Iowa House Bill HF86

Iowa 2023-2024 Regular Session

• Introduced: 1/23/23
• Refer: 1/23/23

Caption

A bill for an act relating to the jurisdiction of the juvenile court and juvenile pre-charge diversion programs.

Impact

The bill establishes a framework for juvenile pre-charge diversion programs that require certification by the division of criminal and juvenile justice planning (CJJP). Such programs are designed to offer rehabilitative services to young offenders, diverting them from formal adjudication in juvenile court. Eligible juveniles are those who allegedly committed simple misdemeanors and have not participated in similar programs within the past year. This approach is intended to reduce the burden on courts and encourage positive behavioral change through community-based interventions.

Summary

House File 86 aims to reform the jurisdiction of the juvenile court and establish pre-charge diversion programs for juveniles accused of offenses. The bill mandates that the juvenile court can only waive its jurisdiction, allowing a minor to be tried as an adult, under specific conditions, particularly when the offense could lead to felony charges. This change aims to provide more structure in how juvenile cases are handled, especially for those who commit non-violent offenses. By retaining jurisdiction over certain cases, it seeks to promote rehabilitation over punishment for younger individuals.

Contention

Critics of HF86 may raise concerns regarding the implications of narrowing the circumstances under which juveniles can be tried as adults, arguing it could create disparities in how justice is administered based on the nature of offenses and the ages of individuals involved. Additionally, discussions surrounding funding and resource allocation for the proposed diversion programs might create contention among lawmakers, particularly regarding their sustainability and effectiveness in practice. The bill's adoption may signal a shift towards a more rehabilitative approach in juvenile justice within the state.