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House File 2313

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.427, subsection 1, unnumbered
  1  2 paragraph 1, Code 1999, is amended to read as follows:
  1  3    Except as otherwise provided by state law, county revenues
  1  4 from taxes and other sources for general county services shall
  1  5 be credited to the general fund of the county, including
  1  6 revenues received under sections 101A.3, 101A.7, 123.36,
  1  7 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7, section
  1  8 331.554, subsection 6, sections 341A.20, 364.3, 368.21,
  1  9 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57, 453A.35,
  1 10 458A.21, 483A.12, 533.24, 556B.1, 567.10, 583.6, 602.8108, and
  1 11 904.908, and 906.17, and chapter 405A, and the following:
  1 12    Sec. 2.  NEW SECTION.  904.208  TEMPORARY CONFINEMENT BY
  1 13 COUNTIES – REIMBURSEMENT.
  1 14    1.  Upon request by the department or by court order, a
  1 15 county shall provide temporary confinement of offenders, if
  1 16 space is available, according to the department's established
  1 17 capacity for each jail.
  1 18    2.  The following persons may be temporarily confined in
  1 19 the county:
  1 20    a.  Convicted persons awaiting judgment of conviction and
  1 21 sentencing under chapter 901 and who subsequently are
  1 22 committed to the custody of the director of the department of
  1 23 corrections.
  1 24    b.  Convicted persons seeking postconviction relief under
  1 25 chapter 822 and who have been committed to the custody of the
  1 26 director of the department of corrections.
  1 27    c.  Convicted persons who have been committed to the
  1 28 custody of the director of the department of corrections and
  1 29 who are seeking reconsideration of a sentence under section
  1 30 902.4 or 903.2.
  1 31    d.  Convicted persons who have been committed to the
  1 32 custody of the director of the department of corrections and
  1 33 who are seeking a reopening of sentence under section 901.5A.
  1 34    e.  Alleged probation and parole violators under chapter
  1 35 908.
  2  1    3.  The department shall reimburse a county for the
  2  2 temporary confinement of offenders under this section.  The
  2  3 amount to be reimbursed shall be determined by multiplying the
  2  4 number of days confined by the average daily cost of confining
  2  5 a person in the county facility as negotiated by the
  2  6 department.  Payment shall be made upon submission of a
  2  7 voucher executed by the sheriff and approved by the director
  2  8 of the department.  If an executed voucher has not been paid
  2  9 within sixty days of being submitted and the department does
  2 10 not dispute the amount of the voucher, the county may not
  2 11 confine additional offenders under this section until the
  2 12 voucher is paid by the department.
  2 13    Sec. 3.  Section 906.17, Code 1999, is repealed.  
  2 14                           EXPLANATION
  2 15    This bill relates to the temporary confinement of convicted
  2 16 state offenders in county jails.
  2 17    The bill provides that an offender who is alleged to have
  2 18 violated conditions of probation or parole, offenders awaiting
  2 19 sentencing and who are subsequently sentenced to the custody
  2 20 of the director of the department of corrections, and
  2 21 offenders seeking postconviction release, reopening of a
  2 22 sentence, or reconsideration of a sentence may be confined in
  2 23 county jails, if the jail meets the department's established
  2 24 capacity for the jail.  The bill provides that the department
  2 25 of corrections shall reimburse the county for the temporary
  2 26 confinement of an offender at a rate to be negotiated by the
  2 27 department.  The department shall reimburse the county within
  2 28 60 days of a request for payment being submitted or the county
  2 29 may choose not to confine additional offenders who are subject
  2 30 to new Code section 904.208.  
  2 31 LSB 5999YH 78
  2 32 jm/cf/24
     

Text: HF02312                           Text: HF02314
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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