Text: HSB00259 Text: HSB00261 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 421.17, subsection 29, paragraph a,
1 2 subparagraph (1), Code 1995, is amended to read as follows:
1 3 (1) "State agency" means a board, commission, department,
1 4 including the department of revenue and finance, judicial
1 5 district departments of correctional services as established
1 6 in section 905.2, or other administrative office or unit of
1 7 the state of Iowa. The term "state agency" does not include
1 8 the general assembly, the governor, or any political
1 9 subdivision of the state, or its offices and units.
1 10 Sec. 2. Section 708.2A, Code 1995, is amended by adding
1 11 the following new subsection:
1 12 NEW SUBSECTION. 4A. A person convicted of violating this
1 13 section for a third or subsequent time shall serve a minimum
1 14 term of six months and shall not be eligible for suspension of
1 15 the minimum sentence. The minimum term shall be served on
1 16 consecutive days. The court shall not impose a fine in lieu
1 17 of the minimum sentence, although a fine may be imposed in
1 18 addition to the minimum sentence.
1 19 Sec. 3. Section 708.2B, Code 1995, is amended to read as
1 20 follows:
1 21 708.2B TREATMENT OF DOMESTIC ABUSE OFFENDERS.
1 22 1. As used in this section, "district department" means a
1 23 judicial district department of correctional services,
1 24 established pursuant to section 905.2. A person convicted of,
1 25 or receiving a deferred judgment for, domestic abuse assault
1 26 shall report to the district department in order to
1 27 participate in a batterers' treatment program for domestic
1 28 abuse offenders. Participation in the batterers' treatment
1 29 program shall not require a person to be placed on probation,
1 30 but a person on probation may participate in the program. The
1 31 district departments may contract for services in completing
1 32 the duties relating to the batterers' treatment programs. The
1 33 district departments shall assess the fees for participation
1 34 in the program, and shall either collect or contract for the
1 35 collection of the fees to recoup the costs of treatment, but
2 1 may waive the fee or collect a lesser amount upon a showing of
2 2 cause. The fees shall be used by each of the district
2 3 departments or contract service providers for the
2 4 establishment, administration, coordination, and provision of
2 5 direct services of the batterers' treatment programs.
2 6 2. A person who fails to comply with the requirements of a
2 7 batterers' treatment program or who is resistive or disruptive
2 8 to the program shall be held in contempt or subject to the
2 9 pronouncement of any deferred judgment and imposition of
2 10 sentence. A person found in contempt or whose deferred
2 11 judgment is pronounced shall be sentenced to a term of
2 12 confinement of six months. The minimum term shall be served
2 13 on consecutive days. The court shall not impose a fine in
2 14 lieu of the minimum sentence.
2 15 3. The district department shall forward information,
2 16 regarding offenders who fail to pay the fees assessed by the
2 17 district department for participation in the program, as
2 18 required by the department of revenue and finance for setoff
2 19 against a claim owed the offender under section 421.17,
2 20 subsection 29.
2 21 EXPLANATION
2 22 This bill provides that third or subsequent offense
2 23 domestic abusers and abusers who are resistive or disruptive
2 24 to batterers' treatment programs shall be incarcerated for a
2 25 minimum of six months.
2 26 The bill also provides that a person who has failed to pay
2 27 a sum due to a judicial district department of correctional
2 28 services is subject to having the unpaid sum set off against
2 29 any claim owed the person by another state agency.
2 30 The bill may include a state mandate under chapter 25B.
2 31 LSB 1602XL 76
2 32 mk/jw/5.2
Text: HSB00259 Text: HSB00261 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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