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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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