SSB 3039 (LSB 5173DP (3) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to the violator facility established within the department of corrections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 901B.1, subsection 4, paragraph a, Code 2009, is amended to read as follows:
   a.  The district department of correctional services shall place an individual committed to it under section 907.3 to the sanction and level of supervision which is appropriate to the individual based upon a current risk assessment evaluation. Placements may be to levels two and three of the corrections continuum. The district department may, with the approval of the Iowa department of public health and the department of corrections, place an individual in a level three substance abuse treatment facility established pursuant to section 135.130, to assist the individual in complying with a condition of probation. The district department may, with the approval of the department of corrections, place an individual in a level four violator facility established pursuant to section 904.207 only as a penalty for a violation of a condition imposed under this section.
    Sec. 2.  Section 904.206, Code 2009, is amended to read as follows:
   904.206  Newton correctional facility.

   The correctional facility at Newton shall be utilized as a correctional facility. The facility shall include minimum security facilities and violator facilities pursuant to section 904.207.
    Sec. 3.  Section 906.1, unnumbered paragraph 3, Code 2009, is amended by striking the unnumbered paragraph.
    Sec. 4.  Section 908.9, Code 2009, is amended to read as follows:
   908.9  Disposition of violator.

   If the parole of a parole violator is revoked, the violator shall remain in the custody of the Iowa department of corrections under the terms of the parolee’s original commitment. If the parole of a parole violator is not revoked, the parole revocation officer or board panel shall order the person’s release subject to the terms of the person’s parole with any modifications that the parole revocation officer or board panel determines proper, or may order that the violator be placed in a violator facility, established pursuant to section 904.207, if the parole revocation officer or board panel determines that placement in a violator facility is necessary.
    Sec. 5.  Section 908.11, subsection 4, Code 2009, is amended to read as follows:
   4.  If the violation is established, the court may continue the probation or youthful offender status with or without an alteration of the conditions of probation or a youthful offender status. If the defendant is an adult or a youthful offender the court may hold the defendant in contempt of court and sentence the defendant to a jail term while continuing the probation or youthful offender status, order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation or youthful offender status, or revoke the probation or youthful offender status and require the defendant to serve the sentence imposed or any lesser sentence, and, if imposition of sentence was deferred, may impose any sentence which might originally have been imposed.
    Sec. 6.  REPEAL.  Section 904.207, Code 2009, is repealed.
EXPLANATION
   This bill relates to the violator facility established within the department of corrections.
   The bill repeals Code section 904.207 which establishes the violator facility within the department of corrections. The bill also strikes provisions and internal references in the Code related to the violator facility.
   The violator facility is a facility established for the temporary confinement of defendants who violate conditions of probation or parole.