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PAG LIN 1 1 DIVISION I 1 2 MULTICOUNTY JAIL 1 3 Section 1. NEW SECTION. 356B.1 MULTICOUNTY JAILS – 1 4 ESTABLISHMENT. 1 5 The department of corrections and the multicounty jail 1 6 board created in section 356B.2 shall establish and administer 1 7 a multicounty jail program. The program shall encourage 1 8 counties to establish, construct, renovate, or repair 1 9 facilities for use as a multicounty jail. A multicounty jail 1 10 means a facility established, operated, and maintained as a 1 11 jail pursuant to an agreement between two or more counties 1 12 pursuant to chapter 28E. A county that enters into a chapter 1 13 28E agreement pursuant to section 356B.3 to establish, 1 14 operate, and maintain a multicounty jail is deemed to have met 1 15 the requirement to furnish a place for the confinement of 1 16 prisoners pursuant to section 331.381, subsection 17, 1 17 paragraph "a", and section 903.4. A multicounty jail shall 1 18 comply with the provisions of chapter 356 and shall be 1 19 considered a jail, except as provided in this chapter. 1 20 Sec. 2. NEW SECTION. 356B.2 MULTICOUNTY JAIL BOARD. 1 21 1. A multicounty jail board is created within the 1 22 department of corrections. The board shall have five members 1 23 appointed as follows: 1 24 a. One member appointed by the board of corrections. 1 25 b. One member appointed by the governor from a list of 1 26 county supervisors recommended by the Iowa association of 1 27 counties. 1 28 c. One member appointed by the governor from persons 1 29 recommended by the Iowa state sheriffs and deputies 1 30 association. 1 31 d. Two members of the general public appointed by the 1 32 governor subject to confirmation by the senate. 1 33 2. The board members shall serve staggered three-year 1 34 terms beginning and ending as provided in section 69.19. The 1 35 governor shall appoint initial members to serve for less than 2 1 three years to ensure that members serve staggered terms. A 2 2 vacancy in membership shall be filled in the same manner as 2 3 the original appointment. Each member of the board shall be 2 4 reimbursed for actual and necessary expenses incurred in the 2 5 discharge of the member's official duties. 2 6 3. The duties of the board shall consist of advising the 2 7 department of corrections regarding administrative rules 2 8 necessary for implementation and administration of the 2 9 multicounty jail program. The board shall also serve as the 2 10 policymaking body responsible for implementing the multicounty 2 11 jail program. 2 12 Sec. 3. NEW SECTION. 356B.3 MULTICOUNTY JAIL COMMISSION 2 13 – COMMISSION AGREEMENT PURSUANT TO CHAPTER 28E. 2 14 1. Two or more counties may establish a commission to 2 15 enter into a commission agreement pursuant to chapter 28E to 2 16 establish, operate, and maintain a multicounty jail in which 2 17 the participating counties and sheriffs of the participating 2 18 counties delegate the authority to operate a county jail to 2 19 the commission. The commission agreement shall include but is 2 20 not limited to the following: 2 21 a. The number of members each county shall be allocated 2 22 for membership on the commission. 2 23 b. A plan for establishing, constructing, renovating, or 2 24 repairing a facility for use as a multicounty jail. 2 25 c. A plan for operating the multicounty jail and for the 2 26 allocation of costs between each county. 2 27 d. The conditions under which a county may join or 2 28 withdraw from the agreement and the procedures for joining or 2 29 withdrawing from the agreement. 2 30 2. The commission agreement must be approved by the board 2 31 of supervisors and the county sheriff of each county that is a 2 32 party to the agreement. 2 33 3. Upon approval of the commission agreement, the board of 2 34 supervisors of each county that is a party to the agreement 2 35 shall designate the multicounty jail as a place for 3 1 confinement of prisoners pursuant to section 331.381. 3 2 4. Upon approval of the commission agreement, the sheriff 3 3 of each county that is a party to the agreement shall delegate 3 4 the sheriff's authority and responsibility to provide board 3 5 and care for inmates in the sheriff's custody to the 3 6 commission. 3 7 5. A certified copy of the commission agreement shall be 3 8 recorded pursuant to chapter 28E, and a copy of the agreement 3 9 shall be provided to the department of corrections. 3 10 6. After approval by the applicable boards of supervisors 3 11 and sheriffs, the commission agreement becomes effective when 3 12 it is recorded. 3 13 Sec. 4. NEW SECTION. 356B.4 MULTICOUNTY JAIL FUND. 3 14 1. A multicounty jail fund is created in the state 3 15 treasury. The fund shall be administered by the department of 3 16 corrections and the multicounty jail board. The moneys in the 3 17 fund shall be used to provide grants and loans to multicounty 3 18 jail commissions for establishing, constructing, renovating, 3 19 or repairing facilities to be operated and maintained as 3 20 multicounty jails, and to defray expenses incurred by the 3 21 department of corrections in administering the multicounty 3 22 jail program. 3 23 2. The fund shall consist of moneys appropriated by the 3 24 general assembly for deposit in the fund, and other moneys 3 25 available to and obtained or accepted by the department of 3 26 corrections for placement in the fund. Moneys in the fund are 3 27 appropriated to the department of corrections to be 3 28 distributed as grants and loans as provided in this chapter. 3 29 3. Payments of interest, repayments of moneys loaned 3 30 pursuant to this chapter, and recaptures of loans shall be 3 31 deposited in the fund. 3 32 4. Moneys in the fund are not subject to section 8.33. 3 33 Notwithstanding section 12C.7, interest or earnings on moneys 3 34 in the fund shall be credited to the fund. 3 35 5. Moneys in the fund are subject to an annual audit by 4 1 the auditor of state. The fund is subject to warrants written 4 2 by the director of revenue and finance, drawn upon the written 4 3 requisition of the department of corrections. 4 4 Sec. 5. NEW SECTION. 356B.5 APPLICATION FOR GRANT OR 4 5 LOAN. 4 6 1. A multicounty jail commission may apply to the 4 7 multicounty jail board for a grant or loan for a proposed 4 8 multicounty jail. The department of corrections may provide 4 9 technical assistance to assist an applicant in developing a 4 10 proposal. 4 11 2. An application shall include but is not limited to the 4 12 following: 4 13 a. A copy of the commission agreement. 4 14 b. The confinement needs addressed by the agreement. 4 15 c. A proposed budget for planning and developing the 4 16 multicounty jail. 4 17 d. A proposed operating budget for the first four years of 4 18 operating the jail. 4 19 e. The amount of the grant or loan requested by the 4 20 multicounty jail. 4 21 f. A copy of any agreement entered into by the multicounty 4 22 jail commission or by a county that is a party to the 4 23 commission agreement with another jurisdiction to provide for 4 24 the confinement of inmates, including inmates detained or 4 25 committed by authority of the courts of the United States. 4 26 3. The application may be required to be on a form 4 27 prescribed by the multicounty jail board. 4 28 4. The multicounty jail board shall adopt rules pursuant 4 29 to chapter 17A establishing criteria for awarding a grant or 4 30 loan to a multicounty jail commission. The criteria 4 31 established pursuant to rules adopted by the board shall 4 32 include but not be limited to the following: 4 33 a. A need for additional or replacement beds in all 4 34 counties participating in the commission agreement. 4 35 b. A willingness to confine state inmates. 5 1 c. The cost of the proposal, which shall not exceed 5 2 fifteen million dollars. 5 3 d. The term of the loan shall be repaid in a manner 5 4 approved by the multicounty jail board; however, the term of 5 5 repayment shall not exceed twenty-five years. 5 6 The reasons for acceptance or denial of an application for 5 7 a grant or loan shall be specifically stated in the minutes of 5 8 the multicounty jail board meeting at which the application is 5 9 accepted or denied. 5 10 Sec. 6. NEW SECTION. 356B.6 REMITTANCE IF REPEALED. 5 11 Upon the repeal of sections 356B.2, 356B.4, and 356B.5, 5 12 pursuant to section 356B.7, the department of corrections 5 13 shall remit repayments of moneys loaned, payments of interest, 5 14 and recaptures of loans pursuant to this chapter or rules 5 15 adopted pursuant to this chapter to the treasurer of state for 5 16 deposit in the rebuild Iowa infrastructure fund. 5 17 Sec. 7. NEW SECTION. 356B.7 FUTURE REPEAL. 5 18 Sections 356B.2, 356B.4, and 356B.5 are repealed June 30, 5 19 2009. However, any commission agreement, grant, or loan in 5 20 existence on June 30, 2009, shall continue to be valid and 5 21 each party to such agreement, grant, or loan is obligated to 5 22 perform as required under the agreement, grant, or loan. 5 23 DIVISION II 5 24 CODE CHANGES 5 25 Sec. 8. Section 331.381, subsection 17, paragraph a, Code 5 26 2001, is amended to read as follows: 5 27 a. Furnish a place for the confinement of prisoners as 5 28 required in section 903.4, and in accordance with chapter 356, 5 29or356A, or 356B. 5 30 Sec. 9. Section 331.424, subsection 1, paragraph g, Code 5 31 Supplement 2001, is amended to read as follows: 5 32 g. The maintenance and operation of the courts, including 5 33 but not limited to the salary and expenses of the clerk of the 5 34 district court and other employees of the clerk's office, and 5 35 bailiffs, court costs if the prosecution fails or if the costs 6 1 cannot be collected from the person liable, costs and expenses 6 2 of prosecution under section 189A.17, salaries and expenses of 6 3 juvenile court officers under chapter 602, court-ordered costs 6 4 in domestic abuse cases under section 236.5, the county's 6 5 expense for confinement of prisoners under chapter 356A and 6 6 356B, temporary assistance to the county attorney, county 6 7 contributions to a retirement system for bailiffs, 6 8 reimbursement for judicial magistrates under section 602.6501, 6 9 claims filed under section 622.93, interpreters' fees under 6 10 section 622B.7, uniform citation and complaint supplies under 6 11 section 805.6, and costs of prosecution under section 815.13. 6 12 Sec. 10. Section 331.653, subsection 35, Code Supplement 6 13 2001, is amended to read as follows: 6 14 35. Have charge of the county jails in the county and 6 15 custody of the prisoners committed to the jails as provided in 6 16 chapter 356, except if authority has been delegated to a 6 17 multicounty jail commission under chapter 356B. 6 18 Sec. 11. Section 356.1, unnumbered paragraph 1, Code 2001, 6 19 is amended to read as follows: 6 20 The jails in the several counties in the state shall be in 6 21 the charge of the respective sheriffs, or multicounty jail 6 22 commissions as provided in chapter 356B, and used as prisons: 6 23 Sec. 12. Section 356.1, Code 2001, is amended by adding 6 24 the following new unnumbered paragraph after unnumbered 6 25 paragraph 2: 6 26 NEW UNNUMBERED PARAGRAPH. The provisions of this chapter 6 27 extend to a multicounty jail established pursuant to chapter 6 28 356B. If a county is a party to a multicounty jail commission 6 29 agreement, references in this chapter to a county, a county- 6 30 sheriff, or a county jail shall be deemed to be references to 6 31 the multicounty jail commission or the multicounty jail, as 6 32 applicable. 6 33 Sec. 13. Section 356.2, Code 2001, is amended to read as 6 34 follows: 6 35 356.2 DUTY. 7 1 The sheriff shall have charge and custody of the prisoners 7 2 in the jail or other prisons of the sheriff's county, except 7 3 if authority has been delegated to a multicounty jail 7 4 commission under chapter 356B, and shall receive those 7 5 lawfully committed, and keep them until discharged by law. 7 6 DIVISION III 7 7 APPROPRIATION 7 8 Sec. 14. APPROPRIATION. There is appropriated from the 7 9 rebuild Iowa infrastructure fund to the department of 7 10 corrections, for the fiscal year beginning July 1, 2002, and 7 11 ending June 30, 2003, the following amount, or so much thereof 7 12 as is necessary, to be used for the purpose designated: 7 13 For deposit in the multicounty jail fund to be used for 7 14 multicounty jail grants or loans as provided in chapter 356B: 7 15 .................................................. $ 15,000,000 7 16 EXPLANATION 7 17 This bill relates to the creation of multicounty jails and 7 18 makes an appropriation. 7 19 The bill provides that two or more counties may establish a 7 20 multicounty jail. The bill provides that if a county enters 7 21 into an agreement with one or more other counties to 7 22 establish, operate, and maintain a multicounty jail, the 7 23 county is not required to maintain a separate place for the 7 24 confinement of prisioners. However, the bill provides that a 7 25 multicounty jail shall comply with the provisions of Code 7 26 chapter 356, relating to jails and municipal holding 7 27 facilities, and shall be considered a jail, except as provided 7 28 in this bill. 7 29 The bill establishes a multicounty jail board in the 7 30 department of corrections which shall be responsible for 7 31 making policy and implementing a multicounty jail program and 7 32 advising the department of corrections on administrative 7 33 rules. The board shall consist of five members, with one 7 34 member being appointed by the board of corrections, one member 7 35 appointed by the governor shall be from a list of county 8 1 supervisors recommended by the Iowa association of counties, 8 2 one member appointed by the governor from persons recommended 8 3 by the Iowa state sheriffs and deputies association, and two 8 4 members of the general public appointed by the governor. 8 5 The bill provides that if two or more counties want to 8 6 establish a multicounty jail, the counties shall create a 8 7 multicounty jail commission, and enter into a commission 8 8 agreement pursuant to Code chapter 28E to share responsibility 8 9 for establishing, operating, and maintaining the multicounty 8 10 jail. The bill provides that the commission agreement shall 8 11 include the allocation of members on the commission and the 8 12 procedure for joining and withdrawing from the agreement, and 8 13 a plan of operation, including the allocation of operating 8 14 costs. 8 15 The bill requires the commission agreement be approved by 8 16 the county board of supervisors and the county sheriff before 8 17 becoming effective for that particular county. The bill 8 18 provides that upon approval of the commission agreement by the 8 19 county sheriff, the sheriff shall delegate to the commission 8 20 the sheriff's authority to provide housing and care for 8 21 inmates in the custody of the sheriff. 8 22 The bill creates a multicounty jail fund in the state 8 23 treasury. The bill provides that the department of 8 24 corrections and the multicounty jail board shall administer 8 25 the fund. The bill appropriates $15 million to the department 8 26 of corrections for deposit in the fund. The bill provides 8 27 that moneys in the fund shall be used to provide for grants 8 28 and loans to multicounty jail commissions for establishing a 8 29 multicounty jail. 8 30 The bill provides that a commission may apply to the 8 31 multicounty jail board for a grant or loan, and that the 8 32 department of corrections may provide technical assistance to 8 33 a commission in developing a proposal to present to the board. 8 34 The bill provides that a grant or loan shall be awarded to 8 35 a commission based upon the following factors: a need for 9 1 additional or replacement beds, a willingness to confine state 9 2 inmates, the cost of the proposal, and the manner in which any 9 3 moneys are to be repaid. 9 4 The bill's provisions relating to the multicounty jail 9 5 board, the multicounty jail fund, and the application process 9 6 to receive moneys from the fund are repealed on June 30, 2009. 9 7 However, any agreement, grant, or loan in existence on June 9 8 30, 2009, shall continue to be valid and each party to such 9 9 agreement, grant, or loan is obligated to perform as required 9 10 under the agreement, grant, or loan. 9 11 LSB 5421SS 79 9 12 jm/cls/14
Text: SF02149 Text: SF02151 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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