Text: HSB00709 Text: HSB00711 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80D.1, Code 1999, is amended to read as 1 2 follows: 1 3 80D.1 ESTABLISHMENT OF A FORCE OF RESERVE PEACE OFFICERS. 1 4 The governing body of a city, a county,orthe state of 1 5 Iowa, or a judicial district department of correctional 1 6 services may provide, either separately or collectively 1 7 through a chapter 28E agreement, for the establishment of a 1 8 force of reserve peace officers, and may limit the size of the 1 9 reserve force. In the case of the state, the department of 1 10 public safety shall act as the governing body. 1 11 This chapter constitutes the only procedure for appointing 1 12 reserve peace officers. 1 13 Sec. 2. Section 80D.4, Code 1999, is amended to read as 1 14 follows: 1 15 80D.4 TRAINING. 1 16 Training for individuals appointed as reserve peace 1 17 officers shall be provided by that law enforcement agency, but 1 18 may be obtained in a community college or other facility 1 19 selected by the individual and approved by the law enforcement 1 20 agency. Upon satisfactory completion of training, the chief 1 21 of police, sheriff,orcommissioner of public safety, or 1 22 director of the judicial district department of correctional 1 23 services shall certify the individual as a reserve peace 1 24 officer. 1 25 Sec. 3. Section 80D.6, Code 1999, is amended to read as 1 26 follows: 1 27 80D.6 STATUS OF RESERVE PEACE OFFICERS. 1 28 Reserve peace officers shall serve as peace officers on the 1 29 orders and at the discretion of the chief of police, sheriff, 1 30orcommissioner of public safety or the commissioner's 1 31 designee, or director of the judicial district department of 1 32 correctional services or the director's designee, as the case 1 33 may be. 1 34 While in the actual performance of official duties, reserve 1 35 peace officers shall be vested with the same rights, 2 1 privileges, obligations, and duties as any other peace 2 2 officers. 2 3 Sec. 4. Section 80D.7, Code 1999, is amended to read as 2 4 follows: 2 5 80D.7 CARRYING WEAPONS. 2 6 A member of a reserve force shall not carry a weapon in the 2 7 line of duty until the member has been approved by the 2 8 governing body and certified by the Iowa law enforcement 2 9 academy council to carry weapons. After approval and 2 10 certification, a reserve peace officer may carry a weapon in 2 11 the line of duty only when authorized by the chief of police, 2 12 sheriff,orcommissioner of public safety or the 2 13 commissioner's designee, or director of the judicial district 2 14 department of correctional services or the director's 2 15 designee, as the case may be. 2 16 Sec. 5. Section 80D.9, Code 1999, is amended to read as 2 17 follows: 2 18 80D.9 SUPERVISION OF RESERVE PEACE OFFICERS. 2 19 Reserve peace officers shall be subordinate to regular 2 20 peace officers, shall not serve as peace officers unless under 2 21 the direction of regular peace officers, and shall wear a 2 22 uniform prescribed by the chief of police, sheriff,or2 23 commissioner of public safety, or director of the judicial 2 24 district department of correctional services unless that 2 25 superior officer designates alternate apparel for use when 2 26 engaged in assignments involving special investigation, civil 2 27 process, court duties, jail duties and the handling of mental 2 28 patients. The reserve peace officer shall not wear an 2 29 insignia of rank. Each department for which a reserve force 2 30 is established shall appoint a regular force peace officer as 2 31 the reserve force co-ordinating and supervising officer. That 2 32 regular peace officer shall report directly to the chief of 2 33 police, sheriff,orcommissioner of public safety or the 2 34 commissioner's designee, or director of the judicial district 2 35 department of correctional services or the director's 3 1 designee, as the case may be. 3 2 Sec. 6. Section 80D.11, Code 1999, is amended to read as 3 3 follows: 3 4 80D.11 EMPLOYEE – PAY. 3 5 While performing official duties, each reserve peace 3 6 officer shall be considered an employee of the governing body 3 7 which the officer represents and shall be paid a minimum of 3 8 one dollar per year. The governing body of a city, a county, 3 9orthe state, or a judicial district department of 3 10 correctional services may provide additional monetary 3 11 assistance for the purchase and maintenance of uniforms and 3 12 equipment used by reserve peace officers. 3 13 Sec. 7. Section 222.60, Code 1999, is amended to read as 3 14 follows: 3 15 222.60 COSTS PAID BY COUNTY OR STATE – DIAGNOSIS AND 3 16 EVALUATION. 3 17 1. All necessary and legal expenses for the cost of 3 18 admission or commitment, including expenses incurred pursuant 3 19 to section 812.5, or for the treatment, training, instruction, 3 20 care, habilitation, support and transportation of persons with 3 21 mental retardation, as provided for in the county management 3 22 plan provisions implemented pursuant to section 331.439, 3 23 subsection 1, in a state hospital-school, or in a special 3 24 unit, or any public or private facility within or without the 3 25 state, approved by the director of the department of human 3 26 services, shall be paid byeithera county or by the state as 3 27 follows: 3 281.a. The county in which such person has legal settlement 3 29 as defined in section 252.16. 3 30 b. The county in which such person has been charged with a 3 31 criminal offense if the person is transferred or referred to a 3 32 state hospital-school for any of the following: 3 33 (1) A diagnosis or recommendation as part of the pretrial 3 34 or presentence procedure. 3 35 (2) A determination of mental competency or, pursuant to 4 1 Iowa rule of criminal procedure 21, a placement of a 4 2 defendant. 4 3 (3) A determination of competency to stand trial, a 4 4 determination of a defendant's dangerousness, or a commitment 4 5 as mentally incompetent to stand trial pursuant to section 4 6 812.4. 4 7 (4) A diagnosis, evaluation, or treatment for a prisoner 4 8 transferred from a county or city jail. 4 92.c. The state when such person has no legal settlement 4 10 or when such settlement is unknown. 4 11 2. Prior to a county of legal settlement approving the 4 12 payment of expenses for a person under this section to which 4 13 subsection 1, paragraph "a", applies, the county may require 4 14 that the person be diagnosed to determine if the person has 4 15 mental retardation or that the person be evaluated to 4 16 determine the appropriate level of services required to meet 4 17 the person's needs relating to mental retardation. The 4 18 diagnosis and the evaluation may be performed concurrently and 4 19 shall be performed by an individual or individuals approved by 4 20 the county who are qualified to perform the diagnosis or the 4 21 evaluation. Following the initial approval for payment of 4 22 expenses, the county of legal settlement may require that an 4 23 evaluation be performed at reasonable time periods. The cost 4 24 of a county-required diagnosis and an evaluation is at the 4 25 county's expense. In the case of a person without legal 4 26 settlement or whose legal settlement is unknown, the state may 4 27 apply the diagnosis and evaluation provisions of this 4 28 paragraph at the state's expense. A diagnosis or an 4 29 evaluation under this section of a person to which subsection 4 30 1, paragraph "a", applies, may be part of a county's single 4 31 entry point process under section 331.440, provided that a 4 32 diagnosis is performed only by an individual qualified as 4 33 provided in this section. However, the single entry point 4 34 process is not applicable and a court is not required to seek 4 35 authorization through the single entry point process prior to 5 1 transferring or referring a person to a state hospital-school 5 2 for any reason provided in subsection 1, paragraph "b". 5 3 3. A diagnosis of mental retardation under this section 5 4 shall be made only when the onset of the person's condition 5 5 was prior to the age of eighteen years and shall be based on 5 6 an assessment of the person's intellectual functioning and 5 7 level of adaptive skills. The diagnosis shall be made by an 5 8 individual who is a psychologist or psychiatrist who is 5 9 professionally trained to administer the tests required to 5 10 assess intellectual functioning and to evaluate a person's 5 11 adaptive skills. 5 12 4. A diagnosis of mental retardation shall be made in 5 13 accordance with the criteria provided in the diagnostic and 5 14 statistical manual of mental disorders, fourth edition, 5 15 published by the American psychiatric association. 5 16 Sec. 8. Section 226.30, Code 1999, is amended to read as 5 17 follows: 5 18 226.30 TRANSFER OF DANGEROUS PATIENTS. 5 19 When a patient of any hospital for persons with mental 5 20 illness becomes incorrigible, and unmanageable to such an 5 21 extent that the patient is dangerous to the safety of others 5 22 in the hospital, the administrator, following review and 5 23 approval of the director of the department of corrections, may 5 24 apply in writing to the district court or to any judge 5 25thereof,of the county in which the hospital is situated, for 5 26 an order to transfer the patient to the Iowa medical and 5 27 classification center and if the order is granted the patient 5 28 shall besotransferred. The county attorney of the county 5 29 shall appear in support of the application on behalf of the 5 30 administrator. 5 31 Sec. 9. Section 230.1, Code Supplement 1999, is amended to 5 32 read as follows: 5 33 230.1 LIABILITY OF COUNTY AND STATE. 5 34 1. The necessary and legal costs and expenses attending 5 35 the taking into custody, care, investigation, admission, 6 1 commitment, including civil commitment pursuant to section 6 2 812.5, and support of a person with mental illness admitted or 6 3 committed to a state hospital shall be paid by a county or by 6 4 the state as follows: 6 5 a. By the county in which such person has a legal 6 6 settlement, if the person is eighteen years of age or older. 6 7 b. By the county in which such person has been charged 6 8 with a criminal offense if the person is transferred or 6 9 referred to a state hospital for any of the following: 6 10 (1) A psychosocial diagnosis or recommendation as part of 6 11 the pretrial or presentence procedure. 6 12 (2) A determination of mental competency or, pursuant to 6 13 Iowa rule of criminal procedure 21, a placement of a 6 14 defendant. 6 15 (3) A determination of competency to stand trial, a 6 16 determination of a defendant's dangerousness, or a commitment 6 17 as mentally incompetent to stand trial pursuant to section 6 18 812.4. 6 19 (4) A diagnosis, evaluation, or treatment for mental 6 20 illness for a prisoner transferred from a county or city jail. 6 21b.c. By the state when such person has no legal 6 22 settlement in this state, when the person's legal settlement 6 23 is unknown, or if the person is under eighteen years of age. 6 24 2. The legal settlement of any person found mentally ill 6 25 who is a patient of any state institution shall be that 6 26 existing at the time of admission thereto. 6 27 3. A county of legal settlement is not liable for costs 6 28 and expenses associated with a person with mental illness to 6 29 which subsection 1, paragraph "a", applies, unless the costs 6 30 and expenses are for services and other support authorized for 6 31 the person through the single entry point process. However, 6 32 the single entry point process is not applicable and a court 6 33 is not required to seek authorization through the single entry 6 34 point process prior to ordering an evaluation of, 6 35 transferring, or referring a person to a state hospital for 7 1 any reason provided in subsection 1, paragraph "b". For the 7 2 purposes of this chapter, "single entry point process" means 7 3 the same as defined in section 331.440. 7 4 Sec. 10. Section 904.201, subsection 8, Code 1999, is 7 5 amended to read as follows: 7 6 8.Chapter 230 governs the determination ofThe costs and 7 7 charges for the care and treatment of personswith mental7 8illnessadmitted to the forensic psychiatric hospital pursuant 7 9 to subsection 3, shall be paid by the county in which the 7 10 criminal charges are filed, except that charges for the care 7 11 and treatment of any person transferred to the forensic 7 12 psychiatric hospital from an adult correctional institution or 7 13 from a state training school shall be paid entirely from state 7 14 funds. The court ordering a person to the forensic 7 15 psychiatric hospital for care and treatment shall not be 7 16 subject to the single entry point process under section 7 17 331.440. Charges for all other persons at the forensic 7 18 psychiatric hospital shall be billed to the respective 7 19 counties at the same ratio as for patients at state mental 7 20 health institutes under section 230.20. The Iowa medical and 7 21 classification center shall bill the proper county directly. 7 22 Sec. 11. Section 904.202, Code 1999, is amended to read as 7 23 follows: 7 24 904.202 INTAKE AND CLASSIFICATION CENTER. 7 25 The director may provide facilities and personnel for a 7 26 diagnostic intake and classification center. The work of the 7 27 center shall include a scientific study of each inmate, the 7 28 inmate's career and life history, the causes of the inmate's 7 29 criminal acts and recommendations for the inmate's custody, 7 30 care, training, employment, and counseling with a view to 7 31 rehabilitation and to the protection of society. To 7 32 facilitate the work of the center and to aid in the 7 33 rehabilitation of the inmates, the trial judge, prosecuting 7 34 attorney, and presentence investigators shall furnish the 7 35 directorupon requestwith any previously authorized 8 1 presentence investigation report and a full statement of facts 8 2 and circumstances attending the commission of the offense so 8 3 far as known or believed by them. If the department develops 8 4 and utilizes an inmate classification system, it must, within 8 5 a reasonable time, present evidence from independent experts 8 6 as to the effectiveness and validity of the classification 8 7 system. 8 8 Sec. 12. Section 904.405, Code 1999, is amended to read as 8 9 follows: 8 10 904.405 TRANSCRIPT OF TESTIMONY. 8 11 The director shall cause the testimony taken at the 8 12 investigation to betranscribed andrecorded. The recording 8 13 of the testimony shall not be transcribed unless the testimony 8 14 is part of a case that is appealed or an interested party 8 15 requests a transcript and pays the cost of preparing the 8 16 transcript. The recording of the testimony, or the 8 17 transcription thereof, shall be filed and maintained in the 8 18 director's office at the seat of governmentwithin ten days8 19after the testimony is taken, or as soon as practicable, and8 20when filed the testimony shall be open for the inspection of8 21any personfor at least five years from the date the testimony 8 22 is taken or the date of a final decision in a case involving 8 23 the testimony, whichever is later. 8 24 Sec. 13. Section 904.508, subsections 1 and 2, Code 1999, 8 25 are amended to read as follows: 8 26 1. The superintendent of each institution shall receive 8 27 and care for any property an inmate may possess on the 8 28 inmate's person upon entering the institution, and on the 8 29 discharge of the inmate, return the property to the inmate or 8 30 the inmate's legal representatives, unless the property has 8 31 been previously disposed of according to the inmate's written 8 32 designation or policies prescribed by the board.The8 33superintendent may place an inmate's money at interest,8 34keeping an account of the money and returning the remaining8 35money upon discharge.9 1 2. The director shall establish and maintain an inmate 9 2 savings fund in aninterest-bearingaccount for the deposit of 9 3 all or part of an inmate's allowances, as provided in section 9 4 904.702. All or part of an inmate's allowances shall be 9 5 deposited into the savings fund, until the inmate's deposit is 9 6 equal to the amount due the inmate upon discharge, parole, or 9 7 placement on work release, as provided in section 906.9. If 9 8 an inmate's deposits equal this amount, the inmate may 9 9 voluntarily withdraw from the savings fund. The director 9 10 shall notify the inmate of this right to withdraw and shall 9 11 provide the inmate with a written request form to facilitate 9 12 the withdrawal. If the inmate withdraws and the inmate's 9 13 deposits exceed the amount due as provided in section 906.9, 9 14 the director shall disburse the excess amount as provided for 9 15 allowances under section 904.702, except the director shall 9 16 not deposit the excess amount in the inmate savings fund. If 9 17 the inmate chooses to continue to participate in the savings 9 18 fund, the inmate's deposits shall be returned to the inmate 9 19 upon discharge, parole, or placement on work release. 9 20 Otherwise, the inmate's deposits shall be disposed of as 9 21 provided in subsection 3. An inmate's deposits into the 9 22 savings fund may be used to provide the money due the inmate 9 23 upon discharge, parole, or placement on work release, as 9 24 required under section 906.9.Interest earned from the9 25savings fund shall be placed in a separate account, and may be9 26used for purchases approved by the director to directly and9 27collectively benefit inmates.9 28 Sec. 14. Section 904.602, subsection 1, Code 1999, is 9 29 amended by adding the following new paragraph: 9 30 NEW PARAGRAPH. m. Family and personal history if the 9 31 individual is dead or has not received services from the 9 32 department or the judicial district departments of 9 33 correctional services for at least ten years prior to a 9 34 request for the information. 9 35 Sec. 15. Section 904.602, subsection 2, paragraph h, Code 10 1 1999, is amended to read as follows: 10 2 h. Family and personal history if the individual is alive 10 3 and has received services from the department or the judicial 10 4 district departments of correctional services within the ten 10 5 years preceding a request for the information. 10 6 Sec. 16. Section 904.809, subsection 2, paragraph b, Code 10 7 Supplement 1999, is amended by adding the following new 10 8 subparagraph: 10 9 NEW SUBPARAGRAPH. (3) The lease agreement shall establish 10 10 a cost for the lease which shall take into consideration 10 11 compensation for the amount of building space utilized 10 12 compared to the cost of similar space leased outside the 10 13 institution in the local community, maintenance costs, and 10 14 modifications made to a correctional facility to accommodate 10 15 the lessee such as payment of utilities and depreciation 10 16 costs, and a pro rata cost of correctional officer supervision 10 17 of inmates. 10 18 Sec. 17. Section 904.809, subsection 2, Code Supplement 10 19 1999, is amended by adding the following new paragraph: 10 20 NEW PARAGRAPH. c. Effective July 1, 2001, a portion of 10 21 moneys received pursuant to a lease negotiated pursuant to the 10 22 requirements of this section shall be deposited in the general 10 23 fund of the state and that portion of the moneys received 10 24 representing the cost of building maintenance, modification, 10 25 and utilities as it relates to the lease are deemed repayment 10 26 receipts as defined in section 8.2. 10 27 Sec. 18. 1998 Iowa Acts, chapter 1197, section 13, is 10 28 amended to read as follows: 10 29 SEC. 13. EFFECTIVE DATES – REPEALS. 10 30 1. This division and Division I of this Act, being deemed 10 31 of immediate importance, take effect upon enactment. 10 32 2. Division I of this Act is repealed June 30,20002002. 10 33 3. Division II of this Act takes effect July 1,20002002. 10 34 Sec. 19. EFFECTIVE DATE. Section 18 of this Act, being 10 35 deemed of immediate importance, takes effect upon enactment. 11 1 EXPLANATION 11 2 This bill makes several changes to statutory provisions 11 3 involving the department of corrections. 11 4 Code chapter 80D is amended to permit a judicial district 11 5 department of correctional services to provide for the 11 6 establishment of a force of reserve peace officers. The 11 7 applicable director of the judicial district department of 11 8 correctional services is given supervisory authority over 11 9 these reserve officers. 11 10 Code section 222.60, governing the costs paid by a county 11 11 or state for diagnosis and evaluation of persons with mental 11 12 retardation, is amended. The change provides that the county 11 13 in which a person is charged with a criminal offense is 11 14 generally liable for the costs of transferring and referring 11 15 that person to a state hospital-school for a diagnosis, 11 16 determination, or evaluation, of the person in connection with 11 17 the legal process. 11 18 Code section 226.30 is amended to require an administrator 11 19 at a mental hospital to obtain approval from the director of 11 20 the department of corrections prior to transferring a 11 21 dangerous patient to the Iowa medical and classification 11 22 center. 11 23 Code section 230.1 governing the liability of the state and 11 24 counties concerning the support of a mentally ill person at a 11 25 state hospital is amended. The change provides that the 11 26 county in which a person is charged with a criminal offense is 11 27 generally liable for the costs of transferring and referring 11 28 that person to a state hospital for a diagnosis, 11 29 determination, or evaluation, of the person in connection with 11 30 the legal process. 11 31 Code section 904.201 is amended to provide that the county 11 32 in which criminal charges are filed for a person is liable for 11 33 the care and treatment of the person in the forensic 11 34 psychiatric hospital, the Iowa medical and classification 11 35 center at Oakdale. 12 1 Code section 904.202 is amended to require that trial 12 2 judges, prosecuting attorneys, and presentence investigators 12 3 provide the director of the department of corrections with any 12 4 previously authorized presentence investigation on any inmate 12 5 sent to the Oakdale intake and classification center of the 12 6 department of corrections. 12 7 Code section 904.405, governing the transcription of 12 8 testimony for certain investigations conducted by the 12 9 department of corrections, is amended to allow the testimony 12 10 to be recorded and not transcribed. If the case involving the 12 11 testimony is appealed, or an interested person so requests and 12 12 pays the cost, the recording will be transcribed. The 12 13 recording, or transcription if applicable, will remain on file 12 14 for at least five years following the date of the testimony or 12 15 the date of a final decision in a case involving the 12 16 testimony, whichever is later. 12 17 Code section 904.508 is amended to eliminate the authority 12 18 of a superintendent of an institution to place moneys in an 12 19 inmate savings fund in an interest-bearing account with 12 20 interest accumulated to be used to make purchases to directly 12 21 and collectively benefit inmates. 12 22 Code section 904.602 is amended to allow the release of 12 23 family and personal history of an individual if the individual 12 24 is dead or at least 10 years have passed since the individual 12 25 received services from the department of corrections or a 12 26 judicial district department of correctional services. 12 27 Code section 904.809 is amended to allow the director to 12 28 factor in the cost of providing a private employer space in a 12 29 correctional institution when a lease is negotiated with a 12 30 private employer to provide work for inmates. The section is 12 31 further amended to provide that, effective July 1, 2001, the 12 32 portion of lease revenue consisting of the costs associated 12 33 with leasing space in a correctional facility shall be deemed 12 34 a repayment receipt as defined in Code section 8.2. 12 35 1998 Iowa Acts, chapter 1197, providing for the repeal of 13 1 the sixth judicial district pilot project concerning probation 13 2 revocation hearings as of June, 30, 2000, is amended to delay 13 3 the repeal of the project until June 30, 2002. This portion 13 4 of the bill takes effect upon enactment. 13 5 LSB 5413DP 78 13 6 ec/cls/14.2
Text: HSB00709 Text: HSB00711 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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