Senate Study Bill 3039 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) A BILL FOR An Act relating to the violator facility established within the 1 department of corrections. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5173DP (3) 83 jm/rj

S.F. _____ H.F. _____ Section 1. Section 901B.1, subsection 4, paragraph a, Code 1 2009, is amended to read as follows: 2 a. The district department of correctional services shall 3 place an individual committed to it under section 907.3 to the 4 sanction and level of supervision which is appropriate to the 5 individual based upon a current risk assessment evaluation. 6 Placements may be to levels two and three of the corrections 7 continuum. The district department may, with the approval of 8 the Iowa department of public health and the department of 9 corrections, place an individual in a level three substance 10 abuse treatment facility established pursuant to section 11 135.130, to assist the individual in complying with a condition 12 of probation. The district department may, with the approval 13 of the department of corrections, place an individual in a 14 level four violator facility established pursuant to section 15 904.207 only as a penalty for a violation of a condition 16 imposed under this section . 17 Sec. 2. Section 904.206, Code 2009, is amended to read as 18 follows: 19 904.206 Newton correctional facility. 20 The correctional facility at Newton shall be utilized as 21 a correctional facility. The facility shall include minimum 22 security facilities and violator facilities pursuant to section 23 904.207 . 24 Sec. 3. Section 906.1, unnumbered paragraph 3, Code 2009, is 25 amended by striking the unnumbered paragraph. 26 Sec. 4. Section 908.9, Code 2009, is amended to read as 27 follows: 28 908.9 Disposition of violator. 29 If the parole of a parole violator is revoked, the 30 violator shall remain in the custody of the Iowa department 31 of corrections under the terms of the parolee’s original 32 commitment. If the parole of a parole violator is not revoked, 33 the parole revocation officer or board panel shall order the 34 person’s release subject to the terms of the person’s parole 35 -1- LSB 5173DP (3) 83 jm/rj 1/ 2

S.F. _____ H.F. _____ with any modifications that the parole revocation officer or 1 board panel determines proper , or may order that the violator 2 be placed in a violator facility, established pursuant to 3 section 904.207 , if the parole revocation officer or board 4 panel determines that placement in a violator facility is 5 necessary . 6 Sec. 5. Section 908.11, subsection 4, Code 2009, is amended 7 to read as follows: 8 4. If the violation is established, the court may continue 9 the probation or youthful offender status with or without 10 an alteration of the conditions of probation or a youthful 11 offender status. If the defendant is an adult or a youthful 12 offender the court may hold the defendant in contempt of court 13 and sentence the defendant to a jail term while continuing the 14 probation or youthful offender status, order the defendant 15 to be placed in a violator facility established pursuant to 16 section 904.207 while continuing the probation or youthful 17 offender status, or revoke the probation or youthful offender 18 status and require the defendant to serve the sentence imposed 19 or any lesser sentence, and, if imposition of sentence was 20 deferred, may impose any sentence which might originally have 21 been imposed. 22 Sec. 6. REPEAL. Section 904.207, Code 2009, is repealed. 23 EXPLANATION 24 This bill relates to the violator facility established 25 within the department of corrections. 26 The bill repeals Code section 904.207 which establishes the 27 violator facility within the department of corrections. The 28 bill also strikes provisions and internal references in the 29 Code related to the violator facility. 30 The violator facility is a facility established for the 31 temporary confinement of defendants who violate conditions of 32 probation or parole. 33 -2- LSB 5173DP (3) 83 jm/rj 2/ 2