Text: HSB00236 Text: HSB00238 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 356.7, Code 2003, is amended to read as 1 2 follows: 1 3 356.7 CHARGE FOR ROOM AND BOARD – ENFORCEMENT PROCEDURES. 1 4 1. The county sheriff, or a municipality operating a 1 5 temporary municipal holding facility or jail, may charge a 1 6 prisoner who is eighteen years of age or older and who has 1 7 been convicted of a criminal offense or sentenced for contempt 1 8 of court for violation of a domestic abuse order for the 1 9 actual administrative costs relating to the arrest and booking 1 10 of that prisoner, and for room and board provided to the 1 11 prisoner while in the custody of the county sheriff or 1 12 municipality. Moneys collected by the sheriff or municipality 1 13 under this section shall be credited respectfully to the 1 14 county general fund or the city general fund and distributed 1 15 as provided in this section. If a prisoner who has been 1 16 convicted of a criminal offense or sentenced for contempt of 1 17 court for violation of a domestic abuse order fails to pay for 1 18 the administrative costs and the room and board, the sheriff 1 19 or municipality may file a room and board reimbursement claim 1 20 with the district court as provided in subsection 2. The 1 21 county attorney may file theroom and boardreimbursement 1 22 claim on behalf of the sheriff and the county or the 1 23 municipality. The attorney for the municipality may also file 1 24 a reimbursement claim on behalf of the municipality. This 1 25 section does not apply to prisoners who are paying for their 1 26 room and board by court order pursuant to sections 356.26 1 27 through 356.35. 1 28 2. The sheriff, municipality, or the county attorney, on 1 29 behalf of the sheriff, or the attorney for the municipality, 1 30 may file aroom and boardreimbursement claim with the clerk 1 31 of the district court which shall include all of the following 1 32 information, if known: 1 33 a. The name, date of birth, and social security number of 1 34 the person who is the subject of the claim. 1 35 b. The present address of the residence and principal 2 1 place of business of the person named in the claim. 2 2 c. The criminal proceeding pursuant to which the claim is 2 3 filed, including the name of the court, the title of the 2 4 action, and the court's file number. 2 5 d. The name and office address of thesheriff or the name2 6and office address of the county attorneyperson who is filing 2 7 the claimon behalf of the sheriff. 2 8 e. A statement that the notice is being filed pursuant to 2 9 this section. 2 10 f. The amount of room and board charges the person owes. 2 11 g. The amount of administrative costs the person owes. 2 12g.h. If the sheriff or municipality wishes to have the 2 13 amount of the claim for charges owed included within the 2 14 amount of restitution determined to be owed by the person, a 2 15 request that the amount owed be included within the order for 2 16 payment of restitution by the person. 2 17 3. Upon receipt of a claim forroom and board2 18 reimbursement, the court shall approve the claim in favor of 2 19 the sheriff or the county, or the municipality, for the amount 2 20 owed by the prisoner as identified in the claim and any fees 2 21 or charges associated with the filing or processing of the 2 22 claim with the court. The sheriff or municipality may choose 2 23 to enforce the claim in the manner provided in chapter 626. 2 24 Once approved by the court, the claim for the amount owed by 2 25 the person shall have the force and effect of a judgment for 2 26 purposes of enforcement by the sheriff or municipality. 2 27 However, irrespective of whether the judgment lien for the 2 28 amount of the claim has been perfected, the claim shall not 2 29 have priority over competing claims for child support 2 30 obligations owed by the person. 2 31 4. This section does not limit the right of the sheriff or 2 32 municipality to obtain any other remedy authorized by law. 2 33 5. Of the moneys collected and credited to the county 2 34 general fund as provided in this section, sixty percent of the 2 35 moneys collected shall be used for the following purposes: 3 1 a. Courthouse security equipment and law enforcement 3 2 personnel costs. 3 3 b. Infrastructure improvements of a jail, including new or 3 4 remodeling costs. 3 5 c. Infrastructure improvements of juvenile detention 3 6 facilities, including new or remodeling costs. 3 7 The sheriff may submit a plan or recommendations to the 3 8 county board of supervisors for the use of the funds as 3 9 provided in this subsection or the sheriff and board may 3 10 jointly develop a plan for the use of the funds. Subject to 3 11 the requirements of this subsection, funds may be used in the 3 12 manner set forth in an agreement entered into under chapter 3 13 28E. 3 14 The county board of supervisors shall review the plan or 3 15 recommendations submitted by the sheriff during the normal 3 16 budget process of the county. 3 17 6. Of the moneys collected and credited to the city 3 18 general fund as provided in this section, sixty percent of the 3 19 moneys collected shall be used for police or law enforcement 3 20 budget expenditures. 3 21 7. As used in this section, "administrative costs relating 3 22 to the arrest and booking of a prisoner" means those functions 3 23 or automated functions that are performed to receive a 3 24 prisoner into jail or a temporary holding facility including 3 25 the following: 3 26 a. Patting down and searching, booking, wristbanding, 3 27 bathing, clothing, fingerprinting, photographing, and medical 3 28 and dental screening. 3 29 b. Document preparation, retrieval, updating, filing, and 3 30 court scheduling. 3 31 c. Warrant service and processing. 3 32 d. Inventorying of a prisoner's money and subsequent 3 33 account creation. 3 34 e. Inventorying and storage of a prisoner's property and 3 35 clothing. 4 1 f. Management and supervision. 4 2 Sec. 2. Section 910.3, Code 2003, is amended to read as 4 3 follows: 4 4 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 4 5 The county attorney shall prepare a statement of pecuniary 4 6 damages to victims of the defendant and, if applicable, any 4 7 award by the crime victim compensation program and expenses 4 8 incurred by public agencies pursuant to section 321J.2, 4 9 subsection 9, paragraph "b", and shall provide the statement 4 10 to the presentence investigator or submit the statement to the 4 11 court at the time of sentencing. The clerk of court shall 4 12 prepare a statement of court-appointed attorney fees ordered 4 13 pursuant to section 815.9, including the expense of a public 4 14 defender, and court costs including correctional fees claimed 4 15 by a sheriff or municipality pursuant to section 356.7, which 4 16 shall be provided to the presentence investigator or submitted 4 17 to the court at the time of sentencing. If these statements 4 18 are provided to the presentence investigator, they shall 4 19 become a part of the presentence report. If pecuniary damage 4 20 amounts are not available at the time of sentencing, the 4 21 county attorney shall provide a statement of pecuniary damages 4 22 incurred up to that time to the clerk of court. The statement 4 23 shall be provided no later than thirty days after sentencing. 4 24 If a defendant believes no person suffered pecuniary damages, 4 25 the defendant shall so state. If the defendant has any mental 4 26 or physical impairment which would limit or prohibit the 4 27 performance of a public service, the defendant shall so state. 4 28 The court may order a mental or physical examination, or both, 4 29 of the defendant to determine a proper course of action. At 4 30 the time of sentencing or at a later date to be determined by 4 31 the court, the court shall set out the amount of restitution 4 32 including the amount of public service to be performed as 4 33 restitution and the persons to whom restitution must be paid. 4 34 If the full amount of restitution cannot be determined at the 4 35 time of sentencing, the court shall issue a temporary order 5 1 determining a reasonable amount for restitution identified up 5 2 to that time. At a later date as determined by the court, the 5 3 court shall issue a permanent, supplemental order, setting the 5 4 full amount of restitution. The court shall enter further 5 5 supplemental orders, if necessary. These court orders shall 5 6 be known as the plan of restitution. 5 7 Sec. 3. Section 910.9, unnumbered paragraph 3, Code 2003, 5 8 is amended to read as follows: 5 9 Fines, penalties, and surcharges, crime victim compensation 5 10 program reimbursement, public agency restitution, court costs 5 11 including correctional fees claimed by a sheriff or 5 12 municipality pursuant to section 356.7, and court-appointed 5 13 attorney fees ordered pursuant to section 815.9, including the 5 14 expenses for public defenders, shall not be withheld by the 5 15 clerk of court until all victims have been paid in full. 5 16 Payments to victims shall be made by the clerk of court at 5 17 least quarterly. Payments by a clerk of court shall be made 5 18 no later than the last business day of the quarter, but may be 5 19 made more often at the discretion of the clerk of court. The 5 20 clerk of court receiving final payment from an offender shall 5 21 notify all victims that full restitution has been made. Each 5 22 office or individual charged with supervising an offender who 5 23 is required to perform community service as full or partial 5 24 restitution shall keep records to assure compliance with the 5 25 portions of the plan of restitution and restitution plan of 5 26 payment relating to community service and, when the offender 5 27 has complied fully with the community service requirement, 5 28 notify the sentencing court. 5 29 EXPLANATION 5 30 This bill relates to the assessment of a correctional fee 5 31 by a county or municipality. 5 32 The bill provides that a municipality operating a temporary 5 33 holding facility or jail and the county operating the county 5 34 jail may collect a fee for administrative costs related to 5 35 admitting a prisoner into the jail or facility. The 6 1 administrative costs include the costs related to booking, 6 2 photographing, fingerprinting, searching, bathing, clothing, 6 3 and to medical and dental screening. Under the bill 6 4 administrative costs also include document preparation, 6 5 inventorying a prisoner's property, and general management and 6 6 supervision of the jail or facility. 6 7 The bill also provides that a municipality operating a 6 8 temporary holding facility or jail may charge a prisoner room 6 9 and board. Current law provides that only a county jail may 6 10 charge room and board. 6 11 Moneys collected by a municipality under the bill shall be 6 12 deposited into the city general fund, and 60 percent of the 6 13 funds deposited into the fund shall be expended on police and 6 14 law enforcement. Current law provides that moneys collected 6 15 by the county shall be deposited into the county general fund, 6 16 and that 60 percent of the funds deposited be expended on 6 17 courthouse security and infrastructure improvements of the 6 18 county jail or juvenile detention facility. 6 19 LSB 2424HC 80 6 20 jm/pj/5
Text: HSB00236 Text: HSB00238 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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