Senate File 325 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1128) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the procedures and duties of the judicial 2 branch, and making an appropriation to the enhanced court 3 collections fund. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1241SV 81 6 jm/pj/5 PAG LIN 1 1 Section 1. Section 602.1304, subsection 2, paragraph a, 1 2 Code 2005, is amended to read as follows: 1 3 a. The enhanced court collections fund is created in the 1 4 state treasury under the authority of the supreme court. The 1 5 fund shall be separate from the general fund of the state and 1 6 the balance in the fund shall not be considered part of the 1 7 balance of the general fund of the state. Notwithstanding 1 8 section 8.33, moneys in the fund shall not revert to the 1 9 general fund, unless and to the extent the total amount of 1 10 moneys deposited into the fund in a fiscal year would exceed 1 11 the maximum annual deposit amount established for the 1 12 collections fund by the general assembly. The initial maximum 1 13 annual deposit amount for a fiscal year isfoursix million 1 14 dollars. Notwithstanding section 12C.7, subsection 2, 1 15 interest or earnings on moneys in the collections fund shall 1 16 remain in the collections fund and any interest and earnings 1 17 shall be in addition to the maximum annual deposit amount. 1 18 Sec. 2. NEW SECTION. 602.8102A NOTICES RETURNED FOR 1 19 UNKNOWN ADDRESS == RESENDING. 1 20 Notwithstanding any other provision of the Code to the 1 21 contrary, if the clerk of the district court sends a mailing 1 22 or notice to a person or party and the notice or mailing is 1 23 returned to the clerk of the district court because the 1 24 address is unknown, the clerk is not required to send a 1 25 subsequent notice or mailing unless the clerk receives updated 1 26 address information. This section does not apply to notices 1 27 for a hearing, or judgments, or other notices or mailings that 1 28 would be considered a violation of the due process rights of 1 29 the person or party if the notice or mailing were not 1 30 received. 1 31 Sec. 3. Section 901.4, Code 2005, is amended to read as 1 32 follows: 1 33 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL == 1 34 DISTRIBUTION. 1 35 The presentence investigation report is confidential and 2 1 the court shall provide safeguards to ensure its 2 2 confidentiality, including but not limited to sealing the 2 3 report, which may be opened only by further court order. At 2 4 least three days prior to the date set for sentencing, the 2 5 court shallservesend a copy of all of the presentence 2 6 investigation reportuponby ordinary or electronic mail, to 2 7 the defendant's attorney and the attorney for the state, and 2 8 the report shall remain confidential except upon court order. 2 9 However, the court may conceal the identity of the person who 2 10 provided confidential information. The report of a medical 2 11 examination or psychological or psychiatric evaluation shall 2 12 be made available to the attorney for the state and to the 2 13 defendant upon request. The reports are part of the record 2 14 but shall be sealed and opened only on order of the court. If 2 15 the defendant is committed to the custody of the Iowa 2 16 department of corrections and is not a class "A" felon, a copy 2 17 of the presentence investigation report shall be forwarded by 2 18 ordinary or electronic mail to the director with the order of 2 19 commitment by the clerk of the district court and to the board 2 20 of parole at the time of commitment. Pursuant to section 2 21 904.602, the presentence investigation report may also be 2 22 released by ordinary or electronic mail by the department of 2 23 corrections or a judicial district department of correctional 2 24 services to another jurisdiction for the purpose of providing 2 25 interstate probation and parole compact or interstate compact 2 26 for adult offender supervision services or evaluations, or to 2 27 a substance abuse or mental health services provider when 2 28 referring a defendant for services. The defendant or the 2 29 defendant's attorney may file with the presentence 2 30 investigation report, a denial or refutation of the 2 31 allegations, or both, contained in the report. The denial or 2 32 refutation shall be included in the report. If the person is 2 33 sentenced for an offense which requires registration under 2 34 chapter 692A, the court shall release the report by ordinary 2 35 or electronic mail to the department. 3 1 EXPLANATION 3 2 This bill relates to procedures and duties of the judicial 3 3 branch. 3 4 The bill amends Code section 602.1304 by increasing the 3 5 maximum annual deposit into the enhanced court collections 3 6 fund from $4 million to $6 million. Certain moneys collected 3 7 by the judicial branch are deposited into the fund and the 3 8 moneys are used for the Iowa court information system, for 3 9 records management equipment, services, projects, and for 3 10 other court technological improvements. 3 11 The bill creates new Code section 602.8102A relating to the 3 12 clerk of the district court sending a mailing or notice. The 3 13 bill provides that if the clerk of the district court sends a 3 14 mailing or notice to a person or party and the notice or 3 15 mailing is returned to the clerk of the district court because 3 16 the address is unknown, the clerk is not required to send a 3 17 subsequent mailing or notice, unless the clerk receives 3 18 updated address information. However, this Code section does 3 19 not apply to notices for a hearing, or judgments, or other 3 20 mailings or notices that would be considered a violation of 3 21 the due process rights of the person or party if the mailing 3 22 or notice were not received. 3 23 The amendment to Code section 901.4 permits the court to 3 24 send a copy of a presentence investigation report to the 3 25 defense attorney and county attorney by ordinary mail or 3 26 electronic mail. The presentence investigation report 3 27 contains a detailed personal history of a criminal defendant. 3 28 Current law does not permit the court to send a copy of the 3 29 report by electronic mail to the defense attorney or county 3 30 attorney. 3 31 LSB 1241SV 81 3 32 jm:nh/pj/5