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Senate File 2289

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  1  1    Section 1.  Section 669.2, subsection 4, unnumbered
  1  2 paragraph 1, Code 1995, is amended to read as follows:
  1  3    "Employee of the state" includes any one or more officers,
  1  4 agents, or employees of the state or any state agency,
  1  5 including members of the general assembly, and persons acting
  1  6 on behalf of the state or any state agency in any official
  1  7 capacity, temporarily or permanently in the service of the
  1  8 state of Iowa, whether with or without compensation but does
  1  9 not include a contractor doing business with the state.
  1 10 Professional personnel, including physicians, osteopathic
  1 11 physicians and surgeons, osteopathic physicians, optometrists,
  1 12 and dentists, nurses, physician assistants, and other medical
  1 13 personnel, who render services to patients and or inmates of
  1 14 state institutions under the jurisdiction of the department of
  1 15 human services, and employees of the commission of veterans
  1 16 affairs, or the Iowa department of corrections are to be
  1 17 considered employees of the state, whether the personnel are
  1 18 employed on a full-time basis or render services on a part-
  1 19 time basis on a fee schedule or other arrangement.  Criminal
  1 20 defendants while performing unpaid community service ordered
  1 21 by the district court, board of parole, or judicial district
  1 22 department of correctional services, or an inmate providing
  1 23 services pursuant to a chapter 28E agreement entered into
  1 24 pursuant to section 904.703, are to be considered employees of
  1 25 the state.
  1 26    Sec. 2.  Section 904.513, Code 1995, is amended by striking
  1 27 the section and inserting in lieu thereof the following:
  1 30    1.  The department of corrections, in cooperation with the
  1 31 judicial district departments of correctional services, shall
  1 32 establish in each judicial district a continuum of programming
  1 33 for the supervision and treatment of offenders convicted of
  1 34 violating chapter 321J who are sentenced to the custody of the
  1 35 director.  The continuum shall include a range of sanctioning
  2  1 options that include, but are not limited to, prisons and
  2  2 residential facilities.  The department of corrections shall
  2  3 develop standardized assessment criteria for the assignment of
  2  4 offenders pursuant to this chapter.  Assignment shall be for
  2  5 the purposes of risk management and substance abuse treatment
  2  6 and may include education or work programs when the offender
  2  7 is not participating in other program components.  Assignment
  2  8 may also be made on the basis of the offender's treatment
  2  9 program performance, as a disciplinary measure, for medical
  2 10 needs, and for space availability at community residential
  2 11 facilities.  If there is insufficient space at a community
  2 12 residential facility the court may order an offender to be
  2 13 released to the supervision of the judicial district
  2 14 department of correctional services or held in jail.
  2 15    2.  Upon request by the director a county shall provide
  2 16 temporary confinement for offenders allegedly violating the
  2 17 conditions of assignment to a program under this chapter, if
  2 18 space is available in the county.  The department shall
  2 19 negotiate a reimbursement rate with each county.  The amount
  2 20 to be reimbursed shall be determined by multiplying the number
  2 21 of days a person is confined by the average daily cost of
  2 22 confining a person in the county facility as negotiated with
  2 23 the department.  A county holding offenders in jail due to
  2 24 insufficient space in a community residential facility shall
  2 25 be reimbursed.  Payment shall be made upon submission of a
  2 26 voucher executed by the sheriff and approved by the director.
  2 27    3.  The department shall adopt rules for the implementation
  2 28 of this section.  The rules shall include the requirement that
  2 29 the treatment programs established pursuant to this chapter
  2 30 meet the licensure standards of the division of substance
  2 31 abuse for the department of public health.  The rules shall
  2 32 also include provisions for the funding of the program by
  2 33 means of self-contribution by the offenders, insurance
  2 34 reimbursement on behalf of offenders, or other forms of
  2 35 funding, program structure, criteria for the evaluation of
  3  1 offenders and programs, and all other issues the director
  3  2 shall deem appropriate.
  3  3    Sec. 3.  Section 904.702, unnumbered paragraph 1, Code
  3  4 Supplement 1995, is amended to read as follows:
  3  5    If allowances are paid pursuant to section 904.701, the
  3  6 director shall establish an inmate account, for deposit of
  3  7 those allowances and for deposit of moneys sent to the inmate
  3  8 from a source other than the department of corrections.  The
  3  9 director may deduct an amount, not to exceed ten percent of
  3 10 the amount of the allowance, unless the inmate requests a
  3 11 larger amount, to be deposited into the inmate savings fund as
  3 12 required under section 904.508, subsection 2.  The director
  3 13 shall deduct from the inmate account an amount established by
  3 14 the inmate's restitution plan of payment.  The director shall
  3 15 also deduct from any remaining account balance an amount
  3 16 sufficient to pay all or part of any judgment against the
  3 17 inmate, including but not limited to judgments for taxes and
  3 18 child support, and court costs and fees assessed either as a
  3 19 result of the inmate's confinement or amounts required to be
  3 20 paid under section 610A.1.  Written notice of the amount of
  3 21 the deduction shall be given to the inmate, who shall have
  3 22 five days after receipt of the notice to submit in writing any
  3 23 and all objections to the deduction to the director, who shall
  3 24 consider the objections prior to transmitting the deducted
  3 25 amount to the clerk of the district court.  The director need
  3 26 give only one notice for each action or appeal under section
  3 27 610A.1 for which periodic deductions are to be made.  The
  3 28 director shall next deduct from any remaining account balance
  3 29 an amount sufficient to pay all or part of any costs assessed
  3 30 against the inmate for misconduct or damage to the property of
  3 31 others.  The director may deduct from the inmate's account an
  3 32 amount sufficient to pay for the inmate's share of the costs
  3 33 of health services requested by the inmate and for the
  3 34 treatment of injuries inflicted by the inmate on the inmate or
  3 35 others.  The director may deduct and disburse an amount
  4  1 sufficient for industries' programs to qualify under the
  4  2 eligibility requirements established in the Justice Assistance
  4  3 Act of 1984, Pub. L. No. 98-473, including an amount to pay
  4  4 all or part of the cost of the inmate's incarceration.  The
  4  5 director may pay all or any part of remaining allowances paid
  4  6 pursuant to section 904.701 directly to a dependent of the
  4  7 inmate, or may deposit the allowance to the account of the
  4  8 inmate, or may deposit a portion and allow the inmate a
  4  9 portion for the inmate's personal use.
  4 10    Sec. 4.  NEW SECTION.  906.18  PAROLE VIOLATORS –
  4 12    The department of corrections shall arrange for the return
  4 13 of parolees who escape from the facility to which they are
  4 14 assigned or violate the conditions of supervision.  The
  4 15 parolee shall reimburse the department of corrections for the
  4 16 costs incurred because of the escape or violation.  The amount
  4 17 of reimbursement shall be the actual cost incurred by the
  4 18 department, and shall be credited to the support account from
  4 19 which the billing occurred.  The department shall adopt rules
  4 20 to implement this section.  
  4 21 SF 2289
  4 22 mk/cc/26

Text: SF02288                           Text: SF02290
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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