Text: HF02304                           Text: HF02306
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2305

Partial Bill History

Bill Text

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

Return To Home 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