House File 432 - Introduced
HOUSE FILE
BY SWAIM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment of multicounty jails, and
2 making an appropriation.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2745HH 81
5 jm/cf/24
PAG LIN
1 1 DIVISION I
1 2 MULTICOUNTY JAIL
1 3 Section 1. NEW SECTION. 356B.1 MULTICOUNTY JAILS ==
1 4 ESTABLISHMENT.
1 5 The department of corrections and the multicounty jail
1 6 board created in section 356B.2 shall establish and administer
1 7 a multicounty jail program. The program shall encourage
1 8 counties to establish, construct, renovate, or repair
1 9 facilities for use as a multicounty jail. A multicounty jail
1 10 means a facility established, operated, and maintained as a
1 11 jail pursuant to an agreement between two or more counties
1 12 pursuant to chapter 28E. A county that enters into a chapter
1 13 28E agreement pursuant to section 356B.3 to establish,
1 14 operate, and maintain a multicounty jail is deemed to have met
1 15 the requirement to furnish a place for the confinement of
1 16 prisoners pursuant to section 331.381, subsection 17,
1 17 paragraph "a", and section 903.4. A multicounty jail shall
1 18 comply with the provisions of chapter 356 and shall be
1 19 considered a jail, except as provided in this chapter.
1 20 Sec. 2. NEW SECTION. 356B.2 MULTICOUNTY JAIL BOARD.
1 21 1. A multicounty jail board is created within the
1 22 department of corrections. The board shall have five members
1 23 appointed as follows:
1 24 a. One member appointed by the board of corrections.
1 25 b. One member appointed by the governor from a list of
1 26 county supervisors recommended by the Iowa state association
1 27 of counties.
1 28 c. One member appointed by the governor from persons
1 29 recommended by the Iowa state sheriffs and deputies
1 30 association.
1 31 d. Two members of the general public appointed by the
1 32 governor subject to confirmation by the senate.
1 33 2. The board members shall serve staggered three=year
1 34 terms beginning and ending as provided in section 69.19. The
1 35 governor shall appoint initial members to serve for less than
2 1 three years to ensure that members serve staggered terms. A
2 2 vacancy in membership shall be filled in the same manner as
2 3 the original appointment. Each member of the board shall be
2 4 reimbursed for actual and necessary expenses incurred in the
2 5 discharge of the member's official duties.
2 6 3. The duties of the board shall consist of advising the
2 7 department of corrections regarding administrative rules
2 8 necessary for implementation and administration of the
2 9 multicounty jail program. The board shall also serve as the
2 10 policymaking body responsible for implementing the multicounty
2 11 jail program.
2 12 Sec. 3. NEW SECTION. 356B.3 MULTICOUNTY JAIL COMMISSION
2 13 == COMMISSION AGREEMENT PURSUANT TO CHAPTER 28E.
2 14 1. Two or more counties may establish a multicounty jail
2 15 commission to enter into an agreement pursuant to chapter 28E
2 16 to establish, operate, and maintain a multicounty jail in
2 17 which the participating counties and sheriffs of the
2 18 participating counties delegate the authority to operate a
2 19 county jail to the commission. The commission agreement shall
2 20 include but is not limited to the following:
2 21 a. The number of members each county shall be allocated
2 22 for membership on the commission.
2 23 b. A plan for establishing, constructing, renovating, or
2 24 repairing a facility for use as a multicounty jail.
2 25 c. A plan for operating the multicounty jail and for the
2 26 allocation of costs between each county.
2 27 d. The conditions under which a county may join or
2 28 withdraw from the agreement and the procedures for joining or
2 29 withdrawing from the agreement.
2 30 e. The term and effective date.
2 31 2. The commission agreement must be approved by the board
2 32 of supervisors and the county sheriff of each county that is a
2 33 party to the agreement.
2 34 3. Upon approval of the commission agreement, the board of
2 35 supervisors of each county that is a party to the agreement
3 1 shall designate the multicounty jail as a place for
3 2 confinement of prisoners pursuant to section 331.381.
3 3 4. Upon approval of the commission agreement, the sheriff
3 4 of each county that is a party to the agreement shall delegate
3 5 the sheriff's authority and responsibility to provide board
3 6 and care for inmates in the sheriff's custody to the
3 7 commission.
3 8 5. A certified copy of the commission agreement shall be
3 9 recorded pursuant to chapter 28E, and a copy of the agreement
3 10 shall be provided to the department of corrections.
3 11 Sec. 4. NEW SECTION. 356B.4 MULTICOUNTY JAIL FUND.
3 12 1. A multicounty jail fund is created in the state
3 13 treasury. The fund shall be administered by the department of
3 14 corrections and the multicounty jail board. The moneys in the
3 15 fund shall be used to provide grants and loans to multicounty
3 16 jail commissions for establishing, constructing, renovating,
3 17 or repairing facilities to be operated and maintained as
3 18 multicounty jails, and to defray expenses incurred by the
3 19 department of corrections in administering the multicounty
3 20 jail program.
3 21 2. The fund shall consist of moneys appropriated by the
3 22 general assembly for deposit in the fund, and other moneys
3 23 available to and obtained or accepted by the department of
3 24 corrections for placement in the fund. Moneys in the fund are
3 25 appropriated to the department of corrections to be
3 26 distributed as grants and loans as provided in this chapter.
3 27 3. Payments of interest, repayments of moneys loaned
3 28 pursuant to this chapter, and recaptures of loans shall be
3 29 deposited in the fund.
3 30 4. Moneys in the fund are not subject to section 8.33.
3 31 Notwithstanding section 12C.7, interest or earnings on moneys
3 32 in the fund shall be credited to the fund.
3 33 5. Moneys in the fund are subject to an annual audit by
3 34 the auditor of state. The fund is subject to warrants written
3 35 by the director of revenue, drawn upon the written requisition
4 1 of the department of corrections.
4 2 Sec. 5. NEW SECTION. 356B.5 APPLICATION FOR GRANT OR
4 3 LOAN.
4 4 1. A multicounty jail commission may apply to the
4 5 multicounty jail board for a grant or loan for a proposed
4 6 multicounty jail. The department of corrections may provide
4 7 technical assistance to assist an applicant in developing a
4 8 proposal.
4 9 2. An application shall include but is not limited to the
4 10 following:
4 11 a. A copy of the commission agreement.
4 12 b. The confinement needs addressed by the agreement.
4 13 c. A proposed budget for planning and developing the
4 14 multicounty jail.
4 15 d. A proposed operating budget for the first four years of
4 16 operating the jail.
4 17 e. The amount of the grant or loan requested by the
4 18 multicounty jail.
4 19 f. A copy of any agreement entered into by the multicounty
4 20 jail commission or by a county that is a party to the
4 21 commission agreement with another jurisdiction to provide for
4 22 the confinement of inmates, including inmates detained or
4 23 committed by authority of the courts of the United States.
4 24 3. The application may be required to be on a form
4 25 prescribed by the multicounty jail board.
4 26 4. The multicounty jail board shall adopt rules pursuant
4 27 to chapter 17A establishing criteria for awarding a grant or
4 28 loan to a multicounty jail commission. The criteria
4 29 established pursuant to rules adopted by the board shall
4 30 include but not be limited to the following:
4 31 a. A need for additional or replacement beds in all
4 32 counties participating in the commission agreement.
4 33 b. A willingness to confine state inmates.
4 34 c. The cost of the proposal, which shall not exceed
4 35 fifteen million dollars.
5 1 d. The term of the loan shall be repaid in a manner
5 2 approved by the multicounty jail board; however, the term of
5 3 repayment shall not exceed twenty=five years.
5 4 The reasons for acceptance or denial of an application for
5 5 a grant or loan shall be specifically stated in the minutes of
5 6 the multicounty jail board meeting at which the application is
5 7 accepted or denied.
5 8 Sec. 6. NEW SECTION. 356B.6 REMITTANCE IF REPEALED.
5 9 Upon the repeal of sections 356B.2, 356B.4, and 356B.5,
5 10 pursuant to section 356B.7, the department of corrections
5 11 shall remit repayments of moneys loaned, payments of interest,
5 12 and recaptures of loans pursuant to this chapter or rules
5 13 adopted pursuant to this chapter to the treasurer of state for
5 14 deposit in the rebuild Iowa infrastructure fund created in
5 15 section 8.57.
5 16 Sec. 7. NEW SECTION. 356B.7 FUTURE REPEAL.
5 17 Sections 356B.2, 356B.4, and 356B.5 are repealed June 30,
5 18 2012. However, any commission agreement, grant, or loan in
5 19 existence on June 30, 2012, shall continue to be valid and
5 20 each party to such agreement, grant, or loan is obligated to
5 21 perform as required under the agreement, grant, or loan.
5 22 DIVISION II
5 23 CODE CHANGES
5 24 Sec. 8. Section 331.381, subsection 17, paragraph a, Code
5 25 2005, is amended to read as follows:
5 26 a. Furnish a place for the confinement of prisoners as
5 27 required in section 903.4, and in accordance with chapter 356,
5 28 or 356A, or 356B.
5 29 Sec. 9. Section 331.424, subsection 1, paragraph g, Code
5 30 2005, is amended to read as follows:
5 31 g. The maintenance and operation of the courts, including
5 32 but not limited to the salary and expenses of the clerk of the
5 33 district court and other employees of the clerk's office, and
5 34 bailiffs, court costs if the prosecution fails or if the costs
5 35 cannot be collected from the person liable, costs and expenses
6 1 of prosecution under section 189A.17, salaries and expenses of
6 2 juvenile court officers under chapter 602, court=ordered costs
6 3 in domestic abuse cases under section 236.5, the county's
6 4 expense for confinement of prisoners under chapter chapters
6 5 356A and 356B, temporary assistance to the county attorney,
6 6 county contributions to a retirement system for bailiffs,
6 7 reimbursement for judicial magistrates under section 602.6501,
6 8 claims filed under section 622.93, interpreters' fees under
6 9 section 622B.7, uniform citation and complaint supplies under
6 10 section 805.6, and costs of prosecution under section 815.13.
6 11 Sec. 10. Section 331.653, subsection 35, Code 2005, is
6 12 amended to read as follows:
6 13 35. Have charge of the county jails in the county and
6 14 custody of the prisoners committed to the jails as provided in
6 15 chapter 356, except if authority has been delegated to a
6 16 multicounty jail commission under chapter 356B.
6 17 Sec. 11. Section 356.1, subsection 1, unnumbered paragraph
6 18 1, Code 2005, is amended to read as follows:
6 19 The jails in the several counties in the state shall be in
6 20 the charge of the respective sheriffs, or multicounty jail
6 21 commissions as provided in chapter 356B, and used as prisons:
6 22 Sec. 12. Section 356.1, Code 2005, is amended by adding
6 23 the following new subsection:
6 24 NEW SUBSECTION. 3. The provisions of this chapter extend
6 25 to a multicounty jail established pursuant to chapter 356B.
6 26 If a county is a party to a multicounty jail commission
6 27 agreement, references in this chapter to a county, a county
6 28 sheriff, or a county jail shall be deemed to be references to
6 29 the multicounty jail commission or the multicounty jail, as
6 30 applicable.
6 31 Sec. 13. Section 356.2, Code 2005, is amended to read as
6 32 follows:
6 33 356.2 DUTY.
6 34 The sheriff shall have charge and custody of the prisoners
6 35 in the jail or other prisons of the sheriff's county, except
7 1 if authority has been delegated to a multicounty jail
7 2 commission under chapter 356B, and shall receive those
7 3 lawfully committed, and keep them until discharged by law.
7 4 Sec. 14. Section 356.37, Code 2005, is amended to read as
7 5 follows:
7 6 356.37 CONFINEMENT AND DETENTION REPORT == DESIGN
7 7 PROPOSALS.
7 8 The division of criminal and juvenile justice planning of
7 9 the department of human rights, in consultation with the
7 10 department of corrections, the Iowa county attorneys
7 11 association, the Iowa state sheriff's association, the Iowa
7 12 association of chiefs of police and peace officers, a
7 13 statewide organization representing rural property taxpayers,
7 14 the Iowa league of cities, and the Iowa board of supervisors
7 15 association, shall prepare a report analyzing the confinement
7 16 and detention needs of jails and facilities established
7 17 pursuant to chapters 356, and 356A, and 356B. The report for
7 18 each type of jail or facility shall include but is not limited
7 19 to an inventory of prisoner space, daily prisoner counts,
7 20 options for detention of prisoners with mental illness or
7 21 substance abuse service needs, and the compliance status under
7 22 section 356.36 for each jail or facility. The report shall
7 23 contain an inventory of recent jail or facility construction
7 24 projects in which voters have approved the issuance of general
7 25 obligation bonds, essential county purpose bonds, revenue
7 26 bonds, or bonds issued pursuant to chapter 423B. The report
7 27 shall be revised periodically as directed by the administrator
7 28 of the division of criminal and juvenile justice planning.
7 29 The first submission of the report shall include
7 30 recommendations on offender data needed to estimate jail space
7 31 needs in the next two, three, and five years, on a county,
7 32 geographic region, and statewide basis, which may be based
7 33 upon information submitted pursuant to section 356.49.
7 34 Sec. 15. Section 805.16, subsection 1, Code 2005, is
7 35 amended to read as follows:
8 1 1. Except as provided in subsection 2 of this section, a
8 2 peace officer shall issue a police citation or uniform
8 3 citation and complaint, in lieu of making a warrantless
8 4 arrest, to a person under eighteen years of age accused of
8 5 committing a simple misdemeanor under chapter 321, 321G, 321I,
8 6 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local
8 7 ordinance not subject to the jurisdiction of the juvenile
8 8 court, and shall not detain or confine the person in a
8 9 facility regulated under chapter 356, or 356A, or 356B.
8 10
8 11 DIVISION III
8 12 APPROPRIATION
8 13 Sec. 16. APPROPRIATION. There is appropriated from the
8 14 rebuild Iowa infrastructure fund to the department of
8 15 corrections, for the fiscal year beginning July 1, 2005, and
8 16 ending June 30, 2006, the following amount, or so much thereof
8 17 as is necessary, to be used for the purpose designated:
8 18 For deposit in the multicounty jail fund to be used for
8 19 multicounty jail grants or loans as provided in chapter 356B:
8 20 .................................................. $ 15,000,000
8 21 EXPLANATION
8 22 This bill relates to the creation of multicounty jails and
8 23 makes an appropriation.
8 24 The bill provides that two or more counties may establish a
8 25 multicounty jail. The bill provides that if a county enters
8 26 into an agreement with one or more other counties to
8 27 establish, operate, and maintain a multicounty jail, the
8 28 county is not required to maintain a separate place for the
8 29 confinement of prisoners. However, the bill provides that a
8 30 multicounty jail shall comply with the provisions of Code
8 31 chapter 356, relating to jails and municipal holding
8 32 facilities, and shall be considered a jail, except as provided
8 33 in this bill.
8 34 The bill establishes a multicounty jail board in the
8 35 department of corrections which shall be responsible for
9 1 making policy and implementing a multicounty jail program and
9 2 advising the department of corrections on administrative
9 3 rules. The board shall consist of five members, with one
9 4 member being appointed by the board of corrections, one member
9 5 appointed by the governor shall be from a list of county
9 6 supervisors recommended by the Iowa state association of
9 7 counties, one member appointed by the governor from persons
9 8 recommended by the Iowa state sheriffs and deputies
9 9 association, and two members of the general public appointed
9 10 by the governor.
9 11 The bill provides that if two or more counties want to
9 12 establish a multicounty jail, the counties shall create a
9 13 multicounty jail commission, and enter into a commission
9 14 agreement pursuant to Code chapter 28E to share responsibility
9 15 for establishing, operating, and maintaining the multicounty
9 16 jail. The bill provides that the commission agreement shall
9 17 include the allocation of members on the commission and the
9 18 procedure for joining and withdrawing from the agreement, and
9 19 a plan of operation, including the allocation of operating
9 20 costs and the effective date of the agreement.
9 21 The bill requires that the commission agreement be approved
9 22 by the county board of supervisors and the county sheriff.
9 23 The bill provides that upon approval of the commission
9 24 agreement by the county sheriff, the sheriff shall delegate to
9 25 the commission the sheriff's authority to provide housing and
9 26 care for inmates in the custody of the sheriff.
9 27 The bill creates a multicounty jail fund in the state
9 28 treasury. The bill provides that the department of
9 29 corrections and the multicounty jail board shall administer
9 30 the fund. The bill appropriates $15 million to the department
9 31 of corrections for deposit in the fund. The bill provides
9 32 that moneys in the fund shall be used to provide for grants
9 33 and loans to multicounty jail commissions for establishing a
9 34 multicounty jail.
9 35 The bill provides that a commission may apply to the
10 1 multicounty jail board for a grant or loan, and that the
10 2 department of corrections may provide technical assistance to
10 3 a commission in developing a proposal to present to the board.
10 4 The bill provides that a grant or loan shall be awarded to
10 5 a commission based upon the following factors: a need for
10 6 additional or replacement beds, a willingness to confine state
10 7 inmates, the cost of the proposal, and the manner in which any
10 8 moneys are to be repaid.
10 9 The bill's provisions relating to the multicounty jail
10 10 board, the multicounty jail fund, and the application process
10 11 to receive moneys from the fund are repealed on June 30, 2012.
10 12 However, any agreement, grant, or loan in existence on June
10 13 30, 2012, shall continue to be valid and each party to such
10 14 agreement, grant, or loan is obligated to perform as required
10 15 under the agreement, grant, or loan.
10 16 LSB 2745HH 81
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