House File 2221 - Introduced HOUSE FILE 2221 BY DAWSON , HALL , and JORGENSEN A BILL FOR An Act providing for the establishment of county chemical 1 substance abuse monitoring programs for certain criminal 2 offenders. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5681YH (5) 86 ns/nh

H.F. 2221 Section 1. NEW SECTION . 901D.1 Definitions. 1 For the purposes of this chapter, “chemical substance” 2 means “alcoholic beverage” as defined in section 321J.1 and 3 “controlled substance” as defined in section 124.101. 4 Sec. 2. NEW SECTION . 901D.2 County chemical substance abuse 5 monitoring programs. 6 1. Upon approval by the board of supervisors of a county, 7 the county may, in coordination with the county sheriff and 8 the district court of the county, establish a countywide 9 chemical substance abuse monitoring program that is available 10 twenty-four hours per day, seven days per week, in an effort to 11 reduce the number of crimes that have a substantial nexus with 12 chemical substance abuse. 13 2. The chemical substance abuse monitoring program shall do 14 all of the following: 15 a. Require a person who has been charged with, pled guilty 16 to, or been convicted of a crime that has a substantial nexus 17 with chemical substance abuse, as determined by the court, to 18 abstain from all chemical substances for a period of time. 19 However, this section shall not apply to a person who has been 20 charged with, pled guilty to, or been convicted of a first 21 offense of operating while intoxicated in violation of section 22 321J.2 or 321J.2A where the person’s alcohol concentration was 23 lower than .15 and no accident resulting in personal injury or 24 property damage occurred. 25 b. Require the person to be subject to testing to determine 26 whether a chemical substance is present in the person’s body 27 in the following manner: 28 (1) At least twice per day at a central location where an 29 immediate sanction can be applied. 30 (2) Where testing under subparagraph (1) is impractical, by 31 continuous transdermal or electronic monitoring. 32 c. Apply appropriate sanctions when test results 33 definitively, and without presumption, indicate the presence 34 of a chemical substance. 35 -1- LSB 5681YH (5) 86 ns/nh 1/ 3

H.F. 2221 d. Require a person participating in the program to 1 pay program costs, including but not limited to costs of 2 installation, monitoring, and deactivation of any testing 3 devices. 4 3. Notwithstanding any other provision of law to the 5 contrary, a court in a county that has established a program 6 pursuant to this section may order a defendant, as a condition 7 of pretrial release, probation, or bond, to participate in the 8 program. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill provides that, upon approval by the board of 13 supervisors of a county, the county may, in coordination with 14 the county sheriff and the district court of the county, 15 establish a countywide chemical substance abuse monitoring 16 program that is available 24 hours per day, 7 days per week, 17 in an effort to reduce the number of crimes that have a 18 substantial nexus with chemical substance abuse. 19 Under the bill, a chemical substance abuse monitoring 20 program shall require a person who has been charged with, pled 21 guilty to, or been convicted of a crime that has a substantial 22 nexus with chemical substance abuse, as determined by the 23 court, to abstain from all chemical substances for a period of 24 time. However, this does not apply to a person who has been 25 charged with, pled guilty to, or been convicted of a first 26 offense of operating while intoxicated where the person’s 27 alcohol concentration was lower than .15 and no accident 28 resulting in personal injury or property damage occurred. 29 The bill provides that a program shall require the person 30 to be subject to testing to determine whether a chemical 31 substance is present in the person’s body at least twice per 32 day at a central location where an immediate sanction can 33 be applied, or where testing is impractical, by continuous 34 transdermal or electronic monitoring. The program shall 35 -2- LSB 5681YH (5) 86 ns/nh 2/ 3

H.F. 2221 apply appropriate sanctions when test results definitively, 1 and without presumption, indicate the presence of a chemical 2 substance. The bill requires a person participating in the 3 program to pay program costs, including but not limited to 4 costs of installation, monitoring, and deactivation of any 5 testing devices. 6 The bill allows a court in a county that has established 7 a program to order a defendant, as a condition of pretrial 8 release, probation, or bond, to participate in the program. 9 -3- LSB 5681YH (5) 86 ns/nh 3/ 3