Senate File 325 - Reprinted SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1128) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the procedures and duties of the judicial 2 branch, including sending notices and reports, and providing 3 an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 325 6 jm/cc/26 PAG LIN 1 1 Section 1. NEW SECTION. 602.8102A NOTICES RETURNED FOR 1 2 UNKNOWN ADDRESS == RESENDING. 1 3 Notwithstanding any other provision of the Code to the 1 4 contrary, and subject to rules prescribed by the supreme 1 5 court, if the clerk of the district court sends a mailing or 1 6 notice to a person or party and the mailing or notice is 1 7 returned by the postal service to the clerk of the district 1 8 court as undeliverable, the clerk is not required to send a 1 9 repeat or subsequent mailing or notice unless the clerk 1 10 receives an updated mailing address. 1 11 Sec. 2. Section 901.4, Code 2005, is amended to read as 1 12 follows: 1 13 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL == 1 14 DISTRIBUTION. 1 15 The presentence investigation report is confidential and 1 16 the court shall provide safeguards to ensure its 1 17 confidentiality, including but not limited to sealing the 1 18 report, which may be opened only by further court order. At 1 19 least three days prior to the date set for sentencing, the 1 20 court shallservesend a copy of all of the presentence 1 21 investigation reportuponby ordinary or electronic mail, to 1 22 the defendant's attorney and the attorney for the state, and 1 23 the report shall remain confidential except upon court order. 1 24 However, the court may conceal the identity of the person who 1 25 provided confidential information. The report of a medical 1 26 examination or psychological or psychiatric evaluation shall 1 27 be made available to the attorney for the state and to the 1 28 defendant upon request. The reports are part of the record 1 29 but shall be sealed and opened only on order of the court. If 1 30 the defendant is committed to the custody of the Iowa 1 31 department of corrections and is not a class "A" felon, a copy 1 32 of the presentence investigation report shall be forwarded by 1 33 ordinary or electronic mail to the director with the order of 1 34 commitment by the clerk of the district court and to the board 1 35 of parole at the time of commitment. Pursuant to section 2 1 904.602, the presentence investigation report may also be 2 2 released by ordinary or electronic mail by the department of 2 3 corrections or a judicial district department of correctional 2 4 services to another jurisdiction for the purpose of providing 2 5 interstate probation and parole compact or interstate compact 2 6 for adult offender supervision services or evaluations, or to 2 7 a substance abuse or mental health services provider when 2 8 referring a defendant for services. The defendant or the 2 9 defendant's attorney may file with the presentence 2 10 investigation report, a denial or refutation of the 2 11 allegations, or both, contained in the report. The denial or 2 12 refutation shall be included in the report. If the person is 2 13 sentenced for an offense which requires registration under 2 14 chapter 692A, the court shall release the report by ordinary 2 15 or electronic mail to the department. 2 16 Sec. 3. ADOPTION OF COURT RULE RELATED TO TRIBAL COURTS. 2 17 The general assembly acknowledges that contact and interaction 2 18 between the Iowa court system and federally recognized tribal 2 19 courts are ever increasing and the general assembly urges the 2 20 Iowa supreme court to consider developing and prescribing 2 21 rules that recognize the tribal court system and enforces 2 22 tribal court orders, judgments, and decrees. 2 23 Sec. 4. EFFECTIVE DATE. The section of this Act enacting 2 24 section 602.8102A, being deemed of immediate importance, takes 2 25 effect upon enactment. 2 26 SF 325 2 27 jm:nh/cc/26