Read the full stored bill text
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
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
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
participant’s
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
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
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
committee’s
35
-4-
LSB
1239YH
(3)
91
dg/ko
4/
7
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
explanation’s
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
child’s
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
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
participant’s
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
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