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PAG LIN 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 12anddentists, nurses, physician assistants, and other medical 1 13 personnel, who render services to patientsandor 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 28 904.513 ASSIGNMENT OF OWI VIOLATORS TO TREATMENT 1 29 FACILITIES. 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 11 REIMBURSEMENT TO DEPARTMENT. 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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