Bills › 89th General Assembly
SSB 1109
Topics:Courts & civil lawCrime & correctionsFamilies & human services
Same legislation: SF 357
Where it is now
- Done: IntroducedJanuary 27, 2021
- Done: SubcommitteeJanuary 28, 2021
- Done: Senate committeeFebruary 10, 2021
- Skipped: Passes the SenateContinued as SF 357
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 357 → Its progress continues under the new number. Go to SF 357 What’s a funnel?
What’s in it
AI summary Judges would have more flexibility to keep children in detention for longer periods if the facility is located in a rural area. For certain serious crimes, a child cannot be held in an adult jail unless a judge holds a hearing and decides it is best for both the child and the community. If a child is placed in an adult facility, they must be kept away from adult inmates and cannot stay there for more than 180 days without special permission.1
Read the official explanation
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. census bureau that determines the standard metropolitan statistical area. _____ it is in the best interest of the child and the community. The 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.
Changed since by amendment S-3062; see Amendments.
Senate subcommittee
Named January 28, 2021. On February 3, 2021 it recommended amendment and passage.
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
Fiscal note
AI summary 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.3
Read the fiscal note
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 · June 8, 2021
- Juvenile Defendant in Adult Court, Detention · February 16, 2021
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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.