Text: SSB01151 Text: SSB01153 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 229A.12A COUNTY RESPONSIBILITY 1 2 OF CONFINEMENT COSTS. 1 3 If a person is placed in an appropriate secure facility 1 4 prior to a determination of whether the person is a sexually 1 5 violent predator, and if the person was confined at a jail or 1 6 correctional institution before the placement, the county in 1 7 which the person was convicted or charged that resulted in the 1 8 confinement at the jail or correctional institution, shall be 1 9 responsible for paying the costs of confining the person until 1 10 the person is released by court order or committed to the 1 11 custody of the director of the department of human services 1 12 under section 229A.7. If a person is placed in an appropriate 1 13 secure facility prior to being determined a sexually violent 1 14 predator, and the person is not confined, or confined but not 1 15 confined in a county jail or correctional institution, the 1 16 responsibility for paying the costs of confining the person in 1 17 the facility shall be determined in the same manner as 1 18 provided in section 230.1. The amount to be reimbursed to the 1 19 department shall be determined by multiplying the number of 1 20 days a person is confined by the average daily cost of food, 1 21 clothing, utilities, and supplies for confining a person in 1 22 the appropriate secure facility as negotiated with the 1 23 department. The amount to be reimbursed shall not exceed 1 24 twenty-five dollars per day. In addition, the department may 1 25 be reimbursed for personnel costs if the department hires 1 26 additional personnel above the average annual staffing 1 27 required to operate the facility. 1 28 Sec. 2. Section 704.8, Code 2001, is amended to read as 1 29 follows: 1 30 704.8 ESCAPE FROM PLACE OF CONFINEMENT. 1 31 A correctional officer or peace officer is justified in 1 32 using reasonable force, including deadly force, which is 1 33 necessary to prevent the escape of any person from any jail, 1 34 penal institution, correctional facility, or similar place of 1 35 confinement, or place of trial or other judicial proceeding, 2 1 or to prevent the escape from custody of any person who is 2 2 being transported from any such place of confinement, trial or 2 3 judicial proceeding to any other such place, except that 2 4 deadly forcemayshall not be used to prevent the escape of 2 5 one who the correctional officer or peace officer knowsor2 6should knowis confined on a charge or conviction of any class 2 7 of misdemeanor. 2 8 Sec. 3. Section 904.202, Code 2001, is amended to read as 2 9 follows: 2 10 904.202 INTAKE AND CLASSIFICATION CENTER. 2 11 The director may provide facilities and personnel for a 2 12 diagnostic intake and classification center. The work of the 2 13 center shall include a scientific study of each inmate, the 2 14 inmate's career and life history, the causes of the inmate's 2 15 criminal acts and recommendations for the inmate's custody, 2 16 care, training, employment, and counseling with a view to 2 17 rehabilitation and to the protection of society. To 2 18 facilitate the work of the center and to aid in the 2 19 rehabilitation of the inmates, the trial judge, prosecuting 2 20 attorney, and presentence investigators shall furnish the 2 21 directorupon requestwith any previously authorized 2 22 presentence investigation report and a full statement of facts 2 23 and circumstances attending the commission of the offense so 2 24 far as known or believed by them. If the department develops 2 25 and utilizes an inmate classification system, it must, within 2 26 a reasonable time, present evidence from independent experts 2 27 as to the effectiveness and validity of the classification 2 28 system. 2 29 Sec. 4. NEW SECTION. 904.303A TRAINING FUND. 2 30 A training fund is established under the control of the 2 31 department. The director shall provide training to all new 2 32 officers or employees of the department free of charge. The 2 33 department shall also offer in-service training which shall 2 34 include classes for officers and employees in the areas of 2 35 safety, first aid, emergency preparedness, and any other 3 1 appropriate class determined by the director. Employees of a 3 2 judicial district may also attend any in-service training 3 3 offered by the department. The department may recover from 3 4 the correctional institution or judicial district, the actual 3 5 costs of planning and conducting the training classes, if an 3 6 employee of the institution or judicial district attends an 3 7 in-service training class. The costs that may be recovered by 3 8 the department include the costs of course development, 3 9 training materials, equipment and facility rental, 3 10 instruction, and administration. Moneys received as 3 11 reimbursement of the costs shall be deposited in the training 3 12 fund for use in conducting future training classes. All cost 3 13 reimbursement moneys, grants, or appropriations related to 3 14 training shall be deposited in the fund. Notwithstanding 3 15 section 8.33, moneys remaining in the training fund at the end 3 16 of a fiscal year shall not revert to the general fund of the 3 17 state. Notwithstanding section 12C.7, interest and earnings 3 18 deposited in the training fund shall be credited to the 3 19 training fund. 3 20 Sec. 5. Section 904.405, Code 2001, is amended to read as 3 21 follows: 3 22 904.405 TRANSCRIPT OF TESTIMONY. 3 23 The director shall cause the testimony taken at the 3 24 investigation to betranscribed andrecorded. The recording 3 25 of the testimony shall not be transcribed unless the testimony 3 26 is part of a case that is appealed or an interested party 3 27 requests a transcript and pays the cost of preparing the 3 28 transcript. The recording of the testimony, or the 3 29 transcription thereof, shall be filed and maintained in the 3 30 director's office at the seat of governmentwithin ten days3 31after the testimony is taken, or as soon as practicable, and3 32when filed the testimony shall be open for the inspection of3 33any personfor at least five years from the date the testimony 3 34 is taken or the date of a final decision in a case involving 3 35 the testimony, whichever is later. 4 1 Sec. 6. Section 904.513, subsection 2, Code 2001, is 4 2 amended to read as follows: 4 3 2. Upon request by the director a county shall provide 4 4 temporary confinement for offenders allegedly violating the 4 5 conditions of assignment to a program under this chapter, if 4 6 space is available in the county. The department shall 4 7 negotiate a reimbursement rate with each county. The amount 4 8 to be reimbursed shall be determined by multiplying the number 4 9 of days a person is confined by the average daily cost of 4 10 food, clothing, utilities, and supplies for confining a person 4 11 in the county facility as negotiated with the department. The 4 12 amount to be reimbursed shall not exceed twenty-five dollars 4 13 per day. In addition, the county may be reimbursed for 4 14 personnel costs if the county hires additional personnel above 4 15 the average annual staffing required to operate the jail. A 4 16 county holding offenders in jail due to insufficient space in 4 17 a community residential facility shall be reimbursed. Payment 4 18 shall be made upon submission of a voucher executed by the 4 19 sheriff and approved by the director. 4 20 Sec. 7. Section 904.808, subsection 1, paragraph b, Code 4 21 2001, is amended to read as follows: 4 22 b. When the state director releases, in writing, the 4 23 obligation of the department or agency to purchase the product 4 24 from Iowa state industries, after determining that Iowa state 4 25 industries is unable to meet the performance characteristics 4 26 of the purchase request for the product, and a copy of the 4 27 release is attached to the request to the director of revenue 4 28 and finance for payment for a similar product, or when Iowa 4 29 state industries is unable to furnish needed products, 4 30 comparable in both quality and price to those available from 4 31 alternative sources, within a reasonable length of time. 4 32 However, if requested by Iowa state industries, a department 4 33 or agency shall provide a listing of and specifications for 4 34 all products to be purchased during the next quarter including 4 35 the date the order must be completed and delivered. Iowa 5 1 state industries must have a minimum of forty-five days to 5 2 complete and deliver any order for which a listing of and 5 3 specifications for products is requested from the department 5 4 or agency. Any disputes arising between a purchasing 5 5 department or agency and Iowa state industries regarding 5 6 similarity of products, or comparability of quality or price, 5 7 or the availability of the product, shall be referred to the 5 8 director of the department of general services, whose decision 5 9 shall be subject to appeal as provided in section 18.7. 5 10 However, if the purchasing department is the department of 5 11 general services, any matter which would be referred to the 5 12 director under this paragraph shall be referred to the 5 13 executive council in the same manner as if the matter were to 5 14 be heard by the director of the department of general 5 15 services. The decision of the executive council is final. 5 16 Sec. 8. Section 904.908, subsection 2, Code 2001, is 5 17 amended to read as follows: 5 18 2. The Iowa department of corrections shall negotiate a 5 19 reimbursement rate with each county for the temporary 5 20 confinement of alleged violators of work release conditions 5 21 who are in the custody of the director of the Iowa department 5 22 of corrections or who are housed or supervised by the judicial 5 23 district department of correctional services. The amount to 5 24 be reimbursed shall be determined by multiplying the number of 5 25 days a person is confined by the average daily cost of food, 5 26 clothing, utilities, and supplies for confining a person in 5 27 the county facility as negotiated with the department. The 5 28 amount to be reimbursed shall not exceed twenty-five dollars 5 29 per day. In addition, the county may be reimbursed for 5 30 personnel costs if the county hires additional personnel above 5 31 the average annual staffing required to operate the jail. 5 32 Payment shall be made upon submission of a voucher executed by 5 33 the sheriff and approved by the director of the Iowa 5 34 department of corrections. 5 35 Sec. 9. Section 906.17, subsection 2, Code 2001, is 6 1 amended to read as follows: 6 2 2. The Iowa department of corrections shall reimburse a 6 3 county for the temporary confinement of alleged parole 6 4 violators. The amount to be reimbursed shall be determined by 6 5 multiplying the number of days confined by the average daily 6 6 cost of food, clothing, utilities, and supplies for confining 6 7 a person in the county facility as negotiated by the 6 8 department. The amount to be reimbursed shall not exceed 6 9 twenty-five dollars per day. In addition, the county may be 6 10 reimbursed for personnel costs if the county hires additional 6 11 personnel above the average annual staffing required to 6 12 operate the jail. Payment shall be made upon submission of a 6 13 voucher executed by the sheriff and approved by the director 6 14 of the Iowa department of corrections. 6 15 EXPLANATION 6 16 This bill makes several changes to statutory provisions 6 17 involving the department of corrections. 6 18 The bill provides that if a person is placed in an 6 19 appropriate secure facility prior to being determined a 6 20 sexually violent predator, and if the person was confined at a 6 21 jail or correctional institution before the placement, the 6 22 county in which the person was convicted or charged, that 6 23 resulted in the confinement at the jail or correctional 6 24 institution, shall be responsible for paying the costs of 6 25 confining the person until released by court order or 6 26 committed to the custody of the director of the department of 6 27 human services under Code section 229A.7. The bill provides 6 28 that if a person is placed in a secure facility prior to being 6 29 determined a sexually violent predator, and the person is not 6 30 confined, or confined but not confined in a county jail or 6 31 correctional institution, the responsibility for paying the 6 32 costs of confining the person shall be as provided in Code 6 33 section 230.1. The bill provides that the department may be 6 34 reimbursed by the county at a maximum rate of $25 per day for 6 35 each person confined in the facility. The bill also provides 7 1 that the department may be reimbursed from the counties for 7 2 additional personnel costs related to confining each person, 7 3 if the department hires additional personnel that are above 7 4 the annual staffing needs for operating the appropriate secure 7 5 facility. 7 6 The bill amends Code section 704.8 to provide that a 7 7 correctional or peace officer may use reasonable force, 7 8 including deadly force, against an inmate attempting to escape 7 9 unless the officer knows the inmate is confined due to a 7 10 misdemeanor charge or conviction. Under existing law, the 7 11 officer is prohibited from using deadly force to prevent an 7 12 escape of an inmate if the officer knows or should know the 7 13 inmate is confined due to a misdemeanor charge or conviction. 7 14 Code section 904.202 is amended to require that trial 7 15 judges, prosecuting attorneys, and presentence investigators 7 16 provide the director of the department of corrections with any 7 17 previously authorized presentence investigation on any inmate 7 18 sent to the Oakdale intake and classification center of the 7 19 department of corrections. 7 20 The bill establishes a training fund in Code section 7 21 904.303A. The bill provides that the department of 7 22 corrections shall provide training to new officers and 7 23 employees of the department free of charge. The bill also 7 24 requires the department to offer in-service training to 7 25 employees, including employees of a judicial district, in the 7 26 areas of safety, first aid, emergency preparedness, and any 7 27 other appropriate course determined by the director. The bill 7 28 provides that if an employee of a correctional institution or 7 29 a judicial district attends an in-service class, the 7 30 department may recover the actual and administrative costs of 7 31 planning and conducting the class from the institution or 7 32 judicial district. The bill provides that any moneys 7 33 remaining in the fund at the end of the fiscal year shall not 7 34 revert to the general fund. 7 35 Code section 904.405, governing the transcription of 8 1 testimony for certain investigations conducted by the 8 2 department of corrections, is amended to allow the testimony 8 3 to be recorded and not transcribed. If the case involving the 8 4 testimony is appealed, or an interested person so requests and 8 5 pays the cost, the recording will be transcribed. The 8 6 recording, or transcription if applicable, will remain on file 8 7 for at least five years following the date of the testimony or 8 8 the date of a final decision in a case involving the 8 9 testimony, whichever is later. 8 10 The bill amends Code section 904.808 relating to 8 11 departmental and agency purchasing from Iowa state industries. 8 12 The bill provides that Iowa state industries may request from 8 13 a department or an agency, a listing of and specifications for 8 14 all products to be purchased during the next quarter, 8 15 including the date the order must be completed and delivered. 8 16 The bill further provides that if Iowa state industries 8 17 requests a complete listing of products prior to the next 8 18 business quarter, then Iowa state industries has a minimum of 8 19 45 days to complete and deliver such an order. 8 20 Code sections 904.513, 904.908, and 906.17, relating to the 8 21 reimbursement rate for confinement of state prisoners at 8 22 county jails, are amended. The bill provides that the county 8 23 may be reimbursed by the state at a maximum rate of $25 per 8 24 day for each state prisoner confined at a county jail for 8 25 violations by OWI offenders, parolees, and persons on work 8 26 release. Under current law, the department of corrections 8 27 negotiates the reimbursement rate with each county. The bill 8 28 also provides that a county may be reimbursed by the state for 8 29 additional personnel costs related to confining state 8 30 prisoners, if the county hires additional personnel that are 8 31 above the average annual staffing needs for operating the 8 32 jail. 8 33 LSB 1131DP 79 8 34 jm/pj/5.1
Text: SSB01151 Text: SSB01153 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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