Text: HF02304 Text: HF02306 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 804.22, subsection 2, Code 1997, is
1 2 amended to read as follows:
1 3 2. If the magistrate believes from such complaint that the
1 4 offense charged is triable in another court, the magistrate
1 5 shall by written order, commit the person arrested to a peace
1 6 officer, to be taken before the appropriate magistrate in the
1 7 district in which the offense is triable, and shall fix the
1 8 amount of bail or other conditions of release which the person
1 9 arrested may give for the person's appearance at the other
1 10 court. The magistrate's order committing the person to a
1 11 peace officer shall not provide for the confinement of the
1 12 person in a county other than the county of arrest unless the
1 13 magistrate first notifies the sheriff of the county of arrest
1 14 and the sheriff of the other county and determines that the
1 15 other county has sufficient space to accommodate the person.
1 16 If the sheriff of the county of arrest objects or the sheriff
1 17 of the other county states that insufficient space is
1 18 available, the magistrate shall not order the defendant to be
1 19 confined in that other county.
1 20 Sec. 2. Section 901.7, Code 1997, is amended to read as
1 21 follows:
1 22 901.7 COMMITMENT TO CUSTODY.
1 23 In imposing a sentence of confinement for more than one
1 24 year, the court shall commit the defendant to the custody of
1 25 the director of the Iowa department of corrections. Upon
1 26 entry of judgment and sentence, the clerk of the district
1 27 court immediately shall notify the director of the commitment.
1 28 The court shall make an order as appropriate for the temporary
1 29 custody of the defendant pending the defendant's transfer to
1 30 the custody of the director. If the order for temporary
1 31 custody provides for confinement of the defendant in a county
1 32 other than the county of conviction, the court shall notify
1 33 the sheriff of the county in which the defendant was convicted
1 34 and the sheriff of the other county and determine whether the
1 35 other county has sufficient space to accommodate the person.
2 1 If the sheriff of the county of conviction objects or the
2 2 sheriff of the other county states that insufficient space is
2 3 available, the court shall not order the defendant to be
2 4 confined in that other county. The court shall order the
2 5 county where a person was convicted to pay the cost of
2 6 temporarily confining the person and of transporting the
2 7 person to the state institution where the person is to be
2 8 confined in execution of the judgment. The order shall
2 9 require that a person transported to a state institution
2 10 pursuant to this section shall be accompanied by a person of
2 11 the same sex.
2 12 Sec. 3. Section 903.4, Code 1997, is amended to read as
2 13 follows:
2 14 903.4 PROVIDING PLACE OF CONFINEMENT.
2 15 All persons sentenced to confinement for a period of one
2 16 year or less shall be confined in a place to be furnished by
2 17 the county where the conviction was had unless the person is
2 18 presently committed to the custody of the director of the Iowa
2 19 department of corrections, in which case the provisions of
2 20 section 901.8 apply. The court shall not order confinement of
2 21 a defendant for a period of one year or less in a county other
2 22 than the county of conviction unless the court first notifies
2 23 both the sheriff of the county of conviction and the sheriff
2 24 of the other county and determines whether the other county
2 25 has sufficient space to accommodate the person. If the
2 26 sheriff of the county of conviction objects or the sheriff of
2 27 the other county states that insufficient space is available,
2 28 the court shall not order the defendant to be confined in that
2 29 county. All persons sentenced to confinement for a period of
2 30 more than one year shall be committed to the custody of the
2 31 director of the Iowa department of corrections to be confined
2 32 in a place to be designated by the director and the cost of
2 33 the confinement shall be borne by the state. The director may
2 34 contract with local governmental units for the use of
2 35 detention or correctional facilities maintained by the units
3 1 for the confinement of such persons.
3 2 EXPLANATION
3 3 This bill provides that before a criminal defendant can be
3 4 confined in a jail in a county other than the county in which
3 5 the person was arrested or convicted, the court must notify
3 6 the sheriff of the county in which the person is arrested or
3 7 convicted and the sheriff of the other county, and determine
3 8 if sufficient space is available to accommodate the person.
3 9 If it is determined that sufficient space is not available in
3 10 the other county or the sheriff of the county in which the
3 11 person is arrested or convicted objects, the court is not to
3 12 order the defendant confined in that other county.
3 13 LSB 3830YH 77
3 14 lh/jw/5
Text: HF02304 Text: HF02306 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 25 03:42:23 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02300/HF02305/980217.html
jhf