Text: SF02089 Text: SF02091 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2090 1 2 1 3 AN ACT 1 4 RELATING TO COMPENSATION FOR THE LEGAL DEFENSE OF INDIGENT 1 5 PERSONS IN PRISON DISCIPLINARY POSTCONVICTION CASES AND 1 6 PROVIDING AN EFFECTIVE DATE AND FOR RETROACTIVE APPLIC- 1 7 ABILITY. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 822.5, subsection 2, Code 1997, is 1 12 amended to read as follows: 1 13 2. If an applicant confined in a state institution seeks 1 14 relief under section 822.2, subsection 6, and the court finds 1 15 in favor of the applicant, or when relief is denied and costs 1 16 and expenses referred to in subsection 1 cannot be collected 1 17 from the applicant, these costs and expensesinitiallyshall 1 18 be paid by thecounty in which the application was filedstate 1 19 public defender from the indigent defense fund in accordance 1 20 with the procedures applicable in section 815.7.The facts of1 21payment and the proceedings on which it is based, with a1 22statement of the amount of costs and expenses incurred, shall1 23be submitted to the county in a timely manner with approval in1 24writing by the presiding or district judge appended to the1 25statement or endorsed on it, and shall be certified by the1 26clerk of the district court under seal to the state executive1 27council. The executive council shall review the proceedings1 28and authorize reimbursement for the costs and expenses or for1 29that part which the executive council finds justified, and1 30shall notify the director of revenue and finance to draw a1 31warrant to the county treasurer on the state general fund for1 32the amount authorized.1 33 Sec. 2. REIMBURSEMENT TO COUNTIES. Counties which paid 1 34 claims to attorneys pursuant to court order under section 1 35 822.5, subsection 2, prior to the effective date of this Act, 2 1 but which were not fully reimbursed by the executive council, 2 2 may file claims with the state appeal board pursuant to 2 3 chapter 25 for any difference between the amount paid pursuant 2 4 to court order and the amount reimbursed by the executive 2 5 council. The state appeal board shall reimburse the counties 2 6 for any amount paid pursuant to court order and not fully 2 7 reimbursed by the executive council. 2 8 Sec. 3. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 2 9 This Act, being deemed of immediate importance, takes effect 2 10 upon enactment and applies retroactively to any claims for 2 11 costs and expenses which are or were approved by a presiding 2 12 or district judge on or before the effective date of this Act. 2 13 2 14 2 15 2 16 MARY E. KRAMER 2 17 President of the Senate 2 18 2 19 2 20 2 21 RON J. CORBETT 2 22 Speaker of the House 2 23 2 24 I hereby certify that this bill originated in the Senate and 2 25 is known as Senate File 2090, Seventy-seventh General Assembly. 2 26 2 27 2 28 2 29 MARY PAT GUNDERSON 2 30 Secretary of the Senate 2 31 Approved , 1998 2 32 2 33 2 34 2 35 TERRY E. BRANSTAD 3 1 Governor
Text: SF02089 Text: SF02091 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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