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PAG LIN
1 1 Section 1. NEW SECTION. 356.7 CORRECTIONAL FEES FOR
1 2 CUSTODIAL EXPENSES.
1 3 1. The county sheriff may charge an adult prisoner a
1 4 correctional fee for custodial expenses incurred or which may
1 5 be incurred while the prisoner is in the custody of the county
1 6 sheriff. The custodial expenses may include, but are not
1 7 limited to, board and room, medical and dental fees, education
1 8 costs, clothing costs, and the costs of supervision, services,
1 9 and treatment provided to the prisoner while in the custody of
1 10 the county sheriff. The correctional fee shall not exceed the
1 11 actual cost of keeping the prisoner in custody. The
1 12 correctional fees shall be assessed as court costs and the
1 13 correctional fees collected shall be credited to the general
1 14 fund of the county of commitment to be used for courthouse
1 15 security and the improvement, expansion, or construction of a
1 16 jail or juvenile detention facility. A prisoner is liable for
1 17 payment of the correctional fees upon a plea of guilty or
1 18 conviction. The sheriff shall file an itemized claim for the
1 19 fees at the conclusion of the prisoner's confinement in the
1 20 county jail. The correctional fees shall be collected as
1 21 other court costs pursuant to section 602.8107. This section
1 22 does not apply to prisoners who are paying for their board and
1 23 room and other costs by court order pursuant to sections
1 24 356.26 through 356.35.
1 25 2. This section does not limit the right of the sheriff to
1 26 obtain any other remedy authorized by law.
1 27 3. A homestead is subject to judicial sale for payment of
1 28 correctional fees, notwithstanding section 561.16.
1 29 Sec. 2. Section 904.108, Code 1995, is amended by adding
1 30 the following new subsection:
1 31 NEW SUBSECTION. 7. a. The director may charge an inmate
1 32 a correctional fee for custodial expenses incurred or which
1 33 may be incurred while the inmate is in the custody of the
1 34 department. The custodial expenses may include, but are not
1 35 limited to, board and room, medical and dental fees, education
2 1 costs, clothing costs, and the costs of supervision, services,
2 2 and treatment provided to the inmate. The correctional fee
2 3 shall not exceed the actual cost of keeping the inmate in
2 4 custody. The correctional fees shall be assessed as court
2 5 costs and any correctional fees collected pursuant to this
2 6 subsection shall be credited to the general fund of the state.
2 7 The correctional fees shall be collected as other court costs
2 8 pursuant to section 602.8107.
2 9 b. This subsection does not limit the right of the
2 10 director to obtain any other remedy authorized by law.
2 11 c. A homestead is subject to judicial sale for payment of
2 12 correctional fees, notwithstanding section 561.16.
2 13 Sec. 3. Section 602.8107, subsection 2, unnumbered
2 14 paragraph 1, Code Supplement 1995, is amended to read as
2 15 follows:
2 16 If the clerk receives payment from a person who is an
2 17 inmate of a state institution or county jail, or who is under
2 18 the supervision of a judicial district department of
2 19 correctional services, the payment shall be applied to the
2 20 balance owed under the identified case number of the case
2 21 which has resulted in the placement of the person in a state
2 22 institution or under the supervision of the judicial district
2 23 department of correctional services. If a case number is not
2 24 identified, the clerk shall apply the payment to the balance
2 25 owed in the criminal case with the oldest judgment against the
2 26 person. Payments received under this section shall be applied
2 27 in the following priority order:
2 28 Sec. 4. Section 602.8107, subsection 2, paragraph d, Code
2 29 Supplement 1995, is amended to read as follows:
2 30 d. Court costs including correctional fees assessed
2 31 pursuant to sections 356.7 and 904.108, court-appointed
2 32 attorney fees, or public defender expenses.
2 33 EXPLANATION
2 34 This bill authorizes the county sheriff and the director of
2 35 the department of corrections to charge adult prisoners a
3 1 correctional fee to reimburse the county or the state for the
3 2 costs of supervision, treatment, and caring for the prisoners
3 3 or inmates while they are in the custody of the county sheriff
3 4 or the director of the department of corrections. The
3 5 correctional fee shall be assessed and collected as court
3 6 costs as provided in section 602.8107. A homestead is not
3 7 exempt from judicial sale to pay correctional fees,
3 8 notwithstanding section 561.16.
3 9 LSB 3726XL 76
3 10 tj/sc/14.3
Text: SSB02301 Text: SSB02303 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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