House File 185 HOUSE FILE BY SWAIM (COMPANION TO LSB 2108SS BY KREIMAN) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the establishment of multicounty jails, and 2 making an appropriation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2108HH 80 5 jm/cf/24 PAG LIN 1 1 DIVISION I 1 2 MULTICOUNTY JAIL 1 3 Section 1. NEW SECTION. 356B.1 MULTICOUNTY JAILS == 1 4 ESTABLISHMENT. 1 5 The department of corrections and the multicounty jail 1 6 board created in section 356B.2 shall establish and administer 1 7 a multicounty jail program. The program shall encourage 1 8 counties to establish, construct, renovate, or repair 1 9 facilities for use as a multicounty jail. A multicounty jail 1 10 means a facility established, operated, and maintained as a 1 11 jail pursuant to an agreement between two or more counties 1 12 pursuant to chapter 28E. A county that enters into a chapter 1 13 28E agreement pursuant to section 356B.3 to establish, 1 14 operate, and maintain a multicounty jail is deemed to have met 1 15 the requirement to furnish a place for the confinement of 1 16 prisoners pursuant to section 331.381, subsection 17, 1 17 paragraph "a", and section 903.4. A multicounty jail shall 1 18 comply with the provisions of chapter 356 and shall be 1 19 considered a jail, except as provided in this chapter. 1 20 Sec. 2. NEW SECTION. 356B.2 MULTICOUNTY JAIL BOARD. 1 21 1. A multicounty jail board is created within the 1 22 department of corrections. The board shall have five members 1 23 appointed as follows: 1 24 a. One member appointed by the board of corrections. 1 25 b. One member appointed by the governor from a list of 1 26 county supervisors recommended by the Iowa state association 1 27 of counties. 1 28 c. One member appointed by the governor from persons 1 29 recommended by the Iowa state sheriffs and deputies 1 30 association. 1 31 d. Two members of the general public appointed by the 1 32 governor subject to confirmation by the senate. 1 33 2. The board members shall serve staggered three=year 1 34 terms beginning and ending as provided in section 69.19. The 1 35 governor shall appoint initial members to serve for less than 2 1 three years to ensure that members serve staggered terms. A 2 2 vacancy in membership shall be filled in the same manner as 2 3 the original appointment. Each member of the board shall be 2 4 reimbursed for actual and necessary expenses incurred in the 2 5 discharge of the member's official duties. 2 6 3. The duties of the board shall consist of advising the 2 7 department of corrections regarding administrative rules 2 8 necessary for implementation and administration of the 2 9 multicounty jail program. The board shall also serve as the 2 10 policymaking body responsible for implementing the multicounty 2 11 jail program. 2 12 Sec. 3. NEW SECTION. 356B.3 MULTICOUNTY JAIL COMMISSION 2 13 == COMMISSION AGREEMENT PURSUANT TO CHAPTER 28E. 2 14 1. Two or more counties may establish a multicounty jail 2 15 commission to enter into an agreement pursuant to chapter 28E 2 16 to establish, operate, and maintain a multicounty jail in 2 17 which the participating counties and sheriffs of the 2 18 participating counties delegate the authority to operate a 2 19 county jail to the commission. The commission agreement shall 2 20 include but is not limited to the following: 2 21 a. The number of members each county shall be allocated 2 22 for membership on the commission. 2 23 b. A plan for establishing, constructing, renovating, or 2 24 repairing a facility for use as a multicounty jail. 2 25 c. A plan for operating the multicounty jail and for the 2 26 allocation of costs between each county. 2 27 d. The conditions under which a county may join or 2 28 withdraw from the agreement and the procedures for joining or 2 29 withdrawing from the agreement. 2 30 e. The term and effective date. 2 31 2. The commission agreement must be approved by the board 2 32 of supervisors and the county sheriff of each county that is a 2 33 party to the agreement. 2 34 3. Upon approval of the commission agreement, the board of 2 35 supervisors of each county that is a party to the agreement 3 1 shall designate the multicounty jail as a place for 3 2 confinement of prisoners pursuant to section 331.381. 3 3 4. Upon approval of the commission agreement, the sheriff 3 4 of each county that is a party to the agreement shall delegate 3 5 the sheriff's authority and responsibility to provide board 3 6 and care for inmates in the sheriff's custody to the 3 7 commission. 3 8 5. A certified copy of the commission agreement shall be 3 9 recorded pursuant to chapter 28E, and a copy of the agreement 3 10 shall be provided to the department of corrections. 3 11 Sec. 4. NEW SECTION. 356B.4 MULTICOUNTY JAIL FUND. 3 12 1. A multicounty jail fund is created in the state 3 13 treasury. The fund shall be administered by the department of 3 14 corrections and the multicounty jail board. The moneys in the 3 15 fund shall be used to provide grants and loans to multicounty 3 16 jail commissions for establishing, constructing, renovating, 3 17 or repairing facilities to be operated and maintained as 3 18 multicounty jails, and to defray expenses incurred by the 3 19 department of corrections in administering the multicounty 3 20 jail program. 3 21 2. The fund shall consist of moneys appropriated by the 3 22 general assembly for deposit in the fund, and other moneys 3 23 available to and obtained or accepted by the department of 3 24 corrections for placement in the fund. Moneys in the fund are 3 25 appropriated to the department of corrections to be 3 26 distributed as grants and loans as provided in this chapter. 3 27 3. Payments of interest, repayments of moneys loaned 3 28 pursuant to this chapter, and recaptures of loans shall be 3 29 deposited in the fund. 3 30 4. Moneys in the fund are not subject to section 8.33. 3 31 Notwithstanding section 12C.7, interest or earnings on moneys 3 32 in the fund shall be credited to the fund. 3 33 5. Moneys in the fund are subject to an annual audit by 3 34 the auditor of state. The fund is subject to warrants written 3 35 by the director of revenue and finance, drawn upon the written 4 1 requisition of the department of corrections. 4 2 Sec. 5. NEW SECTION. 356B.5 APPLICATION FOR GRANT OR 4 3 LOAN. 4 4 1. A multicounty jail commission may apply to the 4 5 multicounty jail board for a grant or loan for a proposed 4 6 multicounty jail. The department of corrections may provide 4 7 technical assistance to assist an applicant in developing a 4 8 proposal. 4 9 2. An application shall include but is not limited to the 4 10 following: 4 11 a. A copy of the commission agreement. 4 12 b. The confinement needs addressed by the agreement. 4 13 c. A proposed budget for planning and developing the 4 14 multicounty jail. 4 15 d. A proposed operating budget for the first four years of 4 16 operating the jail. 4 17 e. The amount of the grant or loan requested by the 4 18 multicounty jail. 4 19 f. A copy of any agreement entered into by the multicounty 4 20 jail commission or by a county that is a party to the 4 21 commission agreement with another jurisdiction to provide for 4 22 the confinement of inmates, including inmates detained or 4 23 committed by authority of the courts of the United States. 4 24 3. The application may be required to be on a form 4 25 prescribed by the multicounty jail board. 4 26 4. The multicounty jail board shall adopt rules pursuant 4 27 to chapter 17A establishing criteria for awarding a grant or 4 28 loan to a multicounty jail commission. The criteria 4 29 established pursuant to rules adopted by the board shall 4 30 include but not be limited to the following: 4 31 a. A need for additional or replacement beds in all 4 32 counties participating in the commission agreement. 4 33 b. A willingness to confine state inmates. 4 34 c. The cost of the proposal, which shall not exceed 4 35 fifteen million dollars. 5 1 d. The term of the loan shall be repaid in a manner 5 2 approved by the multicounty jail board; however, the term of 5 3 repayment shall not exceed twenty=five years. 5 4 The reasons for acceptance or denial of an application for 5 5 a grant or loan shall be specifically stated in the minutes of 5 6 the multicounty jail board meeting at which the application is 5 7 accepted or denied. 5 8 Sec. 6. NEW SECTION. 356B.6 REMITTANCE IF REPEALED. 5 9 Upon the repeal of sections 356B.2, 356B.4, and 356B.5, 5 10 pursuant to section 356B.7, the department of corrections 5 11 shall remit repayments of moneys loaned, payments of interest, 5 12 and recaptures of loans pursuant to this chapter or rules 5 13 adopted pursuant to this chapter to the treasurer of state for 5 14 deposit in the rebuild Iowa infrastructure fund. 5 15 Sec. 7. NEW SECTION. 356B.7 FUTURE REPEAL. 5 16 Sections 356B.2, 356B.4, and 356B.5 are repealed June 30, 5 17 2010. However, any commission agreement, grant, or loan in 5 18 existence on June 30, 2010, shall continue to be valid and 5 19 each party to such agreement, grant, or loan is obligated to 5 20 perform as required under the agreement, grant, or loan. 5 21 DIVISION II 5 22 CODE CHANGES 5 23 Sec. 8. Section 331.381, subsection 17, paragraph a, Code 5 24 2003, is amended to read as follows: 5 25 a. Furnish a place for the confinement of prisoners as 5 26 required in section 903.4, and in accordance with chapter 356, 5 27or356A, or 356B. 5 28 Sec. 9. Section 331.424, subsection 1, paragraph g, Code 5 29 2003, is amended to read as follows: 5 30 g. The maintenance and operation of the courts, including 5 31 but not limited to the salary and expenses of the clerk of the 5 32 district court and other employees of the clerk's office, and 5 33 bailiffs, court costs if the prosecution fails or if the costs 5 34 cannot be collected from the person liable, costs and expenses 5 35 of prosecution under section 189A.17, salaries and expenses of 6 1 juvenile court officers under chapter 602, court=ordered costs 6 2 in domestic abuse cases under section 236.5, the county's 6 3 expense for confinement of prisoners underchapterchapters 6 4 356A and 356B, temporary assistance to the county attorney, 6 5 county contributions to a retirement system for bailiffs, 6 6 reimbursement for judicial magistrates under section 602.6501, 6 7 claims filed under section 622.93, interpreters' fees under 6 8 section 622B.7, uniform citation and complaint supplies under 6 9 section 805.6, and costs of prosecution under section 815.13. 6 10 Sec. 10. Section 331.653, subsection 35, Code 2003, is 6 11 amended to read as follows: 6 12 35. Have charge of the county jails in the county and 6 13 custody of the prisoners committed to the jails as provided in 6 14 chapter 356, except if authority has been delegated to a 6 15 multicounty jail commission under chapter 356B. 6 16 Sec. 11. Section 356.1, unnumbered paragraph 1, Code 2003, 6 17 is amended to read as follows: 6 18 The jails in the several counties in the state shall be in 6 19 the charge of the respective sheriffs, or multicounty jail 6 20 commissions as provided in chapter 356B, and used as prisons: 6 21 Sec. 12. Section 356.1, Code 2003, is amended by adding 6 22 the following new unnumbered paragraph after unnumbered 6 23 paragraph 2: 6 24 NEW UNNUMBERED PARAGRAPH. The provisions of this chapter 6 25 extend to a multicounty jail established pursuant to chapter 6 26 356B. If a county is a party to a multicounty jail commission 6 27 agreement, references in this chapter to a county, a county 6 28 sheriff, or a county jail shall be deemed to be references to 6 29 the multicounty jail commission or the multicounty jail, as 6 30 applicable. 6 31 Sec. 13. Section 356.2, Code 2003, is amended to read as 6 32 follows: 6 33 356.2 DUTY. 6 34 The sheriff shall have charge and custody of the prisoners 6 35 in the jail or other prisons of the sheriff's county, except 7 1 if authority has been delegated to a multicounty jail 7 2 commission under chapter 356B, and shall receive those 7 3 lawfully committed, and keep them until discharged by law. 7 4 DIVISION III 7 5 APPROPRIATION 7 6 Sec. 14. APPROPRIATION. There is appropriated from the 7 7 rebuild Iowa infrastructure fund to the department of 7 8 corrections, for the fiscal year beginning July 1, 2003, and 7 9 ending June 30, 2004, the following amount, or so much thereof 7 10 as is necessary, to be used for the purpose designated: 7 11 For deposit in the multicounty jail fund to be used for 7 12 multicounty jail grants or loans as provided in chapter 356B: 7 13 .................................................. $ 15,000,000 7 14 EXPLANATION 7 15 This bill relates to the creation of multicounty jails and 7 16 makes an appropriation. 7 17 The bill provides that two or more counties may establish a 7 18 multicounty jail. The bill provides that if a county enters 7 19 into an agreement with one or more other counties to 7 20 establish, operate, and maintain a multicounty jail, the 7 21 county is not required to maintain a separate place for the 7 22 confinement of prisoners. However, the bill provides that a 7 23 multicounty jail shall comply with the provisions of Code 7 24 chapter 356, relating to jails and municipal holding 7 25 facilities, and shall be considered a jail, except as provided 7 26 in this bill. 7 27 The bill establishes a multicounty jail board in the 7 28 department of corrections which shall be responsible for 7 29 making policy and implementing a multicounty jail program and 7 30 advising the department of corrections on administrative 7 31 rules. The board shall consist of five members, with one 7 32 member being appointed by the board of corrections, one member 7 33 appointed by the governor shall be from a list of county 7 34 supervisors recommended by the Iowa state association of 7 35 counties, one member appointed by the governor from persons 8 1 recommended by the Iowa state sheriffs and deputies 8 2 association, and two members of the general public appointed 8 3 by the governor. 8 4 The bill provides that if two or more counties want to 8 5 establish a multicounty jail, the counties shall create a 8 6 multicounty jail commission, and enter into a commission 8 7 agreement pursuant to Code chapter 28E to share responsibility 8 8 for establishing, operating, and maintaining the multicounty 8 9 jail. The bill provides that the commission agreement shall 8 10 include the allocation of members on the commission and the 8 11 procedure for joining and withdrawing from the agreement, and 8 12 a plan of operation, including the allocation of operating 8 13 costs and the effective date of the agreement. 8 14 The bill requires that the commission agreement be approved 8 15 by the county board of supervisors and the county sheriff. 8 16 The bill provides that upon approval of the commission 8 17 agreement by the county sheriff, the sheriff shall delegate to 8 18 the commission the sheriff's authority to provide housing and 8 19 care for inmates in the custody of the sheriff. 8 20 The bill creates a multicounty jail fund in the state 8 21 treasury. The bill provides that the department of 8 22 corrections and the multicounty jail board shall administer 8 23 the fund. The bill appropriates $15 million to the department 8 24 of corrections for deposit in the fund. The bill provides 8 25 that moneys in the fund shall be used to provide for grants 8 26 and loans to multicounty jail commissions for establishing a 8 27 multicounty jail. 8 28 The bill provides that a commission may apply to the 8 29 multicounty jail board for a grant or loan, and that the 8 30 department of corrections may provide technical assistance to 8 31 a commission in developing a proposal to present to the board. 8 32 The bill provides that a grant or loan shall be awarded to 8 33 a commission based upon the following factors: a need for 8 34 additional or replacement beds, a willingness to confine state 8 35 inmates, the cost of the proposal, and the manner in which any 9 1 moneys are to be repaid. 9 2 The bill's provisions relating to the multicounty jail 9 3 board, the multicounty jail fund, and the application process 9 4 to receive moneys from the fund are repealed on June 30, 2010. 9 5 However, any agreement, grant, or loan in existence on June 9 6 30, 2010, shall continue to be valid and each party to such 9 7 agreement, grant, or loan is obligated to perform as required 9 8 under the agreement, grant, or loan. 9 9 LSB 2108HH 80 9 10 jm/cf/24