House
File
398
-
Introduced
HOUSE
FILE
398
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
111)
A
BILL
FOR
An
Act
relating
to
the
duties
of
the
director
of
the
department
1
of
corrections,
the
board
of
corrections,
superintendents,
2
and
district
directors.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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398
Section
1.
Section
904.108,
subsection
1,
paragraphs
h,
k,
1
and
l,
Code
2025,
are
amended
to
read
as
follows:
2
h.
Prepare
a
budget
for
the
department,
subject
to
the
3
approval
advice
and
recommendations
of
the
board,
and
other
4
reports
as
required
by
law.
5
k.
Adopt
rules
,
subject
to
the
approval
advice
and
6
recommendations
of
the
board,
pertaining
to
the
internal
7
management
of
institutions
and
agencies
under
the
director’s
8
charge
and
necessary
to
carry
out
the
duties
and
powers
9
outlined
in
this
section
.
10
l.
Adopt
rules,
policies,
and
procedures,
subject
to
the
11
approval
advice
and
recommendations
of
the
board,
pertaining
to
12
community-based
correctional
programs,
and
the
supervision
of
13
parole
and
work
release.
14
Sec.
2.
Section
904.108,
subsection
2,
Code
2025,
is
amended
15
to
read
as
follows:
16
2.
The
director,
with
the
express
approval
advice
and
17
recommendations
of
the
board,
may
establish
for
any
inmate
18
sentenced
pursuant
to
section
902.3
a
furlough
program
under
19
which
inmates
sentenced
to
and
confined
in
any
institution
20
under
the
jurisdiction
of
the
department
may
be
temporarily
21
released.
A
furlough
for
a
period
not
to
exceed
fourteen
22
days
may
be
granted
when
an
immediate
member
of
an
inmate’s
23
family
is
seriously
ill
or
has
died,
when
an
inmate
is
to
be
24
interviewed
by
a
prospective
employer,
or
when
an
inmate
is
25
authorized
to
participate
in
a
training
program
not
available
26
within
the
institution.
Furloughs
for
a
period
not
to
exceed
27
fourteen
days
may
also
be
granted
in
order
to
allow
inmates
to
28
participate
in
programs
or
activities
that
serve
rehabilitative
29
objectives.
30
Sec.
3.
Section
904.110,
Code
2025,
is
amended
to
read
as
31
follows:
32
904.110
Official
seal.
33
The
department
shall
have
an
official
seal
with
the
words
34
“Iowa
Department
of
Corrections”
and
other
an
engraved
design
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as
the
board
prescribes
.
Every
commission,
order,
or
other
1
paper
of
an
official
nature
executed
by
the
department
may
be
2
attested
with
the
seal.
3
Sec.
4.
Section
904.114,
Code
2025,
is
amended
to
read
as
4
follows:
5
904.114
Travel
expenses.
6
The
director,
staff
members,
assistants,
and
employees,
in
7
addition
to
salary,
shall
receive
their
necessary
traveling
8
expenses
by
the
nearest
practicable
route,
when
engaged
in
9
the
performance
of
official
business.
Permission
shall
not
10
be
granted
to
any
person
to
travel
to
another
state
except
by
11
approval
of
the
board
director
or
the
director’s
designee
.
12
Sec.
5.
Section
904.207,
Code
2025,
is
amended
to
read
as
13
follows:
14
904.207
Violator
facility.
15
The
director
may
establish
a
violator
facility
as
a
16
freestanding
facility,
or
designate
a
portion
of
an
existing
17
correctional
facility
for
the
purpose.
A
violator
facility
18
is
for
the
temporary
confinement
of
offenders
who
have
19
violated
conditions
of
release
under
work
release
or
parole
20
as
defined
in
section
906.1
,
or
probation
granted
as
a
result
21
of
suspension
of
a
sentence
to
the
custody
of
the
director
22
of
the
department
of
corrections.
If
a
violator
facility
is
23
established,
the
director
shall
adopt
rules
pursuant
to
chapter
24
17A
,
subject
to
the
approval
advice
and
recommendations
of
the
25
board,
to
implement
this
section
.
26
Sec.
6.
Section
904.301,
Code
2025,
is
amended
to
read
as
27
follows:
28
904.301
Appointment
of
superintendents.
29
1.
The
director
shall
appoint,
subject
to
the
approval
30
advice
and
recommendations
of
the
board,
the
superintendents
of
31
the
institutions
provided
for
in
section
904.102
.
32
2.
The
superintendent
has
the
immediate
custody
and
33
control,
subject
to
the
orders
and
policies
of
the
director,
34
of
all
property
used
in
connection
with
the
institution
except
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as
otherwise
provided
by
statute.
The
tenure
of
office
of
1
a
superintendent
shall
be
at
the
pleasure
of
the
appointing
2
authority
but
a
superintendent
may
be
removed
for
inability
or
3
refusal
to
properly
perform
the
duties
of
the
office.
Removal
4
shall
occur
only
after
an
opportunity
is
given
the
person
to
5
be
heard
before
the
board
and
the
director
and
upon
preferred
6
written
charges.
The
removal
when
made
is
final.
7
Sec.
7.
Section
904.301A,
Code
2025,
is
amended
to
read
as
8
follows:
9
904.301A
Appointment
of
directors.
10
1.
The
director
shall
appoint,
subject
to
the
approval
11
advice
and
recommendations
of
the
board,
a
district
director
12
for
each
district
department
established
in
section
904.104A
.
13
2.
The
district
director
has
the
immediate
custody
and
14
control,
subject
to
the
orders
and
policies
of
the
director,
of
15
all
property
used
in
connection
with
the
district
department
16
except
as
otherwise
provided
by
statute.
The
tenure
of
17
office
of
a
district
director
shall
be
at
the
pleasure
of
the
18
appointing
authority
but
a
district
director
may
be
removed
19
for
inability
or
refusal
to
properly
perform
the
duties
of
the
20
office.
21
Sec.
8.
Section
904.317,
subsection
1,
Code
2025,
is
amended
22
to
read
as
follows:
23
1.
The
director,
subject
to
the
approval
advice
and
24
recommendations
of
the
board,
may
secure
options
to
purchase
25
real
estate
and
acquire
and
sell
real
estate
for
the
proper
26
uses
of
the
institutions.
Real
estate
shall
be
acquired
and
27
sold
upon
terms
and
conditions
the
director
recommends
subject
28
to
the
approval
advice
and
recommendations
of
the
board.
Upon
29
sale
of
the
real
estate,
the
proceeds
shall
be
deposited
in
a
30
corrections
capital
reinvestment
fund,
which
is
established
in
31
the
state
treasury
under
the
purview
of
the
department.
There
32
is
appropriated
from
the
fund
to
the
department
the
proceeds,
33
which
may
be
used
to
purchase
other
real
estate
or
for
capital
34
improvements
upon
property
under
the
director’s
supervision.
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Notwithstanding
section
8.33
,
moneys
in
the
fund
that
remain
1
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
2
not
revert
but
shall
remain
available
for
expenditure
for
the
3
purposes
designated.
Notwithstanding
section
12C.7,
subsection
4
2
,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
5
to
the
fund.
6
Sec.
9.
Section
904.508,
subsection
1,
Code
2025,
is
amended
7
to
read
as
follows:
8
1.
The
superintendent
of
each
institution
shall
receive
and
9
care
for
any
property
an
inmate
may
possess
on
the
inmate’s
10
person
upon
entering
the
institution,
and
on
the
discharge
of
11
the
inmate,
return
the
property
to
the
inmate
or
the
inmate’s
12
legal
representatives,
unless
the
property
has
been
previously
13
disposed
of
according
to
the
inmate’s
written
designation
or
14
policies
prescribed
by
the
board
.
The
superintendent
may
place
15
an
inmate’s
money
at
interest,
keeping
an
account
of
the
money
16
and
returning
the
remaining
money
upon
discharge.
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
the
duties
of
the
director
of
21
the
department
of
corrections,
the
board
of
corrections,
22
superintendents,
and
district
directors.
23
The
bill
provides
that
the
director
of
the
department
of
24
corrections
shall
prepare
a
budget
and
adopt
rules,
policies,
25
and
procedures
upon
the
advice
and
recommendations
of
the
26
board.
The
bill
transfers
other
duties
of
the
board
to
the
27
director
or
the
director’s
designee.
28
The
bill
provides
that
the
director
of
the
department
29
of
corrections
shall
appoint,
subject
to
the
advice
and
30
recommendations
of
the
board,
the
superintendents
of
the
31
department
of
corrections
institutions.
Current
law
requires
32
the
approval
of
the
board.
Current
law
provides
that
a
33
superintendent
serves
at
the
pleasure
of
the
director
34
but
removal
of
a
superintendent
shall
occur
only
after
an
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opportunity
is
given
the
person
to
be
heard
before
the
board
1
and
the
director
and
upon
preferred
written
charges.
The
bill
2
removes
the
requirement
of
an
opportunity
to
be
heard.
3
The
bill
provides
that
the
director
shall
appoint,
subject
4
to
the
advice
and
recommendations
of
the
board,
a
district
5
director
for
each
district
department.
Current
law
requires
6
the
approval
of
the
board.
7
The
bill
provides
that
the
district
director
has
the
8
immediate
custody
and
control,
subject
to
the
orders
and
9
policies
of
the
director,
of
all
property
used
in
connection
10
with
the
district
department
except
as
otherwise
provided
by
11
statute.
The
director
serves
at
the
pleasure
of
the
appointing
12
authority
but
a
district
director
may
be
removed
for
inability
13
or
refusal
to
properly
perform
the
duties
of
the
office.
14
The
bill
provides
that
the
director,
subject
to
the
advice
15
and
recommendations
of
the
board,
may
secure
options
to
16
purchase
real
estate
and
acquire
and
sell
real
estate
for
the
17
proper
uses
of
the
institutions.
Current
law
requires
the
18
approval
of
the
board.
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