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:
  8 TLSB 5327HZ 81
  9 jm/gg/14

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
  5 31 jm:rj/gg/14