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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 patients and inmates of 1 14 state institutions under the jurisdiction of the department of 1 15 human services or the Iowa department of corrections are to be 1 16 considered employees of the state, whether the personnel are 1 17 employed on a full-time basis or render services on a part- 1 18 time basis on a fee schedule or other arrangement. Criminal 1 19 defendants while performing unpaid community service ordered 1 20 by the district court, board of parole, or judicial district 1 21 department of correctional services, or an inmate providing 1 22 services pursuant to a chapter 28E agreement entered into 1 23 pursuant to section 904.703, are to be considered employees of 1 24 the state. 1 25 Sec. 2. Section 904.513, Code 1995, is amended by striking 1 26 the section and inserting in lieu thereof the following: 1 27 904.513 ASSIGNMENT OF OWI VIOLATORS TO TREATMENT 1 28 FACILITIES. 1 29 1. The department of corrections, in cooperation with the 1 30 judicial district departments of correctional services, shall 1 31 establish in each judicial district a continuum of programming 1 32 for the supervision and treatment of offenders convicted of 1 33 violating chapter 321J who are sentenced to the custody of the 1 34 director. The continuum shall include a range of sanctioning 1 35 options that include, but are not limited to, prisons and 2 1 residential facilities. The department of corrections shall 2 2 develop standardized assessment criteria for the assignment of 2 3 offenders pursuant to this chapter. Assignment shall be for 2 4 the purposes of risk management and substance abuse treatment 2 5 and may include education or work programs when the offender 2 6 is not participating in other program components. Assignment 2 7 may also be made on the basis of the offender's treatment 2 8 program performance, as a disciplinary measure, for medical 2 9 needs, and for space availability at community residential 2 10 facilities. If there is insufficient space at a community 2 11 residential facility the court may order an offender to be 2 12 released to the supervision of the judicial district 2 13 department of correctional services or held in jail. 2 14 2. Upon request by the director a county shall provide 2 15 temporary confinement for offenders allegedly violating the 2 16 conditions of assignment to a program under this chapter. The 2 17 department shall negotiate a reimbursement rate with each 2 18 county. The amount to be reimbursed shall be determined by 2 19 multiplying the number of days a person is confined by the 2 20 average daily cost of confining a person in the county 2 21 facility as negotiated with the department. A county holding 2 22 offenders in jail due to insufficient space in a community 2 23 residential facility shall be reimbursed. Payment shall be 2 24 made upon submission of a voucher executed by the sheriff and 2 25 approved by the director. 2 26 3. The department shall adopt rules for the implementation 2 27 of this section. The rules shall include the requirement that 2 28 the treatment programs established pursuant to this chapter 2 29 meet the licensure standards of the division of substance 2 30 abuse for the department of public health. The rules shall 2 31 also include provisions for the funding of the program by 2 32 means of self-contribution by the offenders, insurance 2 33 reimbursement on behalf of offenders, or other forms of 2 34 funding, program structure, criteria for the evaluation of 2 35 offenders and programs, and all other issues the director 3 1 shall deem appropriate. 3 2 Sec. 3. Section 904.701, subsection 3, Code Supplement 3 3 1995, is amended to read as follows: 3 4 3. For purposes of this section, "hard labor" means 3 5 physical or mental labor which is performed for a period of 3 6 time which shall average, as nearly as possible, forty hours 3 7 each week, and may include useful and productive work, chain 3 8 gangs, menial labor,substance abuse or sex offendertreatment 3 9 or education programs, any training necessary to perform any 3 10 work required, and, if possible, work providing an inmate with 3 11 marketable vocational skills. "Hard labor" does not include 3 12 labor which is dangerous to an inmate's life or health, is 3 13 unduly painful, or is required to be performed under 3 14 conditions that would violate occupational safety and health 3 15 standards applicable to such labor if performed by a person 3 16 who is not an inmate. 3 17 Sec. 4. Section 904.701, subsection 5, Code Supplement 3 18 1995, is amended by striking the subsection. 3 19 Sec. 5. Section 904.702, unnumbered paragraph 1, Code 3 20 Supplement 1995, is amended to read as follows: 3 21 If allowances are paid pursuant to section 904.701, the 3 22 director shall establish an inmate account, for deposit of 3 23 those allowances and for deposit of moneys sent to the inmate 3 24 from a source other than the department of corrections. The 3 25 director may deduct an amount, not to exceed ten percent of 3 26 the amount of the allowance, unless the inmate requests a 3 27 larger amount, to be deposited into the inmate savings fund as 3 28 required under section 904.508, subsection 2. The director 3 29 shall deduct from the inmate account an amount established by 3 30 the inmate's restitution plan of payment. The director shall 3 31 also deduct from any remaining account balance an amount 3 32 sufficient to pay all or part of any judgment against the 3 33 inmate, including but not limited to judgments for taxes and 3 34 child support, and court costs and fees assessed either as a 3 35 result of the inmate's confinement or amounts required to be 4 1 paid under section 610A.1. Written notice of the amount of 4 2 the deduction shall be given to the inmate, who shall have 4 3 five days after receipt of the notice to submit in writing any 4 4 and all objections to the deduction to the director, who shall 4 5 consider the objections prior to transmitting the deducted 4 6 amount to the clerk of the district court. The director need 4 7 give only one notice for each action or appeal under section 4 8 610A.1 for which periodic deductions are to be made. The 4 9 director shall next deduct from any remaining account balance 4 10 an amount sufficient to pay all or part of any costs assessed 4 11 against the inmate for misconduct or damage to the property of 4 12 others. The director may deduct from the inmate's account an 4 13 amount sufficient to pay for the inmate's share of the costs 4 14 of health services requested by the inmate and for the 4 15 treatment of injuries inflicted by the inmate on the inmate or 4 16 others. The director may deduct and disburse an amount 4 17 sufficient for industries' programs to qualify under the 4 18 eligibility requirements established in the Justice Assistance 4 19 Act of 1984, Pub. L. No. 98-473, including an amount to pay 4 20 all or part of the cost of the inmate's incarceration. The 4 21 director may pay all or any part of remaining allowances paid 4 22 pursuant to section 904.701 directly to a dependent of the 4 23 inmate, or may deposit the allowance to the account of the 4 24 inmate, or may deposit a portion and allow the inmate a 4 25 portion for the inmate's personal use. 4 26 Sec. 6. NEW SECTION. 906.18 PAROLE VIOLATORS &endash; 4 27 REIMBURSEMENT TO DEPARTMENT. 4 28 The department of corrections shall arrange for the return 4 29 of parolees who escape from the facility to which they are 4 30 assigned or violate the conditions of supervision. The 4 31 parolee shall reimburse the department of corrections for the 4 32 costs incurred because of the escape or violation. The amount 4 33 of reimbursement shall be the actual cost incurred by the 4 34 department, and shall be credited to the support account from 4 35 which the billing occurred. The department shall adopt rules 5 1 to implement this section. 5 2 EXPLANATION 5 3 This bill provides as follows: 5 4 Section 669.2, regarding tort claims against state 5 5 employees, is amended to add nurses, physician assistants, and 5 6 other medical providers to the definition of state employees 5 7 where they render services to inmates of state institutions. 5 8 Section 904.513 is amended to provide that third or 5 9 subsequent operating while intoxicated (OWI) offenders may be 5 10 placed in prison and that county jails are required to provide 5 11 temporary confinement for OWI offenders allegedly violating 5 12 treatment program conditions. The department of corrections 5 13 is to negotiate a rate for reimbursing counties for this 5 14 service. The bill also requires community-based corrections 5 15 residential treatment facilities to meet department of public 5 16 health standards for substance abuse treatment and for the 5 17 adoption of rules regarding funding the OWI violator program. 5 18 In addition, the bill eliminates the use of recognizance bonds 5 19 for the release of OWI violators when facilities are 5 20 overcrowded. 5 21 Section 904.701, regarding inmate hard labor, is amended to 5 22 include education and all treatment programs in the definition 5 23 of hard labor. The bill strikes a requirement that the 5 24 department adopt rules to implement the inmate hard labor 5 25 provisions. 5 26 Section 904.702, regarding deductions from inmate accounts, 5 27 is amended to authorize the director of the department to 5 28 deduct from an inmate's account the costs of health services 5 29 requested by the inmate and for the treatment of injuries to 5 30 other inmates or the inmate, whether self-inflicted or 5 31 otherwise. 5 32 A new section, 906.18, is created to provide that inmates 5 33 who escape from a facility to which they were assigned on 5 34 parole shall reimburse the department for the costs incurred 5 35 because of the escape. 6 1 This bill may contain a state mandate under chapter 25B. 6 2 BACKGROUND STATEMENT 6 3 SUBMITTED BY THE AGENCY 6 4 Tort Claims &endash; This change to section 669.2 adds nurses, 6 5 physician assistants, and other medical personnel to the 6 6 definition of "state employee" in the state tort claims Act 6 7 and thereby extends the protections of the Act to these 6 8 employees. This change has been recommended by the attorney 6 9 general's office. 6 10 OWI Revisions &endash; This change to section 904.513 is being 6 11 undertaken in response to a recent district court decision 6 12 which calls into question the department's authority to place 6 13 third-offense OWI offenders in prison. The proposed language 6 14 is designed to strengthen the prison option in the OWI 6 15 continuum, as well as address other shortcomings of the 6 16 existing statute. Other changes include the elimination of 6 17 American corrections association (ACA) standards from the 6 18 statute as obsolete. While the department still uses ACA 6 19 standards as benchmarks, the department no longer obtains ACA 6 20 accreditation. The revision also provides for an elimination 6 21 of recognizance bonds as a release option when facilities are 6 22 overcrowded. The department believes that these offenders 6 23 present a public safety risk and should be held in a secure 6 24 setting. Other changes include general simplification of the 6 25 statute. The proposed language was also written with the 6 26 intent of maintaining current practice and rules in place as 6 27 much as possible. 6 28 Hard Labor Bill Revisions &endash; The revisions to section 6 29 904.701 are designed to include education and all treatment 6 30 programs in the list of items that are considered "hard labor" 6 31 for the purposes of meeting the 40-hour work week requirement 6 32 of last session's hard labor bill. Institution staff have 6 33 been unanimous in their strong advocacy for this change. The 6 34 department sought this language in the original bill. As 6 35 currently written, the legislation severely undermines the 7 1 department's ability to deliver effective treatment 7 2 programming because of the limited hours and energies inmates 7 3 have available to devote to treatment. 7 4 The rulemaking deletion is to remove an impediment to the 7 5 orderly and rapid implementation of this legislation. The 7 6 department of corrections is generally excluded from 7 7 rulemaking. Work programs have been effectively administered 7 8 without rules throughout the history of the department. 7 9 Inmate Accounts &endash; The requested changes to section 904.702 7 10 allow the department to collect a portion of the cost of 7 11 health care services from inmates on inmate-initiated health 7 12 service requests. Inmates will be asked to make a co-payment 7 13 of $3 for health service requests initiated by the inmate and 7 14 for injuries caused by the inmate. Inmates would not be 7 15 charged a co-payment for health assessments, services 7 16 initiated by health services staff, or emergency services. 7 17 This co-payment mechanism is increasingly being used by other 7 18 states to curb the inappropriate use of health resources. 7 19 Parole Violators - Reimbursement &endash; This proposed new 7 20 section 906.18 allows the department to recover the costs 7 21 incurred from incarcerating and transporting parole 7 22 absconders. Similar language already exists to recover costs 7 23 from work release and OWI program absconders. This change 7 24 would allow more equitable treatment of offenders under 7 25 similar circumstances as well as potentially recovering 7 26 approximately $20,000 in departmental expenses. 7 27 LSB 3380DP 76 7 28 mk/cf/24
Text: SSB02145 Text: SSB02147 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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