HSB 111 (LSB 1399XD (1) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF CORRECTIONS BILL)

A BILL FOR

An Act relating to the duties of the director of the department of corrections, the board of corrections, superintendents, and district directors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 904.301, Code 2025, is amended to read as follows:
   904.301  Appointment of superintendents.
   1.  The director shall appoint, subject to the approval advice and recommendations of the board, the superintendents of the institutions provided for in section 904.102.
   2.  The superintendent has the immediate custody and control, subject to the orders and policies of the director, of all property used in connection with the institution except as otherwise provided by statute. The tenure of office of a superintendent shall be at the pleasure of the appointing authority but a superintendent may be removed for inability or refusal to properly perform the duties of the office. Removal shall occur only after an opportunity is given the person to be heard before the board and the director and upon preferred written charges. The removal when made is final.
    Sec. 2.  Section 904.301A, Code 2025, is amended to read as follows:
   904.301A  Appointment of directors.
   1.  The director shall appoint, subject to the approval advice and recommendations of the board, a district director for each district department established in section 904.104A.
   2.  The district director has the immediate custody and control, subject to the orders and policies of the director, of all property used in connection with the district department except as otherwise provided by statute. The tenure of office of a district director shall be at the pleasure of the appointing authority but a district director may be removed for inability or refusal to properly perform the duties of the office.
    Sec. 3.  Section 904.317, subsection 1, Code 2025, is amended to read as follows:
   1.  The director, subject to the approval advice and recommendations of the board, may secure options to purchase real estate and acquire and sell real estate for the proper uses of the institutions. Real estate shall be acquired and sold upon terms and conditions the director recommends subject to the approval of the board. Upon sale of the real estate, the proceeds shall be deposited in a corrections capital reinvestment fund, which is established in the state treasury under the purview of the department. There is appropriated from the fund to the department the proceeds, which may be used to purchase other real estate or for capital improvements upon property under the director’s supervision. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
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 the duties of the director of the department of corrections, the board of corrections, superintendents, and district directors.
   The bill provides that the director of the department of corrections shall appoint, subject to the advice and recommendations of the board, the superintendents of the department of corrections institutions. Current law requires the approval of the board. Current law provides that a superintendent serves at the pleasure of the director but removal of a superintendent shall occur only after an opportunity is given the person to be heard before the board and the director and upon preferred written charges. The bill removes the requirement of an opportunity to be heard.
   The bill provides that the director shall appoint, subject to the advice and recommendations of the board, a district director for each district department. Current law requires the approval of the board.
   The bill provides that the district director has the immediate custody and control, subject to the orders and policies of the director, of all property used in connection with the district department except as otherwise provided by statute. The director serves at the pleasure of the appointing authority but a district director may be removed for inability or refusal to properly perform the duties of the office.
   The bill provides that the director, subject to the advice and recommendations of the board, may secure options to purchase real estate and acquire and sell real estate for the proper uses of the institutions. Current law requires the approval of the board.