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