Text: SF00394 Text: SF00396 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 395 1 2 1 3 AN ACT 1 4 RELATING TO THE DEPARTMENT OF CORRECTIONS BY PROVIDING FOR 1 5 PURCHASES FROM IOWA PRISON INDUSTRIES, THE STUDY OF INMATE 1 6 WORKER SAFETY ISSUES, THE ESTABLISHMENT OF A CRIMINAL 1 7 OFFENSE FOR ATTEMPTS TO ESCAPE, THE CREDITING OF TIME SERVED 1 8 BY INMATES, INMATE WORK PROGRAM AGREEMENTS, AND DEDUCTIONS 1 9 FROM INMATE WORK PROGRAM EARNINGS, STANDARDS FOR THE 1 10 EMPLOYMENT OF PROBATION AND PAROLE OFFICERS, AND MAKING 1 11 PENALTIES APPLICABLE. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 8.62, subsection 2, Code 1999, is 1 16 amended to read as follows: 1 17 2. Notwithstanding the provisions of section 8.33 or any 1 18 other provision of law to the contrary, if on June 30 of a 1 19 fiscal year, a balance of an operational appropriation remains 1 20 unexpended or unencumbered, not more than fifty percent of the 1 21 balance may be encumbered by the agency to which the 1 22 appropriation was made and used as provided in this section 1 23 and the remaining balance shall be deposited in the cash 1 24 reserve fund created in section 8.56. Moneys encumbered under 1 25 this section shall only be used by the agency during the 1 26 succeeding fiscal year for employee trainingand for, 1 27 technology enhancement, or purchases of goods and services 1 28 from Iowa prison industries. Unused moneys encumbered under 1 29 this section shall be deposited in the cash reserve fund on 1 30 June 30 of the succeeding fiscal year. 1 31 Sec. 2. Section 8.62, subsection 4, Code 1999, is amended 1 32 by striking the subsection. 1 33 Sec. 3. Section 719.4, subsections 1 and 2, Code 1999, are 1 34 amended to read as follows: 1 35 1. A person convicted of a felony, or charged with or 2 1 arrested for the commission of a felony, who intentionally 2 2 escapes, or attempts to escape, from a detention facility, 2 3 community-based correctional facility, or institution to which 2 4 the person has been committed by reason of the conviction, 2 5 charge, or arrest, or from the custody of any public officer 2 6 or employee to whom the person has been entrusted, commits a 2 7 class "D" felony. 2 8 2. A person convicted of, charged with, or arrested for a 2 9 misdemeanor, who intentionally escapes, or attempts to escape, 2 10 from a detention facility, community-based correctional 2 11 facility, or institution to which the person has been 2 12 committed by reason of the conviction, charge, or arrest, or 2 13 from the custody of any public officer or employee to whom the 2 14 person has been entrusted, commits a serious misdemeanor. 2 15 Sec. 4. Section 903A.5, Code 1999, is amended to read as 2 16 follows: 2 17 903A.5 TIME TO BE SERVED – CREDIT. 2 18 An inmate shall not be discharged from the custody of the 2 19 director of the Iowa department of corrections until the 2 20 inmate has served the full term for which the inmate was 2 21 sentenced, less good conduct time earned and not forfeited, 2 22 unless the inmate is pardoned or otherwise legally released. 2 23 Good conduct time earned and not forfeited shall apply to 2 24 reduce a mandatory minimum sentence being served pursuant to 2 25 section 124.406, 124.413, 902.7, 902.8, or 902.11. An inmate 2 26 shall be deemed to be serving the sentence from the day on 2 27 which the inmate is received into the institution.However,2 28ifIf an inmate was confined to a county jail or other 2 29 correctional or mental facility at any time prior to 2 30 sentencing, or after sentencing but prior to the case having 2 31 been decided on appeal, because of failure to furnish bail or 2 32 because of being charged with a nonbailable offense, the 2 33 inmate shall be given credit for the days already served upon 2 34 the term of the sentence. However, if a person commits any 2 35 offense while confined in a county jail or other correctional 3 1 or mental health facility, the person shall not be granted 3 2 jail credit for that offense.TheUnless the inmate was 3 3 confined in a correctional facility, the sheriff of the county 3 4 in which the inmate was confined shall certify to the clerk of 3 5 the district court from which the inmate was sentenced and to 3 6 the department of corrections' records administrator at the 3 7 Iowa medical and classification center the number of days so 3 8 served. Theclerk of the district courtdepartment of 3 9 corrections' records administrator, or the administrator's 3 10 designee, shall apply jail credit as ordered by the court of 3 11 proper jurisdiction or as authorized by this section and 3 12 section 907.3, subsection 3, and shall forward a copy of the 3 13certification of thenumber of days served tothe wardenthe 3 14 clerk of the district court from which the inmate was 3 15 sentenced. 3 16 An inmate shall not receive credit upon the inmate's 3 17 sentence for time spent in custody in another state resisting 3 18 return to Iowa following an escape, or for time served in an 3 19 institution or jail of another jurisdiction during any period 3 20 of time the person is receiving credit upon a sentence of that 3 21 other jurisdiction. 3 22 Sec. 5. Section 904.703, Code 1999, is amended to read as 3 23 follows: 3 24 904.703 SERVICES OF INMATES – INSTITUTIONS AND PUBLIC 3 25 SERVICE. 3 26 Inmates shall work on state account in the maintenance of 3 27 state institutions, in the erection, repair, authorized 3 28 demolition, or operation of buildings and works used in 3 29 connection with the institutions, and in industries 3 30 established and maintained in connection with the institutions 3 31 by the director. The director shall encourage the making of 3 32 agreements, including chapter 28E agreements, with departments 3 33 and agencies of the state or its political subdivisions to 3 34 provide products or services under an inmate work program to 3 35 the departments and agencies. The director may implement an 4 1 inmate work program for trustworthy inmates of state 4 2 correctional institutions, under proper supervision, whether 4 3 at work centers located outside the state correctional 4 4 institutions or in construction or maintenance work at public 4 5 or charitable facilities and for other agencies of state, 4 6 county, or local government. The supervision, security, and 4 7 transportation of, and allowances paid to inmates used in 4 8 public service projects shall be provided pursuant to 4 9 agreements, including chapter 28E agreements, made by the 4 10 director and the agency for which the work is done. Housing 4 11 and maintenance shall also be provided pursuant to the 4 12 agreement, including a chapter 28E agreement, unless the 4 13 inmate is housed and maintained in the correctional facility. 4 14 All such work, including but not limited to that provided in 4 15 this section, shall have as its primary purpose the 4 16 development of attitudes, skills, and habit patterns which are 4 17 conducive to inmate rehabilitation. The director may adopt 4 18 rules allowing inmates participating in an inmate work program 4 19 to receive educational or vocational training outside the 4 20 state correctional institutions and away from the work centers 4 21 or public or charitable facilities used under a program. 4 22 However, an inmate shall not work in a public service 4 23 project if the work of that inmate would replace a person 4 24 employed by the state agency or political subdivision, which 4 25 employee is performing the work of the public service project 4 26 at the time the inmate is being considered for work in the 4 27 project. 4 28The director may enter into a chapter 28E agreement with a4 29county board of supervisors or county conservation board to4 30provide inmate services for environmental maintenance4 31including but not limited to brush and weed cutting, tree4 32planting, and erosion control.4 33 Sec. 6. Section 904.809, subsection 5, Code 1999, is 4 34 amended to read as follows: 4 35 5. a. An inmate of a correctional institution employed 5 1 pursuant to this section shall surrender to the department of 5 2 corrections the inmate's total earnings less deductions for 5 3 federal, state, and local taxes, and any other payroll 5 4 deductions required by law.The department of corrections5 5shall deduct twenty percent of the balance to be credited to5 6the inmate's general account. The department shall then5 7deduct from the earnings remaining as follows:5 8a. The department shall first deduct the following amounts5 9in the following order of priority:5 10 The inmate's employer shall provide each employed inmate 5 11 with the withholding statement required under section 422.16, 5 12 and any other employment information necessary for the receipt 5 13 of the remainder of an inmate's payroll earnings. 5 14 b. From the inmate's gross payroll earnings, the following 5 15 amounts shall be deducted: 5 16 (1)An amount the inmate may be legally obligated to pay5 17for the support of the inmate's dependents, the amount of5 18which shall be paid to the dependents through the department5 19of human services collection services center.Twenty percent, 5 20 to be deposited in the inmate's general account. 5 21 (2)Restitution as ordered by the court pursuant to5 22chapter 910.All required tax deductions, to be collected by 5 23 the inmate's employer. 5 24 (3) Five percent,of the balanceto be deducted for the 5 25 victim compensation fund created in section 915.94. 5 26(4) An amount the inmate is legally obligated to pay for5 27any other financial obligation.5 28(5) An amount determined to be the cost to the department5 29of corrections for providing for the incarceration of the5 30inmate.5 31 c. From the balance remaining after deduction of the 5 32 amounts under paragraph "b", the following amounts shall be 5 33 deducted in the following order of priority: 5 34 (1) An amount which the inmate may be legally obligated to 5 35 pay for the support of the inmate's dependents, which shall be 6 1 paid through the department of human services collection 6 2 services center, and which shall include an amount for 6 3 delinquent child support not to exceed fifty percent of net 6 4 earnings. 6 5 (2) Restitution as ordered by the court under chapter 910. 6 6 (3) Any balance remaining after the deductions made under 6 7 subparagraphs (1) and (2) shall represent the costs of the 6 8 inmate's incarceration and shall be deposited, effective July 6 9 1, 2000, in the general fund of the state. 6 10bd. Of thebalance remaining after deductions and6 11payments required pursuant to paragraph "a", the department6 12shall deposit in the Iowa state industries revolving fund6 13created in section 904.813, an amount equal to the costs6 14incurred by the fund related to the inmate's employment6 15pursuant to this section. Any balance remaining after the6 16deductions and payments required by this subsection shall be6 17 amount credited to the inmate's general account, the 6 18 department shall deduct an amount representing any other legal 6 19 or administrative financial obligations. 6 20 Sec. 7. Section 905.7, subsection 8, Code 1999, is amended 6 21 to read as follows: 6 22 8. Provide for standards by rule for mental fitness which 6 23 shall govern the initial recruitment, selection, and 6 24 appointment of parole and probation officers.To promote6 25these standards, the department of corrections shall by rule6 26require a battery of psychological tests to determine6 27cognitive skills, personality characteristics, and suitability6 28of all applicants for a correctional career, as is required6 29for correctional officers pursuant to section 904.108.6 30 Sec. 8. Section 907.3, subsection 3, unnumbered paragraph 6 31 1, Code 1999, is amended to read as follows: 6 32 By record entry at the time of or after sentencing, the 6 33 court may suspend the sentence and place the defendant on 6 34 probation upon such terms and conditions as it may require 6 35 including commitment to an alternate jail facility or a 7 1 community correctional residential treatment facilityfor a7 2specific number of daysto be followed by a term of probation 7 3 as specified in section 907.7, or commitment of the defendant 7 4 to the judicial district department of correctional services 7 5 for supervision or services under section 901B.1 at the level 7 6 of sanctions which the district department determines to be 7 7 appropriate and the payment of fees imposed under section 7 8 905.14. A person so committed who has probation revoked shall 7 9 be given credit for such time served. However, the court 7 10 shall not suspend any of the following sentences: 7 11 Sec. 9. INMATE WORKER SAFETY – STUDY – REPORT. The 7 12 department of corrections, in consultation with the division 7 13 of labor services of the department of workforce development, 7 14 shall conduct a study on issues concerning the safety of 7 15 inmate workers. The study shall consider, among other things, 7 16 whether all or a part of chapter 88 should be applicable to 7 17 inmates, whether substitute guidelines should be adopted 7 18 governing inmate worker safety, including guidelines on the 7 19 reporting and investigation of unsafe conditions, and the 7 20 legal consequences of any proposed recommendation or new 7 21 guideline. The department of corrections shall submit the 7 22 findings and any recommendations of the study to the general 7 23 assembly by January 1, 2000. 7 24 7 25 7 26 7 27 MARY E. KRAMER 7 28 President of the Senate 7 29 7 30 7 31 7 32 RON J. CORBETT 7 33 Speaker of the House 7 34 7 35 I hereby certify that this bill originated in the Senate and 8 1 is known as Senate File 395, Seventy-eighth General Assembly. 8 2 8 3 8 4 8 5 MICHAEL E. MARSHALL 8 6 Secretary of the Senate 8 7 Approved , 1999 8 8 8 9 8 10 8 11 THOMAS J. VILSACK 8 12 Governor
Text: SF00394 Text: SF00396 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00395/990422.html
jhf