2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.45 - WAIVER HEARING AND WAIVER OF JURISDICTION.

        232.45  WAIVER HEARING AND WAIVER OF JURISDICTION.
         1.  After the filing of a petition which alleges that a child has
      committed a delinquent act on the basis of an alleged commission of a
      public offense and before an adjudicatory hearing on the merits of
      the petition is held, the county attorney or the child may file a
      motion requesting the court to waive its jurisdiction over the child
      for the alleged commission of the public offense or for the purpose
      of prosecution of the child as an adult or a youthful offender.  If
      the county attorney and the child agree, a motion for waiver for the
      purpose of being prosecuted as a youthful offender may be heard by
      the district court as part of the proceedings under section 907.3A,
      or by the juvenile court as provided in this section.  If the motion
      for waiver for the purpose of being prosecuted as a youthful offender
      is made as a result of a conditional agreement between the county
      attorney and the child, the conditions of the agreement shall be
      disclosed to the court in the same manner as provided in rules of
      criminal procedure 2.8 and 2.10.
         2.  The court shall hold a waiver hearing on all such motions.
         3.  Reasonable notice that states the time, place, and purpose of
      the waiver hearing shall be provided to the persons required to be
      provided notice for adjudicatory hearings under section 232.37.
      Summons, subpoenas, and other process may be issued and served in the
      same manner as for adjudicatory hearings as provided in section
      232.37.
         4.  Prior to the waiver hearing, the juvenile probation officer or
      other person or agency designated by the court shall conduct an
      investigation for the purpose of collecting information relevant to
      the court's decision to waive its jurisdiction over the child for the
      alleged commission of the public offense and shall submit a report
      concerning the investigation to the court.  The report shall include
      any recommendations made concerning waiver.  Prior to the hearing the
      court shall provide the child's counsel and the county attorney with
      access to the report and to all written material to be considered by
      the court.
         5.  At the waiver hearing all relevant and material evidence shall
      be admitted.
         6.  At the conclusion of the waiver hearing the court may waive
      its jurisdiction over the child for the alleged commission of the
      public offense if all of the following apply:
         a.  The child is fourteen years of age or older.
         b.  The court determines, or has previously determined in a
      detention hearing under section 232.44, that there is probable cause
      to believe that the child has committed a delinquent act which would
      constitute the public offense.
         c.  The court determines that the state has established that
      there are not reasonable prospects for rehabilitating the child if
      the juvenile court retains jurisdiction over the child and the child
      is adjudicated to have committed the delinquent act, and that waiver
      of the court's jurisdiction over the child for the alleged commission
      of the public offense would be in the best interests of the child and
      the community.
         7. a.  At the conclusion of the waiver hearing and after
      considering the best interests of the child and the best interests of
      the community the court may, in order that the child may be
      prosecuted as a youthful offender, waive its jurisdiction over the
      child if all of the following apply:
         (1)  The child is fifteen years of age or younger.
         (2)  The court determines, or has previously determined in a
      detention hearing under section 232.44, that there is probable cause
      to believe that the child has committed a delinquent act which would
      constitute a public offense under section 232.8, subsection 1,
      paragraph "c", notwithstanding the application of that paragraph
      to children aged sixteen or older.
         (3)  The court determines that the state has established that
      there are not reasonable prospects for rehabilitating the child,
      prior to the child's eighteenth birthday, if the juvenile court
      retains jurisdiction over the child and the child enters into a plea
      agreement, is a party to a consent decree, or is adjudicated to have
      committed the delinquent act.
         b.  The court shall retain jurisdiction over the child for the
      purpose of determining whether the child should be released from
      detention under section 232.23.  If the court has been apprised of
      conditions of an agreement between the county attorney and the child
      which resulted in a motion for waiver for purposes of the child being
      prosecuted as a youthful offender, and the court finds that the
      conditions are in the best interests of the child, the conditions of
      the agreement shall constitute conditions of the waiver order.
         8.  In making the determination required by subsection 6,
      paragraph "c", the factors which the court shall consider include
      but are not limited to the following:
         a.  The nature of the alleged delinquent act and the
      circumstances under which it was committed.
         b.  The nature and extent of the child's prior contacts with
      juvenile authorities, including past efforts of such authorities to
      treat and rehabilitate the child and the response to such efforts.
         c.  The programs, facilities and personnel available to the
      juvenile court for rehabilitation and treatment of the child, and the
      programs, facilities and personnel which would be available to the
      court that would have jurisdiction in the event the juvenile court
      waives its jurisdiction so that the child can be prosecuted as an
      adult.
         9.  In making the determination required by subsection 7,
      paragraph "a", subparagraph (3), the factors which the court
      shall consider include but are not limited to the following:
         a.  The nature of the alleged delinquent act and the
      circumstances under which it was committed.
         b.  The nature and extent of the child's prior contacts with
      juvenile authorities, including past efforts of such authorities to
      treat and rehabilitate the child and the response to such efforts.
         c.  The age of the child, the programs, facilities, and
      personnel available to the juvenile court for rehabilitation and
      treatment of the child, and the programs, facilities, and personnel
      which would be available to the district court after the child
      reaches the age of eighteen in the event the child is given youthful
      offender status.
         10.  If at the conclusion of the hearing the court waives its
      jurisdiction over the child for the alleged commission of the public
      offense, the court shall make and file written findings as to its
      reasons for waiving its jurisdiction.
         11. a.  If the court waives jurisdiction, statements made by
      the child after being taken into custody and prior to intake are
      admissible as evidence in chief against the child in subsequent
      criminal proceedings provided that the statements were made with the
      advice of the child's counsel or after waiver of the child's right to
      counsel and provided that the court finds the child had voluntarily
      waived the right to remain silent.  Other statements made by a child
      are admissible as evidence in chief provided that the court finds the
      statements were voluntary.  In making its determination, the court
      may consider any factors it finds relevant and shall consider the
      following factors:
         (1)  Opportunity for the child to consult with a parent, guardian,
      custodian, lawyer, or other adult.
         (2)  The age of the child.
         (3)  The child's level of education.
         (4)  The child's level of intelligence.
         (5)  Whether the child was advised of the child's constitutional
      rights.
         (6)  Length of time the child was held in shelter care or
      detention before making the statement in question.
         (7)  The nature of the questioning which elicited the statement.
         (8)  Whether physical punishment such as deprivation of food or
      sleep was used upon the child during the shelter care, detention, or
      questioning.
         b.  Statements made by the child during intake or at a waiver
      hearing held pursuant to this section are not admissible as evidence
      in chief against the child in subsequent criminal proceedings over
      the child's objection in any event.
         12.  If the court waives its jurisdiction over the child for the
      alleged commission of the public offense so that the child may be
      prosecuted as an adult or a youthful offender, the judge who made the
      waiver decision shall not preside at any subsequent proceedings in
      connection with that prosecution if the child objects.
         13.  The waiver does not apply to other delinquent acts which are
      not alleged in the delinquency petition presented at the waiver
      hearing.
         14. a.  If a child who is alleged to have delivered,
      manufactured, or possessed with intent to deliver or manufacture, a
      controlled substance except marijuana, as defined in chapter 124, is
      waived to district court for prosecution, the mandatory minimum
      sentence provided in section 124.413 shall not be imposed if a
      conviction is had; however, each child convicted of such an offense
      shall be confined for not less than thirty days in a secure facility.

         b.  Upon application of a person charged or convicted under
      the authority of this subsection, the district court shall order the
      records in the case sealed if:
         (1)  Five years have elapsed since the final discharge of that
      person; and
         (2)  The person has not been convicted of a felony or an
      aggravated or serious misdemeanor, or adjudicated a delinquent for an
      act which if committed by an adult would be a felony, or an
      aggravated or serious misdemeanor since the final discharge of that
      person.  

         Section History: Early Form

         [C79, 81, § 232.45] 

         Section History: Recent Form

         85 Acts, ch 130, §1, 2; 97 Acts, ch 126, §20--23; 2001 Acts, ch
      135, §26; 2009 Acts, ch 41, §263
         Referred to in § 232.8, 232.9, 232.11, 232.22, 232.44, 232.45A,
      232.89, 803.5, 803.6, 903.1, 904.503, 907.3A, 915.37
         Age of majority deemed attained for certain purposes during
      incarceration following waiver and conviction; see §599.1