House
Study
Bill
607
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
NUNN)
A
BILL
FOR
An
Act
relating
to
out-of-state
drug
rehabilitation
programs
1
for
certain
bailable
defendants
and
parolees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
811.2,
subsection
1,
paragraph
a,
1
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
2
(2)
Place
restrictions
on
the
travel
taking
into
3
consideration
out-of-state
drug
rehabilitation
requests
or
4
needs
,
association
,
or
place
of
abode
of
the
defendant
during
5
the
period
of
release.
6
Sec.
2.
Section
811.2,
subsection
1,
paragraph
b,
Code
2018,
7
is
amended
to
read
as
follows:
8
b.
(1)
Any
bailable
defendant
who
is
charged
with
unlawful
9
possession,
manufacture,
delivery,
or
distribution
of
a
10
controlled
substance
or
other
drug
under
chapter
124
and
is
11
ordered
released
shall
be
required,
as
a
condition
of
that
12
release,
to
submit
to
a
substance
abuse
evaluation
and
follow
13
any
recommendations
proposed
in
the
evaluation
for
appropriate
14
substance
abuse
treatment.
However,
if
a
bailable
defendant
is
15
charged
with
manufacture,
delivery,
possession
with
the
intent
16
to
manufacture
or
deliver,
or
distribution
of
methamphetamine,
17
its
salts,
optical
isomers,
and
salts
of
its
optical
isomers,
18
the
defendant
shall,
in
addition
to
a
substance
abuse
19
evaluation,
remain
under
supervision
and
be
required
to
undergo
20
random
drug
tests
as
a
condition
of
release.
21
(2)
Any
bailable
defendant
who
is
charged
with
unlawful
22
possession,
manufacture,
delivery,
or
distribution
of
a
23
controlled
substance
or
other
drug
under
chapter
124
and
is
24
ordered
released,
may
be
authorized,
as
a
condition
of
that
25
release,
to
be
present
in
another
state
for
a
continuous
26
extended
period
of
time
while
the
defendant
is
participating
27
in
and
completing
a
certified
drug
rehabilitation
program
in
28
the
other
state.
29
Sec.
3.
Section
906.12,
Code
2018,
is
amended
to
read
as
30
follows:
31
906.12
Parole
outside
state
authorized.
32
The
parole
may
be
to
a
place
outside
the
state
when
the
board
33
of
parole
shall
determine
it
to
be
to
the
best
interest
of
the
34
state
and
the
prisoner,
including
placement
for
a
continuous
35
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extended
period
of
time
outside
the
state
while
the
prisoner
is
1
participating
in
and
completing
a
certified
drug
rehabilitation
2
program,
under
such
rules
as
the
board
of
parole
may
impose.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
out-of-state
drug
rehabilitation
7
programs
for
certain
bailable
defendants
and
parolees.
8
The
bill
provides
any
bailable
defendant
charged
with
a
9
controlled
substance-related
offense
and
ordered
released,
may
10
be
authorized,
as
a
condition
of
that
release,
to
be
present
in
11
another
state
for
a
continuous
extended
period
of
time
while
12
the
defendant
is
participating
in
and
completing
a
certified
13
drug
rehabilitation
program
in
the
other
state.
14
The
bill
provides
that
a
prisoner
placed
on
parole
may
be
15
placed
for
a
continuous
extended
period
of
time
outside
the
16
state
while
the
prisoner
is
participating
in
and
completing
a
17
certified
drug
rehabilitation
program,
subject
to
the
rules
of
18
the
board
of
parole.
19
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