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Text: HSB00109                          Text: HSB00111
Text: HSB00100 - HSB00199               Text: HSB Index
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House Study Bill 110

Bill Text

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 reimbursement lien claim with the district court as provided
  1 11 in subsection 2.  The county attorney may file the room and
  1 12 board reimbursement lien claim 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 reimbursement lien claim
  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 to the lien execution.
  1 22    b.  The present address of the residence and principal
  1 23 place of business of the person named in the lien claim.
  1 24    c.  The criminal proceeding pursuant to which the lien
  1 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 the lien claim 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 board reimbursement charges the
  1 33 person has been ordered to pay or is likely to be ordered to
  1 34 pay owes.
  1 35    3.  The filing of a Upon receipt of a claim for room and
  2  1 board reimbursement lien in accordance with this section
  2  2 creates a lien, the court shall enter a judgment in favor of
  2  3 the sheriff or the county in any personal or real property an
  2  4 amount equal to the value of the room and board provided to
  2  5 the prisoner identified in the lien to the extent of the
  2  6 interest held in that property by the person named in the lien
  2  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 1683HC 77
  2 21 lh/jj/8
     
Text: HSB00109                          Text: HSB00111
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index
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