Text: S05550                            Text: S05552
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Senate Amendment 5551

Amendment Text

PAG LIN
  1  1    Amend Senate File 2331, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1, the
  1  4 following:
  1  5    "Section 1.  Section 80A.2, Code 1997, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  9.  A person engaged in the
  1  8 business of transporting prisoners under a contract
  1  9 with the Iowa department of corrections or a county
  1 10 sheriff, a similar agency from another state, or the
  1 11 federal government.
  1 12    Sec. ___.  NEW SECTION.  356.50  PRIVATE
  1 13 TRANSPORTATION OF PRISONERS.
  1 14    If a county sheriff contracts with a private person
  1 15 or entity for the transportation of prisoners to or
  1 16 from a county jail, the contract shall include
  1 17 provisions which require the following:
  1 18    1.  The private person or any officers or employees
  1 19 of the private person or private entity shall not have
  1 20 been convicted of any of the following:
  1 21    a.  A felony.
  1 22    b.  Within the three-year period immediately
  1 23 preceding the date of the execution of the contract, a
  1 24 violation of the laws pertaining to operation of motor
  1 25 vehicles punishable as a serious misdemeanor or
  1 26 greater offense.
  1 27    c.  Domestic abuse assault in which bodily injury
  1 28 was inflicted or attempted to be inflicted.
  1 29    d.  A crime involving illegal manufacture, use,
  1 30 possession, sale, or an attempt to illegally
  1 31 manufacture, use, possess, or sell alcohol or a
  1 32 controlled substance or other drug.
  1 33    2.  The person or persons actually transporting the
  1 34 prisoners shall be trained and proficient in the safe
  1 35 use of firearms.
  1 36    3.  Any employees of a private entity which has
  1 37 entered into the contract for transportation of
  1 38 prisoners shall only possess and use security and
  1 39 restraint equipment, including any firearms, which has
  1 40 been issued by the private entity.
  1 41    4.  The person or persons actually transporting the
  1 42 prisoners shall be trained and proficient in
  1 43 appropriate transportation procedures.
  1 44    5.  The person or entity complies, within one year
  1 45 of publication, with any applicable standards for the
  1 46 transportation of prisoners promulgated by the
  1 47 American corrections association.
  1 48    Sec. ___.  Section 724.4, subsection 4, Code 1997,
  1 49 is amended by adding the following new paragraph:
  1 50    NEW PARAGRAPH.  k.  A person engaged in the
  2  1 business of transporting prisoners under a contract
  2  2 with the Iowa department of corrections or a county
  2  3 sheriff, a similar agency from another state, or the
  2  4 federal government."
  2  5    #2.  Page 1, line 29, by inserting after the word
  2  6 "programming." the following:  "Any agreement to
  2  7 utilize mental health institutions and to share staff
  2  8 and resources shall provide that the costs of the
  2  9 habilitative and treatment services shall be paid from
  2 10 state funds."
  2 11    #3.  Page 2, by inserting after line 9, the
  2 12 following:
  2 13    "Sec. ___.  NEW SECTION.  904.320  PRIVATE
  2 14 TRANSPORTATION OF PRISONERS.
  2 15    1.  If the director contracts with a private person
  2 16 or entity for the transportation of inmates to or from
  2 17 an institution, the contract shall include provisions
  2 18 which require the following:
  2 19    a.  The private person or any officers or employees
  2 20 of the private person or private entity shall not have
  2 21 been convicted of any of the following:
  2 22    (1)  A felony.
  2 23    (2)  Within the three-year period immediately
  2 24 preceding the date of the execution of the contract, a
  2 25 violation of the laws pertaining to operation of motor
  2 26 vehicles punishable as a serious misdemeanor or
  2 27 greater offense.
  2 28    (3)  Domestic abuse assault in which bodily injury
  2 29 was inflicted or attempted to be inflicted.
  2 30    (4)  A crime involving illegal manufacture, use,
  2 31 possession, sale, or an attempt to illegally
  2 32 manufacture, use, possess, or sell alcohol or a
  2 33 controlled substance or other drug.
  2 34    b.  The person or persons actually transporting the
  2 35 prisoners shall be trained and proficient in the safe
  2 36 use of firearms.
  2 37    c.  Any employees of a private entity which has
  2 38 entered into the contract for transportation of
  2 39 prisoners shall only possess and use security and
  2 40 restraint equipment, including any firearms, which has
  2 41 been issued by the private entity.
  2 42    d.  The person or persons actually transporting the
  2 43 prisoners shall be trained and proficient in
  2 44 appropriate transportation procedures.
  2 45    e.  The person or entity complies, within one year
  2 46 of publication, with any applicable standards for the
  2 47 transportation of prisoners promulgated by the
  2 48 American corrections association.
  2 49    2.  The department shall adopt rules pertaining to
  2 50 contracts with private persons or entities providing
  3  1 transportation of inmates of institutions under the
  3  2 control of the department."
  3  3    #4.  Title page, line 1, by striking the words "to
  3  4 provide" and inserting the following:  "relating to
  3  5 agreements for the provision of services, by excluding
  3  6 persons who provide transportation of prisoners from
  3  7 statutory requirements pertaining to private
  3  8 investigators or security agents and the carrying of
  3  9 weapons, and providing".
  3 10    #5.  Title page, line 2, by inserting after the
  3 11 word "resources" the following:  "by the department of
  3 12 corrections".
  3 13    #6.  Title page, line 2, by inserting after the
  3 14 word "services" the following:  "and providing for
  3 15 certain contractual requirements and the adoption of
  3 16 rules by the department of corrections".
  3 17    #7.  By renumbering, relettering, or redesignating
  3 18 and correcting internal references as necessary.  
  3 19 SF 2331H
  3 20 lh/pk/25
     

Text: S05550                            Text: S05552
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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