Senate
Study
Bill
3105
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
KREIMAN)
A
BILL
FOR
An
Act
relating
to
the
confinement
of
persons
committed
to
the
1
custody
of
the
department
of
corrections
at
a
jail.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5044XC
(3)
83
jm/nh
S.F.
_____
Section
1.
Section
901.7,
Code
2009,
is
amended
to
read
as
1
follows:
2
901.7
Commitment
to
custody.
3
In
imposing
a
sentence
of
confinement
for
more
than
one
4
year,
the
court
shall
commit
the
defendant
to
the
custody
of
5
the
director
of
the
Iowa
department
of
corrections.
Upon
entry
6
of
judgment
and
sentence,
the
clerk
of
the
district
court
7
immediately
shall
notify
the
director
of
the
commitment.
The
8
court
shall
make
an
order
as
appropriate
for
the
temporary
9
custody
of
the
defendant
pending
the
defendant’s
transfer
to
10
the
custody
of
the
director.
The
court
shall
order
the
county
11
where
a
person
was
convicted
to
pay
the
cost
of
temporarily
12
confining
the
person
and
of
transporting
the
person
to
the
13
state
institution
where
the
person
is
to
be
confined
in
14
execution
of
the
judgment.
If
the
person
is
sentenced
to
15
confinement
pursuant
to
section
903.4,
subsection
3,
paragraph
16
“b”
,
the
state
shall
pay
the
cost
of
confinement
beginning
17
on
the
first
day
of
confinement
after
sentencing.
The
order
18
shall
require
that
a
person
transported
to
a
state
institution
19
pursuant
to
this
section
shall
be
accompanied
by
a
person
of
20
the
same
sex.
21
Sec.
2.
Section
903.1,
subsection
2,
Code
2009,
is
amended
22
to
read
as
follows:
23
2.
When
a
person
is
convicted
of
an
aggravated
misdemeanor,
24
and
a
specific
penalty
is
not
provided
for,
the
maximum
penalty
25
shall
be
imprisonment
not
to
exceed
two
years.
There
shall
be
26
a
fine
of
at
least
six
hundred
twenty-five
dollars
but
not
to
27
exceed
six
thousand
two
hundred
fifty
dollars.
When
a
judgment
28
of
conviction
of
an
aggravated
misdemeanor
is
entered
against
29
any
person
and
the
court
imposes
a
sentence
of
confinement
30
for
a
period
of
more
than
one
year
the
term
shall
be
an
31
indeterminate
term.
Such
confinement
may
be
at
a
jail
pursuant
32
to
section
903.4,
subsection
3,
paragraph
“b”
.
33
Sec.
3.
Section
903.4,
Code
2009,
is
amended
to
read
as
34
follows:
35
-1-
LSB
5044XC
(3)
83
jm/nh
1/
7
S.F.
_____
903.4
Providing
place
of
confinement.
1
1.
All
persons
A
person
sentenced
to
confinement
for
a
2
period
of
one
year
or
less
shall
be
confined
in
a
place
to
be
3
furnished
by
the
county
where
the
conviction
was
had
unless
the
4
person
is
presently
committed
to
the
custody
of
the
director
5
of
the
Iowa
department
of
corrections,
in
which
case
the
6
provisions
of
section
901.8
apply.
7
2.
All
persons
A
person
sentenced
to
confinement
for
a
8
period
of
more
than
one
year
shall
be
committed
to
the
custody
9
of
the
director
of
the
Iowa
department
of
corrections
to
be
10
confined
in
a
place
to
be
designated
by
the
director
and
the
11
cost
of
the
confinement
shall
be
borne
by
the
state
except
as
12
provided
in
subsection
3
.
13
3.
A
person
sentenced
to
confinement
for
a
period
of
more
14
than
one
year
but
not
exceeding
two
years
shall
be
committed
to
15
the
custody
of
the
director
of
the
department
of
corrections
to
16
be
confined
for
an
indefinite
term
in
a
place
designated
by
the
17
court
as
follows:
18
a.
The
court
may
order
the
confinement
be
in
a
place
19
designated
by
the
director.
20
b.
The
court
may
order
the
confinement
be
served
in
a
jail
21
subject
to
the
limitations
in
subsection
4.
22
(1)
A
person
confined
pursuant
to
this
paragraph
“b”
is
23
eligible
to
receive
a
reduction
of
sentence
as
provided
in
24
chapter
903A.
25
(2)
A
person
confined
pursuant
to
this
paragraph
“b”
shall
26
be
paroled
or
placed
on
work
release
status,
if
eligible,
in
27
the
same
manner
as
other
persons
committed
to
the
custody
of
28
the
director
of
the
department
of
corrections.
29
(3)
The
director
shall
consider
a
person
confined
pursuant
30
to
this
paragraph
“b”
an
inmate
confined
at
an
institution
of
31
the
department
when
practical.
32
4.
The
court
shall
not
sentence
a
person
to
confinement
33
pursuant
to
subsection
3,
paragraph
“b”
,
unless
the
director
34
has
approved
the
jail
as
an
acceptable
place
of
confinement
35
-2-
LSB
5044XC
(3)
83
jm/nh
2/
7
S.F.
_____
for
persons
committed
to
the
custody
of
the
director
and
the
1
director
has
negotiated
a
contract
with
the
county
pursuant
to
2
subsection
6.
3
5.
The
cost
of
confinement
pursuant
to
subsections
2
and
3
4
shall
be
borne
by
the
state.
5
6.
The
director
may
contract
with
local
governmental
6
units
a
county
for
the
use
of
detention
or
correctional
7
facilities
maintained
by
the
units
a
jail
for
the
confinement
8
of
such
persons
pursuant
to
subsection
3,
paragraph
“b”
.
9
Sec.
4.
Section
903A.1,
Code
2009,
is
amended
to
read
as
10
follows:
11
903A.1
Conduct
review.
12
The
director
of
the
Iowa
department
of
corrections
shall
13
appoint
independent
administrative
law
judges
whose
duties
14
shall
include
but
are
not
limited
to
review,
as
provided
in
15
section
903A.3,
of
the
conduct
of
inmates
in
institutions
under
16
the
department
or
inmates
committed
to
the
custody
of
the
17
director
of
the
department
of
corrections
but
confined
in
a
18
county
jail
pursuant
to
section
903.4,
subsection
3,
paragraph
19
“b”
.
Sections
10A.801
and
17A.11
do
not
apply
to
administrative
20
law
judges
appointed
pursuant
to
this
section.
21
Sec.
5.
Section
903A.2,
subsection
1,
paragraph
a,
22
subparagraphs
(3)
and
(4),
Code
2009,
are
amended
to
read
as
23
follows:
24
(3)
An
employment
program
established
or
approved
by
the
25
director.
26
(4)
A
treatment
program
established
or
approved
by
the
27
director.
28
Sec.
6.
Section
903A.2,
subsection
3,
Code
2009,
is
amended
29
to
read
as
follows:
30
3.
a.
Time
served
in
a
jail
or
another
facility
prior
to
31
actual
placement
in
an
institution
under
the
control
of
the
32
department
of
corrections
and
credited
against
the
sentence
by
33
the
court
shall
accrue
for
the
purpose
of
reduction
of
sentence
34
under
this
section.
Time
which
elapses
during
an
escape
shall
35
-3-
LSB
5044XC
(3)
83
jm/nh
3/
7
S.F.
_____
not
accrue
for
purposes
of
reduction
of
sentence
under
this
1
section.
2
b.
Time
served
in
a
jail
or
another
facility
prior
to
actual
3
placement
in
a
jail
pursuant
to
section
903.4,
subsection
4
3,
paragraph
“b”
,
and
credited
against
the
sentence
by
the
5
court
shall
accrue
for
the
purpose
of
reduction
of
sentence
6
under
this
section.
Time
which
elapses
during
an
escape
shall
7
not
accrue
for
purposes
of
reduction
of
sentence
under
this
8
section.
9
Sec.
7.
Section
906.6,
Code
2009,
is
amended
to
read
as
10
follows:
11
906.6
Cooperation
of
correction
personnel.
12
All
persons
employed
in
a
correctional
institution
or
13
jail
shall
grant
to
the
members
of
the
board
of
parole,
or
its
14
properly
accredited
representatives,
access
at
all
reasonable
15
times
to
any
person
over
whom
the
board
has
jurisdiction,
shall
16
provide
for
the
board
or
its
representatives
facilities
for
17
communicating
with
and
observing
the
person,
and
shall
furnish
18
to
the
board
reports
the
board
requires
concerning
the
conduct
19
and
character
of
any
person
in
their
custody
and
any
other
20
facts
deemed
by
the
board
pertinent
in
determining
whether
the
21
person
shall
be
released
on
parole
or
work
release.
22
Sec.
8.
Section
906.9,
unnumbered
paragraph
1,
Code
2009,
23
is
amended
to
read
as
follows:
24
When
an
inmate
is
discharged,
paroled,
or
placed
on
work
25
release,
the
sheriff,
warden
,
or
superintendent
shall
furnish
26
the
inmate,
at
state
expense,
appropriate
clothing
and
27
transportation
to
the
place
in
this
state
indicated
in
the
28
inmate’s
discharge,
parole,
or
work
release
plan.
When
an
29
inmate
is
discharged,
paroled,
or
placed
on
work
release,
the
30
sheriff,
warden
,
or
superintendent
shall
provide
the
inmate,
at
31
state
expense
,
or
through
inmate
savings
as
provided
in
section
32
904.508,
money
in
accordance
with
the
following
schedule:
33
Sec.
9.
Section
906.9,
unnumbered
paragraph
2,
Code
2009,
34
is
amended
to
read
as
follows:
35
-4-
LSB
5044XC
(3)
83
jm/nh
4/
7
S.F.
_____
Those
inmates
receiving
payment
under
subsection
2
shall
1
not
be
eligible
for
payment
under
subsection
1
unless
they
are
2
returned
to
the
institution
or
jail
.
An
inmate
shall
only
be
3
eligible
to
receive
one
payment
under
this
section
during
any
4
twelve-month
period.
The
sheriff,
warden
,
or
superintendent
5
shall
maintain
an
account
of
all
funds
expended
pursuant
to
6
this
section.
7
Sec.
10.
Section
906.16,
subsections
1
and
4,
Code
2009,
are
8
amended
to
read
as
follows:
9
1.
Except
as
otherwise
provided
in
this
section,
the
10
time
when
a
prisoner
is
on
parole
or
work
release
from
the
11
institution
or
jail
shall
apply
to
the
sentence
against
the
12
parolee
or
work
releasee.
13
4.
The
time
when
a
prisoner
is
absent
from
the
institution
14
or
jail
by
reason
of
an
escape
shall
not
apply
upon
the
15
sentence
against
the
prisoner.
16
EXPLANATION
17
This
bill
relates
to
confining
persons
committed
to
the
18
custody
of
the
department
of
corrections
at
a
jail.
19
The
bill
affects
a
person
sentenced
to
confinement
for
more
20
than
one
year
but
not
exceeding
two
years.
21
Under
the
bill,
a
person
sentenced
to
confinement
for
more
22
than
one
year
but
not
exceeding
two
years
shall
be
committed
to
23
the
custody
of
the
director
of
the
department
of
corrections
24
for
an
indefinite
term
in
a
place
designated
by
the
court.
The
25
bill
allows
the
court
to
sentence
a
period
of
confinement
at
26
an
institution
designated
by
the
director
of
the
department
of
27
corrections
or,
in
the
alternative,
the
court
may
order
the
28
period
of
confinement
be
served
in
a
county
jail.
Current
law
29
requires
any
person
sentenced
to
confinement
for
more
than
one
30
year
serve
that
sentence
in
a
place
to
be
designated
by
the
31
director
of
the
department
of
corrections.
32
The
court
shall
not
sentence
persons
eligible
for
33
confinement
at
a
jail
pursuant
to
the
bill,
unless
the
director
34
of
the
department
of
corrections
has
approved
the
jail
as
an
35
-5-
LSB
5044XC
(3)
83
jm/nh
5/
7
S.F.
_____
acceptable
place
of
confinement
for
persons
committed
to
the
1
custody
of
the
director
and
the
director
has
negotiated
a
2
contract
with
the
county
to
confine
such
persons.
The
bill
3
specifies
the
director
of
the
department
of
corrections
may
4
contract
with
a
county
for
the
use
of
the
jail
for
persons
5
sentenced
to
confinement
under
the
bill.
Current
law
permits
6
the
director
of
the
department
of
corrections
to
contract
with
7
a
local
government
for
the
use
of
a
detention
or
correctional
8
facility
maintained
by
the
local
government
to
confine
persons.
9
The
costs
of
a
person
sentenced
to
confinement
at
a
jail
10
under
the
bill
shall
be
paid
by
the
state.
11
The
bill
directs
the
director
of
the
department
of
12
corrections
to
consider
an
inmate
confined
at
a
jail
pursuant
13
to
the
bill
an
inmate
confined
at
an
institution
of
the
14
department
of
corrections.
15
A
person
sentenced
to
confinement
at
a
jail
under
the
16
bill
is
eligible
to
receive
earned
time
in
the
same
manner
17
as
other
inmates
committed
to
the
custody
of
the
director
of
18
the
department
of
corrections
and
who
are
serving
a
sentence
19
of
confinement
at
an
institution
under
the
control
of
the
20
department
of
corrections.
21
The
bill
expands
the
authority
of
the
director
of
the
22
department
of
corrections
to
approve
employment
and
treatment
23
programs,
not
established
by
the
director,
that
would
be
24
available
to
reduce
the
sentence
of
an
inmate,
if
the
inmate
25
successfully
completes
such
a
program.
26
The
bill
allows
an
administrative
law
judge
appointed
27
pursuant
to
Code
section
903A.1
to
review
the
conduct
of
28
an
inmate
committed
to
the
custody
of
the
director
of
the
29
department
of
corrections
who
is
sentenced
to
confinement
in
30
a
jail.
31
A
person
confined
at
a
jail
pursuant
to
the
bill
shall
be
32
paroled,
if
eligible,
in
the
same
manner
as
other
persons
33
committed
to
the
custody
of
the
director
of
the
department
of
34
corrections.
35
-6-
LSB
5044XC
(3)
83
jm/nh
6/
7
S.F.
_____
The
bill
does
not
affect
reimbursements
to
counties
for
1
violators
under
Code
sections
904.513
(operating
while
2
intoxicated),
904.908
(work
release),
and
906.17
(parole).
3
-7-
LSB
5044XC
(3)
83
jm/nh
7/
7