HF 528 (LSB 1956HV (1) 86)

HOUSE FILE 528

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HSB 115)

A BILL FOR

An Act relating to responsibilities for expenses for the safekeeping and maintenance of prisoners by counties and cities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 356.15, Code 2015, is amended to read as follows:
   356.15  Expenses.
   1.  a.  All charges and expenses for the safekeeping and maintenance of prisoners, as described in section 356.5, after an initial appearance before a magistrate required under section 804.21 or 804.22 shall be allowed paid for by the board of supervisors, except those committed or detained by the authority of the courts of the United States, in which cases the United States must pay such expenses to the county, or those committed for violation of a city ordinance, in which case the city shall pay expenses to the county, or those committed or detained from another state, in which case the governmental entity from the other state sending the prisoners shall pay expenses to the county.
   b.  For a prisoner who receives medical aid at a hospital or other medical facility and is eligible for Medicaid or is insured by a third-party payer, the hospital or medical facility shall first bill Medicaid or the prisoner’s insurer. If the prisoner is not eligible for Medicaid and is not insured, the hospital or medical facility shall bill the prisoner. If a prisoner fails to pay the expenses for medical aid, the applicable board of supervisors or city council shall pay the expenses for the medical aid, as required pursuant to paragraph “a”.
   2.  All charges and expenses for the safekeeping and maintenance of a prisoner before an initial appearance before a magistrate shall be paid for by the governmental entity responsible for arresting the prisoner if the charges and expenses are not otherwise billed and collected as provided in subsection 1, paragraph “b”.
    Sec. 2.  Section 804.28, Code 2015, is amended to read as follows:
   804.28  Department of public safety prisoners Sheriff to accept custody.
   1.  The sheriff of any county shall accept for custody in the county jail of the sheriff’s respective county any person handed over to the sheriff for safekeeping and lodging by any of the following:
   a.  Any member of the department of public safety.
   b.  Any member of any law enforcement agency within the county after a magistrate has committed the person to bail pursuant to section 804.21 or 804.22.
   2.  The county shall not be liable for medical treatment for injuries incurred by a person before the person is transferred to the custody of the sheriff.  Medical treatment for injuries experienced by a person before the person is transferred to the custody of the sheriff shall be the liability of the governmental entity responsible for arresting the person if the medical treatment expenses are not billed to and collected from the person or an insurer. Any expenses payable by the state pursuant to this section shall be paid out of any moneys in the state treasury not otherwise appropriated. The expenses payable by the state shall be paid on claims filed with the department of administrative services.
   3.  For the purposes of this section “custody” is defined to begin at the conclusion of a person’s initial appearance before a magistrate under section 804.21 or 804.22 unless defined otherwise in an agreement between the county and another governmental entity responsible for making an individual arrest.
    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to expenses for the safekeeping and maintenance of prisoners by counties and cities. Under current law, the board of supervisors for a county is required to allow all charges and expenses for the safekeeping and maintenance of prisoners at a county facility. The bill provides that medical treatment for injuries experienced by a person before the person is transferred to the sheriff are the liability of the arresting governmental entity if the expenses are not billed and collected from the person or an insurer. The bill also establishes a structure for charging and billing for the medical aid expenses of prisoners.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.