Text: H08805                            Text: H08807
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8806

Amendment Text

PAG LIN
  1  1    Amend House File 2519, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 80D.1, Code 1999, is amended
  1  6 to read as follows:
  1  7    80D.1  ESTABLISHMENT OF A FORCE OF RESERVE PEACE
  1  8 OFFICERS.
  1  9    The governing body of a city, a county, or the
  1 10 state of Iowa, or a judicial district department of
  1 11 correctional services may provide, either separately
  1 12 or collectively through a chapter 28E agreement, for
  1 13 the establishment of a force of reserve peace
  1 14 officers, and may limit the size of the reserve force.
  1 15 In the case of the state, the department of public
  1 16 safety shall act as the governing body.
  1 17    This chapter constitutes the only procedure for
  1 18 appointing reserve peace officers.
  1 19    Sec. 2.  Section 80D.6, Code 1999, is amended to
  1 20 read as follows:
  1 21    80D.6  STATUS OF RESERVE PEACE OFFICERS.
  1 22    Reserve peace officers shall serve as peace
  1 23 officers on the orders and at the discretion of the
  1 24 chief of police, sheriff, or commissioner of public
  1 25 safety or the commissioner's designee, or director of
  1 26 the judicial district department of correctional
  1 27 services or the director's designee, as the case may
  1 28 be.
  1 29    While in the actual performance of official duties,
  1 30 reserve peace officers shall be vested with the same
  1 31 rights, privileges, obligations, and duties as any
  1 32 other peace officers.
  1 33    Sec. 3.  Section 80D.7, Code 1999, is amended to
  1 34 read as follows:
  1 35    80D.7  CARRYING WEAPONS.
  1 36    A member of a reserve force shall not carry a
  1 37 weapon in the line of duty until the member has been
  1 38 approved by the governing body and certified by the
  1 39 Iowa law enforcement academy council to carry weapons.
  1 40 After approval and certification, a reserve peace
  1 41 officer may carry a weapon in the line of duty only
  1 42 when authorized by the chief of police, sheriff, or
  1 43 commissioner of public safety or the commissioner's
  1 44 designee, or director of the judicial district
  1 45 department of correctional services or the director's
  1 46 designee, as the case may be.
  1 47    Sec. 4.  Section 80D.9, Code 1999, is amended to
  1 48 read as follows:
  1 49    80D.9  SUPERVISION OF RESERVE PEACE OFFICERS.
  1 50    Reserve peace officers shall be subordinate to
  2  1 regular peace officers, shall not serve as peace
  2  2 officers unless under the direction of regular peace
  2  3 officers, and shall wear a uniform prescribed by the
  2  4 chief of police, sheriff, or commissioner of public
  2  5 safety, or director of the judicial district
  2  6 department of correctional services unless that
  2  7 superior officer designates alternate apparel for use
  2  8 when engaged in assignments involving special
  2  9 investigation, civil process, court duties, jail
  2 10 duties and the handling of mental patients.  The
  2 11 reserve peace officer shall not wear an insignia of
  2 12 rank.  Each department for which a reserve force is
  2 13 established shall appoint a regular force peace
  2 14 officer as the reserve force co-ordinating and
  2 15 supervising officer.  That regular peace officer shall
  2 16 report directly to the chief of police, sheriff, or
  2 17 commissioner of public safety or the commissioner's
  2 18 designee, or director of the judicial district
  2 19 department of correctional services or the director's
  2 20 designee, as the case may be.
  2 21    Sec. 5.  Section 80D.11, Code 1999, is amended to
  2 22 read as follows:
  2 23    80D.11  EMPLOYEE – PAY.
  2 24    While performing official duties, each reserve
  2 25 peace officer shall be considered an employee of the
  2 26 governing body which the officer represents and shall
  2 27 be paid a minimum of one dollar per year.  The
  2 28 governing body of a city, a county, or the state, or a
  2 29 judicial district department of correctional services
  2 30 may provide additional monetary assistance for the
  2 31 purchase and maintenance of uniforms and equipment
  2 32 used by reserve peace officers.
  2 33    Sec. 6.  Section 222.60, unnumbered paragraph 1,
  2 34 Code 1999, is amended to read as follows:
  2 35    All necessary and legal expenses for the cost of
  2 36 admission or commitment, including expenses incurred
  2 37 pursuant to section 812.5, or for the treatment,
  2 38 training, instruction, care, habilitation, support and
  2 39 transportation of persons with mental retardation, as
  2 40 provided for in the county management plan provisions
  2 41 implemented pursuant to section 331.439, subsection 1,
  2 42 in a state hospital-school, or in a special unit, or
  2 43 any public or private facility within or without the
  2 44 state, approved by the director of the department of
  2 45 human services, shall be paid by either:
  2 46    Sec. 7.  Section 226.30, Code 1999, is amended to
  2 47 read as follows:
  2 48    226.30  TRANSFER OF DANGEROUS PATIENTS.
  2 49    When a patient of any hospital for persons with
  2 50 mental illness becomes incorrigible, and unmanageable
  3  1 to such an extent that the patient is dangerous to the
  3  2 safety of others in the hospital, the administrator,
  3  3 following review and approval of the director of the
  3  4 department of corrections, may apply in writing to the
  3  5 district court or to any judge thereof, of the county
  3  6 in which the hospital is situated, for an order to
  3  7 transfer the patient to the Iowa medical and
  3  8 classification center and if the order is granted the
  3  9 patient shall be so transferred.  The county attorney
  3 10 of the county shall appear in support of the
  3 11 application on behalf of the administrator.
  3 12    Sec. 8.  Section 230.1, subsection 1, unnumbered
  3 13 paragraph 1, Code Supplement 1999, is amended to read
  3 14 as follows:
  3 15    The necessary and legal costs and expenses
  3 16 attending the taking into custody, care,
  3 17 investigation, admission, commitment, including civil
  3 18 commitment pursuant to section 812.5, and support of a
  3 19 person with mental illness admitted or committed to a
  3 20 state hospital shall be paid by a county or by the
  3 21 state as follows:
  3 22    Sec. 9.  Section 704.8, Code 1999, is amended to
  3 23 read as follows:
  3 24    704.8  ESCAPE FROM PLACE OF CONFINEMENT.
  3 25    A correctional officer or peace officer is
  3 26 justified in using reasonable force, including deadly
  3 27 force, which is necessary to prevent the escape of any
  3 28 person from any jail, penal institution, correctional
  3 29 facility, or similar place of confinement, or place of
  3 30 trial or other judicial proceeding, or to prevent the
  3 31 escape from custody of any person who is being
  3 32 transported from any such place of confinement, trial
  3 33 or judicial proceeding to any other such place, except
  3 34 that deadly force may not be used to prevent the
  3 35 escape of one who the correctional officer or peace
  3 36 officer knows or should know is confined on a charge
  3 37 or conviction of any class of misdemeanor.
  3 38    Sec. 10.  Section 904.202, Code 1999, is amended to
  3 39 read as follows:
  3 40    904.202  INTAKE AND CLASSIFICATION CENTER.
  3 41    The director may provide facilities and personnel
  3 42 for a diagnostic intake and classification center.
  3 43 The work of the center shall include a scientific
  3 44 study of each inmate, the inmate's career and life
  3 45 history, the causes of the inmate's criminal acts and
  3 46 recommendations for the inmate's custody, care,
  3 47 training, employment, and counseling with a view to
  3 48 rehabilitation and to the protection of society.  To
  3 49 facilitate the work of the center and to aid in the
  3 50 rehabilitation of the inmates, the trial judge,
  4  1 prosecuting attorney, and presentence investigators
  4  2 shall furnish the director upon request with any
  4  3 previously authorized presentence investigation report
  4  4 and a full statement of facts and circumstances
  4  5 attending the commission of the offense so far as
  4  6 known or believed by them.  If the department develops
  4  7 and utilizes an inmate classification system, it must,
  4  8 within a reasonable time, present evidence from
  4  9 independent experts as to the effectiveness and
  4 10 validity of the classification system.
  4 11    Sec. 11.  Section 904.405, Code 1999, is amended to
  4 12 read as follows:
  4 13    904.405  TRANSCRIPT OF TESTIMONY.
  4 14    The director shall cause the testimony taken at the
  4 15 investigation to be transcribed and recorded.  The
  4 16 recording of the testimony shall not be transcribed
  4 17 unless the testimony is part of a case that is
  4 18 appealed or an interested party requests a transcript.
  4 19 The recording of the testimony, or the transcription
  4 20 thereof, shall be filed and maintained in the
  4 21 director's office at the seat of government within ten
  4 22 days after the testimony is taken, or as soon as
  4 23 practicable, and when filed the testimony shall be
  4 24 open for the inspection of any person for at least
  4 25 five years from the date the testimony is taken or the
  4 26 date of a final decision in a case involving the
  4 27 testimony, whichever is later.
  4 28    Sec. 12.  Section 904.508, subsections 1 and 2,
  4 29 Code 1999, are amended to read as follows:
  4 30    1.  The superintendent of each institution shall
  4 31 receive and care for any property an inmate may
  4 32 possess on the inmate's person upon entering the
  4 33 institution, and on the discharge of the inmate,
  4 34 return the property to the inmate or the inmate's
  4 35 legal representatives, unless the property has been
  4 36 previously disposed of according to the inmate's
  4 37 written designation or policies prescribed by the
  4 38 board.  The superintendent may place an inmate's money
  4 39 at interest, keeping an account of the money and
  4 40 returning the remaining money upon discharge.
  4 41    2.  The director shall establish and maintain an
  4 42 inmate savings fund in an interest-bearing account for
  4 43 the deposit of all or part of an inmate's allowances,
  4 44 as provided in section 904.702.  All or part of an
  4 45 inmate's allowances shall be deposited into the
  4 46 savings fund, until the inmate's deposit is equal to
  4 47 the amount due the inmate upon discharge, parole, or
  4 48 placement on work release, as provided in section
  4 49 906.9.  If an inmate's deposits equal this amount, the
  4 50 inmate may voluntarily withdraw from the savings fund.
  5  1 The director shall notify the inmate of this right to
  5  2 withdraw and shall provide the inmate with a written
  5  3 request form to facilitate the withdrawal.  If the
  5  4 inmate withdraws and the inmate's deposits exceed the
  5  5 amount due as provided in section 906.9, the director
  5  6 shall disburse the excess amount as provided for
  5  7 allowances under section 904.702, except the director
  5  8 shall not deposit the excess amount in the inmate
  5  9 savings fund.  If the inmate chooses to continue to
  5 10 participate in the savings fund, the inmate's deposits
  5 11 shall be returned to the inmate upon discharge,
  5 12 parole, or placement on work release.  Otherwise, the
  5 13 inmate's deposits shall be disposed of as provided in
  5 14 subsection 3.  An inmate's deposits into the savings
  5 15 fund may be used to provide the money due the inmate
  5 16 upon discharge, parole, or placement on work release,
  5 17 as required under section 906.9.  Interest earned from
  5 18 the savings fund shall be placed in a separate
  5 19 account, and may be used for purchases approved by the
  5 20 director to directly and collectively benefit inmates.
  5 21    Sec. 13.  Section 904.602, subsection 1, Code 1999,
  5 22 is amended by adding the following new paragraph:
  5 23    NEW PARAGRAPH.  m.  Family and personal history if
  5 24 the individual is dead or has not received services
  5 25 from the department or the judicial district
  5 26 departments of correctional services for at least ten
  5 27 years prior to a request for the information.
  5 28    Sec. 14.  Section 904.602, subsection 2, paragraph
  5 29 h, Code 1999, is amended to read as follows:
  5 30    h.  Family and personal history if the individual
  5 31 is alive and has received services from the department
  5 32 or the judicial district departments of correctional
  5 33 services within the ten years preceding a request for
  5 34 the information.
  5 35    Sec. 15.  Section 904.809, subsection 2, paragraph
  5 36 b, Code Supplement 1999, is amended by adding the
  5 37 following new subparagraph:
  5 38    NEW SUBPARAGRAPH.  (3)  The lease agreement shall
  5 39 establish a cost for the lease which shall take into
  5 40 consideration compensation for the amount of building
  5 41 space utilized compared to the cost of similar space
  5 42 leased outside the institution in the local community,
  5 43 maintenance costs, and modifications made to a
  5 44 correctional facility to accommodate the lessee such
  5 45 as payment of utilities and depreciation costs, and a
  5 46 pro rata cost of correctional officer supervision of
  5 47 inmates.
  5 48    Sec. 16.  Section 904.809, subsection 2, Code
  5 49 Supplement 1999, is amended by adding the following
  5 50 new paragraph:
  6  1    NEW PARAGRAPH.  c.  Effective July 1, 2001, a
  6  2 portion of moneys received pursuant to a lease
  6  3 negotiated pursuant to the requirements of this
  6  4 section shall be deposited in the general fund of the
  6  5 state and that portion of the moneys received
  6  6 representing the cost of building maintenance,
  6  7 modification, and utilities as it relates to the lease
  6  8 are deemed repayment receipts as defined in section
  6  9 8.2.
  6 10    Sec. 17.  Section 904A.1, Code 1999, is amended to
  6 11 read as follows:
  6 12    904A.1  BOARD OF PAROLE.
  6 13    The board of parole is created to consist of five
  6 14 members.  Each member, except the chairperson and the
  6 15 vice chairperson, shall be compensated on a day-to-day
  6 16 basis.  Each member shall serve a term of four years
  6 17 beginning and ending as provided by section 69.19,
  6 18 except for members appointed to fill vacancies who
  6 19 shall serve for the balance of the unexpired term.
  6 20 The terms shall be staggered.  The chairperson and
  6 21 vice chairperson of the board shall be a full-time,
  6 22 salaried member members of the board.  A majority of
  6 23 the members of the board constitutes a quorum to
  6 24 transact business.
  6 25    Sec. 18.  NEW SECTION.  904A.4C  VICE CHAIRPERSON
  6 26 OF THE BOARD OF PAROLE.
  6 27    The vice chairperson of the board of parole shall
  6 28 be appointed from the membership of the board of
  6 29 parole by the governor.  The vice chairperson shall
  6 30 serve at the pleasure of the governor and shall have
  6 31 such responsibilities and duties as are determined by
  6 32 the chairperson.  The vice chairperson shall act as
  6 33 the chairperson in the absence or disability of the
  6 34 chairperson or in the event of a vacancy in that
  6 35 office, until such time as a new chairperson is
  6 36 appointed by the governor.
  6 37    Sec. 19.  Section 904A.6, Code 1999, is amended to
  6 38 read as follows:
  6 39    904A.6  SALARIES AND EXPENSES.
  6 40    Each member, except the chairperson and the vice
  6 41 chairperson, of the board shall be paid per diem as
  6 42 determined by the general assembly.  The chairperson
  6 43 and vice chairperson of the board shall be paid a
  6 44 salary as determined by the general assembly.  Each
  6 45 member of the board and all employees are entitled to
  6 46 receive, in addition to their per diem or salary,
  6 47 their necessary maintenance and travel expenses while
  6 48 engaged in official business.
  6 49    Sec. 20.  1998 Iowa Acts, chapter 1197, section 13,
  6 50 is amended to read as follows:
  7  1    SEC. 13.  EFFECTIVE DATES – REPEALS.
  7  2    1.  This division and Division I of this Act, being
  7  3 deemed of immediate importance, take effect upon
  7  4 enactment.
  7  5    2.  Division I of this Act is repealed June 30,
  7  6 2000 2002.
  7  7    3.  Division II of this Act takes effect July 1,
  7  8 2000 2002.
  7  9    Sec. 21.  PERSONS WITH MENTAL RETARDATION –
  7 10 LIABILITY OF COUNTY AND STATE.
  7 11    1.  Notwithstanding any provision of section 222.60
  7 12 to the contrary, all necessary and legal expenses for
  7 13 the cost of admission or commitment, including
  7 14 expenses incurred pursuant to section 812.5, or for
  7 15 the treatment, training, instruction, care,
  7 16 habilitation, support, and transportation of an
  7 17 eligible person with mental retardation shall be paid
  7 18 by the county in which such person has a legal
  7 19 settlement as defined in section 252.16, or, if such
  7 20 person has no legal settlement or when such settlement
  7 21 is unknown, by the state.  The provisions of section
  7 22 222.60 not inconsistent with this section shall apply
  7 23 to this section.
  7 24    2.  For purposes of this section, an "eligible
  7 25 person with mental retardation" means a person with
  7 26 mental retardation who has been charged with a
  7 27 criminal offense and who is transferred or referred to
  7 28 a state hospital-school or state hospital for any of
  7 29 the following reasons:
  7 30    a.  A diagnosis or recommendation as part of the
  7 31 pretrial or presentence procedure.
  7 32    b.  A determination of mental competency or,
  7 33 pursuant to Iowa rule of criminal procedure 21, a
  7 34 placement of a defendant.
  7 35    c.  A determination of competency to stand trial, a
  7 36 determination of a defendant's dangerousness, or a
  7 37 commitment as mentally incompetent to stand trial
  7 38 pursuant to section 812.4.
  7 39    d.  A diagnosis, evaluation, or treatment for a
  7 40 prisoner transferred from a county or city jail.
  7 41    3.  The single entry point process established by a
  7 42 county under section 331.440 shall not apply to this
  7 43 section and a court is not required to seek
  7 44 authorization through the single entry point process
  7 45 prior to transferring or referring an eligible person
  7 46 with mental retardation to a state hospital-school or
  7 47 state hospital for any reason described in subsection
  7 48 2, paragraphs "a" through "d".
  7 49    4.  This section is repealed June 30, 2001.
  7 50    Sec. 22.  PERSONS WITH MENTAL ILLNESS – LIABILITY
  8  1 OF COUNTY AND STATE.
  8  2    1.  Notwithstanding any provision of section 230.1
  8  3 to the contrary, the necessary and legal costs and
  8  4 expenses attending the taking into custody, care,
  8  5 investigation, admission, commitment, including civil
  8  6 commitment pursuant to section 812.5, and support of
  8  7 an eligible person with mental illness shall be paid
  8  8 by a county in which such person has a legal
  8  9 settlement; or, if such person has no legal settlement
  8 10 in this state or the person's legal settlement is
  8 11 unknown, by the state.  The provisions of section
  8 12 230.1 not inconsistent with this section shall apply
  8 13 to this section.
  8 14    2.  For purposes of this section, an "eligible
  8 15 person with mental illness" means a person with mental
  8 16 illness who has been charged with a criminal offense
  8 17 and who is transferred or referred to a state hospital
  8 18 for any of the following reasons:
  8 19    a.  A psychosocial diagnosis or recommendation as
  8 20 part of the pretrial or presentence procedure.
  8 21    b.  A determination of mental competency or,
  8 22 pursuant to Iowa rule of criminal procedure 21, a
  8 23 placement of a defendant.
  8 24    c.  A determination of competency to stand trial, a
  8 25 determination of a defendant's dangerousness, or a
  8 26 commitment as mentally incompetent to stand trial
  8 27 pursuant to section 812.4.
  8 28    d.  A diagnosis, evaluation, or treatment for
  8 29 mental illness for a prisoner transferred from a
  8 30 county or city jail.
  8 31    3.  The single entry point process established by a
  8 32 county under section 331.440 shall not apply to this
  8 33 section and a court is not required to seek
  8 34 authorization through the single entry point process
  8 35 prior to transferring or referring an eligible person
  8 36 with mental illness to a state hospital for any reason
  8 37 described in subsection 2, paragraphs "a" through "d".
  8 38    4.  This section is repealed June 30, 2001.
  8 39    Sec. 23.  LEGISLATIVE STUDY – LIABILITY OF STATE
  8 40 OR COUNTY – PERSONS WITH MENTAL ILLNESS OR MENTAL
  8 41 RETARDATION.  The legislative council of the Iowa
  8 42 general assembly is requested to establish a
  8 43 legislative interim study committee during the 2000
  8 44 interim to review issues concerning whether the county
  8 45 or state should be liable for the payment of costs and
  8 46 expenses associated with the transferring and
  8 47 referring of a person to a state hospital or state
  8 48 hospital-school for mental illness or mental
  8 49 retardation who has been charged with a criminal
  8 50 offense.  The committee shall consider proposals,
  9  1 including the mechanism established in sections 22 and
  9  2 23 of this Act, for determining when the county or the
  9  3 state should be liable and, if applicable, for
  9  4 determining which county should be liable.  The
  9  5 legislative interim study committee should issue a
  9  6 report to the general assembly by January 1, 2001,
  9  7 concerning its findings and recommendations.
  9  8    Sec. 24.  EFFECTIVE DATE.  Section 20 of this Act,
  9  9 being deemed of immediate importance, takes effect
  9 10 upon enactment."
  9 11    #2.  Title page, by striking lines 1 through 5 and
  9 12 inserting the following:  "An Act relating to the
  9 13 department of corrections and concerning the
  9 14 establishment of reserve peace officers, the transfer
  9 15 of patients to the Iowa medical and classification
  9 16 center, the transcription and recording of testimony
  9 17 in certain departmental investigations, inmate
  9 18 accounts and work programs, the receipt and release of
  9 19 certain records by the department, the use of force by
  9 20 correctional or peace officers, the establishment of a
  9 21 vice chairperson for the board of parole, the delayed
  9 22 repeal of the sixth judicial district pilot project
  9 23 concerning probation revocation hearings, requesting
  9 24 an interim study, and providing an effective date."
  9 25    #3.  By renumbering as necessary.  
  9 26 HF 2519S
  9 27 ec/cc/26
     

Text: H08805                            Text: H08807
Text: H08800 - H08899                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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