Senate File 238 - Introduced SENATE FILE 238 BY SODDERS A BILL FOR An Act relating to prisoner charges and expenses. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2284SS (3) 86 aw/rj

S.F. 238 Section 1. Section 356.15, Code 2015, is amended to read as 1 follows: 2 356.15 Expenses. 3 1. All charges and expenses for the safekeeping and 4 maintenance of prisoners after an initial appearance before a 5 magistrate required under section 804.21 or 804.22 shall be 6 allowed by the board of supervisors, except those committed or 7 detained by the authority of the courts of the United States, 8 in which cases the United States must pay such expenses to the 9 county, or those committed for violation of a city ordinance, 10 in which case the city shall pay expenses to the county, or 11 those committed or detained from another state, in which case 12 the governmental entity from the other state sending the 13 prisoners shall pay expenses to the county. 14 2. All charges and expenses for the safekeeping and 15 maintenance of a prisoner before an initial appearance before 16 a magistrate shall be allowed by the governmental entity 17 responsible for arresting the prisoner if the charges and 18 expenses are not charged to and collected from the prisoner 19 pursuant to section 356.7, subsection 1. 20 Sec. 2. Section 804.28, Code 2015, is amended to read as 21 follows: 22 804.28 Department of public safety prisoners Sheriff to 23 accept custody . 24 1. The sheriff of any county shall accept for custody in 25 the county jail of the sheriff’s respective county any person 26 handed over to the sheriff for safekeeping and lodging by any 27 of the following: 28 a. Any member of the department of public safety. 29 b. Any member of any law enforcement agency within the 30 county after a magistrate has committed the person to bail 31 pursuant to section 804.21 or 804.22. 32 2. The county shall not be liable for medical treatment for 33 injuries incurred by a person before the person is transferred 34 to the custody of the sheriff. Medical treatment for injuries 35 -1- LSB 2284SS (3) 86 aw/rj 1/ 3

S.F. 238 experienced by a person before the person is transferred to 1 the custody of the sheriff shall be the liability of the 2 governmental entity responsible for arresting the person if the 3 medical treatment expenses are not charged to and collected 4 from the person. Any expenses payable by the state pursuant 5 to this section shall be paid out of any moneys in the state 6 treasury not otherwise appropriated. The expenses payable by 7 the state shall be paid on claims filed with the department of 8 administrative services. 9 3. For the purposes of this section “custody” is defined to 10 begin at the conclusion of a person’s initial appearance before 11 a magistrate under section 804.21 or 804.22 unless defined 12 otherwise in an agreement between the county and another 13 governmental entity responsible for making an individual 14 arrest. 15 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to county jail charges and expenses. 21 The bill requires that all charges and expenses for the 22 safekeeping and maintenance of a prisoner before an initial 23 appearance before a magistrate be allowed by the governmental 24 entity responsible for arresting the prisoner if the charges 25 and expenses are not charged to and collected from the prisoner 26 pursuant to Code section 356.7, subsection 1. 27 The bill requires that the sheriff of any county accept 28 for custody in the county jail any person handed over to the 29 sheriff for safekeeping and lodging by any law enforcement 30 agency within the county after a magistrate has committed the 31 person to bail. The bill also requires that a governmental 32 entity responsible for arresting a person is liable for any 33 medical treatment for injuries experienced by such a person 34 before the person is transferred to the custody of the sheriff 35 -2- LSB 2284SS (3) 86 aw/rj 2/ 3

S.F. 238 if those expenses are not charged to and collected from the 1 person. 2 The bill may include a state mandate as defined in Code 3 section 25B.3. The bill makes inapplicable Code section 25B.2, 4 subsection 3, which would relieve a political subdivision from 5 complying with a state mandate if funding for the cost of 6 the state mandate is not provided or specified. Therefore, 7 political subdivisions are required to comply with any state 8 mandate included in the bill. 9 -3- LSB 2284SS (3) 86 aw/rj 3/ 3