Senate File 151 S-3042 Amend Senate File 151 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 218.92, Code 2015, is amended 3 to read as follows: 4 218.92 Patients with dangerous mental disturbances. 5 When a patient in a state resource center for 6 persons with an intellectual disability, a state mental 7 health institute, or another institution under the 8 administration of the department of human services 9 has become so mentally disturbed as to constitute a 10 danger to self, to other patients or staff of the 11 institution, or to the public, and the institution 12 cannot provide adequate security, the administrator 13 in charge of the institution, with the consent of 14 the director of the Iowa department of corrections, 15 may order the patient to be transferred to the Iowa 16 medical and classification center at Oakdale , if 17 the superintendent of the institution from which the 18 patient is to be transferred, with the support of a 19 majority of the medical staff, recommends the transfer 20 in the interest of the patient, other patients, or the 21 public. If the patient transferred was hospitalized 22 pursuant to sections 229.6 to 229.15 , the transfer 23 shall be promptly reported to the court that ordered 24 the hospitalization of the patient, as required by 25 section 229.15, subsection 5 . The Iowa medical and 26 classification center at Oakdale has the same rights, 27 duties, and responsibilities with respect to the 28 patient as the institution from which the patient was 29 transferred had while the patient was hospitalized in 30 the institution. The cost of the transfer shall be 31 paid from the funds of the institution from which the 32 transfer is made. 33 Sec. 2. Section 226.30, Code 2015, is amended to 34 read as follows: 35 226.30 Transfer of dangerous patients. 36 When a patient of any hospital for persons with 37 mental illness becomes incorrigible, and unmanageable 38 to such an extent that the patient is dangerous to the 39 safety of others in the hospital, the administrator 40 may apply in writing to the district court or to any 41 judge thereof, of the county in which the hospital 42 is situated, for an order to transfer the patient to 43 the Iowa medical and classification center at Oakdale 44 and if the order is granted the patient shall be so 45 transferred. The county attorney of the county shall 46 appear in support of the application on behalf of the 47 administrator. 48 Sec. 3. Section 229.1, subsection 14, paragraph c, 49 Code 2015, is amended to read as follows: 50 -1- SF151.871 (3) 86 jm/rj 1/ 5 #1.

c. Any other publicly supported hospital or 1 institution, or part of such hospital or institution, 2 which is equipped and staffed to provide inpatient care 3 to persons with mental illness, except the Iowa medical 4 and classification center established by chapter 904 5 at Oakdale . 6 Sec. 4. Section 331.756, subsection 45, Code 2015, 7 is amended to read as follows: 8 45. Appear on behalf of the administrator of the 9 division of mental health and disability services 10 of the department of human services in support of an 11 application to transfer a person with mental illness 12 who becomes incorrigible and dangerous from a state 13 hospital for persons with mental illness to the 14 Iowa medical and classification center at Oakdale as 15 provided in section 226.30 . 16 Sec. 5. Section 690.4, subsection 1, Code 2015, is 17 amended to read as follows: 18 1. The warden of the Iowa medical and appropriate 19 classification center and superintendent of the state 20 training school shall take or procure the taking of 21 the fingerprints, and, in the case of the Iowa medical 22 and classification center at Oakdale only, Bertillon 23 photographs of any person received on commitment to 24 their respective institutions, and shall forward 25 such fingerprint records and photographs within ten 26 days after they are taken to the department of public 27 safety. Information obtained from fingerprint cards 28 submitted pursuant to this section may be retained by 29 the department of public safety as criminal history 30 records. If a charge for a serious misdemeanor, 31 aggravated misdemeanor, or felony is brought against 32 a person already in the custody of a law enforcement 33 or correctional agency and the charge is filed in a 34 case separate from the case for which the person was 35 previously arrested or confined, the agency shall take 36 the fingerprints of the person in connection with the 37 new case and submit them to the department of public 38 safety. 39 Sec. 6. Section 812.6, subsection 2, paragraph a, 40 Code 2015, is amended to read as follows: 41 a. A defendant who poses a danger to the public 42 peace or safety, or who is otherwise not qualified for 43 pretrial release, shall be committed as a safekeeper 44 to the custody of the director of the department of 45 corrections at the Iowa medical and classification 46 center at Oakdale , or other appropriate treatment 47 facility as designated by the director, for treatment 48 designed to restore the defendant to competency. The 49 costs of the treatment pursuant to this paragraph shall 50 -2- SF151.871 (3) 86 jm/rj 2/ 5

be borne by the department of corrections. 1 Sec. 7. Section 901.2, subsection 2, paragraph a, 2 Code 2015, is amended to read as follows: 3 a. The court shall not order a presentence 4 investigation when the offense is a class “A” felony. 5 If, however, the board of parole determines that the 6 Iowa medical and appropriate classification center 7 reception report for a class “A” felon is inadequate, 8 the board may request and shall be provided with 9 additional information from the appropriate judicial 10 district department of correctional services. 11 Sec. 8. Section 903A.5, subsection 1, Code 2015, is 12 amended to read as follows: 13 1. An inmate shall not be discharged from the 14 custody of the director of the Iowa department of 15 corrections until the inmate has served the full term 16 for which the inmate was sentenced, less earned time 17 and other credits earned and not forfeited, unless 18 the inmate is pardoned or otherwise legally released. 19 Earned time accrued and not forfeited shall apply 20 to reduce a mandatory minimum sentence being served 21 pursuant to section 124.406 , 124.413 , 902.7 , 902.8 , 22 902.8A , or 902.11 . An inmate shall be deemed to be 23 serving the sentence from the day on which the inmate 24 is received into the institution. If an inmate was 25 confined to a county jail, municipal holding facility, 26 or other correctional or mental facility at any time 27 prior to sentencing, or after sentencing but prior to 28 the case having been decided on appeal, because of 29 failure to furnish bail or because of being charged 30 with a nonbailable offense, the inmate shall be given 31 credit for the days already served upon the term of the 32 sentence. However, if a person commits any offense 33 while confined in a county jail, municipal holding 34 facility, or other correctional or mental health 35 facility, the person shall not be granted credit for 36 that offense. Unless the inmate was confined in a 37 correctional facility, the sheriff of the county in 38 which the inmate was confined or the officer in charge 39 of the municipal holding facility in which the inmate 40 was confined shall certify to the clerk of the district 41 court from which the inmate was sentenced and to the 42 department of corrections’ records administrator 43 at the Iowa medical and appropriate classification 44 center the number of days so served. The department 45 of corrections’ records administrator, or the 46 administrator’s designee, shall apply credit as ordered 47 by the court of proper jurisdiction or as authorized by 48 this section and section 907.3, subsection 3 . 49 Sec. 9. Section 904.102, subsections 1 and 4, Code 50 -3- SF151.871 (3) 86 jm/rj 3/ 5

2015, are amended to read as follows: 1 1. Iowa correctional institution for women at 2 Mitchellville . 3 4. Iowa medical and classification center at 4 Oakdale . > 5 2. Page 1, line 5, after < women > by inserting < at 6 Mitchellville > 7 3. Page 1, line 16, after < center > by inserting < at 8 Oakdale > 9 4. Page 1, line 17, by striking < women . > and 10 inserting < women at Mitchellville . The director shall 11 also provide facilities and personnel for a diagnostic 12 intake and classification center for juveniles at the 13 Anamosa state penitentiary. > 14 5. Page 1, after line 32 by inserting: 15 < Sec. ___. Section 904.503, subsections 2 and 3, 16 Code 2015, are amended to read as follows: 17 2. When the director has cause to believe that 18 an inmate in a state correctional institution is 19 mentally ill, the Iowa department of corrections 20 may cause the inmate to be transferred to the Iowa 21 medical and classification center at Oakdale , or to 22 another appropriate facility within the department, 23 for examination, diagnosis, or treatment. The inmate 24 shall be confined at that center or facility or a 25 state hospital for persons with mental illness until 26 the expiration of the inmate’s sentence or until the 27 inmate is pronounced in good mental health. If the 28 inmate is pronounced in good mental health before the 29 expiration of the inmate’s sentence, the inmate shall 30 be returned to the state correctional institution until 31 the expiration of the inmate’s sentence. 32 3. When the director has reason to believe that 33 a prisoner in a state correctional institution, 34 whose sentence has expired, is mentally ill, the 35 director shall cause examination to be made of the 36 prisoner by competent physicians who shall certify to 37 the director whether the prisoner is in good mental 38 health or mentally ill. The director may make further 39 investigation and if satisfied that the prisoner is 40 mentally ill, the director may cause the prisoner to 41 be transferred to one of the hospitals for persons 42 with mental illness, or may order the prisoner to be 43 confined in the Iowa medical and classification center 44 at Oakdale . > 45 6. Title page, line 2, after < women > by inserting 46 < and at the Anamosa state penitentiary > 47 -4- SF151.871 (3) 86 jm/rj 4/ 5 #2. #3. #4. #5.