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House File 546

Partial Bill History

Bill Text

  1  1    Section 1.  Section 669.2, subsection 4, unnumbered
  1  2 paragraph 1, Code 1997, 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 12 dentists, nurses, physician assistants, and other medical
  1 13 personnel, who render services to patients or inmates of state
  1 14 institutions under the jurisdiction of the department of human
  1 15 services, and employees of the commission of veterans affairs,
  1 16 or the Iowa department of corrections are to be considered
  1 17 employees of the state, whether the personnel are employed on
  1 18 a full-time basis or render services on a part-time basis on a
  1 19 fee schedule or other arrangement.  Criminal defendants while
  1 20 performing unpaid community service ordered by the district
  1 21 court, board of parole, or judicial district department of
  1 22 correctional services, or an inmate inmates providing services
  1 23 pursuant to a chapter 28E an agreement entered into pursuant
  1 24 to section 904.703, and persons providing supervision,
  1 25 security, or transportation for inmates or criminal defendants
  1 26 who are providing the services, are to be considered employees
  1 27 of the state.
  1 28    Sec. 2.  Section 904.703, unnumbered paragraph 1, Code
  1 29 1997, is amended to read as follows:
  1 30    Inmates shall work on state account in the maintenance of
  1 31 state institutions, in the erection, repair, authorized
  1 32 demolition, or operation of buildings and works used in
  1 33 connection with the institutions, and in industries
  1 34 established and maintained in connection with the institutions
  1 35 by the director.  The director shall encourage the making of
  2  1 agreements, including agreements under chapter 28E, with
  2  2 departments and agencies of the state or its political
  2  3 subdivisions to provide products or services under an inmate
  2  4 work program to the departments and, agencies, and political
  2  5 subdivisions.  The director may implement an inmate work
  2  6 program for trustworthy inmates of state correctional
  2  7 institutions, under proper supervision, whether at work
  2  8 centers located outside the state correctional institutions or
  2  9 in construction or maintenance work at public or charitable
  2 10 facilities and for other agencies of state, county, or local
  2 11 government.  The supervision, security, and transportation of,
  2 12 and allowances paid to inmates used in public service projects
  2 13 shall be provided pursuant to agreements made by the director
  2 14 and the agency for which the work is done.  Housing and
  2 15 maintenance shall also be provided pursuant to the agreement
  2 16 unless the inmate is housed and maintained in the correctional
  2 17 facility.  All such work, including but not limited to that
  2 18 provided in this section, shall have as its primary purpose
  2 19 the development of attitudes, skills, and habit patterns which
  2 20 are conducive to inmate rehabilitation.  The director may
  2 21 adopt rules allowing inmates participating in an inmate work
  2 22 program to receive educational or vocational training outside
  2 23 the state correctional institutions and away from the work
  2 24 centers or public or charitable facilities used under a
  2 25 program.
  2 26    Sec. 3.  Section 904.703, unnumbered paragraph 3, Code
  2 27 1997, is amended by striking the paragraph.  
  2 28                           EXPLANATION
  2 29    This bill extends the provisions of the state tort claims
  2 30 Act to cover persons who supervise, provide security for, or
  2 31 transport criminal defendants and inmates who are providing
  2 32 services either pursuant to an order of the court, the board
  2 33 of parole, or a judicial district department of correctional
  2 34 services or pursuant to an agreement for inmate services.  The
  2 35 state tort claims Act contains specific procedures for the
  3  1 recovery of claims for damages against the state for negligent
  3  2 acts or omissions of employees of the state, which must be
  3  3 followed in order for a person to receive compensation for
  3  4 those damages.
  3  5    This bill also includes chapter 28E agreements for inmate
  3  6 services to departments, state agencies, and political
  3  7 subdivisions of the state under general provisions governing
  3  8 inmate work contracts.  Currently, chapter 28E agreements with
  3  9 county boards of supervisors or county conservation boards for
  3 10 inmate services for environmental maintenance are governed
  3 11 separately from other agreements.  Under those provisions,
  3 12 county boards of supervisors or conservation boards are
  3 13 responsible for reimbursing the department of corrections for
  3 14 allowances paid to inmates for the services, and the
  3 15 supervision, security, and transportation of inmates is
  3 16 provided by the department of corrections.  The changes made
  3 17 under the bill would delete the statutory requirements and
  3 18 bring the issues of allowances, supervision, security, and
  3 19 transportation under the terms of the inmate service
  3 20 agreements.  
  3 21 LSB 1295HV 77
  3 22 lh/sc/14

Text: HF00545                           Text: HF00547
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