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PAG LIN 1 1 Section 1. Section 80D.1, Code 2001, 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 2001, 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 required by 1 21 the Iowa law enforcement academy, the chief of police, 1 22 sheriff,orcommissioner of public safety, or director of the 1 23 judicial district department of correctional services shall 1 24 certify the individual as a reserve peace officer. 1 25 Sec. 3. Section 80D.6, Code 2001, 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 2001, 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 2001, 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 aregular forcecertified peace 2 31 officer as the reserve force co-ordinating and supervising 2 32 officer. Thatregularcertified peace officer shall report 2 33 directly to the chief of police, sheriff,orcommissioner of 2 34 public safety or the commissioner's designee, or director of 2 35 the judicial district department of correctional services or 3 1 the director's designee, as the case may be. 3 2 Sec. 6. Section 80D.11, Code 2001, 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 905.4, Code 2001, is amended by adding the 3 14 following new subsection: 3 15 NEW SUBSECTION. 11. Have authority to establish a force 3 16 of reserve peace officers, either separately or collectively 3 17 through a chapter 28E agreement, as provided in chapter 80D. 3 18 Sec. 8. Section 905.6, subsection 3, Code 2001, is amended 3 19 to read as follows: 3 20 3. Employ, with approval of the district board, and 3 21 supervise the employees of the district department, including 3 22 reserve peace officers, if a force of reserve peace officers 3 23 has been established. 3 24 Sec. 9. Section 910.1, subsection 4, Code 2001, is amended 3 25 to read as follows: 3 26 4. "Restitution" means payment of pecuniary damages to a 3 27 victim in an amount and in the manner provided by the 3 28 offender's plan of restitution. "Restitution" also includes 3 29 fines, penalties, and surcharges, the contribution of funds to 3 30 a local anticrime organization which provided assistance to 3 31 law enforcement in an offender's case, the payment of crime 3 32 victim compensation program reimbursements, payment of 3 33 restitution to public agencies pursuant to section 321J.2, 3 34 subsection 9, paragraph "b", payment of fees pursuant to 3 35 section 905.14, court costs including correctional fees 4 1 approved pursuant to section 356.7, court-appointedattorney's4 2 attorney fees, or the expense of a public defender, and the 4 3 performance of a public service by an offender in an amount 4 4 set by the court when the offender cannot reasonably pay all 4 5 or part of the court costs including correctional fees 4 6 approved pursuant to section 356.7, court-appointedattorney's4 7 attorney fees, or the expense of a public defender. 4 8 Sec. 10. Section 910.3, Code 2001, is amended to read as 4 9 Follows: 4 10 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 4 11 The county attorney shall prepare a statement of pecuniary 4 12 damages to victims of the defendant and, if applicable, any 4 13 award by the crime victim compensation program and expenses 4 14 incurred by public agencies pursuant to section 321J.2, 4 15 subsection 9, paragraph "b", and shall provide the statement 4 16 to the presentence investigator or submit the statement to the 4 17 court at the time of sentencing. The clerk of court shall 4 18 prepare a statement of court-appointedattorney'sattorney 4 19 fees, the expense of a public defender, and court costs 4 20 including correctional fees claimed by a sheriff pursuant to 4 21 section 356.7, which shall be provided to the presentence 4 22 investigator or submitted to the court at the time of 4 23 sentencing. If these statements are provided to the 4 24 presentence investigator, they shall become a part of the 4 25 presentence report. If pecuniary damage amounts are not 4 26 available at the time of sentencing, the county attorney shall 4 27 provide a statement of pecuniary damages incurred up to that 4 28 time to the clerk of court. The statement shall be provided 4 29 no later than thirty days after sentencing. If a defendant 4 30 believes no person suffered pecuniary damages, the defendant 4 31 shall so state. If the defendant has any mental or physical 4 32 impairment which would limit or prohibit the performance of a 4 33 public service, the defendant shall so state. The court may 4 34 order a mental or physical examination, or both, of the 4 35 defendant to determine a proper course of action. At the time 5 1 of sentencing or at a later date to be determined by the 5 2 court, the court shall set out the amount of restitution 5 3 including fees that may be incurred pursuant to section 5 4 905.14, and the amount of public service to be performed as 5 5 restitution and the persons to whom restitution must be paid. 5 6 If the full amount of restitution cannot be determined at the 5 7 time of sentencing, the court shall issue a temporary order 5 8 determining a reasonable amount for restitution identified up 5 9 to that time. At a later date as determined by the court, the 5 10 court shall issue a permanent, supplemental order, setting the 5 11 full amount of restitution. The court shall enter further 5 12 supplemental orders, if necessary. These court orders shall 5 13 be known as the plan of restitution. 5 14 Sec. 11. Section 910.9, unnumbered paragraph 3, Code 2001, 5 15 is amended to read as follows: 5 16 Fines, penalties, and surcharges, crime victim compensation 5 17 program reimbursement, public agency restitution, court costs 5 18 including correctional fees claimed by a sheriff pursuant to 5 19 section 356.7, fees incurred pursuant to section 905.14, 5 20 court-appointedattorney'sattorney fees, and expenses for 5 21 public defenders, shall not be withheld by the clerk of court 5 22 until all victims have been paid in full. Payments to victims 5 23 shall be made by the clerk of court at least quarterly. 5 24 Payments by a clerk of court shall be made no later than the 5 25 last business day of the quarter, but may be made more often 5 26 at the discretion of the clerk of court. The clerk of court 5 27 receiving final payment from an offender shall notify all 5 28 victims that full restitution has been made. Each office or 5 29 individual charged with supervising an offender who is 5 30 required to perform community service as full or partial 5 31 restitution shall keep records to assure compliance with the 5 32 portions of the plan of restitution and restitution plan of 5 33 payment relating to community service and, when the offender 5 34 has complied fully with the community service requirement, 5 35 notify the sentencing court. 6 1 Sec. 12. AUTHORIZATION BY GENERAL ASSEMBLY FOR EXTENSION 6 2 OF A LEASE PURCHASE AGREEMENT. The general assembly pursuant 6 3 to Code section 905.4, subsection 5, authorizes the sixth 6 4 judicial district department of correctional services to 6 5 extend for a period of two years, from June 1, 2006, through 6 6 June 1, 2008, the lease-purchase agreement entered into with 6 7 Merchants National Bank of Cedar Rapids on April 1, 1991, and 6 8 assigned to Firstar Bank of Milwaukee. The general assembly 6 9 acknowledges that the sixth judicial district department of 6 10 correctional services has adequate funding to meet the 6 11 extension of the lease-purchase agreement and that no state 6 12 general fund appropriations need to be made to extend the 6 13 lease-purchase agreement. 6 14 Sec. 13. EFFECTIVE DATE. Section 11 of this Act, being 6 15 deemed of immediate importance, takes effect upon enactment. 6 16 EXPLANATION 6 17 This bill relates to judicial district departments of 6 18 correctional services by providing for a restitution lien for 6 19 supervision fees, for the establishment of a reserve peace 6 20 officer force, and for authorization for the sixth judicial 6 21 district to extend a lease purchase. 6 22 The bill permits the district board of a judicial district 6 23 department of correctional services to create a force of 6 24 reserve peace officers. The board may establish the force by 6 25 entering into a Code chapter 28E agreement or may create its 6 26 own force within the judicial district. The applicable 6 27 director of the judicial district department of correctional 6 28 services is given supervisory authority over the reserve 6 29 officers, subject to the standards of the Iowa law enforcement 6 30 academy. The bill also provides that if a reserve force is 6 31 established, the department shall appoint a certified police 6 32 officer as supervising officer. Under current law a regular 6 33 force officer must serve as supervising officer. 6 34 A reserve peace officer is a volunteer, nonregular, sworn 6 35 law enforcement officer, who serves at a minimum compensation 7 1 rate of $1 per year, and has regular police powers. 7 2 Under current law and the bill a judicial district shall 7 3 assess a $250 supervision fee against a defendant who has been 7 4 assigned to a judicial district. The bill provides that the 7 5 fee shall become part of a defendant's restitution plan, which 7 6 allows the state or any person entitled to restitution under 7 7 that plan to file a lien against any of the defendant's 7 8 property. 7 9 The bill authorizes the sixth judicial district department 7 10 of correctional services to extend a lease-purchase agreement. 7 11 The bill provides that the sixth judicial district department 7 12 of correctional services may extend a lease-purchase agreement 7 13 entered into with Firstar Bank of Milwaukee to allow for the 7 14 purchase of approximately 10 acres of land adjacent to the 7 15 community-based correctional facility in Cedar Rapids. The 7 16 bill states that the sixth judicial district has obtained 7 17 adequate funding to extend the lease-purchase agreement and 7 18 that no general fund moneys need to be appropriated. This 7 19 provision takes effect upon enactment. 7 20 LSB 1273YC 79 7 21 jm/pj/5
Text: HSB00062 Text: HSB00064 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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