1. The county sheriff may charge a prisoner who is eighteen years of age or older and who has been convicted of a criminal offense or sentenced for contempt of court for violation of a domestic abuse order for the room and board provided to the prisoner while in the custody of the county sheriff. Moneys collected by the sheriff under this section shall be credited to the county general fund and distributed as provided in this section. If a prisoner who has been convicted of a criminal offense or sentenced for contempt of court for violation of a domestic abuse order fails to pay for the room and board, the sheriff may file a room and board reimbursement claim with the district court as provided in subsection 2. The county attorney may file the room and board reimbursement claim on behalf of the sheriff and the county. This section does not apply to prisoners who are paying for their room and board by court order pursuant to sections 356.26 through 356.35.
2. The sheriff or the county attorney, on behalf of the sheriff, may file a room and board reimbursement claim with the clerk of the district court which shall include all of the following information, if known:
a. The name, date of birth, and social security number of the person who is the subject of the claim.
b. The present address of the residence and principal place of business of the person named in the claim.
c. The criminal proceeding pursuant to which the claim is filed, including the name of the court, the title of the action, and the court's file number.
d. The name and office address of the sheriff or the name and office address of the county attorney who is filing the claim on behalf of the sheriff.
e. A statement that the notice is being filed pursuant to this section.
f. The amount of room and board charges the person owes.
g. If the sheriff wishes to have the amount of the claim for charges owed included within the amount of restitution determined to be owed by the person, a request that the amount owed be included within the order for payment of restitution by the person.
3. Upon receipt of a claim for room and board reimbursement, the court shall approve the claim in favor of the sheriff or the county for the amount owed by the prisoner as identified in the claim and any fees or charges associated with the filing or processing of the claim with the court. The sheriff may choose to enforce the claim in the manner provided in chapter 626. Once approved by the court, the claim for the amount owed by the person shall have the force and effect of a judgment for purposes of enforcement by the sheriff. However, irrespective of whether the judgment lien for the amount of the claim has been perfected, the claim shall not have priority over competing claims for child support obligations owed by the person.
4. This section does not limit the right of the sheriff to obtain any other remedy authorized by law.
5. Of the moneys collected and credited to the county general fund as provided in this section, sixty percent of the moneys collected shall be used for the following purposes:
a. Courthouse security equipment and law enforcement personnel costs.
b. Infrastructure improvements of a jail, including new or remodeling costs.
c. Infrastructure improvements of juvenile detention facilities, including new or remodeling costs.
The sheriff may submit a plan or recommendations to the county board of supervisors for the use of the funds as provided in this subsection or the sheriff and board may jointly develop a plan for the use of the funds. Subject to the requirements of this subsection, funds may be used in the manner set forth in an agreement entered into under chapter 28E.
The county board of supervisors shall review the plan or recommendations submitted by the sheriff during the normal budget process of the county.
96 Acts, ch 1081, § 1; 96 Acts, ch 1219, §71; 97 Acts, ch 140, § 1; 98 Acts, ch 1116, §1
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