House File 650
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 237)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the assessment of a correctional fee by a
2 county or municipality, and to the prosecution of certain
3 criminal offenses committed in a municipality located in two
4 or more counties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 the room and board reimbursement
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 a room and board reimbursement 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 the sheriff or the name
2 6 and office address of the county attorney person who is filing
2 7 the claim on 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 12 g. 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 for room and board
2 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 803.3, Code 2003, is amended by adding the
4 3 following new subsection:
4 4 NEW SUBSECTION. 4A. If a simple misdemeanor is committed
4 5 in a city which is located in two or more counties, venue
4 6 shall be in the county in which the seat of government of the
4 7 city is located.
4 8 Sec. 3. Section 805.13, subsection 1, Code 2003, is
4 9 amended to read as follows:
4 10 1. Traffic violations, whether or not scheduled, and all
4 11 other scheduled violations may be tried before the nearest
4 12 magistrate in the judicial district in which the offense is
4 13 committed, or if the offense occurred in a city which is
4 14 located in two counties, the violation shall be tried in the
4 15 county in which the seat of government of the city is located.
4 16 Sec. 4. Section 910.3, Code 2003, is amended to read as
4 17 follows:
4 18 910.3 DETERMINATION OF AMOUNT OF RESTITUTION.
4 19 The county attorney shall prepare a statement of pecuniary
4 20 damages to victims of the defendant and, if applicable, any
4 21 award by the crime victim compensation program and expenses
4 22 incurred by public agencies pursuant to section 321J.2,
4 23 subsection 9, paragraph "b", and shall provide the statement
4 24 to the presentence investigator or submit the statement to the
4 25 court at the time of sentencing. The clerk of court shall
4 26 prepare a statement of court=appointed attorney fees ordered
4 27 pursuant to section 815.9, including the expense of a public
4 28 defender, and court costs including correctional fees claimed
4 29 by a sheriff or municipality pursuant to section 356.7, which
4 30 shall be provided to the presentence investigator or submitted
4 31 to the court at the time of sentencing. If these statements
4 32 are provided to the presentence investigator, they shall
4 33 become a part of the presentence report. If pecuniary damage
4 34 amounts are not available at the time of sentencing, the
4 35 county attorney shall provide a statement of pecuniary damages
5 1 incurred up to that time to the clerk of court. The statement
5 2 shall be provided no later than thirty days after sentencing.
5 3 If a defendant believes no person suffered pecuniary damages,
5 4 the defendant shall so state. If the defendant has any mental
5 5 or physical impairment which would limit or prohibit the
5 6 performance of a public service, the defendant shall so state.
5 7 The court may order a mental or physical examination, or both,
5 8 of the defendant to determine a proper course of action. At
5 9 the time of sentencing or at a later date to be determined by
5 10 the court, the court shall set out the amount of restitution
5 11 including the amount of public service to be performed as
5 12 restitution and the persons to whom restitution must be paid.
5 13 If the full amount of restitution cannot be determined at the
5 14 time of sentencing, the court shall issue a temporary order
5 15 determining a reasonable amount for restitution identified up
5 16 to that time. At a later date as determined by the court, the
5 17 court shall issue a permanent, supplemental order, setting the
5 18 full amount of restitution. The court shall enter further
5 19 supplemental orders, if necessary. These court orders shall
5 20 be known as the plan of restitution.
5 21 Sec. 5. Section 910.9, unnumbered paragraph 3, Code 2003,
5 22 is amended to read as follows:
5 23 Fines, penalties, and surcharges, crime victim compensation
5 24 program reimbursement, public agency restitution, court costs
5 25 including correctional fees claimed by a sheriff or
5 26 municipality pursuant to section 356.7, and court=appointed
5 27 attorney fees ordered pursuant to section 815.9, including the
5 28 expenses for public defenders, shall not be withheld by the
5 29 clerk of court until all victims have been paid in full.
5 30 Payments to victims shall be made by the clerk of court at
5 31 least quarterly. Payments by a clerk of court shall be made
5 32 no later than the last business day of the quarter, but may be
5 33 made more often at the discretion of the clerk of court. The
5 34 clerk of court receiving final payment from an offender shall
5 35 notify all victims that full restitution has been made. Each
6 1 office or individual charged with supervising an offender who
6 2 is required to perform community service as full or partial
6 3 restitution shall keep records to assure compliance with the
6 4 portions of the plan of restitution and restitution plan of
6 5 payment relating to community service and, when the offender
6 6 has complied fully with the community service requirement,
6 7 notify the sentencing court.
6 8 EXPLANATION
6 9 This bill relates to the assessment of a correctional fee
6 10 by a county or municipality.
6 11 The bill provides that a municipality operating a temporary
6 12 holding facility or jail and the county operating the county
6 13 jail may collect a fee for administrative costs related to
6 14 admitting a prisoner into the jail or facility. The
6 15 administrative costs include the costs related to booking,
6 16 photographing, fingerprinting, searching, bathing, clothing,
6 17 and to medical and dental screening. Under the bill
6 18 administrative costs also include document preparation,
6 19 inventorying a prisoner's property, and general management and
6 20 supervision of the jail or facility.
6 21 The bill also provides that a municipality operating a
6 22 temporary holding facility or jail may charge a prisoner room
6 23 and board. Current law provides that only a county jail may
6 24 charge room and board.
6 25 Moneys collected by a municipality under the bill shall be
6 26 deposited into the city general fund, and 60 percent of the
6 27 funds deposited into the fund shall be expended on police and
6 28 law enforcement. Current law provides that moneys collected
6 29 by the county shall be deposited into the county general fund,
6 30 and that 60 percent of the funds deposited be expended on
6 31 courthouse security and infrastructure improvements of the
6 32 county jail or juvenile detention facility.
6 33 The bill also relates to the prosecution of certain
6 34 criminal offenses committed in a city located in two or more
6 35 counties. The bill provides that a simple misdemeanor offense
7 1 committed in a city which is located in two or more counties
7 2 shall be prosecuted in the county where the seat of government
7 3 of the city is located. Current law provides that the
7 4 prosecution of the offense be in the county where the offense
7 5 occurred.
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