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PAG LIN
1 1 Section 1. Section 904.702, Code 1997, is amended to read
1 2 as follows:
1 3 904.702 DEDUCTIONS FROM INMATE ACCOUNTS.
1 4 If allowances are paid pursuant to section 904.701, the
1 5 director shall establish an inmate account, for deposit of
1 6 those allowances and for deposit of moneys sent to the inmate
1 7 from a source other than the department of corrections. The
1 8 director may deduct an amount, not to exceed ten percent of
1 9 the amount of the allowance, unless the inmate requests a
1 10 larger amount, to be deposited into the inmate savings fund as
1 11 required under section 904.508, subsection 2. The director
1 12 shall deduct from the inmate account an amount established by
1 13 the inmate's restitution plan of payment. The director shall
1 14 also deduct from any remaining account balance an amount
1 15 sufficient to pay all or part of any judgment against the
1 16 inmate, including but not limited to judgments for taxes and
1 17 child support, and court costs and fees assessed either as a
1 18 result of the inmate's confinement or amounts required to be
1 19 paid under section 610A.1. Written notice of the amount of
1 20 the deduction shall be given to the inmate, who shall have
1 21 five days after receipt of the notice to submit in writing any
1 22 and all objections to the deduction to the director, who shall
1 23 consider the objections prior to transmitting the deducted
1 24 amount to the clerk of the district court. The director need
1 25 give only one notice for each action or appeal under section
1 26 610A.1 for which periodic deductions are to be made. The
1 27 director shall next deduct from any remaining account balance
1 28 an amount sufficient to pay all or part of any costs assessed
1 29 against the inmate for misconduct or damage to the property of
1 30 others. If the inmate owns and controls the usage of one or
1 31 more personal electrical appliances, the director shall next
1 32 deduct five dollars per month, as a charge for electricity for
1 33 such appliances. The director may deduct from the inmate's
1 34 account an amount sufficient to pay for the inmate's share of
1 35 the costs of health services requested by the inmate and for
2 1 the treatment of injuries inflicted by the inmate on the
2 2 inmate or others. The director may deduct and disburse an
2 3 amount sufficient for industries' programs to qualify under
2 4 the eligibility requirements established in the Justice
2 5 Assistance Act of 1984, Pub. L. No. 98-473, including an
2 6 amount to pay all or part of the cost of the inmate's
2 7 incarceration. The director may pay all or any part of
2 8 remaining allowances paid pursuant to section 904.701 directly
2 9 to a dependent of the inmate, or may deposit the allowance to
2 10 the account of the inmate, or may deposit a portion and allow
2 11 the inmate a portion for the inmate's personal use.
2 12 The director, the institutional division, and the depart-
2 13 ment shall not be liable to any person for any damages caused
2 14 by the withdrawal or failure to withdraw money or the payment
2 15 or failure to make any payment under this section.
2 16 EXPLANATION
2 17 This bill requires the department of corrections to charge
2 18 each inmate $5 per month for the cost of electricity, if the
2 19 inmate owns and controls the usage of any personal electrical
2 20 appliance, which charge is to be deducted from the inmate's
2 21 account.
2 22 LSB 1083XS 77
2 23 jls/cf/24
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