SF 2057 (LSB 5465XS (3) 85)

SENATE FILE 2057

BY  BEALL

A BILL FOR

An Act providing for a study of the housing of sex offenders and other hard-to-place individuals in need of a nursing facility level of care, making an appropriation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DEPARTMENT OF HUMAN SERVICES —— SEX OFFENDERS REQUIRING CARE —— REQUEST FOR PROPOSALS.  
   1.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following amount, or so much thereof as is necessary, to be used for the purposes designated:

   For a study to assess placement of sex offenders or other hard-to-place persons in the state requiring the type of personal and medical care provided by a nursing facility, including salaries, support, maintenance, and miscellaneous purposes:

.................................................. $    150,000

   2.  From the moneys appropriated in this section, the department of human services shall utilize a request for proposals process to select a private entity to study the implementation of facilities in other states that provide care for sex offenders and other hard-to-place persons needing the type of care provided by a nursing facility, to develop projections of the need for this type of facility in the state over the next twenty years, and to develop cost projections and financing considerations for facility options in the state. The department of human services shall issue a request for proposals within thirty days after the date of enactment of this Act.
   3.  The study and report following the conclusion of the study shall include all of the following information:
   a.  A summary of long-term care facilities operated in other states for the purpose of caring for sex offenders or other hard-to-place persons, whether the facility is operated by a governmental entity or through a contract with a private entity. The summary of the facilities shall include an overview of ownership and operations, populations served, financing sources and average costs per patient, public financing limitations, security or staff training policies, and other considerations deemed appropriate. The summary shall focus on models that may be adaptable to Iowa.
   b.  A projection of the number of persons in the state who, in the next twenty years, would require the services of such a facility due to sex offender status, a history of abusive or violent behavior in previous nursing facility placements, or other unmet psychiatric needs.
   c.  An analysis of options for the state based on the research of out-of-state models and projected need. The analysis shall identify potential ownership structures and public or private facility options, including an identification of state-owned facilities that may be underutilized and could be reconfigured. The analysis shall also include management structures, whether it be public or private, potential sources of revenue and limitations on those sources, the need for enhanced security or staff training for safety, and other considerations deemed appropriate.
   4.  A report on the results of the study produced pursuant to this section shall be submitted to the governor, the general assembly, and the department of human services by November 1, 2014.
   5.  The departments of human services, corrections, inspections and appeals, and aging, the state public defender, the office of ombudsman, the office of the state long-term care ombudsman, and the judicial branch shall provide information for purposes of the study as requested by the private entity conducting the study. However, any information which is confidential shall continue to be maintained as confidential.
   6.  Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year for which appropriated shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides for a study concerning housing for sex offenders and other hard-to-place individuals who are in need of a nursing facility level of care.
   The bill appropriates $150,000 from the general fund to the department of human services (DHS) for FY 2013-2014 for a study to assess placement of sex offenders or other hard-to-place persons who are in need of a nursing facility level of care for personal or medical reasons. The bill directs DHS to conduct a request for proposals process, within 30 days of enactment of the bill, to select a private entity to study the issue. The bill states that the study and the report on the study must include a summary of long-term care facilities operated in other states for the purpose of caring for sex offenders or other hard-to-place persons, a 20-year projection of the need for this type of facility in this state, and an analysis of options for the state for this type of facility as well as cost projections and financing considerations for such a facility. The bill requires a report on the results of the study generated from the private entity to be submitted to the governor, the general assembly, and DHS by November 1, 2014.
   The bill takes effect upon enactment.