House File 2298
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to issuance of nonoperator's identification cards
2 to certain inmates.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6241YH 80
5 dea/gg/14
PAG LIN
1 1 Section 1. Section 321.190, Code Supplement 2003, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 3. INMATE PROGRAM. The department, in
1 4 cooperation with the department of corrections, shall issue
1 5 nonoperator's identification cards to inmates who will be
1 6 subject to driver's license suspension, revocation, or delayed
1 7 issuance upon release from confinement as provided in section
1 8 906.10. The department may adopt rules to modify the
1 9 application requirements under section 321.182 for issuance of
1 10 nonoperator's identification cards under this subsection.
1 11 Sec. 2. Section 904.108, subsection 1, Code Supplement
1 12 2003, is amended by adding the following new paragraph:
1 13 NEW PARAGRAPH. p. In cooperation with the state
1 14 department of transportation, provide for the issuance of
1 15 nonoperator's identification cards to inmates who will be
1 16 subject to driver's license suspension, revocation, or delayed
1 17 issuance upon release from confinement as provided in section
1 18 906.10.
1 19 Sec. 3. Section 904.702, unnumbered paragraph 1, Code
1 20 Supplement 2003, is amended to read as follows:
1 21 If allowances are paid pursuant to section 904.701, the
1 22 director shall establish an inmate account, for deposit of
1 23 those allowances and for deposit of moneys sent to the inmate
1 24 from a source other than the department of corrections. The
1 25 director may deduct an amount, not to exceed ten percent of
1 26 the amount of the allowance, unless the inmate requests a
1 27 larger amount, to be deposited into the inmate savings fund as
1 28 required under section 904.508, subsection 2. If the inmate
1 29 is to be issued a nonoperator's identification card pursuant
1 30 to section 906.10 prior to discharge, parole, or being placed
1 31 on work release, the director shall deduct the amount of the
1 32 fee required for issuance of the nonoperator's identification
1 33 card. In addition to deducting a portion of the allowance,
1 34 the director may also deduct from an inmate account any
1 35 amount, except amounts directed to be deposited in the inmate
2 1 telephone fund established in section 904.508A, sent to the
2 2 inmate from a source other than the department of corrections
2 3 for deposit in the inmate savings fund as required under
2 4 section 904.508, subsection 2, until the amount in the fund
2 5 equals the amount due the inmate upon discharge, parole, or
2 6 placement on work release. The director shall deduct from the
2 7 inmate account an amount established by the inmate's
2 8 restitution plan of payment. The director shall also deduct
2 9 from any remaining account balance an amount sufficient to pay
2 10 all or part of any judgment against the inmate, including but
2 11 not limited to judgments for taxes and child support, and
2 12 court costs and fees assessed either as a result of the
2 13 inmate's confinement or amounts required to be paid under
2 14 section 610A.1. Written notice of the amount of the deduction
2 15 shall be given to the inmate, who shall have five days after
2 16 receipt of the notice to submit in writing any and all
2 17 objections to the deduction to the director, who shall
2 18 consider the objections prior to transmitting the deducted
2 19 amount to the clerk of the district court. The director need
2 20 give only one notice for each action or appeal under section
2 21 610A.1 for which periodic deductions are to be made. The
2 22 director shall next deduct from any remaining account balance
2 23 an amount sufficient to pay all or part of any costs assessed
2 24 against the inmate for misconduct or damage to the property of
2 25 others. The director may deduct from the inmate's account an
2 26 amount sufficient to pay for the inmate's share of the costs
2 27 of health services requested by the inmate and for the
2 28 treatment of injuries inflicted by the inmate on the inmate or
2 29 others. The director may deduct and disburse an amount
2 30 sufficient for industries' programs to qualify under the
2 31 eligibility requirements established in the Justice Assistance
2 32 Act of 1984, Pub. L. No. 98=473, including an amount to pay
2 33 all or part of the cost of the inmate's incarceration. The
2 34 director may pay all or any part of remaining allowances paid
2 35 pursuant to section 904.701 directly to a dependent of the
3 1 inmate, or may deposit the allowance to the account of the
3 2 inmate, or may deposit a portion and allow the inmate a
3 3 portion for the inmate's personal use.
3 4 Sec. 4. NEW SECTION. 906.10 NONOPERATOR'S IDENTIFICATION
3 5 CARDS.
3 6 An inmate who is subject to suspension, revocation, or
3 7 delayed issuance of a driver's license shall be issued a
3 8 nonoperator's identification card, upon application pursuant
3 9 to rules adopted under section 321.190, subsection 3, prior to
3 10 being discharged, paroled, or placed on work release. The
3 11 nonoperator's identification card shall be issued at least
3 12 three months prior to the inmate's release from confinement,
3 13 or as close to that time as is practicable in relation to the
3 14 term of confinement. The fee required by the state department
3 15 of transportation for issuance of the card shall be paid by
3 16 the department of corrections and, if applicable, deducted
3 17 from the inmate's account under section 904.702.
3 18 EXPLANATION
3 19 This bill requires the state department of transportation
3 20 and the department of corrections to cooperate to issue
3 21 nonoperator's identification cards to inmates who will be
3 22 subject to driver's license suspension, revocation, or delayed
3 23 issuance upon discharge, parole, or placement on work release.
3 24 The nonoperator's identification card is to be issued three
3 25 months prior to the inmate's release from confinement, or as
3 26 close to that time as is practicable considering the term of
3 27 confinement. The $5 fee for issuance of a nonoperator's
3 28 identification card is to be paid by the department of
3 29 corrections and, if the inmate has an inmate account, deducted
3 30 from the inmate's account.
3 31 LSB 6241YH 80
3 32 dea/gg/14