Senate File 2242
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 3052)
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.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5167SV 80
6 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 904.201, subsections 2, 6, and 7, Code
2 6 2003, are amended to read as follows:
2 7 2. The superintendent of the center medical director of
2 8 the department or the medical director's designee shall secure
2 9 the professional care and treatment of each person confined at
2 10 the center and maintain a complete record on the condition of
2 11 each person confined at the center.
2 12 6. All admissions to the forensic psychiatric hospital
2 13 shall be by written application only. Application shall be
2 14 made by the head of the state institution, agency,
2 15 governmental body, or court requesting admission to the
2 16 superintendent of the center medical director of the
2 17 department or the medical director's designee. An application
2 18 may be denied by the superintendent the medical director of
2 19 the department or the medical director's designee, with the
2 20 approval of the director, if the admission will result in an
2 21 overcrowded condition or if adequate staff or facilities are
2 22 not available. The decision regarding admission and discharge
2 23 of persons shall be made by the superintendent of the center
2 24 medical director of the department or the medical director's
2 25 designee, subject to approval of the director.
2 26 7. When a person transferred to the center from any other
2 27 state institution or admitted by request or order of any
2 28 agency, governmental body, or court no longer requires special
2 29 treatment in the security setting, the person may be returned
2 30 to the source from which received. The state institution,
2 31 agency, governmental body, or court that referred the person
2 32 for hospitalization shall retain constructive jurisdiction
2 33 over the person. Persons without legal encumbrances may be
2 34 discharged directly from the center upon concurrence of the
2 35 superintendent of the center medical director of the
3 1 department or the medical director's designee and the head of
3 2 the referring institution, agency, governmental body, or
3 3 court. The support, commitment, and release statutes
3 4 applicable to a person at the state institution from which
3 5 transferred shall remain applicable while the person is at the
3 6 center.
3 7 Sec. 3. Section 904.703, Code 2003, is amended to read as
3 8 follows:
3 9 904.703 SERVICES OF INMATES == INSTITUTIONS AND PUBLIC
3 10 SERVICE == INMATE LABOR FUND.
3 11 1. Inmates shall work on state account in the maintenance
3 12 of state institutions, in the erection, repair, authorized
3 13 demolition, or operation of buildings and works used in
3 14 connection with the institutions, and in industries
3 15 established and maintained in connection with the institutions
3 16 by the director. The director shall encourage the making of
3 17 agreements, including chapter 28E agreements, with departments
3 18 and agencies of the state or its political subdivisions to
3 19 provide products or services under an inmate work program to
3 20 the departments and agencies. The director may implement an
3 21 inmate work program for trustworthy inmates of state
3 22 correctional institutions, under proper supervision, whether
3 23 at work centers located outside the state correctional
3 24 institutions or in construction or maintenance work at public
3 25 or charitable facilities and for other agencies of state,
3 26 county, or local government. The supervision, security, and
3 27 transportation of, and allowances paid to inmates used in
3 28 public service projects shall be provided pursuant to
3 29 agreements, including chapter 28E agreements, made by the
3 30 director and the agency for which the work is done. Housing
3 31 and maintenance shall also be provided pursuant to the
3 32 agreement, including a chapter 28E agreement, unless the
3 33 inmate is housed and maintained in the correctional facility.
3 34 All such work, including but not limited to that provided in
3 35 this section, shall have as its primary purpose the
4 1 development of attitudes, skills, and habit patterns which are
4 2 conducive to inmate rehabilitation. The director may adopt
4 3 rules allowing inmates participating in an inmate work program
4 4 to receive educational or vocational training outside the
4 5 state correctional institutions and away from the work centers
4 6 or public or charitable facilities used under a program.
4 7 However, an 2. An inmate shall not work in a public
4 8 service project if the work of that inmate would replace a
4 9 person employed by the state agency or political subdivision,
4 10 which employee is performing the work of the public service
4 11 project at the time the inmate is being considered for work in
4 12 the project.
4 13 3. An inmate labor fund is established under the control
4 14 of the department. All fees, grants, appropriations, or
4 15 reimbursed costs received by the department and related to
4 16 inmate labor shall be deposited into the fund and the moneys
4 17 shall be used by the department to offset staff and
4 18 transportation costs related to providing inmate labor, to
4 19 public entities. Notwithstanding section 8.33, moneys
4 20 remaining in the fund at the end of a fiscal year shall not
4 21 revert to the general fund of the state. Notwithstanding
4 22 section 12C.7, interest and earnings deposited in the fund
4 23 shall be credited to the fund.
4 24 EXPLANATION
4 25 This bill concerns distribution of presentence
4 26 investigation reports, moneys related to inmate labor, and
4 27 persons confined at the Iowa medical classification center at
4 28 Oakdale.
4 29 The bill provides that a presentence investigation report
4 30 may be provided to several entities by ordinary or electronic
4 31 mail.
4 32 The bill establishes an inmate labor fund. The bill
4 33 provides that all fees, reimbursement costs, grants, or
4 34 appropriations related to inmate labor shall be deposited into
4 35 the fund and the moneys shall be used by the department of
5 1 corrections to offset staff and transportation costs related
5 2 to providing inmate labor to public entities.
5 3 The bill provides that the medical director of the
5 4 department of corrections or the director's designee shall
5 5 secure the professional care and treatment of each person
5 6 confined at the Iowa medical and classification center.
5 7 Current law provides that the superintendent of the center
5 8 shall secure the professional care and treatment.
5 9 LSB 5167SV 80
5 10 jm/gg/14