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:
  6 TLSB 2424HV 80
  7 jm/pj/5

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.
  7  6 LSB 2424HV 80
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