House File 664 - Introduced



                                       HOUSE FILE       
                                       BY  BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the disclosure of certain information by a
  2    pretrial release agency.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2510YH 83
  5 jm/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  811A.1  DEFINITIONS.
  1  2    1.  "Annual report" means a report prepared annually by a
  1  3 pretrial release agency that accurately summarizes the
  1  4 effectiveness of the agency's use of public funds for the past
  1  5 year.
  1  6    2.  "Nonsecured release" means any release of a defendant
  1  7 from pretrial custody where a financial guarantee such as a
  1  8 cash or surety bond is not required as a condition of such
  1  9 release.
  1 10    3.  "Pretrial release agency" means any government=funded
  1 11 program that makes recommendations for the nonsecured release
  1 12 of a criminal defendant or for the release of a criminal
  1 13 defendant on partial bail.
  1 14    4.  "Register" means a public record prepared by a pretrial
  1 15 release agency that is filed with the clerk of the district
  1 16 court in each county and is available to the public for
  1 17 viewing.
  1 18    5.  "Secured release" means any release of a defendant from
  1 19 pretrial custody where a financial guarantee, such as a cash
  1 20 or surety bond, is required as a condition of release.
  1 21    Sec. 2.  NEW SECTION.  811A.2  REGISTER == PUBLIC RECORD.
  1 22    1.  A pretrial release agency shall prepare a register of
  1 23 information regarding the cases and defendants who are
  1 24 recommended for release by the agency.  The register shall be
  1 25 filed in the office of the clerk of the district court in each
  1 26 county and the register shall be a public record.
  1 27    2.  The register shall be updated on a weekly basis and
  1 28 shall include accurate information regarding the following
  1 29 information for each defendant whose nonsecured release was
  1 30 recommended by the pretrial release agency:
  1 31    a.  The charge against the defendant.
  1 32    b.  The nature of any prior criminal convictions against
  1 33 the defendant.
  1 34    c.  The court appearances required.
  1 35    d.  Any court dates missed.
  2  1    e.  Any arrest warrants issued in the case.
  2  2    f.  Instances of noncompliance with any programming.
  2  3    Sec. 3.  NEW SECTION.  811A.3  ANNUAL REPORT.
  2  4    1.  Prior to the end of the first quarter of each calendar
  2  5 year, every pretrial release agency shall submit an annual
  2  6 report for the prior calendar year to the chief judge of each
  2  7 judicial district where the agency operates and to the
  2  8 chairpersons and ranking members of the legislative joint
  2  9 appropriations subcommittee on the justice system.
  2 10    2.  The annual report shall contain but is not limited to
  2 11 the following information:
  2 12    a.  The complete operating budget of the pretrial release
  2 13 agency.
  2 14    b.  The number of personnel employed by the pretrial
  2 15 release agency.
  2 16    c.  The total number of cases reviewed by the pretrial
  2 17 release agency.
  2 18    d.  The total number of cases in which a nonsecured release
  2 19 was denied by the pretrial release agency.
  2 20    e.  The number of defendants released on nonsecured release
  2 21 after a positive recommendation by the pretrial release
  2 22 agency.
  2 23    f.  The average period of time a defendant is incarcerated
  2 24 before being released on recommendation by the pretrial
  2 25 release agency, reported by offense classification.
  2 26    g.  The total number of cases in which a defendant was
  2 27 released on a nonsecured release after a positive
  2 28 recommendation by the pretrial release agency and an arrest
  2 29 warrant was subsequently issued for the defendant for failure
  2 30 to appear in the case.
  2 31    h.  The total number of cases in which a defendant was
  2 32 released on a nonsecured release after a positive
  2 33 recommendation by the pretrial release agency and an arrest
  2 34 warrant was issued by the court but the arrest warrant remains
  2 35 in effect one year from the date of issuance.
  3  1    i.  The total number of cases in which a defendant was
  3  2 released on a nonsecured release after a positive
  3  3 recommendation by the pretrial release agency and an arrest
  3  4 warrant was issued for additional criminal charges within one
  3  5 year of the release.
  3  6    j.  The total number of cases in which a defendant was
  3  7 released on a nonsecured release after a positive
  3  8 recommendation by the pretrial release agency and an arrest
  3  9 warrant was issued for a new criminal offense while on release
  3 10 based on the pretrial release agency's recommendation.
  3 11    Sec. 4.  NEW SECTION.  811A.4  FUNDING FOR REPORT.
  3 12    Each pretrial release agency shall pay the costs of
  3 13 preparing the register and annual report from its annual
  3 14 operating budget.
  3 15    Sec. 5.  NEW SECTION.  811A.5  SANCTIONS == NONCOMPLIANCE.
  3 16    If the chief judge of a judicial district finds that a
  3 17 pretrial release agency has not maintained a register or filed
  3 18 an annual report as required by this chapter, the chief judge
  3 19 shall do the following:
  3 20    1.  Upon a first finding of noncompliance, the chief judge
  3 21 shall require the pretrial release agency to immediately
  3 22 prepare a written report explaining the noncompliance and what
  3 23 measures will be taken to bring the agency into compliance and
  3 24 the date by which the noncompliance will be corrected.
  3 25    2.  Upon a second or subsequent finding of noncompliance,
  3 26 the chief judge shall order the pretrial release agency to
  3 27 state the reasons for noncompliance and why the pretrial
  3 28 release agency should not be sanctioned.  If the pretrial
  3 29 release agency is unable to justify the noncompliance, the
  3 30 chief judge may order the budget of the pretrial release
  3 31 agency be reduced by twenty=five percent or suspend the
  3 32 pretrial release agency until full compliance is demonstrated.
  3 33    Sec. 6.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3 34 3, shall not apply to this Act.
  3 35                           EXPLANATION
  4  1    This bill relates to the disclosure of certain information
  4  2 by a pretrial release agency.
  4  3    The bill defines a "pretrial release agency" as any
  4  4 government=funded program that makes recommendations for the
  4  5 nonsecured release of a criminal defendant or for the release
  4  6 of a criminal defendant on partial bail.
  4  7    The bill requires a pretrial release agency to prepare a
  4  8 register of information regarding the cases and defendants who
  4  9 are recommended for nonsecured release by the agency.  The
  4 10 bill defines "nonsecured release" as any release of a
  4 11 defendant from pretrial custody where a financial guarantee
  4 12 such as a cash or surety bond is not required as a condition
  4 13 of such release.
  4 14    The bill requires the register to contain the following
  4 15 information about a defendant:  the charge; the nature of past
  4 16 criminal convictions; court appearances required; court dates
  4 17 missed; arrest warrants issued; and instances of noncompliance
  4 18 with programming.
  4 19    The bill also requires a pretrial release agency to prepare
  4 20 an annual report which shall be submitted to the chief judge
  4 21 of each judicial district where the agency operates and to the
  4 22 chairpersons and ranking members of the joint appropriations
  4 23 subcommittee on the justice system.
  4 24    The bill requires the annual report to include the
  4 25 following:  the complete operating budget of the agency;
  4 26 number of personnel; total number of cases reviewed; total
  4 27 number of cases in which nonsecured release was denied; total
  4 28 number of defendants released on nonsecured release after a
  4 29 positive recommendation for release by the pretrial release
  4 30 agency; and the total number of cases in which the defendant
  4 31 received a nonsecured release and subsequently failed to
  4 32 appear, was rearrested, or was charged with a new criminal
  4 33 offense.
  4 34    If the pretrial release agency does not comply with the
  4 35 bill, the agency is subject to sanctions from the chief judge
  5  1 of the judicial district.
  5  2    The bill may include a state mandate as defined in Code
  5  3 section 25B.3.  The bill makes inapplicable Code section
  5  4 25B.2, subsection 3, which would relieve a political
  5  5 subdivision from complying with a state mandate if funding for
  5  6 the cost of the state mandate is not provided or specified.
  5  7 Therefore, political subdivisions are required to comply with
  5  8 any state mandate included in the bill.
  5  9 LSB 2510YH 83
  5 10 jm/nh/5