See SF 357.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-10 - Committee report approving bill, renumbered as SF 357. [SSB1109 Detail]
Download: Iowa-2021-SSB1109-Introduced.html
Senate
Study
Bill
1109
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
RIGHTS/CRIMINAL
AND
JUVENILE
JUSTICE
PLANNING
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
child
in
detention.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
232.22,
subsection
5,
Code
2021,
is
1
amended
to
read
as
follows:
2
5.
a.
A
child
shall
not
be
detained
in
a
facility
under
3
subsection
3
,
paragraph
“c”
,
for
a
period
of
time
in
excess
of
4
six
hours
without
the
oral
or
written
order
of
a
judge
or
a
5
magistrate
authorizing
the
detention.
A
judge
or
magistrate
6
may
authorize
detention
in
a
facility
under
subsection
3
,
7
paragraph
“c”
,
for
a
period
of
time
in
excess
of
six
hours
8
but
less
than
twenty-four
hours,
excluding
weekends
and
legal
9
holidays,
but
only
if
all
of
the
following
occur
or
exist:
10
(1)
a.
The
facility
serves
a
geographic
area
outside
a
11
standard
metropolitan
statistical
area
as
determined
by
the
12
United
States
census
bureau
office
of
management
and
budget
.
13
(2)
b.
The
court
determines
that
an
acceptable
alternative
14
placement
does
not
exist
pursuant
to
criteria
developed
by
the
15
department
of
human
services.
16
(3)
c.
The
facility
has
been
certified
by
the
department
17
of
corrections
as
being
capable
of
sight
and
sound
separation
18
pursuant
to
this
section
and
section
356.3
.
19
(4)
d.
The
child
is
awaiting
an
initial
hearing
before
the
20
court
pursuant
to
section
232.44
.
21
b.
The
restrictions
contained
in
this
subsection
relating
22
to
the
detention
of
a
child
in
a
facility
under
subsection
23
3
,
paragraph
“c”
,
do
not
apply
if
the
court
has
waived
its
24
jurisdiction
over
the
child
for
the
alleged
commission
of
a
25
felony
offense
pursuant
to
section
232.45
.
26
Sec.
2.
Section
232.22,
subsection
7,
Code
2021,
is
amended
27
to
read
as
follows:
28
7.
a.
If
the
court
has
waived
its
jurisdiction
over
the
29
child
for
the
alleged
commission
of
a
forcible
felony
offense
30
pursuant
to
section
232.45
or
232.45A
,
and
there
is
a
serious
31
risk
that
the
child
may
commit
an
act
which
would
inflict
32
serious
bodily
harm
on
another
person,
the
child
may
be
held
33
in
the
county
jail,
notwithstanding
section
356.3
.
However,
34
wherever
possible
the
child
shall
be
held
in
sight
and
sound
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separation
from
adult
offenders.
A
child
held
in
the
county
1
jail
under
this
subsection
shall
have
all
the
rights
of
adult
2
postarrest
or
pretrial
detainees.
a
child
age
sixteen
years
or
3
older
who
is
excluded
from
the
jurisdiction
of
the
juvenile
4
court
pursuant
to
section
232.8,
subsection
1,
paragraph
“c”
,
5
while
awaiting
trial
or
other
legal
process,
shall
not
be
6
detained
in
any
facility
intended
for
the
detention
of
adults
7
unless
the
court
determines
that
after
a
hearing
and
issuing
8
written
findings,
such
detention
is
in
the
best
interest
of
the
9
child
and
the
community.
In
determining
whether
it
is
in
the
10
best
interest
of
the
child
and
the
community
to
permit
a
child
11
to
be
detained
in
a
facility
intended
for
the
detention
of
12
adults,
the
court
shall
consider
all
of
the
following:
13
(1)
The
age
of
the
child,
including
the
child’s
physical
and
14
mental
maturity.
15
(2)
The
present
mental
state
of
the
child,
including
whether
16
the
child
presents
an
imminent
risk
of
harm
to
the
child’s
17
self.
18
(3)
The
nature
and
circumstances
of
the
alleged
offense.
19
(4)
The
child’s
history
of
prior
delinquent
acts.
20
(5)
The
relative
ability
of
available
adult
and
juvenile
21
detention
facilities
to
not
only
meet
the
specific
needs
of
the
22
child
but
also
to
protect
the
safety
of
the
public
as
well
as
23
other
detained
children.
24
(6)
Any
other
relevant
factor.
25
b.
If
a
court
determines
pursuant
to
paragraph
“a”
that
26
it
is
in
the
best
interest
of
the
child
and
the
community
to
27
permit
a
child
to
be
detained
in
a
facility
intended
for
the
28
detention
of
adults,
the
following
conditions
shall
apply:
29
(1)
The
child
shall
not
have
sight
or
sound
contact
with
30
adult
inmates.
31
(2)
The
court
shall
hold
a
hearing,
not
less
than
once
32
every
thirty
days,
or
in
the
case
of
a
rural,
nonmetropolitan
33
jurisdiction
as
determined
by
the
United
States
office
of
34
management
and
budget,
not
less
than
once
every
forty-five
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days,
to
review
whether
it
is
still
in
the
best
interest
of
the
1
child
and
the
community
to
permit
a
child
to
be
detained
in
a
2
facility
intended
for
the
detention
of
adults.
3
(3)
The
child
shall
not
be
detained
in
a
facility
intended
4
for
the
detention
of
adults
for
more
than
one
hundred
eighty
5
days
unless
the
court,
in
writing,
determines
there
is
good
6
cause
for
an
extension
or
the
child
expressly
waives
this
7
limitation.
8
(4)
A
child
detained
in
a
county
jail
in
a
facility
intended
9
for
the
detention
of
adults
under
this
subsection
shall
have
10
all
the
rights
of
adult
postarrest
or
pretrial
detainees.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
placement
of
a
child
(person
under
15
the
age
of
18)
in
detention.
16
The
bill
provides
that
a
judge
or
magistrate
may
authorize
17
detention
for
a
period
of
time
in
excess
of
6
hours
but
less
18
than
24
hours
only
if
the
facility
serves
a
geographic
area
19
outside
a
standard
metropolitan
statistical
area
as
determined
20
by
the
United
States
office
of
management
and
budget.
Current
21
law
states
that
it
is
the
U.S.
census
bureau
that
determines
22
the
standard
metropolitan
statistical
area.
23
The
bill
provides
that
if
the
court
has
waived
its
24
jurisdiction
over
a
child
pursuant
to
Code
section
232.45
25
or
232.45A,
a
child
age
16
or
older
who
is
excluded
from
26
the
jurisdiction
of
the
juvenile
court
for
offenses
that
27
involve
the
manufacture,
delivery,
or
possession
of
controlled
28
substances
while
in
the
immediate
possession
or
control
of
a
29
firearm
or
offensive
weapon;
gang
activity
involving
firearms
30
or
offensive
weapons;
felonious
possession
of
an
offensive
31
weapon;
or
any
forcible
felony,
the
child,
while
awaiting
32
trial
or
other
legal
process,
shall
not
be
detained
in
any
33
facility
intended
for
the
detention
of
adults
unless
the
court
34
determines
that
after
a
hearing
and
issuing
written
findings
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it
is
in
the
best
interest
of
the
child
and
the
community.
1
The
court
shall
consider
the
age
of
the
child,
including
the
2
child’s
physical
and
mental
maturity;
the
present
mental
state
3
of
the
child,
including
whether
the
child
presents
an
imminent
4
risk
of
harm
to
the
child’s
self;
the
nature
and
circumstances
5
of
the
alleged
offense;
the
child’s
history
of
prior
delinquent
6
acts;
the
relative
ability
of
available
adult
and
juvenile
7
detention
facilities
to
not
only
meet
the
specific
needs
of
the
8
child
but
also
to
protect
the
safety
of
the
public
as
well
as
9
other
detained
children;
and
any
other
relevant
factor.
10
The
bill
provides
that
if
a
court
determines
that
it
is
in
11
the
best
interest
of
the
child
and
the
community
to
permit
a
12
child
to
be
detained
in
a
facility
intended
for
the
detention
13
of
adults,
the
following
conditions
shall
apply:
the
child
14
shall
not
have
sight
or
sound
contact
with
adult
inmates;
the
15
court
shall
hold
a
hearing
not
less
than
once
every
30
days,
or
16
in
the
case
of
a
rural,
nonmetropolitan
jurisdiction,
not
less
17
than
once
every
45
days,
to
review
whether
it
is
still
in
the
18
best
interest
of
the
child
and
the
community
to
permit
a
child
19
to
be
detained
in
a
facility
intended
for
the
detention
of
20
adults;
the
child
shall
not
be
detained
in
a
facility
intended
21
for
the
detention
of
adults
for
more
than
180
days
unless
22
the
court,
in
writing,
determines
there
is
good
cause
for
an
23
extension
or
the
child
expressly
waives
this
limitation;
and
24
a
child
detained
in
a
county
jail
in
a
facility
intended
for
25
the
detention
of
adults
shall
have
all
the
rights
of
adult
26
postarrest
or
pretrial
detainees.
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