Iowa Code 907.3A – Youthful offender status
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | life |
Terms Used In Iowa Code 907.3A
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
907.3A Youthful offender status.
1. Notwithstanding § 907.3 but subject to any conditions of the waiver order, the trial court shall, upon a plea of guilty or a verdict of guilty, place the juvenile over whom the juvenile court has waived jurisdiction pursuant to § 232.45, subsection 7, on youthful offender status. The court shall transfer supervision of the youthful offender to the juvenile court for disposition in accordance with § 232.52. An adjudication of delinquency entered by the juvenile court at disposition for a public offense shall not be deemed a conviction and shall not preclude the subsequent entry of a deferred judgment or sentence, conviction, or sentence by the district court. The court shall require supervision of the youthful offender in accordance with § 232.54, subsection 1, paragraph “”h””, or subsection 2 of this section.
2. The court shall hold a hearing prior to a youthful offender’s eighteenth birthday to determine whether the youthful offender shall continue on youthful offender status after the youthful offender’s eighteenth birthday. Notwithstanding § 901.2, the court may order a presentence investigation report including a report for an offense classified as a class “”A”” felony. The court shall review the report of the juvenile court regarding the youthful offender prepared pursuant to § 232.56, and any presentence investigation report, if ordered by the court. The court shall hear evidence by or on behalf of the youthful offender, by the county attorney, and by the person or agency to which custody of the youthful offender was transferred. The court shall make its decision, pursuant to the judgment and sentencing options available in subsection 3, after considering the services available to the youthful offender, the evidence presented, the juvenile court’s report, the presentence investigation report if ordered by the court, the interests of the youthful offender, and interests of the community.
3. a. Notwithstanding any provision of the Code which prescribes a mandatory minimum sentence for the offense committed by the youthful offender, following transfer of the youthful offender from the juvenile court back to the court having jurisdiction over the criminal proceedings involving the youthful offender, the court shall order one of the following sentencing options:
(1) Defer judgment and place the youthful offender on probation, upon the consent of the youthful offender.
(2) Defer the sentence and place the youthful offender on probation upon such terms and conditions as the court may require.
(3) Suspend the sentence and place the youthful offender on probation upon such terms and conditions as the court may require.
(4) A term of confinement as prescribed by law for the offense.
(5) Discharge the youthful offender from youthful offender status and terminate the sentence.
b. Notwithstanding anything in § 907.7 to the contrary, if the district court grants the youthful offender a deferred judgment, continues the youthful offender deferred sentence, or enters a sentence and suspends the sentence, and places the youthful offender on probation, the term of formal supervision shall commence upon entry of the order by the district court and may continue for a period not to exceed five years. If the district court enters a sentence of confinement, and the youthful offender was previously placed in secure confinement by the juvenile court under the terms of the initial disposition order or any modification to the initial disposition order, the person shall receive credit for any time spent in secure confinement. During any period of probation imposed by the district court, a youthful offender who violates the terms of probation is subject to § 908.11.
97 Acts, ch 126, §51; 2009 Acts, ch 41, §262; 2013 Acts, ch 42, §15
Referred to in §232.8, 232.45, 232.50, 232.52, 232.54, 232.55, 232.56, 232.149B
1. Notwithstanding § 907.3 but subject to any conditions of the waiver order, the trial court shall, upon a plea of guilty or a verdict of guilty, place the juvenile over whom the juvenile court has waived jurisdiction pursuant to § 232.45, subsection 7, on youthful offender status. The court shall transfer supervision of the youthful offender to the juvenile court for disposition in accordance with § 232.52. An adjudication of delinquency entered by the juvenile court at disposition for a public offense shall not be deemed a conviction and shall not preclude the subsequent entry of a deferred judgment or sentence, conviction, or sentence by the district court. The court shall require supervision of the youthful offender in accordance with § 232.54, subsection 1, paragraph “”h””, or subsection 2 of this section.
2. The court shall hold a hearing prior to a youthful offender’s eighteenth birthday to determine whether the youthful offender shall continue on youthful offender status after the youthful offender’s eighteenth birthday. Notwithstanding § 901.2, the court may order a presentence investigation report including a report for an offense classified as a class “”A”” felony. The court shall review the report of the juvenile court regarding the youthful offender prepared pursuant to § 232.56, and any presentence investigation report, if ordered by the court. The court shall hear evidence by or on behalf of the youthful offender, by the county attorney, and by the person or agency to which custody of the youthful offender was transferred. The court shall make its decision, pursuant to the judgment and sentencing options available in subsection 3, after considering the services available to the youthful offender, the evidence presented, the juvenile court’s report, the presentence investigation report if ordered by the court, the interests of the youthful offender, and interests of the community.
3. a. Notwithstanding any provision of the Code which prescribes a mandatory minimum sentence for the offense committed by the youthful offender, following transfer of the youthful offender from the juvenile court back to the court having jurisdiction over the criminal proceedings involving the youthful offender, the court shall order one of the following sentencing options:
(1) Defer judgment and place the youthful offender on probation, upon the consent of the youthful offender.
(2) Defer the sentence and place the youthful offender on probation upon such terms and conditions as the court may require.
(3) Suspend the sentence and place the youthful offender on probation upon such terms and conditions as the court may require.
(4) A term of confinement as prescribed by law for the offense.
(5) Discharge the youthful offender from youthful offender status and terminate the sentence.
b. Notwithstanding anything in § 907.7 to the contrary, if the district court grants the youthful offender a deferred judgment, continues the youthful offender deferred sentence, or enters a sentence and suspends the sentence, and places the youthful offender on probation, the term of formal supervision shall commence upon entry of the order by the district court and may continue for a period not to exceed five years. If the district court enters a sentence of confinement, and the youthful offender was previously placed in secure confinement by the juvenile court under the terms of the initial disposition order or any modification to the initial disposition order, the person shall receive credit for any time spent in secure confinement. During any period of probation imposed by the district court, a youthful offender who violates the terms of probation is subject to § 908.11.
97 Acts, ch 126, §51; 2009 Acts, ch 41, §262; 2013 Acts, ch 42, §15
Referred to in §232.8, 232.45, 232.50, 232.52, 232.54, 232.55, 232.56, 232.149B