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