Senate Study Bill 3024 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) A BILL FOR An Act relating to persons on probation, parole, or work 1 release at the violator facility or a residential facility 2 operated by the judicial district department of correctional 3 services. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5102DP (2) 86 jm/rj
S.F. _____ H.F. _____ Section 1. Section 904.207, Code 2016, is amended to read 1 as follows: 2 904.207 Violator facility. 3 The director shall may establish a violator facility as a 4 freestanding facility, or designate a portion of an existing 5 correctional facility for the purpose. A violator facility 6 is for the temporary confinement of offenders who have 7 violated conditions of release under work release or parole 8 as defined in section 906.1 , or probation granted as a result 9 of suspension of a sentence to the custody of the director of 10 the department of corrections. The If a violator facility is 11 established, the director shall adopt rules pursuant to chapter 12 17A , subject to the approval of the board, to implement this 13 section . 14 Sec. 2. Section 905.11, Code 2016, is amended to read as 15 follows: 16 905.11 Residential facility residency —— minimum. 17 A person who is serving a sentence under section 902.12 , the 18 maximum term of which exceeds ten years, and who is released 19 on parole or work release shall reside in a residential 20 facility operated by the district department for a period 21 of not less than one year until such time as the district 22 department recommends to the board of parole that the person 23 may be supervised in the community rather than in a residential 24 facility and the board of parole approves the recommendation . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the placement of persons on probation, 29 parole, or work release. 30 Current law requires the director of the department of 31 corrections to establish a violator facility for the temporary 32 confinement of persons who violate conditions of probation, 33 parole, or work release. The bill allows, but does not 34 require, the director of the department of corrections to 35 -1- LSB 5102DP (2) 86 jm/rj 1/ 2
S.F. _____ H.F. _____ establish a violator facility for the temporary confinement of 1 such persons. 2 Current law also requires a person who is serving a 70 3 percent sentence in excess of 10 years, and who is released on 4 parole or work release, to reside in a residential facility 5 operated by a judicial district department of correctional 6 services for a period of not less than one year upon release. 7 The bill changes the one-year parole or work release residency 8 requirement that a person serving a 70 percent sentence in 9 excess of 10 years must reside in a residential facility, to 10 a requirement that the person must reside in a residential 11 facility until such time as the district department recommends 12 to the board of parole that the person may be supervised in the 13 community rather than in a residential facility and the board 14 approves such a recommendation. 15 -2- LSB 5102DP (2) 86 jm/rj 2/ 2