Text: HF00545 Text: HF00547 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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 inmateinmates providing services 1 23 pursuant toa chapter 28Ean 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 departmentsand, 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 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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