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PAG LIN 1 1 Section 1. Section 901.4, Code Supplement 2003, is amended 1 2 to read as follows: 1 3 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 1 4 DISTRIBUTION. 1 5 The presentence investigation report is confidential and 1 6 the court shall provide safeguards to ensure its 1 7 confidentiality, including but not limited to sealing the 1 8 report, which may be opened only by further court order. At 1 9 least three days prior to the date set for sentencing, the 1 10 court shall serve all of the presentence investigation report 1 11 upon the defendant's attorney and the attorney for the state, 1 12 and the report shall remain confidential except upon court 1 13 order. However, the court may conceal the identity of the 1 14 person who provided confidential information. The report of a 1 15 medical examination or psychological or psychiatric evaluation 1 16 shall be made available to the attorney for the state and to 1 17 the defendant upon request. The reports are part of the 1 18 record but shall be sealed and opened only on order of the 1 19 court. If the defendant is committed to the custody of the 1 20 Iowa department of corrections and is not a class "A" felon, a 1 21 copy of the presentence investigation report shall be 1 22 forwarded by ordinary or electronic mail to the director with 1 23 the order of commitment by the clerk of the district court and 1 24 to the board of parole at the time of commitment. Pursuant to 1 25 section 904.602, the presentence investigation report may also 1 26 be released by ordinary or electronic mail by the department 1 27 of corrections or a judicial district department of 1 28 correctional services to another jurisdiction for the purpose 1 29 of providing interstate probation and parole compact services 1 30 or evaluations, or to a substance abuse or mental health 1 31 services provider when referring a defendant for services. 1 32 The defendant or the defendant's attorney may file with the 1 33 presentence investigation report, a denial or refutation of 1 34 the allegations, or both, contained in the report. The denial 1 35 or refutation shall be included in the report. If the person 2 1 is sentenced for an offense which requires registration under 2 2 chapter 692A, the court shall release the report by ordinary 2 3 or electronic mail to the department which is responsible 2 4 under section 692A.13A for performing the assessment of risk. 2 5 Sec. 2. Section 904.201, subsections 2, 6, and 7, Code 2 6 2003, are amended to read as follows: 2 7 2. Thesuperintendent of the centermedical director of 2 8 the department or the medical director's designee shall secure 2 9 the professional care and treatment of each person confined at 2 10 the center and maintain a complete record on the condition of 2 11 each person confined at the center. 2 12 6. All admissions to the forensic psychiatric hospital 2 13 shall be by written application only. Application shall be 2 14 made by the head of the state institution, agency, 2 15 governmental body, or court requesting admission to the 2 16superintendent of the centermedical director of the 2 17 department or the medical director's designee. An application 2 18 may be denied bythe superintendentthe medical director of 2 19 the department or the medical director's designee, with the 2 20 approval of the director, if the admission will result in an 2 21 overcrowded condition or if adequate staff or facilities are 2 22 not available. The decision regarding admission and discharge 2 23 of persons shall be made by thesuperintendent of the center2 24 medical director of the department or the medical director's 2 25 designee, subject to approval of the director. 2 26 7. When a person transferred to the center from any other 2 27 state institution or admitted by request or order of any 2 28 agency, governmental body, or court no longer requires special 2 29 treatment in the security setting, the person may be returned 2 30 to the source from which received. The state institution, 2 31 agency, governmental body, or court that referred the person 2 32 for hospitalization shall retain constructive jurisdiction 2 33 over the person. Persons without legal encumbrances may be 2 34 discharged directly from the center upon concurrence of the 2 35superintendent of the centermedical director of the 3 1 department or the medical director's designee and the head of 3 2 the referring institution, agency, governmental body, or 3 3 court. The support, commitment, and release statutes 3 4 applicable to a person at the state institution from which 3 5 transferred shall remain applicable while the person is at the 3 6 center. 3 7 Sec. 3. Section 904.703, Code 2003, is amended to read as 3 8 follows: 3 9 904.703 SERVICES OF INMATES – INSTITUTIONS AND PUBLIC 3 10 SERVICE – INMATE LABOR FUND. 3 11 1. Inmates shall work on state account in the maintenance 3 12 of state institutions, in the erection, repair, authorized 3 13 demolition, or operation of buildings and works used in 3 14 connection with the institutions, and in industries 3 15 established and maintained in connection with the institutions 3 16 by the director. The director shall encourage the making of 3 17 agreements, including chapter 28E agreements, with departments 3 18 and agencies of the state or its political subdivisions to 3 19 provide products or services under an inmate work program to 3 20 the departments and agencies. The director may implement an 3 21 inmate work program for trustworthy inmates of state 3 22 correctional institutions, under proper supervision, whether 3 23 at work centers located outside the state correctional 3 24 institutions or in construction or maintenance work at public 3 25 or charitable facilities and for other agencies of state, 3 26 county, or local government. The supervision, security, and 3 27 transportation of, and allowances paid to inmates used in 3 28 public service projects shall be provided pursuant to 3 29 agreements, including chapter 28E agreements, made by the 3 30 director and the agency for which the work is done. Housing 3 31 and maintenance shall also be provided pursuant to the 3 32 agreement, including a chapter 28E agreement, unless the 3 33 inmate is housed and maintained in the correctional facility. 3 34 All such work, including but not limited to that provided in 3 35 this section, shall have as its primary purpose the 4 1 development of attitudes, skills, and habit patterns which are 4 2 conducive to inmate rehabilitation. The director may adopt 4 3 rules allowing inmates participating in an inmate work program 4 4 to receive educational or vocational training outside the 4 5 state correctional institutions and away from the work centers 4 6 or public or charitable facilities used under a program. 4 7However, an2. An inmate shall not work in a public 4 8 service project if the work of that inmate would replace a 4 9 person employed by the state agency or political subdivision, 4 10 which employee is performing the work of the public service 4 11 project at the time the inmate is being considered for work in 4 12 the project. 4 13 3. An inmate labor fund is established under the control 4 14 of the department. All fees, grants, appropriations, or 4 15 reimbursed costs received by the department and related to 4 16 inmate labor shall be deposited into the fund and the moneys 4 17 shall be used by the department to offset staff and 4 18 transportation costs related to providing inmate labor, to 4 19 public entities. Notwithstanding section 8.33, moneys 4 20 remaining in the fund at the end of a fiscal year shall not 4 21 revert to the general fund of the state. Notwithstanding 4 22 section 12C.7, interest and earnings deposited in the fund 4 23 shall be credited to the fund. 4 24 EXPLANATION 4 25 This bill concerns distribution of presentence 4 26 investigation reports, moneys related to inmate labor, and 4 27 persons confined at the Iowa medical classification center at 4 28 Oakdale. 4 29 The bill provides that a presentence investigation report 4 30 may be provided to several entities by ordinary or electronic 4 31 mail. 4 32 The bill establishes an inmate labor fund. The bill 4 33 provides that all fees, reimbursement costs, grants, or 4 34 appropriations related to inmate labor shall be deposited into 4 35 the fund and the moneys shall be used by the department of 5 1 corrections to offset staff and transportation costs related 5 2 to providing inmate labor to public entities. 5 3 The bill provides that the medical director of the 5 4 department of corrections or the director's designee shall 5 5 secure the professional care and treatment of each person 5 6 confined at the Iowa medical and classification center. 5 7 Current law provides that the superintendent of the center 5 8 shall secure the professional care and treatment. 5 9 LSB 5167SV 80 5 10 jm/gg/14
Text: SF02241 Text: SF02243 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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