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PAG LIN
1 1 SENATE FILE 2331
1 2
1 3 AN ACT
1 4 RELATING TO AGREEMENTS FOR THE PROVISION OF SERVICES, BY
1 5 EXCLUDING PERSONS WHO PROVIDE TRANSPORTATION OF PRISONERS
1 6 FROM STATUTORY REQUIREMENTS PERTAINING TO PRIVATE INVESTI-
1 7 GATORS OR SECURITY AGENTS AND THE CARRYING OF WEAPONS, AND
1 8 PROVIDING FOR THE SHARING OF CERTAIN HABILITATIVE AND
1 9 TREATMENT RESOURCES BY THE DEPARTMENT OF CORRECTIONS WITH
1 10 THE DEPARTMENT OF HUMAN SERVICES AND PROVIDING FOR CERTAIN
1 11 CONTRACTUAL REQUIREMENTS AND THE ADOPTION OF RULES BY THE
1 12 DEPARTMENT OF CORRECTIONS.
1 13
1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 15
1 16 Section 1. Section 80A.2, Code 1997, is amended by adding
1 17 the following new subsection:
1 18 NEW SUBSECTION. 9. A person engaged in the business of
1 19 transporting prisoners under a contract with the Iowa
1 20 department of corrections or a county sheriff, a similar
1 21 agency from another state, or the federal government.
1 22 Sec. 2. NEW SECTION. 356.50 PRIVATE TRANSPORTATION OF
1 23 PRISONERS.
1 24 If a county sheriff contracts with a private person or
1 25 entity for the transportation of prisoners to or from a county
1 26 jail, the contract shall include provisions which require the
1 27 following:
1 28 1. The private person or any officers or employees of the
1 29 private person or private entity shall not have been convicted
1 30 of any of the following:
1 31 a. A felony.
1 32 b. Within the three-year period immediately preceding the
1 33 date of the execution of the contract, a violation of the laws
1 34 pertaining to operation of motor vehicles punishable as a
1 35 serious misdemeanor or greater offense.
2 1 c. Domestic abuse assault in which bodily injury was
2 2 inflicted or attempted to be inflicted.
2 3 d. A crime involving illegal manufacture, use, possession,
2 4 sale, or an attempt to illegally manufacture, use, possess, or
2 5 sell alcohol or a controlled substance or other drug.
2 6 2. The person or persons actually transporting the
2 7 prisoners shall be trained and proficient in the safe use of
2 8 firearms.
2 9 3. Any employees of a private entity which has entered
2 10 into the contract for transportation of prisoners shall only
2 11 possess and use security and restraint equipment, including
2 12 any firearms, which has been issued by the private entity.
2 13 4. The person or persons actually transporting the
2 14 prisoners shall be trained and proficient in appropriate
2 15 transportation procedures.
2 16 5. The person or entity complies, within one year of
2 17 publication, with any applicable standards for the
2 18 transportation of prisoners promulgated by the American
2 19 corrections association.
2 20 Sec. 3. Section 724.4, subsection 4, Code 1997, is amended
2 21 by adding the following new paragraph:
2 22 NEW PARAGRAPH. k. A person engaged in the business of
2 23 transporting prisoners under a contract with the Iowa
2 24 department of corrections or a county sheriff, a similar
2 25 agency from another state, or the federal government.
2 26 Sec. 4. Section 904.108, subsection 1, paragraph d, Code
2 27 Supplement 1997, is amended to read as follows:
2 28 d. Establish and maintain acceptable standards of
2 29 treatment, training, education, and rehabilitation in the
2 30 various state penal and corrective institutions which shall
2 31 include habilitative services and treatment for offenders with
2 32 mental retardation. For the purposes of this paragraph,
2 33 "habilitative services and treatment" means medical, mental
2 34 health, social, educational, counseling, and other services
2 35 which will assist a person with mental retardation to become
3 1 self-reliant. However, the director may also provide
3 2 rehabilitative treatment and services to other persons who
3 3 require the services. The director shall identify all
3 4 individuals entering the correctional system who are persons
3 5 with mental retardation, as defined in section 222.2,
3 6 subsection 4. Identification shall be made by a qualified
3 7 professional in the area of mental retardation. In assigning
3 8 an offender with mental retardation, or an offender with an
3 9 inadequately developed intelligence or with impaired mental
3 10 abilities, to a correctional facility, the director shall
3 11 consider both the program needs and the security needs of the
3 12 offender. The director shall consult with the department of
3 13 human services in providing habilitative services and
3 14 treatment to offenders with mental illness or mental
3 15 retardation. The director may enter into agreements with the
3 16 department of human services to utilize mental health
3 17 institutions and share staff and resources for purposes of
3 18 providing habilitative and treatment services, as well as
3 19 providing other special needs programming. Any agreement to
3 20 utilize mental health institutions and to share staff and
3 21 resources shall provide that the costs of the habilitative and
3 22 treatment services shall be paid from state funds. Not later
3 23 than twenty days prior to entering into any agreement to
3 24 utilize mental health institution staff and resources, other
3 25 than the use of a building or facility, for purposes of
3 26 providing habilitative and treatment services, as well as
3 27 other special needs programming, the directors of the
3 28 departments of corrections and human services shall each
3 29 notify the chairpersons and ranking members of the joint
3 30 appropriations subcommittees that last handled the
3 31 appropriation for their respective departments of the pending
3 32 agreement. Use of a building or facility shall require
3 33 approval of the general assembly if the general assembly is in
3 34 session or, if the general assembly is not in session, the
3 35 legislative council may grant temporary authority, which shall
4 1 be subject to final approval of the general assembly during
4 2 the next succeeding legislative session.
4 3 Sec. 5. NEW SECTION. 904.320 PRIVATE TRANSPORTATION OF
4 4 PRISONERS.
4 5 1. If the director contracts with a private person or
4 6 entity for the transportation of inmates to or from an
4 7 institution, the contract shall include provisions which
4 8 require the following:
4 9 a. The private person or any officers or employees of the
4 10 private person or private entity shall not have been convicted
4 11 of any of the following:
4 12 (1) A felony.
4 13 (2) Within the three-year period immediately preceding the
4 14 date of the execution of the contract, a violation of the laws
4 15 pertaining to operation of motor vehicles punishable as a
4 16 serious misdemeanor or greater offense.
4 17 (3) Domestic abuse assault in which bodily injury was
4 18 inflicted or attempted to be inflicted.
4 19 (4) A crime involving illegal manufacture, use,
4 20 possession, sale, or an attempt to illegally manufacture, use,
4 21 possess, or sell alcohol or a controlled substance or other
4 22 drug.
4 23 b. The person or persons actually transporting the
4 24 prisoners shall be trained and proficient in the safe use of
4 25 firearms.
4 26 c. Any employees of a private entity which has entered
4 27 into the contract for transportation of prisoners shall only
4 28 possess and use security and restraint equipment, including
4 29 any firearms, which has been issued by the private entity.
4 30 d. The person or persons actually transporting the
4 31 prisoners shall be trained and proficient in appropriate
4 32 transportation procedures.
4 33 e. The person or entity complies, within one year of
4 34 publication, with any applicable standards for the
4 35 transportation of prisoners promulgated by the American
5 1 corrections association.
5 2 2. The department shall adopt rules pertaining to
5 3 contracts with private persons or entities providing
5 4 transportation of inmates of institutions under the control of
5 5 the department.
5 6
5 7
5 8
5 9 MARY E. KRAMER
5 10 President of the Senate
5 11
5 12
5 13
5 14 RON J. CORBETT
5 15 Speaker of the House
5 16
5 17 I hereby certify that this bill originated in the Senate and
5 18 is known as Senate File 2331, Seventy-seventh General Assembly.
5 19
5 20
5 21
5 22 MARY PAT GUNDERSON
5 23 Secretary of the Senate
5 24 Approved , 1998
5 25
5 26
5 27
5 28 TERRY E. BRANSTAD
5 29 Governor
Text: SF02330 Text: SF02332 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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