Text: HF00179 Text: HF00181 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 356.7, subsections 1, 2, and 3, Code 1 2 1997, are amended to read as follows: 1 3 1. The county sheriff may charge a prisoner who is 1 4 eighteen years of age or older for the room and board provided 1 5 to the prisoner while in the custody of the county sheriff. 1 6 Moneys collected by the sheriff under this section shall be 1 7 credited to the county general fund and distributed as 1 8 provided in this section. If a prisoner fails to pay for the 1 9 room and board, the sheriff may file a room and board 1 10 reimbursementlienclaim with the district court as provided 1 11 in subsection 2. The county attorney may file the room and 1 12 board reimbursementlienclaim on behalf of the sheriff and 1 13 the county. This section does not apply to prisoners who are 1 14 paying for their room and board by court order pursuant to 1 15 sections 356.26 through 356.35. 1 16 2. The sheriff or the county attorney, on behalf of the 1 17 sheriff, may file a room and board reimbursementlienclaim 1 18 with the clerk of the district court which shall include all 1 19 of the following information, if known: 1 20 a. The name and date of birth of the person whose property 1 21 or other interests are subject tothe lienexecution. 1 22 b. The present address of the residence and principal 1 23 place of business of the person named in thelienclaim. 1 24 c. The criminal proceeding pursuant to which thelien1 25 claim is filed, including the name of the court, the title of 1 26 the action, and the court's file number. 1 27 d. The name and address of the sheriff or the name and 1 28 address of the county attorney who is filing thelienclaim on 1 29 behalf of the sheriff. 1 30 e. A statement that the notice is being filed pursuant to 1 31 this section. 1 32 f. The amount of room and boardreimbursementcharges the 1 33 personhas been ordered to pay or is likely to be ordered to1 34payowes. 1 35 3.The filing of aUpon receipt of a claim for room and 2 1 board reimbursementlien in accordance with this section2 2creates a lien, the court shall enter a judgment in favor of 2 3 the sheriff or the county inany personal or real propertyan 2 4 amount equal to the value of the room and board provided to 2 5 the prisoner identified in thelien to the extent of the2 6interest held in that property by the person named in the lien2 7 claim. The sheriff may enforce the judgment in the manner 2 8 provided in chapter 626. 2 9 EXPLANATION 2 10 This bill provides that claims for reimbursement for room 2 11 and board provided while a prisoner is in the custody of a 2 12 county sheriff may be filed by the sheriff or the county 2 13 attorney with the district court as part of the criminal 2 14 proceeding. Upon receipt of a claim for reimbursement, the 2 15 court is to enter judgment against the prisoner in an amount 2 16 equal to the value of the room and board provided to the 2 17 prisoner while the prisoner was in the county sheriff's 2 18 custody. The sheriff may enforce the judgment through a writ 2 19 of execution under chapter 626. 2 20 LSB 1683HH 77 2 21 lh/jj/8
Text: HF00179 Text: HF00181 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 22 03:41:30 CDT 1997
URL: /DOCS/GA/77GA/Legislation/HF/00100/HF00180/970210.html
jhf