| 1 | 1 | | House File 670 - Introduced HOUSE FILE 670 BY CROKEN A BILL FOR An Act relating to the jurisdiction of the juvenile court and 1 juvenile pre-charge diversion programs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1239YH (3) 91 dg/ko |
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| 3 | 3 | | H.F. 670 Section 1. Section 216A.136, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 14. Juvenile pre-charge juvenile diversion 3 program data maintained under section 232.14. 4 Sec. 2. Section 232.2, subsection 5, Code 2025, is amended 5 to read as follows: 6 5. Child means a person under eighteen years of age. For 7 the purposes of this subchapter and subchapter II, child also 8 means a person under twenty-one years of age who is alleged 9 to have committed an offense for which the juvenile court has 10 exclusive original jurisdiction if the proceedings related to 11 that offense began prior to the person attaining eighteen years 12 of age. 13 Sec. 3. Section 232.2, Code 2025, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 37A. Juvenile pre-charge diversion program 16 means a program certified by the department pursuant to section 17 232.14 to coordinate services for a child who is alleged to 18 have committed an offense that, if committed by an adult, would 19 constitute a simple misdemeanor for the purpose of diverting 20 the child from the jurisdiction of juvenile court. 21 Sec. 4. Section 232.8, subsection 1, paragraph c, Code 2025, 22 is amended by striking the paragraph and inserting in lieu 23 thereof the following: 24 c. (1) The juvenile court shall retain jurisdiction in 25 proceedings concerning all of the following: 26 (a) A child if the alleged offense that, if committed by an 27 adult, would constitute a misdemeanor. 28 (b) A person whose case was transferred to the jurisdiction 29 of the juvenile court pursuant to an order under section 803.5. 30 (c) A child under the age of seventeen who allegedly 31 committed an offense of animal torture as provided in section 32 717B.3A. 33 (2) Juvenile court jurisdiction of a child who is alleged to 34 have committed an offense that, if committed by an adult, would 35 -1- LSB 1239YH (3) 91 dg/ko 1/ 7 |
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| 5 | 5 | | H.F. 670 constitute a felony shall be subject to section 232.45. 1 Sec. 5. NEW SECTION . 232.14 Juvenile pre-charge diversion 2 programs. 3 1. The department shall certify juvenile pre-charge 4 diversion programs that offer rehabilitative services to a 5 child who could be subject to the jurisdiction of the juvenile 6 court. 7 2. To be eligible for participation in a certified juvenile 8 pre-charge diversion program, a child must have allegedly 9 committed an offense that, if committed by an adult, would 10 constitute a simple misdemeanor and must not have been referred 11 to a juvenile pre-charge diversion program within the twelve 12 months prior to the date of the alleged offense. 13 3. The department shall determine by rule minimum standards 14 for juvenile pre-charge diversion programs which shall require 15 that a juvenile pre-charge diversion program be a short-term, 16 community-based program that focuses on skill building and 17 restorative justice principles. The department shall designate 18 the types of activities that a juvenile pre-charge diversion 19 program may include to meet minimum standards. 20 4. The department shall determine minimum requirements 21 for a juvenile pre-charge diversion program participants 22 completion of a juvenile pre-charge diversion program. 23 5. Juvenile pre-charge diversion programs shall collect 24 data on all children who participate in the program and submit 25 the data to the department for recordkeeping, research, and 26 evaluation purposes. 27 6. Prior to filing a complaint pursuant to section 232.28 28 against a child who meets the requirements to participate in 29 a juvenile pre-charge diversion program, a peace officer or 30 law enforcement agency shall determine whether a juvenile 31 pre-charge diversion program certified pursuant to subsection 32 1 exists within the jurisdiction of the peace officer or law 33 enforcement agency. If the peace officer or law enforcement 34 agency determines a juvenile pre-charge diversion program is 35 -2- LSB 1239YH (3) 91 dg/ko 2/ 7 |
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| 7 | 7 | | H.F. 670 available for a child, the peace officer or law enforcement 1 agency shall refer the child to the juvenile pre-charge 2 diversion program instead of filing a complaint against the 3 child. 4 7. The department shall adopt rules for the implementation 5 of this section. 6 Sec. 6. Section 232.22, subsection 7, paragraph a, 7 unnumbered paragraph 1, Code 2025, is amended to read as 8 follows: 9 If the juvenile court has waived its jurisdiction over the 10 child pursuant to section 232.45 or 232.45A or the child is 11 excluded from the jurisdiction of the juvenile court pursuant 12 to section 232.8, subsection 1 , paragraph c , and the child 13 is awaiting trial or other legal process, the child shall 14 not be detained in any facility intended for the detention 15 of adults unless the district court determines that after a 16 hearing and issuing written findings, that such detention 17 is in the best interest of the child and the community. In 18 determining whether it is in the best interest of the child and 19 the community to permit a child to be detained in a facility 20 intended for the detention of adults, the court shall consider 21 all of the following: 22 Sec. 7. Section 232.45, subsection 1, Code 2025, is amended 23 to read as follows: 24 1. After Subject to section 232.8, subsection 1, paragraph 25 c , subparagraph (1), after the filing of a petition which 26 alleges that a child has committed a delinquent act on the 27 basis of an alleged commission of a public offense that, if 28 committed by an adult, would constitute a felony and before an 29 adjudicatory hearing on the merits of the petition is held, 30 the county attorney or the child may file a motion requesting 31 the court to waive its jurisdiction over the child for the 32 alleged commission of the public offense delinquent act or 33 for the purpose of prosecution of the child as an adult or a 34 youthful offender. If the county attorney and the child agree, 35 -3- LSB 1239YH (3) 91 dg/ko 3/ 7 |
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| 9 | 9 | | H.F. 670 a motion for waiver for the purpose of being prosecuted as a 1 youthful offender may be heard by the district court as part 2 of the proceedings under section 907.3A , or by the juvenile 3 court as provided in this section . If the motion for waiver 4 for the purpose of being prosecuted as a youthful offender is 5 made as a result of a conditional agreement between the county 6 attorney and the child, the conditions of the agreement shall 7 be disclosed to the court in the same manner as provided in 8 rules of criminal procedure 2.8 and 2.10 . Sec. 8. Section 232.45, subsection 6, paragraph b, Code 10 2025, is amended to read as follows: 11 b. The court determines, or has previously determined in a 12 detention hearing under section 232.44 , that there is probable 13 cause to believe that the child has committed a delinquent act 14 which that, if committed by an adult, would constitute the 15 public offense a felony . 16 Sec. 9. Section 232.45, subsection 7, paragraph a, 17 subparagraph (2), Code 2025, is amended by striking the 18 subparagraph. 19 Sec. 10. Section 232.149, subsection 3, Code 2025, is 20 amended by striking the subsection. 21 Sec. 11. Section 803.6, Code 2025, is amended by striking 22 the section. 23 Sec. 12. DEPARTMENT OF HEALTH AND HUMAN SERVICES JUVENILE 24 PROBATION TECHNICAL VIOLATIONS STUDY COMMITTEE. The 25 department of health and human services shall convene a study 26 committee to meet during the 2025 legislative interim to 27 examine alternatives to placing juveniles in detention for 28 probation or technical violations including community-based 29 and residential rehabilitation alternatives for moderate and 30 high-risk juvenile offenders. The membership of the committee 31 shall, at a minimum, consist of a representative from the 32 department of health and human services, a representative from 33 the department of justice, and a member of the judicial branch. 34 The committee shall submit a report detailing the committees 35 -4- LSB 1239YH (3) 91 dg/ko 4/ 7 |
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| 11 | 11 | | H.F. 670 findings and recommendations to the general assembly and the 1 governor no later than December 15, 2025. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to the jurisdiction of the juvenile court 6 and juvenile pre-charge diversion programs. 7 The bill defines child for the purposes of Code chapter 8 232 (juvenile justice), subchapters I (construction and 9 definitions) and II (juvenile delinquency proceedings), as a 10 person under 21 years of age who is alleged to have committed 11 an offense for which the juvenile court has exclusive original 12 jurisdiction if the proceedings related to that offense began 13 prior to the person attaining 18 years of age. Current law 14 defines child as a person under 18 years of age. 15 The bill defines juvenile pre-charge diversion program 16 as a program certified by the department of health and human 17 services (HHS) to coordinate services for a child who is 18 alleged to have committed an offense that, if committed by an 19 adult, would constitute a simple misdemeanor for the purpose of 20 diverting the child from juvenile court proceedings. 21 The bill provides that the juvenile court shall retain 22 jurisdiction in proceedings concerning a child if the alleged 23 offense would constitute a misdemeanor if committed by an 24 adult, if the childs case was transferred to the jurisdiction 25 of the juvenile court from a district court because the child 26 allegedly committed the offense prior to reaching 18 years of 27 age, or if the proceeding concerns an offense of animal torture 28 alleged to have been committed by a child under 17 years of 29 age. Juvenile court jurisdiction of a child who allegedly 30 commits an offense that, if committed by an adult, would 31 constitute a felony may be waived upon a juvenile court making 32 certain findings under Code section 232.45. 33 JUVENILE PRE-CHARGE DIVERSION PROGRAMS. The bill provides 34 that HHS shall certify juvenile pre-charge diversion programs 35 -5- LSB 1239YH (3) 91 dg/ko 5/ 7 |
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| 13 | 13 | | H.F. 670 that offer rehabilitative services to a child who could be 1 subject to the jurisdiction of the juvenile court for the 2 purpose of diverting the child from a formal adjudication in 3 juvenile court. To be eligible for participation, the child 4 must have allegedly committed an offense that, if committed by 5 an adult, would constitute a simple misdemeanor and must not 6 have been referred to a juvenile pre-charge diversion program 7 within the 12 months prior to the date of the alleged offense. 8 The bill requires HHS to determine by rule minimum standards 9 for juvenile pre-charge diversion programs. Minimum standards 10 must require that a juvenile pre-charge diversion program 11 be a short-term, community-based program that focuses on 12 skill building and restorative justice principles. HHS must 13 designate the types of activities that a juvenile pre-charge 14 diversion program may include. The bill requires HHS to 15 determine minimum requirements for a program participants 16 completion of a juvenile pre-charge diversion program and 17 requires HHS to adopt rules for the implementation of certified 18 juvenile pre-charge diversion programs. 19 The bill requires a juvenile court to make a finding that 20 there is probable cause to believe that a child has committed a 21 delinquent act that, if committed by an adult, would constitute 22 a felony before the court is allowed to waive its jurisdiction 23 over the child to allow the child to be tried as an adult. 24 Under current law, the juvenile court is only required to find 25 there is probable cause to believe the child has committed 26 a delinquent act before the court is allowed to waive its 27 jurisdiction. 28 The bill directs HHS to convene a study committee during the 29 2025 legislative interim to examine alternatives to placing 30 juveniles in detention for probation or technical violations, 31 including but not limited to community-based and residential 32 rehabilitation alternatives for moderate and high-risk juvenile 33 offenders. Committee membership must include, at a minimum, a 34 representative from HHS and the department of justice, and a 35 -6- LSB 1239YH (3) 91 dg/ko 6/ 7 |
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| 15 | 15 | | H.F. 670 member of the judicial branch. The bill requires the committee 1 to submit a report detailing its findings and recommendations 2 to the general assembly and the governor no later than December 3 15, 2025. 4 The bill makes conforming Code changes to Code sections 5 232.22 (placement in detention), 232.45 (waiver hearing and 6 waiver of jurisdiction), 232.149 (records of criminal or 7 juvenile agencies), and 803.6 (transfer of jurisdiction 8 juvenile). 9 -7- LSB 1239YH (3) 91 dg/ko 7/ 7 |
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