House Study Bill 629 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to various issues under the purview of the 2 department of corrections including the creation of an inmate 3 labor fund and establishing criminal offenses for certain 4 interstate compact for adult offender supervision violations, 5 and providing a penalty. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5167DP 80 8 jm/gg/14 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 904.703, Code 2003, is amended to read as 2 6 follows: 2 7 904.703 SERVICES OF INMATES == INSTITUTIONS AND PUBLIC 2 8 SERVICE == INMATE LABOR FUND. 2 9 1. Inmates shall work on state account in the maintenance 2 10 of state institutions, in the erection, repair, authorized 2 11 demolition, or operation of buildings and works used in 2 12 connection with the institutions, and in industries 2 13 established and maintained in connection with the institutions 2 14 by the director. The director shall encourage the making of 2 15 agreements, including chapter 28E agreements, with departments 2 16 and agencies of the state or its political subdivisions to 2 17 provide products or services under an inmate work program to 2 18 the departments and agencies. The director may implement an 2 19 inmate work program for trustworthy inmates of state 2 20 correctional institutions, under proper supervision, whether 2 21 at work centers located outside the state correctional 2 22 institutions or in construction or maintenance work at public 2 23 or charitable facilities and for other agencies of state, 2 24 county, or local government. The supervision, security, and 2 25 transportation of, and allowances paid to inmates used in 2 26 public service projects shall be provided pursuant to 2 27 agreements, including chapter 28E agreements, made by the 2 28 director and the agency for which the work is done. Housing 2 29 and maintenance shall also be provided pursuant to the 2 30 agreement, including a chapter 28E agreement, unless the 2 31 inmate is housed and maintained in the correctional facility. 2 32 All such work, including but not limited to that provided in 2 33 this section, shall have as its primary purpose the 2 34 development of attitudes, skills, and habit patterns which are 2 35 conducive to inmate rehabilitation. The director may adopt 3 1 rules allowing inmates participating in an inmate work program 3 2 to receive educational or vocational training outside the 3 3 state correctional institutions and away from the work centers 3 4 or public or charitable facilities used under a program. 3 5However, an2. An inmate shall not work in a public 3 6 service project if the work of that inmate would replace a 3 7 person employed by the state agency or political subdivision, 3 8 which employee is performing the work of the public service 3 9 project at the time the inmate is being considered for work in 3 10 the project. 3 11 3. An inmate labor fund is established under the control 3 12 of the department. All fees, grants, appropriations, or 3 13 reimbursed costs received by the department and related to 3 14 inmate labor shall be deposited into the fund and the moneys 3 15 shall be used by the department to offset staff and 3 16 transportation costs related to providing inmate labor, to 3 17 public entities. Notwithstanding section 8.33, moneys 3 18 remaining in the fund at the end of a fiscal year shall not 3 19 revert to the general fund of the state. Notwithstanding 3 20 section 12C.7, interest and earnings deposited in the fund 3 21 shall be credited to the fund. 3 22 Sec. 3. NEW SECTION. 907B.5 CRIMINAL OFFENSES. 3 23 1. A person on parole, probation, or who is under any 3 24 other form of correctional supervision, in another compacting 3 25 state, shall not reside or remain in this state for a period 3 26 greater than three days in violation of the terms or rules of 3 27 the interstate compact for adult offender supervision. 3 28 2. A person accepted by this state under the interstate 3 29 compact for adult offender supervision shall provide a current 3 30 address to and register with the judicial district department 3 31 of correctional services in which the person resides. If a 3 32 person changes residences, the person shall notify the 3 33 person's probation or parole officer within three days of 3 34 changing residences. 3 35 3. A person accepted by this state under the interstate 4 1 compact for adult offender supervision shall not violate the 4 2 terms and conditions of supervision set by the judicial 4 3 district department of correctional services supervising the 4 4 person. 4 5 4. A person shall not knowingly provide materially false 4 6 information during an investigation to determine the 4 7 appropriateness of placement or acceptance under the 4 8 interstate compact for adult offender supervision. 4 9 5. A person who violates this section commits a serious 4 10 misdemeanor. 4 11 EXPLANATION 4 12 This bill concerns distribution of presentence 4 13 investigation reports, moneys related to inmate labor, and 4 14 persons under supervision in another state. 4 15 The bill provides that a presentence investigation report 4 16 may be provided to several entities by ordinary or electronic 4 17 mail. 4 18 The bill establishes an inmate labor fund. The bill 4 19 provides that all fees, reimbursement costs, grants, or 4 20 appropriations related to inmate labor shall be deposited into 4 21 the fund and the moneys shall be used by the department of 4 22 corrections to offset staff and transportation costs related 4 23 to providing inmate labor to public entities. 4 24 The bill also creates criminal offenses related to the 4 25 interstate compact for adult offender supervision in Code 4 26 chapter 907B. The bill provides that a person under 4 27 supervision in another compacting state shall not reside or 4 28 remain in this state for a period greater than three days in 4 29 violation of the terms or rules of the compact. The bill 4 30 provides that a person accepted under the compact shall 4 31 provide an address to and register with the judicial district 4 32 department of correctional services responsible for 4 33 supervising the person under the compact. The bill provides 4 34 that a person accepted under the compact shall comply with the 4 35 terms and conditions of supervision set by the judicial 5 1 district. The bill also provides that a person shall not 5 2 knowingly provide false information during an investigation to 5 3 determine the appropriateness of placement or acceptance of a 5 4 person under the compact. A person who violates the compact 5 5 supervision provisions of the bill commits a serious 5 6 misdemeanor. 5 7 A serious misdemeanor is punishable by confinement for no 5 8 more than one year and a fine of at least $250 but not more 5 9 than $1,500. 5 10 LSB 5167DP 80 5 11 jm/gg/14