Text: HSB00227 Text: HSB00229 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.62, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. Notwithstanding the provisions of section 8.33 or any 1 4 other provision of law to the contrary, if on June 30 of a 1 5 fiscal year, a balance of an operational appropriation remains 1 6 unexpended or unencumbered, not more than fifty percent of the 1 7 balance may be encumbered by the agency to which the 1 8 appropriation was made and used as provided in this section 1 9 and the remaining balance shall be deposited in the cash 1 10 reserve fund created in section 8.56. Moneys encumbered under 1 11 this section shall only be used by the agency during the 1 12 succeeding fiscal year for employee trainingand for, 1 13 technology enhancement, or purchases of goods and services 1 14 from Iowa prison industries. Unused moneys encumbered under 1 15 this section shall be deposited in the cash reserve fund on 1 16 June 30 of the succeeding fiscal year. 1 17 Sec. 2. Section 80D.1, Code 1999, is amended to read as 1 18 follows: 1 19 80D.1 ESTABLISHMENT OF A FORCE OF RESERVE PEACE OFFICERS. 1 20 The governing body of a city, a county,orthe state of 1 21 Iowa, or the judicial district department of correctional 1 22 services may provide for the establishment of a force of 1 23 reserve peace officers, and may limit the size of the reserve 1 24 force. In the case of the state, the department of public 1 25 safety shall act as the governing body. 1 26 This chapter constitutes the only procedure for appointing 1 27 reserve peace officers. 1 28 Sec. 3. Section 80D.4, Code 1999, is amended to read as 1 29 follows: 1 30 80D.4 TRAINING. 1 31 Training for individuals appointed as reserve peace 1 32 officers shall be provided by that law enforcement agency, but 1 33 may be obtained in a community college or other facility 1 34 selected by the individual and approved by the law enforcement 1 35 agency. Upon satisfactory completion of training, the chief 2 1 of police, sheriff,orcommissioner of public safety, or 2 2 director of the judicial district department of correctional 2 3 services shall certify the individual as a reserve peace 2 4 officer. 2 5 Sec. 4. Section 80D.6, Code 1999, is amended to read as 2 6 follows: 2 7 80D.6 STATUS OF RESERVE PEACE OFFICERS. 2 8 Reserve peace officers shall serve as peace officers on the 2 9 orders and at the discretion of the chief of police, sheriff, 2 10orcommissioner of public safety or the commissioner's 2 11 designee, or director of the judicial district department of 2 12 correctional services or the director's designee, as the case 2 13 may be. 2 14 While in the actual performance of official duties, reserve 2 15 peace officers shall be vested with the same rights, 2 16 privileges, obligations, and duties as any other peace 2 17 officers. 2 18 Sec. 5. Section 80D.7, Code 1999, is amended to read as 2 19 follows: 2 20 80D.7 CARRYING WEAPONS. 2 21 A member of a reserve force shall not carry a weapon in the 2 22 line of duty until the member has been approved by the 2 23 governing body and certified by the Iowa law enforcement 2 24 academy council to carry weapons. After approval and 2 25 certification, a reserve peace officer may carry a weapon in 2 26 the line of duty only when authorized by the chief of police, 2 27 sheriff, or commissioner of public safety or the 2 28 commissioner's designee, or director of the judicial district 2 29 department of correctional services or the director's 2 30 designee, as the case may be. 2 31 Sec. 6. Section 80D.9, Code 1999, is amended to read as 2 32 follows: 2 33 80D.9 SUPERVISION OF RESERVE PEACE OFFICERS. 2 34 Reserve peace officers shall be subordinate to regular 2 35 peace officers, shall not serve as peace officers unless under 3 1 the direction of regular peace officers, and shall wear a 3 2 uniform prescribed by the chief of police, sheriff, or 3 3 commissioner of public safety, or director of the judicial 3 4 district department of correctional services unless that 3 5 superior officer designates alternate apparel for use when 3 6 engaged in assignments involving special investigation, civil 3 7 process, court duties, jail duties and the handling of mental 3 8 patients. The reserve peace officer shall not wear an 3 9 insignia of rank. Each department for which a reserve force 3 10 is established shall appoint a regular force peace officer as 3 11 the reserve force co-ordinating and supervising officer. That 3 12 regular peace officer shall report directly to the chief of 3 13 police, sheriff, or commissioner of public safety or the 3 14 commissioner's designee, or director of the judicial district 3 15 department of correctional services or the director's 3 16 designee, as the case may be. 3 17 Sec. 7. Section 80D.11, Code 1999, is amended to read as 3 18 follows: 3 19 80D.11 EMPLOYEE – PAY. 3 20 While performing official duties, each reserve peace 3 21 officer shall be considered an employee of the governing body 3 22 which the officer represents and shall be paid a minimum of 3 23 one dollar per year. The governing body of a city, a county, 3 24orthe state, or judicial district department of correctional 3 25 services may provide additional monetary assistance for the 3 26 purchase and maintenance of uniforms and equipment used by 3 27 reserve peace officers. 3 28 Sec. 8. Section 88.3, subsection 4, Code 1999, is amended 3 29 to read as follows: 3 30 4. "Employee" means an employee of an employer who is 3 31 employed in a business of the employer."Employee" also means3 32an inmate as defined in section 85.59, when the inmate works3 33in connection with the maintenance of the institution, in an3 34industry maintained in the institution, or while otherwise on3 35detail to perform services for pay."Employee" also means a 4 1 volunteer involved in responses to hazardous waste incidences. 4 2 The employer of a volunteer is that entity which provides or 4 3 which is required to provide workers' compensation coverage 4 4 for the volunteer. 4 5 Sec. 9. Section 719.4, subsections 1 and 2, Code 1999, are 4 6 amended to read as follows: 4 7 1. A person convicted of a felony, or charged with or 4 8 arrested for the commission of a felony, who intentionally 4 9 escapes, or attempts to escape, from a detention facility, 4 10 community-based correctional facility, or institution to which 4 11 the person has been committed by reason of the conviction, 4 12 charge, or arrest, or from the custody of any public officer 4 13 or employee to whom the person has been entrusted, commits a 4 14 class "D" felony. 4 15 2. A person convicted of, charged with, or arrested for a 4 16 misdemeanor, who intentionally escapes, or attempts to escape, 4 17 from a detention facility, community-based correctional 4 18 facility, or institution to which the person has been 4 19 committed by reason of the conviction, charge, or arrest, or 4 20 from the custody of any public officer or employee to whom the 4 21 person has been entrusted, commits a serious misdemeanor. 4 22 Sec. 10. Section 903A.5, Code 1999, is amended to read as 4 23 follows: 4 24 903A.5 TIME TO BE SERVED – CREDIT. 4 25 An inmate shall not be discharged from the custody of the 4 26 director of the Iowa department of corrections until the 4 27 inmate has served the full term for which the inmate was 4 28 sentenced, less good conduct time earned and not forfeited, 4 29 unless the inmate is pardoned or otherwise legally released. 4 30 Good conduct time earned and not forfeited shall apply to 4 31 reduce a mandatory minimum sentence being served pursuant to 4 32 section 124.406, 124.413, 902.7, 902.8, or 902.11. An inmate 4 33 shall be deemed to be serving the sentence from the day on 4 34 which the inmate is received into the institution.However,4 35ifIf an inmate was confined to a county jail or other 5 1 correctional or mental facility at any time prior to 5 2 sentencing, or after sentencing but prior to the case having 5 3 been decided on appeal, because of failure to furnish bail or 5 4 because of being charged with a nonbailable offense, the 5 5 inmate shall be given credit for the days already served upon 5 6 the term of the sentence. However, if a person commits any 5 7 offense while confined in a county jail or other correctional 5 8 or mental health facility, the person shall not be granted 5 9 jail credit for that offense. The sheriff of the county in 5 10 which the inmate was confined shall certify to theclerk of5 11the district court from which the inmate was sentenced5 12 department of corrections' records administrator at the Iowa 5 13 medical and classification center the number of days so 5 14 served. Theclerk of the district courtdepartment of 5 15 corrections' records administrator shall forward a copy of the 5 16 certification of the number of days served to the warden and 5 17 the clerk of the district court from which the inmate was 5 18 sentenced. 5 19 An inmate shall not receive credit upon the inmate's 5 20 sentence for time spent in custody in another state resisting 5 21 return to Iowa following an escape, or for time served in an 5 22 institution or jail of another jurisdiction during any period 5 23 of time the person is receiving credit upon a sentence of that 5 24 other jurisdiction. 5 25 Sec. 11. Section 904.703, Code 1999, is amended to read as 5 26 follows: 5 27 904.703 SERVICES OF INMATES – INSTITUTIONS AND PUBLIC 5 28 SERVICE. 5 29 Inmates shall work on state account in the maintenance of 5 30 state institutions, in the erection, repair, authorized 5 31 demolition, or operation of buildings and works used in 5 32 connection with the institutions, and in industries 5 33 established and maintained in connection with the institutions 5 34 by the director. The director shall encourage the making of 5 35 agreements, including chapter 28E agreements, with departments 6 1 and agencies of the state or its political subdivisions to 6 2 provide products or services under an inmate work program to 6 3 the departments and agencies. The director may implement an 6 4 inmate work program for trustworthy inmates of state 6 5 correctional institutions, under proper supervision, whether 6 6 at work centers located outside the state correctional 6 7 institutions or in construction or maintenance work at public 6 8 or charitable facilities and for other agencies of state, 6 9 county, or local government. The supervision, security, and 6 10 transportation of, and allowances paid to inmates used in 6 11 public service projects shall be provided pursuant to 6 12 agreements, including chapter 28E agreements, made by the 6 13 director and the agency for which the work is done. Housing 6 14 and maintenance shall also be provided pursuant to the 6 15 agreement, including a chapter 28E agreement, unless the 6 16 inmate is housed and maintained in the correctional facility. 6 17 All such work, including but not limited to that provided in 6 18 this section, shall have as its primary purpose the 6 19 development of attitudes, skills, and habit patterns which are 6 20 conducive to inmate rehabilitation. The director may adopt 6 21 rules allowing inmates participating in an inmate work program 6 22 to receive educational or vocational training outside the 6 23 state correctional institutions and away from the work centers 6 24 or public or charitable facilities used under a program. 6 25 However, an inmate shall not work in a public service 6 26 project if the work of that inmate would replace a person 6 27 employed by the state agency or political subdivision, which 6 28 employee is performing the work of the public service project 6 29 at the time the inmate is being considered for work in the 6 30 project. 6 31The director may enter into a chapter 28E agreement with a6 32county board of supervisors or county conservation board to6 33provide inmate services for environmental maintenance6 34including but not limited to brush and weed cutting, tree6 35planting, and erosion control.7 1 Sec. 12. Section 904.706, unnumbered paragraph 1, Code 7 2 1999, is amended to read as follows: 7 3 A revolving farm fund is created in the state treasury in 7 4 which the department shall deposit receipts from agricultural 7 5 products, nursery stock, agricultural land rentals, and the 7 6 sale of livestock. However, before any agricultural operation 7 7 is phased out, the department which proposes to discontinue 7 8 this operation shall notify the governor, chairpersons and 7 9 ranking members of the house and senate appropriations 7 10 committees, and cochairpersons and ranking members of the 7 11 subcommittee in the senate and house of representatives which 7 12 has handled the appropriation for this department in the past 7 13 session of the general assembly. Before the department sells 7 14 farmland under the control of the department, the director 7 15 shall notify the governor, chairpersons and ranking members of 7 16 the house and senate appropriations committees, and 7 17 cochairpersons and ranking members of the joint appropriations 7 18 subcommittee that handled the appropriation for the department 7 19 during the past session of the general assembly. The 7 20 department may pay from the fund for the operation, 7 21 maintenance, and improvement of farms and agricultural or 7 22 nursery property under the control of the department. A 7 23 purchase order for five thousand dollars or less payable from 7 24 the fund is exempt from the general purchasing requirements of 7 25 chapter 18. Notwithstanding section 8.33, unencumbered or 7 26 unobligated receipts in the revolving farm fund at the end of 7 27 a fiscal year shall not revert to the general fund of the 7 28 state. Notwithstanding section 12C.7, interest or earnings on 7 29 moneys in the fund shall be credited to the fund. 7 30 Sec. 13. Section 904.809, subsection 5, Code 1999, is 7 31 amended to read as follows: 7 32 5. An inmate of a correctional institution employed 7 33 pursuant to this section shall surrender to the department of 7 34 corrections the inmate's total earnings less deductions for 7 35 federal, state, and local taxes, and any other payroll 8 1 deductions required by law. The department of corrections 8 2 shall deduct twenty percent of the balance to be credited to 8 3 the inmate's general account. The department shall then 8 4 deduct from the earnings remaining as follows: 8 5 a. The department shall first deduct the following amounts 8 6 in the following order of priority: 8 7 (1) Five percent of the balance to the victim compensation 8 8 fund created in section 915.94. 8 9 (2) An amount the inmate may be legally obligated to pay 8 10 for the support of the inmate's dependents, the amount of 8 11 which shall be paid to the dependents through the department 8 12 of human services collection services center. 8 13(2)(3) Restitution as ordered by the court pursuant to 8 14 chapter 910. 8 15(3) Five percent of the balance to the victim compensation8 16fund created in section 915.94.8 17(4) An amount the inmate is legally obligated to pay for8 18any other financial obligation.8 19(5)(4)An amount determined to beAny balance remaining 8 20 shall be deposited in a special account for reimbursement to 8 21 the department of corrections for the cost to the department 8 22 of correctionsforin providing for the incarceration of the 8 23 inmate. 8 24 b. Of thebalance remaining after deductions and payments8 25required pursuant to paragraph "a", the department shall8 26deposit in the Iowa state industries revolving fund created in8 27section 904.813, an amount equal to the costs incurred by the8 28fund related to the inmate's employment pursuant to this8 29section. Any balance remaining after the deductions and8 30payments required by this subsection shall beamount credited 8 31 to the inmate's general account, the department shall deduct 8 32 an amount representing any other legal or administrative 8 33 financial obligations. 8 34 Sec. 14. Section 907.3, subsection 3, unnumbered paragraph 8 35 1, Code 1999, is amended to read as follows: 9 1 By record entry at the time of or after sentencing, the 9 2 court may suspend the sentence and place the defendant on 9 3 probation upon such terms and conditions as it may require 9 4 including commitment to an alternate jail facility or a 9 5 community correctional residential treatment facilityfor a9 6specific number of daysto be followed by a term of probation 9 7 as specified in section 907.7, or commitment of the defendant 9 8 to the judicial district department of correctional services 9 9 for supervision or services under section 901B.1 at the level 9 10 of sanctions which the district department determines to be 9 11 appropriate and the payment of fees imposed under section 9 12 905.14. A person so committed who has probation revoked shall 9 13 be given credit for such time served. However, the court 9 14 shall not suspend any of the following sentences: 9 15 EXPLANATION 9 16 This bill makes several changes related to the department 9 17 of corrections. 9 18 Code section 8.62 is amended to permit agencies to purchase 9 19 goods and services from Iowa prison industries from moneys 9 20 appropriated to the agencies for operational expenses that 9 21 would otherwise revert to the general fund at the end of the 9 22 fiscal year. Currently, agencies can use up to 50 percent of 9 23 this nonreversion money for only employee training or 9 24 technology. 9 25 Code chapter 80D is amended to permit a judicial district 9 26 department of correctional services to provide for the 9 27 establishment of a force of reserve peace officers. The 9 28 applicable director of the judicial district department of 9 29 correctional services is given supervisory authority over 9 30 these reserve officers. 9 31 Code section 88.3 is amended to exclude inmates from the 9 32 definition of an employee covered by Code chapter 88, relating 9 33 to occupational safety and health. 9 34 Code section 719.4 is amended to provide that a person 9 35 convicted of a felony or misdemeanor who intentionally 10 1 attempts to escape from a detention facility, correctional 10 2 facility, or institution commits a class "D" felony, or a 10 3 serious misdemeanor, respectively. Currently, these 10 4 particular criminal penalties only apply to a person who 10 5 intentionally escapes. 10 6 Code section 903A.5, concerning the crediting of time 10 7 served by inmates, is amended. The bill provides that the 10 8 sheriff of the county in which an inmate is confined shall 10 9 certify the number of days served by the inmate to the records 10 10 administrator at the Iowa medical and classification center 10 11 and not to the applicable clerk of the district court. The 10 12 records administrator shall then forward a copy of the 10 13 certification of the number of days to the warden of the 10 14 inmate and to the applicable clerk of the district court. The 10 15 bill also provides that an inmate who has committed an offense 10 16 while confined shall not receive jail credit for that offense. 10 17 Code section 904.703 is amended to specifically provide 10 18 that agreements by the department of corrections with the 10 19 state or its political subdivisions for the purpose of 10 20 providing services through an inmate work program can be made 10 21 through a chapter 28E agreement. Specific authority to enter 10 22 into a chapter 28E agreement with a county board of 10 23 supervisors or conservation board to provide inmate services 10 24 for environmental maintenance, such as weed control, is 10 25 eliminated. 10 26 Code section 904.706 is amended to provide that interest 10 27 earned from moneys in the revolving farm fund shall be 10 28 credited to the fund and shall not revert at the end of the 10 29 fiscal year. 10 30 Code section 904.809, subsection 5, governing deductions 10 31 from moneys earned by inmates who work for a private sector 10 32 employer, is amended. The bill provides that, of the inmate's 10 33 gross earnings, after deducting taxes and depositing 20 10 34 percent of the remainder in the inmate's general account, 5 10 35 percent shall be credited to the victim's compensation fund. 11 1 The bill then provides that of the balance remaining, an 11 2 amount shall be deducted for the inmate's legally determined 11 3 obligation, if any, to support the inmate's dependents, and an 11 4 amount for restitution, with the remainder going to the 11 5 department of corrections to defray the costs of incarcerating 11 6 the inmate. The bill further requires that of the amount to 11 7 be deposited in the inmate's general account, deductions shall 11 8 be made for any other legal or administrative financial 11 9 obligations of the inmate. 11 10 Code section 907.3 is amended to eliminate reference to a 11 11 sentence of a specific number of days for probation. 11 12 LSB 1322DP 78 11 13 ec/gg/8.2
Text: HSB00227 Text: HSB00229 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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