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