SF 2136 (LSB 5240SV (1) 87)

SENATE FILE 2136

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3035)

A BILL FOR

An Act relating to inmate reading rooms in correctional institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 904.310A, Code 2018, is amended by striking the section and inserting in lieu thereof the following:
   904.310A  Information or materials —— distribution.
   1.  Funds appropriated to the department or other funds made available to the department shall not be used to distribute or make available any commercially published information or material to an inmate when such information or material is sexually explicit or features nudity. 
   2.  The department shall adopt rules pursuant to chapter 17A to administer this section.
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 inmate reading rooms in correctional institutions.
   The bill strikes a provision requiring the director of the department of corrections to provide, as necessary, suitable space for reading material for inmates. Additionally, the bill prohibits the department of corrections from using any appropriated funds or other funds made available to the department to distribute or make available any commercially published information or material to an inmate that is sexually explicit or features nudity.
   Currently, the reading material provided by the department of corrections shall not include sexually explicit material which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for inmates, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political, or artistic value. Current law also provides that the space for reading material shall be located in a place where visitors to the institution are not able to view the reading space or materials.