SF 57 (LSB 1781XS (2) 91)

SENATE FILE 57

BY  EVANS

A BILL FOR

An Act requiring the department of health and human services to reimburse a county for the temporary holding of, or confinement of, a sexually violent predator who commits a public offense while subject to an order of civil commitment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229A.5C, subsection 2, Code 2025, is amended to read as follows:
   2.  a.  Upon the filing of a complaint, indictment, or information, the person shall be transferred to the county jail in the county where the public offense occurred until the criminal proceedings have been completed.
   b.  If the person is sentenced to a term of confinement in a county jail, the person shall serve the sentence at the county jail. If the person is sentenced to the custody of the director of the department of corrections, the person shall serve the sentence at a correctional institution.
   c.  (1)  If a person who is subject to an order of civil commitment under this chapter is transferred to a county jail or sentenced to a term of confinement in a county jail pursuant to this subsection, the department shall reimburse the county at a rate of fifty dollars per day for the time period the person is temporarily held after transfer or is confined in the county jail.
   (2)  The department shall use funds appropriated to the department for costs associated with the treatment and commitment of sexually violent predators in the unit located at the state mental health institute at Cherokee, or use funds transferred pursuant to section 218.6, for the payment of reimbursements pursuant to subparagraph (1).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of health and human services (HHS) to reimburse a county at a rate of $50 per day when a sexually violent predator (SVP) is transferred to the county’s jail after the SVP committed a public offense while subject to an order of civil commitment. If the SVP is subsequently sentenced to confinement at the county jail, HHS must reimburse the jail at a rate of $50 per day for each day the SVP is confined.
   The bill requires HHS to use funds appropriated to HHS for costs associated with the treatment and commitment of sexually violent predators in the unit located at the state mental health institute at Cherokee, or use funds transferred pursuant to Code section 218.6 for the payment of reimbursements to county jails.