Proyectos de ley › 89.ª Asamblea General
Relating to the placement of a child in detention, and including effective date provisions
Presentado por el comité Judiciary del Senado
Temas:Courts & civil lawCrime & correctionsFamilies & human services
La misma legislación: SSB 1109
Dónde está ahora
- Hecho: Presentado27 de enero de 2021
- Hecho: Subcomité28 de enero de 2021
- Hecho: Comité del Senado10 de febrero de 2021
- Hecho: Lo aprueba el Senado10 de marzo de 202148–0
- Hecho: Comité de la Cámara2 de abril de 2021
- Hecho: Lo aprueba la Cámara13 de abril de 2021
- Hecho: A gobernador(a)30 de abril de 2021
- Hecho: Firmado como ley30 de abril de 2021
Firmado como ley ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA Judges can now allow children to stay in detention for longer periods if the facility is located in a rural area. If a child must be held in an adult jail while waiting for trial, a judge must first hold a hearing to decide if it is safe for the child and the community. When held in an adult facility, the child cannot see or hear adult inmates and must have their situation reviewed by a court regularly. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to the placement of a child (person under the age of 18) in detention. The bill provides that a judge or magistrate may authorize detention for a period of time in excess of hours but less than hours only if the facility serves a geographic area outside a standard metropolitan statistical area as determined by the United States office of management and budget. Under current law, the United States census bureau determines the standard metropolitan statistical area.45A, or the child is excluded from the jurisdiction of the juvenile court for offenses that involve the manufacture, delivery, or possession of controlled substances while in the immediate possession or control of a firearm or offensive weapon; gang activity involving firearms or offensive weapons; felonious possession of an offensive weapon; or any forcible felony, 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, such detention is in the best interest of the child and the community. The district court shall consider the age of the child, including the child’s physical and mental maturity; the present mental state of the child, including whether the child presents an imminent risk of harm to the child’s self; the nature and circumstances of the alleged offense; the child’s history of prior delinquent acts; 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; and any other relevant factor. The bill provides that if a court determines 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: the child shall not have sight or sound contact with adult inmates; the court shall hold a hearing not less than once every days, or in the case of a rural, nonmetropolitan jurisdiction, not less than once every 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; the child shall not be detained in a facility intended for the detention of adults for more than 180 days unless the court, in writing, determines there is good cause for an extension or the child expressly waives this limitation; and a child detained in a county jail in a facility intended for the detention of adults shall have all the rights of adult postarrest or pretrial detainees. The bill takes effect December 18, 2021.
Cambiado después por la enmienda S-3062; vea Enmiendas.
Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2
House subcommittee
Named March 15, 2021. On March 30, 2021 it recommended passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Nota fiscal
Resumen con IA This bill prevents children being tried as adults from being placed in adult detention facilities unless a court determines it is in the best interest of the child and the community. The bill is estimated to have a positive fiscal impact for the state by ensuring Iowa maintains at least $400,000 in annual federal Title II formula funds and an average of $400,000 in additional discretionary grants. The fiscal impact on counties is estimated to be minimal. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 357 relates to the placement of a child (a person under age 18) in detention. The Bill provides that if the court has waived its jurisdiction over a child pursuant to Iowa Code section 232.45 or 232.45A, the child being tried as an adult shall not be placed in an adult detention facility while awaiting trial or other legal processes, unless the court determines that it is in the best interest of the child and the community. The Bill outlines the factors to be considered by the court in making the determination. The Bill also outlines several conditions that must apply if a child is detained in a facility intended for the detention of adults. The Bill takes effect December 18, 2021.
Background
In December 2018, Congress passed the Juvenile Justice Reform Act of 2018 (JJRA), which reauthorized the Juvenile Justice Delinquency Prevention Act (JJDPA). A new provision of the federal law prohibits states from placing youth under 18 years old in adult jails if they are being prosecuted as an adult and awaiting trial. The federal law allows a youth to be placed in an adult jail if the court determines after a hearing that placement in an adult facility is in the best interest of the juvenile and community.
Iowa has two types of juvenile detention centers (JDCs): county-owned and regional facilities. There are four county-owned facilities (Woodbury, Polk, Linn, and Scott) and five regional facilities (North Iowa JDC, Central Iowa JDC, Northwest Iowa JDC, Southwest Iowa JDC, and South Iowa Area JDC). Over the last five years, there were an average of 409 adult court waiver holds per year. Of those holds, 255 (62.3%) were at JDCs and 154 (37.7%) at adult jails. The average length of stay at JDCs for adult court waiver youth is 28.1 days, and the average length of stay at adult jails is 57.8 days.
Currently, Polk, Linn, Pottawattamie, Johnson, Story, and Woodbury counties do not hold juveniles at their adult jails. Adult court waiver youth are already detained at JDCs or at other county jails. Those counties, along with Scott, Black Hawk, and Dubuque counties, account for many of the adult court waiver youth in the State.
Assumptions
- Noncompliance with the new requirements in the JJDPA will result in a loss of juvenile justice grant funding from the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP).
- On average, 59.7% of beds would be used on a daily basis if all those under 18 are held in JDCs. Placing all youth in JDCs instead of county jails would increase the number of juveniles detained by 5.3% on average.
- The average cost to detain a youth in a JDC is about $175 per day. The average cost to detain an individual in an adult jail is approximately $50 to $60 per day.
Fiscal Impact
Senate File 357 is estimated to have a positive fiscal impact to the State. The provisions in this Bill would modify the Iowa Code to be consistent and in compliance with the new federal requirement, which would ensure that Iowa will maintain its annual federal award from the OJJDP. Annually, Iowa receives a minimum of $400,000 in Title II formula funds from the OJJDP, along with discretionary grants averaging an additional $400,000. The majority of the funds are for services provided to youth in the juvenile justice system. The fiscal impact of this Bill on counties is estimated to be minimal. For county-owned JDCs, there is no fiscal impact to the county because the facility is already funded through the county budget and the JDC does not charge a fee to the adult jail to detain adult court waiver youth. For regional facilities, which serve a group of counties, there may be an increase in juvenile detention costs for the counties placing youth at these facilities when the youth are moved from the adult jail and the JDC charges the county for the hold. However, the impact is estimated to be minimal because the majority of adult court waiver youth are currently already being held at JDCs.
Source
- Division of Criminal and Juvenile Justice Planning, Department of Human Rights
- Final Fiscal Note — Juvenile Defendant in Adult Court, Detention · 8 de junio de 2021
- Juvenile Defendant in Adult Court, Detention · 16 de febrero de 2021
Lo que cambia del Código de Iowa (Iowa Code)
Modifica§232.22
Cabildeo
2 a favor · 2 en contra · 12 indecisos · Quiénes →
Family tree
Study bill
89th General Assembly
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- SF 2279 Relating to the placement of a child in detention and the juvenile detention home fund, an…88th General Assembly · In committee · similarCleared committee
Matched by wording or an identical title.