Text: HF02366 Text: HF02368 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2367 1 2 1 3 AN ACT 1 4 RELATING TO VARIOUS ISSUES UNDER THE PURVIEW OF THE DEPARTMENT 1 5 OF CORRECTIONS INCLUDING THE CREATION OF AN INMATE LABOR 1 6 FUND. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 901.4, Code Supplement 2003, is amended 1 11 to read as follows: 1 12 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 1 13 DISTRIBUTION. 1 14 The presentence investigation report is confidential and 1 15 the court shall provide safeguards to ensure its 1 16 confidentiality, including but not limited to sealing the 1 17 report, which may be opened only by further court order. At 1 18 least three days prior to the date set for sentencing, the 1 19 court shall serve all of the presentence investigation report 1 20 upon the defendant's attorney and the attorney for the state, 1 21 and the report shall remain confidential except upon court 1 22 order. However, the court may conceal the identity of the 1 23 person who provided confidential information. The report of a 1 24 medical examination or psychological or psychiatric evaluation 1 25 shall be made available to the attorney for the state and to 1 26 the defendant upon request. The reports are part of the 1 27 record but shall be sealed and opened only on order of the 1 28 court. If the defendant is committed to the custody of the 1 29 Iowa department of corrections and is not a class "A" felon, a 1 30 copy of the presentence investigation report shall be 1 31 forwarded by ordinary or electronic mail to the director with 1 32 the order of commitment by the clerk of the district court and 1 33 to the board of parole at the time of commitment. Pursuant to 1 34 section 904.602, the presentence investigation report may also 1 35 be released by ordinary or electronic mail by the department 2 1 of corrections or a judicial district department of 2 2 correctional services to another jurisdiction for the purpose 2 3 of providing interstate probation and parole compact services 2 4 or evaluations, or to a substance abuse or mental health 2 5 services provider when referring a defendant for services. 2 6 The defendant or the defendant's attorney may file with the 2 7 presentence investigation report, a denial or refutation of 2 8 the allegations, or both, contained in the report. The denial 2 9 or refutation shall be included in the report. If the person 2 10 is sentenced for an offense which requires registration under 2 11 chapter 692A, the court shall release the report by ordinary 2 12 or electronic mail to the department which is responsible 2 13 under section 692A.13A for performing the assessment of risk. 2 14 Sec. 2. Section 904.201, subsections 2, 6, and 7, Code 2 15 2003, are amended to read as follows: 2 16 2. Thesuperintendent of the centermedical director of 2 17 the department or the medical director's designee shall secure 2 18 the professional care and treatment of each person confined at 2 19 the center and maintain a complete record on the condition of 2 20 each person confined at the center. 2 21 6. All admissions to the forensic psychiatric hospital 2 22 shall be by written application only. Application shall be 2 23 made by the head of the state institution, agency, 2 24 governmental body, or court requesting admission to the 2 25superintendent of the centermedical director of the 2 26 department or the medical director's designee. An application 2 27 may be denied bythe superintendentthe medical director of 2 28 the department or the medical director's designee, with the 2 29 approval of the director, if the admission will result in an 2 30 overcrowded condition or if adequate staff or facilities are 2 31 not available. The decision regarding admission and discharge 2 32 of persons shall be made by thesuperintendent of the center2 33 medical director of the department or the medical director's 2 34 designee, subject to approval of the director. 2 35 7. When a person transferred to the center from any other 3 1 state institution or admitted by request or order of any 3 2 agency, governmental body, or court no longer requires special 3 3 treatment in the security setting, the person may be returned 3 4 to the source from which received. The state institution, 3 5 agency, governmental body, or court that referred the person 3 6 for hospitalization shall retain constructive jurisdiction 3 7 over the person. Persons without legal encumbrances may be 3 8 discharged directly from the center upon concurrence of the 3 9superintendent of the centermedical director of the 3 10 department or the medical director's designee and the head of 3 11 the referring institution, agency, governmental body, or 3 12 court. The support, commitment, and release statutes 3 13 applicable to a person at the state institution from which 3 14 transferred shall remain applicable while the person is at the 3 15 center. 3 16 Sec. 3. Section 904.703, Code 2003, is amended to read as 3 17 follows: 3 18 904.703 SERVICES OF INMATES – INSTITUTIONS AND PUBLIC 3 19 SERVICE – INMATE LABOR FUND. 3 20 1. Inmates shall work on state account in the maintenance 3 21 of state institutions, in the erection, repair, authorized 3 22 demolition, or operation of buildings and works used in 3 23 connection with the institutions, and in industries 3 24 established and maintained in connection with the institutions 3 25 by the director. The director shall encourage the making of 3 26 agreements, including chapter 28E agreements, with departments 3 27 and agencies of the state or its political subdivisions to 3 28 provide products or services under an inmate work program to 3 29 the departments and agencies. The director may implement an 3 30 inmate work program for trustworthy inmates of state 3 31 correctional institutions, under proper supervision, whether 3 32 at work centers located outside the state correctional 3 33 institutions or in construction or maintenance work at public 3 34 or charitable facilities and for other agencies of state, 3 35 county, or local government. The supervision, security, and 4 1 transportation of, and allowances paid to inmates used in 4 2 public service projects shall be provided pursuant to 4 3 agreements, including chapter 28E agreements, made by the 4 4 director and the agency for which the work is done. Housing 4 5 and maintenance shall also be provided pursuant to the 4 6 agreement, including a chapter 28E agreement, unless the 4 7 inmate is housed and maintained in the correctional facility. 4 8 All such work, including but not limited to that provided in 4 9 this section, shall have as its primary purpose the 4 10 development of attitudes, skills, and habit patterns which are 4 11 conducive to inmate rehabilitation. The director may adopt 4 12 rules allowing inmates participating in an inmate work program 4 13 to receive educational or vocational training outside the 4 14 state correctional institutions and away from the work centers 4 15 or public or charitable facilities used under a program. 4 16However, an2. An inmate shall not work in a public 4 17 service project if the work of that inmate would replace a 4 18 person employed by the state agency or political subdivision, 4 19 which employee is performing the work of the public service 4 20 project at the time the inmate is being considered for work in 4 21 the project. 4 22 3. An inmate labor fund is established under the control 4 23 of the department. All fees, grants, appropriations, or 4 24 reimbursed costs received by the department and related to 4 25 inmate labor shall be deposited into the fund and the moneys 4 26 shall be used by the department to offset staff and 4 27 transportation costs related to providing inmate labor, to 4 28 public entities. Notwithstanding section 8.33, moneys 4 29 remaining in the fund at the end of a fiscal year shall not 4 30 revert to the general fund of the state. Notwithstanding 4 31 section 12C.7, interest and earnings deposited in the fund 4 32 shall be credited to the fund. 4 33 4 34 4 35 5 1 CHRISTOPHER C. RANTS 5 2 Speaker of the House 5 3 5 4 5 5 5 6 JEFFREY M. LAMBERTI 5 7 President of the Senate 5 8 5 9 I hereby certify that this bill originated in the House and 5 10 is known as House File 2367, Eightieth General Assembly. 5 11 5 12 5 13 5 14 MARGARET THOMSON 5 15 Chief Clerk of the House 5 16 Approved , 2004 5 17 5 18 5 19 5 20 THOMAS J. VILSACK 5 21 Governor
Text: HF02366 Text: HF02368 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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