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PAG LIN
1 1 Section 1. DEFINITIONS.
1 2 1. "Department" means the judicial department.
1 3 2. "Home electronic monitor" means a computerized home
1 4 detention system approved by the department that provides
1 5 regular visual and other confirmation of a defendant's
1 6 presence at home, which may be combined with a continuous
1 7 radio transmission signal emitted from a band worn by the
1 8 defendant, and which includes monitoring of the defendant's
1 9 blood alcohol level by means of regular remote breath alcohol
1 10 testing.
1 11 3. "OWI" means operating while intoxicated, an offense
1 12 under section 321J.2, subsection 1.
1 13 4. "Repeat offender" means a person who has, within the
1 14 last six years, twice been previously convicted of an OWI
1 15 offense.
1 16 Sec. 2. HOME ELECTRONIC MONITORING PILOT PROJECT –
1 17 ESTABLISHED.
1 18 1. A home electronic monitoring pilot project is
1 19 established within the judicial department.
1 20 a. The pilot project shall operate in Woodbury county and
1 21 Blackhawk county for a period of one year.
1 22 b. A project manager shall be hired to supervise the pilot
1 23 project. The project manager may hire an assistant manager
1 24 for each county participating in the project, as determined by
1 25 the chief justice of the supreme court.
1 26 c. The salaries of the project manager and assistant
1 27 managers shall be determined by the chief justice. All
1 28 persons employed for the pilot project shall serve at the
1 29 pleasure of the chief justice.
1 30 d. The department shall negotiate a contract with a
1 31 private vendor to provide home electronic monitoring services
1 32 in the participating counties. The project manager shall be
1 33 responsible for overseeing the implementation of the contract.
1 34 2. The primary purpose of the pilot project is to provide
1 35 a better method of pretrial supervision of OWI repeat
2 1 offenders, which does not utilize the existing correctional
2 2 facilities.
2 3 a. At the time of the initial appearance for a defendant
2 4 who has been arrested for a third or subsequent OWI violation,
2 5 the defendant shall be required either to submit the entire
2 6 cash bond, or to post a minimal bond and to participate in the
2 7 pilot project pending trial.
2 8 b. If the defendant chooses to participate in the pilot
2 9 project, the defendant shall be required to execute a written
2 10 document in which the defendant stipulates to the following:
2 11 (1) The defendant agrees, as a pretrial condition of
2 12 release, to submit to home electronic monitoring. Through
2 13 this process, the defendant will be required to submit to
2 14 electronic alcohol testing up to three times per day, at pre-
2 15 arranged times. The defendant shall also be required to
2 16 consent to the use of recording equipment to record
2 17 conversations between the defendant and the monitoring
2 18 personnel solely for the purpose of identification, and not
2 19 for the purpose of eavesdropping or conducting any other
2 20 illegal monitoring. Prior to trial, the defendant agrees not
2 21 to use, possess, or consume any mood-altering chemical,
2 22 including alcohol, unless prescribed by a physician.
2 23 (2) If the defendant fails to answer the telephone, or if
2 24 the defendant tests positive for alcohol, the defendant will
2 25 immediately be picked up by law enforcement personnel and
2 26 incarcerated.
2 27 (3) The defendant agrees to pay a fee of up to ten dollars
2 28 per day to participate in the monitoring program. The amount
2 29 of the fee can be adjusted by the court in accordance with the
2 30 defendant's income level.
2 31 3. The department shall develop policies and procedures
2 32 for implementation of this program, covering issues including:
2 33 a. A list of required elements in the offender's home for
2 34 the effective use of the monitoring system.
2 35 b. Notice to, and consent forms to be executed by, other
3 1 residents of the offender's home.
3 2 c. Procedures for responding to violations of conditions
3 3 of release.
3 4 d. Fee structures.
3 5 e. Staff training.
3 6 f. Other issues relevant to effective implementation of
3 7 electronic monitoring.
3 8 4. The department shall prepare a report on the
3 9 implementation of the pilot project, and present this report
3 10 to the general assembly in January 1998.
3 11 Sec. 3. FUNDING. There is appropriated from the general
3 12 fund of the state to the judicial department for the fiscal
3 13 year beginning July 1, 1996, and ending June 30, 1997, the
3 14 following amount, or so much thereof as is necessary, to be
3 15 used for the purpose designated:
3 16 For the home electronic monitoring pilot project, including
3 17 salaries, support, maintenance, miscellaneous purposes, and
3 18 for not more than the following full-time equivalent
3 19 positions:
3 20 .................................................. $ 250,000
3 21 ................................................FTEs 3.00
3 22 Sec. 4. EFFECTIVE DATE. This Act, being deemed of
3 23 immediate importance, takes effect upon enactment.
3 24 EXPLANATION
3 25 This bill establishes a home electronic monitoring pilot
3 26 project, to provide for home monitoring, pending trial, of the
3 27 breath-alcohol level of repeat OWI offenders. A repeat
3 28 offender who participated in the project would agree to submit
3 29 to breath-alcohol testing up to three times a day, according
3 30 to a prearranged schedule. A defendant who missed a testing
3 31 time, or failed a test would be incarcerated immediately.
3 32 During the period of pretrial release, the defendant would not
3 33 be permitted to use, possess, or consume any mood altering
3 34 chemical, including alcohol, unless by a doctor's
3 35 prescription. The defendant would be required to pay a fee of
4 1 up to $10 per day, according to the defendant's income level,
4 2 to cover the costs of participating in the project.
4 3 The project is established within the judicial department,
4 4 with an initial appropriation of $250,000. The chief justice
4 5 is directed to appoint a project manager to oversee
4 6 implementation of the pilot project in Woodbury and Blackhawk
4 7 counties. The department is also directed to develop written
4 8 policies and procedures pertaining to implementation of the
4 9 program.
4 10 The monitoring services are provided by a private vendor.
4 11 The judicial department would secure the contract with the
4 12 vendor, and the project manager would oversee its
4 13 implementation.
4 14 To permit contract procurement to begin immediately, the
4 15 bill is effective immediately.
4 16 LSB 4061XS 76
4 17 jls/jw/5
Text: SF02331 Text: SF02333 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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