House File 2750 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 2494)
(SUCCESSOR TO HSB 632)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the practices and procedures of the department
2 of corrections and the judicial district departments of
3 correctional services, including increasing the penalty for
4 sexual misconduct by an officer, employee, or agent of the
5 department of corrections or a judicial district department of
6 correctional services, and providing for a fee.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 709.16, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. An officer, employee, contractor, vendor, volunteer, or
1 4 agent of the department of corrections, or an officer,
1 5 employee, or agent of a judicial district department of
1 6 correctional services, who engages in a sex act with an
1 7 individual committed to the custody of the department of
1 8 corrections or a judicial district department of correctional
1 9 services commits an aggravated misdemeanor a class "D" felony.
1 10 Sec. 2. Section 903A.5, Code 2005, is amended to read as
1 11 follows:
1 12 903A.5 TIME TO BE SERVED == CREDIT.
1 13 1. An inmate shall not be discharged from the custody of
1 14 the director of the Iowa department of corrections until the
1 15 inmate has served the full term for which the inmate was
1 16 sentenced, less earned time and other credits earned and not
1 17 forfeited, unless the inmate is pardoned or otherwise legally
1 18 released. Earned time accrued and not forfeited shall apply
1 19 to reduce a mandatory minimum sentence being served pursuant
1 20 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
1 21 An inmate shall be deemed to be serving the sentence from the
1 22 day on which the inmate is received into the institution. If
1 23 an inmate was confined to a county jail or other correctional
1 24 or mental facility at any time prior to sentencing, or after
1 25 sentencing but prior to the case having been decided on
1 26 appeal, because of failure to furnish bail or because of being
1 27 charged with a nonbailable offense, the inmate shall be given
1 28 credit for the days already served upon the term of the
1 29 sentence. However, if a person commits any offense while
1 30 confined in a county jail or other correctional or mental
1 31 health facility, the person shall not be granted jail credit
1 32 for that offense. Unless the inmate was confined in a
1 33 correctional facility, the sheriff of the county in which the
1 34 inmate was confined shall certify to the clerk of the district
1 35 court from which the inmate was sentenced and to the
2 1 department of corrections' records administrator at the Iowa
2 2 medical and classification center the number of days so
2 3 served. The department of corrections' records administrator,
2 4 or the administrator's designee, shall apply jail credit as
2 5 ordered by the court of proper jurisdiction or as authorized
2 6 by this section and section 907.3, subsection 3, and shall
2 7 forward a copy of the number of days served to the clerk of
2 8 the district court from which the inmate was sentenced.
2 9 2. An inmate shall not receive credit upon the inmate's
2 10 sentence for time spent in custody in another state resisting
2 11 return to Iowa following an escape. However, an inmate may
2 12 receive credit upon the inmate's sentence while incarcerated
2 13 in an institution or jail of another jurisdiction during any
2 14 period of time the person is receiving credit upon a sentence
2 15 of that other jurisdiction.
2 16 Sec. 3. Section 904.102, Code 2005, is amended to read as
2 17 follows:
2 18 904.102 DEPARTMENT ESTABLISHED == INSTITUTIONS == SECURITY
2 19 LEVELS.
2 20 The Iowa department of corrections is established to be
2 21 responsible for the control, treatment, and rehabilitation of
2 22 offenders committed under law to the following classified
2 23 institutions:
2 24 1. Iowa correctional institution for women, medium
2 25 security.
2 26 2. Anamosa state penitentiary, maximum security.
2 27 3. Iowa state penitentiary, maximum security.
2 28 4. Iowa medical and classification center, medium
2 29 security.
2 30 5. North central correctional facility at Rockwell City,
2 31 minimum security.
2 32 6. Mount Pleasant correctional facility, medium security.
2 33 7. Clarinda correctional facility, medium security.
2 34 8. Newton correctional facility, medium security.
2 35 9. Fort Dodge correctional facility, medium security.
3 1 10. Rehabilitation camps, minimum security.
3 2 11. Other institutions related to an institution in
3 3 subsections 1 through 10 but not attached to the campus of the
3 4 main institution as program developments require, minimum
3 5 security.
3 6 Sec. 4. Section 904.702, Code 2005, is amended to read as
3 7 follows:
3 8 904.702 DEDUCTIONS FROM INMATE ACCOUNTS.
3 9 1. If allowances are paid pursuant to section 904.701, the
3 10 director shall establish an inmate account, for deposit of
3 11 those allowances and for deposit of moneys sent to the inmate
3 12 from a source other than the department of corrections. The
3 13 director may deduct an amount, not to exceed ten percent of
3 14 the amount of the allowance, unless the inmate requests a
3 15 larger amount, to be deposited into the inmate savings fund as
3 16 required under section 904.508, subsection 2. In addition to
3 17 deducting a portion of the allowance, the director may also
3 18 deduct from an inmate account any amount, except amounts
3 19 directed to be deposited in the inmate telephone fund
3 20 established in section 904.508A, sent to the inmate from a
3 21 source other than the department of corrections for deposit in
3 22 the inmate savings fund as required under section 904.508,
3 23 subsection 2, until the amount in the fund equals the amount
3 24 due the inmate upon discharge, parole, or placement on work
3 25 release. The director shall deduct from the inmate account an
3 26 amount the inmate is legally obligated to pay for child
3 27 support. The director shall deduct from the inmate account an
3 28 amount established by the inmate's restitution plan of
3 29 payment. The director shall also deduct from any remaining
3 30 account balance an amount sufficient to pay all or part of any
3 31 judgment against the inmate, including but not limited to
3 32 judgments for taxes and child support, and court costs and
3 33 fees assessed either as a result of the inmate's confinement
3 34 or amounts required to be paid under section 610A.1. Written
3 35 notice of the amount of the deduction shall be given to the
4 1 inmate, who shall have five days after receipt of the notice
4 2 to submit in writing any and all objections to the deduction
4 3 to the director, who shall consider the objections prior to
4 4 transmitting the deducted amount to the clerk of the district
4 5 court. The director need give only one notice for each action
4 6 or appeal under section 610A.1 for which periodic deductions
4 7 are to be made. The director shall next deduct from any
4 8 remaining account balance an amount sufficient to pay all or
4 9 part of any costs assessed against the inmate for misconduct
4 10 or damage to the property of others. The director may deduct
4 11 from the inmate's account an amount sufficient to pay for the
4 12 inmate's share of the costs of health services requested by
4 13 the inmate and for the treatment of injuries inflicted by the
4 14 inmate on the inmate or others. The director may deduct and
4 15 disburse an amount sufficient for industries' programs to
4 16 qualify under the eligibility requirements established in the
4 17 Justice Assistance Act of 1984, Pub. L. No. 98=473, including
4 18 an amount to pay all or part of the cost of the inmate's
4 19 incarceration. The director may pay all or any part of
4 20 remaining allowances paid pursuant to section 904.701 directly
4 21 to a dependent of the inmate, or may deposit the allowance to
4 22 the account of the inmate, or may deposit a portion and allow
4 23 the inmate a portion for the inmate's personal use.
4 24 2. The director, the institutional division, and the
4 25 department shall not be liable to any person for any damages
4 26 caused by the withdrawal or failure to withdraw money or the
4 27 payment or failure to make any payment under this section.
4 28 Sec. 5. Section 905.14, subsection 1, Code 2005, is
4 29 amended to read as follows:
4 30 1. A person placed on probation or parole and subject to
4 31 supervision by a district department shall be required to pay
4 32 an enrollment fee of two hundred fifty three hundred dollars
4 33 to the district department to offset the costs of supervision
4 34 and any sex offender programming.
4 35 Sec. 6. Sections 904.203, 904.204, 904.205, and 904.206,
5 1 Code 2005, are repealed.
5 2 EXPLANATION
5 3 This bill relates to the practices and procedures of the
5 4 department of corrections and the judicial district department
5 5 of correctional services.
5 6 The bill increases the criminal penalty for sexual
5 7 misconduct with an inmate committed by an employee,
5 8 contractor, vendor, volunteer, or agent of the department of
5 9 corrections or by an officer, employee, or agent of a judicial
5 10 district department of correctional services from an
5 11 aggravated misdemeanor to a class "D" felony.
5 12 The bill strikes a provision requiring the department of
5 13 corrections to notify the clerk of the district court of the
5 14 amount of jail time served and credited to a person committed
5 15 to the custody of the department of corrections.
5 16 The bill designates the security level for each of the
5 17 institutions under the control of the department of
5 18 corrections. The bill repeals Code section 904.203 through
5 19 Code section 904.206, which designated the security level and
5 20 primary use for several of the institutions under the control
5 21 of the department.
5 22 The bill requires the director of the department of
5 23 corrections to deduct child support payments from the account
5 24 of an inmate prior to deducting any restitution.
5 25 The bill increases the supervision fee payable by a person
5 26 being supervised by a judicial district department of
5 27 correctional services from $250 to $300. The bill also
5 28 provides that the fee should offset any sex offender
5 29 programming costs in addition to the supervision costs.
5 30 LSB 5327HZ 81
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