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Senate Study Bill 1259

Bill Text

PAG LIN
  1  1    Section 1.  Section 135.11, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  26.  Establish and administer a substance
  1  4 abuse treatment facility pursuant to section 135.130.  
  1  5                          DIVISION XIII
  1  6    Sec. 2.  NEW SECTION.  135.130  SUBSTANCE ABUSE TREATMENT
  1  7 FACILITY FOR PERSONS ON PROBATION.
  1  8    1.  The director shall establish and operate a facility for
  1  9 the purpose of providing a structured treatment program for
  1 10 persons with a substance abuse problem who are on probation
  1 11 and under the supervision of a judicial district department of
  1 12 correctional services.  The department shall enter into an
  1 13 agreement pursuant to chapter 28E with the department of
  1 14 corrections for assistance in establishing security for the
  1 15 facility.  The department, in consultation with the department
  1 16 of corrections, shall adopt rules pursuant to chapter 17A to
  1 17 administer this section.  The rules adopted shall include
  1 18 rules related to the treatment requirements of the program.
  1 19    2.  A substance abuse treatment facility advisory council
  1 20 is established within the department to advise and make
  1 21 recommendations to the director regarding the establishment
  1 22 and operation of a facility for persons with a substance abuse
  1 23 problem who are on probation and to assist with the
  1 24 implementation of treatment programs that are proven to be
  1 25 effective for offenders.  The substance abuse treatment
  1 26 facility advisory council shall consist of the directors of
  1 27 the eight judicial district departments of correctional
  1 28 services and one representative each from the judicial branch,
  1 29 the Iowa department of public health, the department of
  1 30 corrections, and the governor's office of drug control policy.
  1 31    3.  The department, in consultation with the department of
  1 32 corrections and the advisory council, shall adopt rules
  1 33 pursuant to chapter 17A to establish and operate the facility.
  1 34    Sec. 3.  Section 136.3, subsection 7, Code 2001, is amended
  1 35 to read as follows:
  2  1    7.  Adopt, promulgate, amend, and repeal rules and
  2  2 regulations consistent with law for the protection of the
  2  3 public health and prevention of substance abuse, and for the
  2  4 guidance of the department.  All rules which have been or are
  2  5 hereafter adopted by the department shall be subject to
  2  6 approval by the board.  However, rules adopted by the
  2  7 commission on substance abuse for section 125.7, subsections 1
  2  8 and 7, and rules adopted by the department pursuant to section
  2  9 135.10 are not subject to approval by the board of health.
  2 10    Sec. 4.  Section 901B.1, subsection 1, paragraph c, Code
  2 11 2001, is amended by adding the following new subparagraph:
  2 12    NEW SUBPARAGRAPH.  (5)  A substance abuse treatment
  2 13 facility as established and operated by the Iowa department of
  2 14 public health.
  2 15    Sec. 5.  Section 901B.1, subsection 4, paragraph a, Code
  2 16 2001, is amended to read as follows:
  2 17    a.  The district department of correctional services shall
  2 18 place an individual committed to it under section 907.3 to the
  2 19 sanction and level of supervision which is appropriate to the
  2 20 individual based upon a current risk assessment evaluation.
  2 21 Placements may be to levels two and three of the corrections
  2 22 continuum.  The district department may, with the approval of
  2 23 the Iowa department of public health and the department of
  2 24 corrections, place an individual in a level three substance
  2 25 abuse treatment facility established pursuant to section
  2 26 135.130, to assist the individual in complying with a
  2 27 condition of probation.  The district department may, with the
  2 28 approval of the department of corrections, place an individual
  2 29 in a level four violator facility established pursuant to
  2 30 section 904.207 only as a penalty for a violation of a
  2 31 condition imposed under this section.
  2 32    Sec. 6.  APPROPRIATION FOR SUBSTANCE ABUSE TREATMENT
  2 33 FACILITY.  There is appropriated from the tobacco settlement
  2 34 endowment fund to the Iowa department of public health for the
  2 35 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  3  1 the following amount, or so much thereof as is necessary, for
  3  2 the purpose designated:
  3  3    For establishing and operating a substance abuse treatment
  3  4 facility and providing staffing for the facility to be used
  3  5 exclusively to provide substance abuse treatment for persons
  3  6 on probation and under the supervision of a judicial district
  3  7 department of correctional services:  
  3  8 .................................................. $  3,200,000
  3  9                           EXPLANATION
  3 10    This bill makes an appropriation from the tobacco
  3 11 settlement endowment fund to the Iowa department of public
  3 12 health for the establishment and operation of a substance
  3 13 abuse treatment facility for persons on probation.
  3 14    The bill provides that the department of public health
  3 15 shall establish a substance abuse treatment facility to
  3 16 provide a structured substance abuse treatment program for
  3 17 persons who are on probation and under the supervision of a
  3 18 judicial district department of correctional services.  The
  3 19 bill provides that the department of public health and the
  3 20 department of corrections shall enter into a Code chapter 28E
  3 21 agreement to assist the department in establishing security
  3 22 for the facility.  The bill provides that a judicial district
  3 23 may, with the approval of the department of public health and
  3 24 the department of corrections, place a person who is on
  3 25 probation at the substance abuse treatment facility to assist
  3 26 the person in complying with the terms and conditions of
  3 27 probation.
  3 28    The bill establishes a substance abuse treatment facility
  3 29 advisory council within the Iowa department of public health
  3 30 to advise and make recommendations to the director of public
  3 31 health.  The members of the council shall consist of the
  3 32 directors of the eight judicial district departments of
  3 33 correctional services, and representatives of the judicial
  3 34 branch, the Iowa department of public health, the department
  3 35 of corrections, and the governor's office of drug control
  4  1 policy.  
  4  2 LSB 3166XC 79
  4  3 jm/gg/8.2
     

Text: SSB01258                          Text: SSB01260
Text: SSB01200 - SSB01299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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