Text: HF00649 Text: HF00651 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 650 1 2 1 3 AN ACT 1 4 RELATING TO THE ASSESSMENT OF A CORRECTIONAL FEE BY A COUNTY 1 5 OR MUNICIPALITY, AND TO THE PROSECUTION OF CERTAIN CRIMINAL 1 6 OFFENSES COMMITTED IN A MUNICIPALITY LOCATED IN TWO OR MORE 1 7 COUNTIES. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 356.7, Code 2003, is amended to read as 1 12 follows: 1 13 356.7 CHARGE FOR ROOM AND BOARD – ENFORCEMENT PROCEDURES. 1 14 1. The county sheriff, or a municipality operating a 1 15 temporary municipal holding facility or jail, may charge a 1 16 prisoner who is eighteen years of age or older and who has 1 17 been convicted of a criminal offense or sentenced for contempt 1 18 of court for violation of a domestic abuse order for the 1 19 actual administrative costs relating to the arrest and booking 1 20 of that prisoner, and for room and board provided to the 1 21 prisoner while in the custody of the county sheriff or 1 22 municipality. Moneys collected by the sheriff or municipality 1 23 under this section shall be credited respectfully to the 1 24 county general fund or the city general fund and distributed 1 25 as provided in this section. If a prisoner who has been 1 26 convicted of a criminal offense or sentenced for contempt of 1 27 court for violation of a domestic abuse order fails to pay for 1 28 the administrative costs and the room and board, the sheriff 1 29 or municipality may file a room and board reimbursement claim 1 30 with the district court as provided in subsection 2. The 1 31 county attorney may file theroom and boardreimbursement 1 32 claim on behalf of the sheriff and the county or the 1 33 municipality. The attorney for the municipality may also file 1 34 a reimbursement claim on behalf of the municipality. This 1 35 section does not apply to prisoners who are paying for their 2 1 room and board by court order pursuant to sections 356.26 2 2 through 356.35. 2 3 2. The sheriff, municipality, or the county attorney, on 2 4 behalf of the sheriff, or the attorney for the municipality, 2 5 may file aroom and boardreimbursement claim with the clerk 2 6 of the district court which shall include all of the following 2 7 information, if known: 2 8 a. The name, date of birth, and social security number of 2 9 the person who is the subject of the claim. 2 10 b. The present address of the residence and principal 2 11 place of business of the person named in the claim. 2 12 c. The criminal proceeding pursuant to which the claim is 2 13 filed, including the name of the court, the title of the 2 14 action, and the court's file number. 2 15 d. The name and office address of thesheriff or the name2 16and office address of the county attorneyperson who is filing 2 17 the claimon behalf of the sheriff. 2 18 e. A statement that the notice is being filed pursuant to 2 19 this section. 2 20 f. The amount of room and board charges the person owes. 2 21 g. The amount of administrative costs the person owes. 2 22g.h. If the sheriff or municipality wishes to have the 2 23 amount of the claim for charges owed included within the 2 24 amount of restitution determined to be owed by the person, a 2 25 request that the amount owed be included within the order for 2 26 payment of restitution by the person. 2 27 3. Upon receipt of a claim forroom and board2 28 reimbursement, the court shall approve the claim in favor of 2 29 the sheriff or the county, or the municipality, for the amount 2 30 owed by the prisoner as identified in the claim and any fees 2 31 or charges associated with the filing or processing of the 2 32 claim with the court. The sheriff or municipality may choose 2 33 to enforce the claim in the manner provided in chapter 626. 2 34 Once approved by the court, the claim for the amount owed by 2 35 the person shall have the force and effect of a judgment for 3 1 purposes of enforcement by the sheriff or municipality. 3 2 However, irrespective of whether the judgment lien for the 3 3 amount of the claim has been perfected, the claim shall not 3 4 have priority over competing claims for child support 3 5 obligations owed by the person. 3 6 4. This section does not limit the right of the sheriff or 3 7 municipality to obtain any other remedy authorized by law. 3 8 5. Of the moneys collected and credited to the county 3 9 general fund as provided in this section, sixty percent of the 3 10 moneys collected shall be used for the following purposes: 3 11 a. Courthouse security equipment and law enforcement 3 12 personnel costs. 3 13 b. Infrastructure improvements of a jail, including new or 3 14 remodeling costs. 3 15 c. Infrastructure improvements of juvenile detention 3 16 facilities, including new or remodeling costs. 3 17 The sheriff may submit a plan or recommendations to the 3 18 county board of supervisors for the use of the funds as 3 19 provided in this subsection or the sheriff and board may 3 20 jointly develop a plan for the use of the funds. Subject to 3 21 the requirements of this subsection, funds may be used in the 3 22 manner set forth in an agreement entered into under chapter 3 23 28E. 3 24 The county board of supervisors shall review the plan or 3 25 recommendations submitted by the sheriff during the normal 3 26 budget process of the county. 3 27 6. Of the moneys collected and credited to the city 3 28 general fund as provided in this section, sixty percent of the 3 29 moneys collected shall be used for police or law enforcement 3 30 budget expenditures. 3 31 7. As used in this section, "administrative costs relating 3 32 to the arrest and booking of a prisoner" means those functions 3 33 or automated functions that are performed to receive a 3 34 prisoner into jail or a temporary holding facility including 3 35 the following: 4 1 a. Patting down and searching, booking, wristbanding, 4 2 bathing, clothing, fingerprinting, photographing, and medical 4 3 and dental screening. 4 4 b. Document preparation, retrieval, updating, filing, and 4 5 court scheduling. 4 6 c. Warrant service and processing. 4 7 d. Inventorying of a prisoner's money and subsequent 4 8 account creation. 4 9 e. Inventorying and storage of a prisoner's property and 4 10 clothing. 4 11 f. Management and supervision. 4 12 Sec. 2. Section 803.3, Code 2003, is amended by adding the 4 13 following new subsection: 4 14 NEW SUBSECTION. 4A. If a simple misdemeanor is committed 4 15 in a city which is located in two or more counties, venue 4 16 shall be in the county in which the seat of government of the 4 17 city is located. 4 18 Sec. 3. Section 805.13, subsection 1, Code 2003, is 4 19 amended to read as follows: 4 20 1. Traffic violations, whether or not scheduled, and all 4 21 other scheduled violations may be tried before the nearest 4 22 magistrate in the judicial district in which the offense is 4 23 committed, or if the offense occurred in a city which is 4 24 located in two counties, the violation shall be tried in the 4 25 county in which the seat of government of the city is located. 4 26 Sec. 4. Section 910.3, Code 2003, is amended to read as 4 27 follows: 4 28 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 4 29 The county attorney shall prepare a statement of pecuniary 4 30 damages to victims of the defendant and, if applicable, any 4 31 award by the crime victim compensation program and expenses 4 32 incurred by public agencies pursuant to section 321J.2, 4 33 subsection 9, paragraph "b", and shall provide the statement 4 34 to the presentence investigator or submit the statement to the 4 35 court at the time of sentencing. The clerk of court shall 5 1 prepare a statement of court-appointed attorney fees ordered 5 2 pursuant to section 815.9, including the expense of a public 5 3 defender, and court costs including correctional fees claimed 5 4 by a sheriff or municipality pursuant to section 356.7, which 5 5 shall be provided to the presentence investigator or submitted 5 6 to the court at the time of sentencing. If these statements 5 7 are provided to the presentence investigator, they shall 5 8 become a part of the presentence report. If pecuniary damage 5 9 amounts are not available at the time of sentencing, the 5 10 county attorney shall provide a statement of pecuniary damages 5 11 incurred up to that time to the clerk of court. The statement 5 12 shall be provided no later than thirty days after sentencing. 5 13 If a defendant believes no person suffered pecuniary damages, 5 14 the defendant shall so state. If the defendant has any mental 5 15 or physical impairment which would limit or prohibit the 5 16 performance of a public service, the defendant shall so state. 5 17 The court may order a mental or physical examination, or both, 5 18 of the defendant to determine a proper course of action. At 5 19 the time of sentencing or at a later date to be determined by 5 20 the court, the court shall set out the amount of restitution 5 21 including the amount of public service to be performed as 5 22 restitution and the persons to whom restitution must be paid. 5 23 If the full amount of restitution cannot be determined at the 5 24 time of sentencing, the court shall issue a temporary order 5 25 determining a reasonable amount for restitution identified up 5 26 to that time. At a later date as determined by the court, the 5 27 court shall issue a permanent, supplemental order, setting the 5 28 full amount of restitution. The court shall enter further 5 29 supplemental orders, if necessary. These court orders shall 5 30 be known as the plan of restitution. 5 31 Sec. 5. Section 910.9, unnumbered paragraph 3, Code 2003, 5 32 is amended to read as follows: 5 33 Fines, penalties, and surcharges, crime victim compensation 5 34 program reimbursement, public agency restitution, court costs 5 35 including correctional fees claimed by a sheriff or 6 1 municipality pursuant to section 356.7, and court-appointed 6 2 attorney fees ordered pursuant to section 815.9, including the 6 3 expenses for public defenders, shall not be withheld by the 6 4 clerk of court until all victims have been paid in full. 6 5 Payments to victims shall be made by the clerk of court at 6 6 least quarterly. Payments by a clerk of court shall be made 6 7 no later than the last business day of the quarter, but may be 6 8 made more often at the discretion of the clerk of court. The 6 9 clerk of court receiving final payment from an offender shall 6 10 notify all victims that full restitution has been made. Each 6 11 office or individual charged with supervising an offender who 6 12 is required to perform community service as full or partial 6 13 restitution shall keep records to assure compliance with the 6 14 portions of the plan of restitution and restitution plan of 6 15 payment relating to community service and, when the offender 6 16 has complied fully with the community service requirement, 6 17 notify the sentencing court. 6 18 6 19 6 20 6 21 CHRISTOPHER C. RANTS 6 22 Speaker of the House 6 23 6 24 6 25 6 26 MARY E. KRAMER 6 27 President of the Senate 6 28 6 29 I hereby certify that this bill originated in the House and 6 30 is known as House File 650, Eightieth General Assembly. 6 31 6 32 6 33 6 34 MARGARET THOMSON 6 35 Chief Clerk of the House 7 1 Approved , 2003 7 2 7 3 7 4 7 5 THOMAS J. VILSACK 7 6 Governor
Text: HF00649 Text: HF00651 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 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: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/HF/00600/HF00650/030424.html
jhf