Senate
File
151
-
Reprinted
SENATE
FILE
151
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1022)
(As
Amended
and
Passed
by
the
Senate
March
17,
2015
)
A
BILL
FOR
An
Act
establishing
an
orientation
and
classification
center
1
at
the
Iowa
correctional
institution
for
women
and
at
the
2
Anamosa
state
penitentiary.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
218.92,
Code
2015,
is
amended
to
read
as
1
follows:
2
218.92
Patients
with
dangerous
mental
disturbances.
3
When
a
patient
in
a
state
resource
center
for
persons
with
an
4
intellectual
disability,
a
state
mental
health
institute,
or
5
another
institution
under
the
administration
of
the
department
6
of
human
services
has
become
so
mentally
disturbed
as
to
7
constitute
a
danger
to
self,
to
other
patients
or
staff
of
8
the
institution,
or
to
the
public,
and
the
institution
cannot
9
provide
adequate
security,
the
administrator
in
charge
of
10
the
institution,
with
the
consent
of
the
director
of
the
11
Iowa
department
of
corrections,
may
order
the
patient
to
be
12
transferred
to
the
Iowa
medical
and
classification
center
13
at
Oakdale
,
if
the
superintendent
of
the
institution
from
14
which
the
patient
is
to
be
transferred,
with
the
support
of
a
15
majority
of
the
medical
staff,
recommends
the
transfer
in
the
16
interest
of
the
patient,
other
patients,
or
the
public.
If
17
the
patient
transferred
was
hospitalized
pursuant
to
sections
18
229.6
to
229.15
,
the
transfer
shall
be
promptly
reported
to
19
the
court
that
ordered
the
hospitalization
of
the
patient,
as
20
required
by
section
229.15,
subsection
5
.
The
Iowa
medical
21
and
classification
center
at
Oakdale
has
the
same
rights,
22
duties,
and
responsibilities
with
respect
to
the
patient
as
the
23
institution
from
which
the
patient
was
transferred
had
while
24
the
patient
was
hospitalized
in
the
institution.
The
cost
of
25
the
transfer
shall
be
paid
from
the
funds
of
the
institution
26
from
which
the
transfer
is
made.
27
Sec.
2.
Section
226.30,
Code
2015,
is
amended
to
read
as
28
follows:
29
226.30
Transfer
of
dangerous
patients.
30
When
a
patient
of
any
hospital
for
persons
with
mental
31
illness
becomes
incorrigible,
and
unmanageable
to
such
an
32
extent
that
the
patient
is
dangerous
to
the
safety
of
others
33
in
the
hospital,
the
administrator
may
apply
in
writing
to
the
34
district
court
or
to
any
judge
thereof,
of
the
county
in
which
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the
hospital
is
situated,
for
an
order
to
transfer
the
patient
1
to
the
Iowa
medical
and
classification
center
at
Oakdale
and
if
2
the
order
is
granted
the
patient
shall
be
so
transferred.
The
3
county
attorney
of
the
county
shall
appear
in
support
of
the
4
application
on
behalf
of
the
administrator.
5
Sec.
3.
Section
229.1,
subsection
14,
paragraph
c,
Code
6
2015,
is
amended
to
read
as
follows:
7
c.
Any
other
publicly
supported
hospital
or
institution,
8
or
part
of
such
hospital
or
institution,
which
is
equipped
9
and
staffed
to
provide
inpatient
care
to
persons
with
mental
10
illness,
except
the
Iowa
medical
and
classification
center
11
established
by
chapter
904
at
Oakdale
.
12
Sec.
4.
Section
331.756,
subsection
45,
Code
2015,
is
13
amended
to
read
as
follows:
14
45.
Appear
on
behalf
of
the
administrator
of
the
division
15
of
mental
health
and
disability
services
of
the
department
16
of
human
services
in
support
of
an
application
to
transfer
17
a
person
with
mental
illness
who
becomes
incorrigible
and
18
dangerous
from
a
state
hospital
for
persons
with
mental
illness
19
to
the
Iowa
medical
and
classification
center
at
Oakdale
as
20
provided
in
section
226.30
.
21
Sec.
5.
Section
690.4,
subsection
1,
Code
2015,
is
amended
22
to
read
as
follows:
23
1.
The
warden
of
the
Iowa
medical
and
appropriate
24
classification
center
and
superintendent
of
the
state
training
25
school
shall
take
or
procure
the
taking
of
the
fingerprints,
26
and,
in
the
case
of
the
Iowa
medical
and
classification
center
27
at
Oakdale
only,
Bertillon
photographs
of
any
person
received
28
on
commitment
to
their
respective
institutions,
and
shall
29
forward
such
fingerprint
records
and
photographs
within
ten
30
days
after
they
are
taken
to
the
department
of
public
safety.
31
Information
obtained
from
fingerprint
cards
submitted
pursuant
32
to
this
section
may
be
retained
by
the
department
of
public
33
safety
as
criminal
history
records.
If
a
charge
for
a
serious
34
misdemeanor,
aggravated
misdemeanor,
or
felony
is
brought
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against
a
person
already
in
the
custody
of
a
law
enforcement
or
1
correctional
agency
and
the
charge
is
filed
in
a
case
separate
2
from
the
case
for
which
the
person
was
previously
arrested
3
or
confined,
the
agency
shall
take
the
fingerprints
of
the
4
person
in
connection
with
the
new
case
and
submit
them
to
the
5
department
of
public
safety.
6
Sec.
6.
Section
812.6,
subsection
2,
paragraph
a,
Code
2015,
7
is
amended
to
read
as
follows:
8
a.
A
defendant
who
poses
a
danger
to
the
public
peace
or
9
safety,
or
who
is
otherwise
not
qualified
for
pretrial
release,
10
shall
be
committed
as
a
safekeeper
to
the
custody
of
the
11
director
of
the
department
of
corrections
at
the
Iowa
medical
12
and
classification
center
at
Oakdale
,
or
other
appropriate
13
treatment
facility
as
designated
by
the
director,
for
treatment
14
designed
to
restore
the
defendant
to
competency.
The
costs
of
15
the
treatment
pursuant
to
this
paragraph
shall
be
borne
by
the
16
department
of
corrections.
17
Sec.
7.
Section
901.2,
subsection
2,
paragraph
a,
Code
2015,
18
is
amended
to
read
as
follows:
19
a.
The
court
shall
not
order
a
presentence
investigation
20
when
the
offense
is
a
class
“A”
felony.
If,
however,
the
board
21
of
parole
determines
that
the
Iowa
medical
and
appropriate
22
classification
center
reception
report
for
a
class
“A”
felon
is
23
inadequate,
the
board
may
request
and
shall
be
provided
with
24
additional
information
from
the
appropriate
judicial
district
25
department
of
correctional
services.
26
Sec.
8.
Section
903A.5,
subsection
1,
Code
2015,
is
amended
27
to
read
as
follows:
28
1.
An
inmate
shall
not
be
discharged
from
the
custody
29
of
the
director
of
the
Iowa
department
of
corrections
until
30
the
inmate
has
served
the
full
term
for
which
the
inmate
was
31
sentenced,
less
earned
time
and
other
credits
earned
and
not
32
forfeited,
unless
the
inmate
is
pardoned
or
otherwise
legally
33
released.
Earned
time
accrued
and
not
forfeited
shall
apply
34
to
reduce
a
mandatory
minimum
sentence
being
served
pursuant
35
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to
section
124.406
,
124.413
,
902.7
,
902.8
,
902.8A
,
or
902.11
.
1
An
inmate
shall
be
deemed
to
be
serving
the
sentence
from
the
2
day
on
which
the
inmate
is
received
into
the
institution.
If
3
an
inmate
was
confined
to
a
county
jail,
municipal
holding
4
facility,
or
other
correctional
or
mental
facility
at
any
time
5
prior
to
sentencing,
or
after
sentencing
but
prior
to
the
case
6
having
been
decided
on
appeal,
because
of
failure
to
furnish
7
bail
or
because
of
being
charged
with
a
nonbailable
offense,
8
the
inmate
shall
be
given
credit
for
the
days
already
served
9
upon
the
term
of
the
sentence.
However,
if
a
person
commits
10
any
offense
while
confined
in
a
county
jail,
municipal
holding
11
facility,
or
other
correctional
or
mental
health
facility,
the
12
person
shall
not
be
granted
credit
for
that
offense.
Unless
13
the
inmate
was
confined
in
a
correctional
facility,
the
sheriff
14
of
the
county
in
which
the
inmate
was
confined
or
the
officer
15
in
charge
of
the
municipal
holding
facility
in
which
the
inmate
16
was
confined
shall
certify
to
the
clerk
of
the
district
court
17
from
which
the
inmate
was
sentenced
and
to
the
department
of
18
corrections’
records
administrator
at
the
Iowa
medical
and
19
appropriate
classification
center
the
number
of
days
so
served.
20
The
department
of
corrections’
records
administrator,
or
the
21
administrator’s
designee,
shall
apply
credit
as
ordered
by
the
22
court
of
proper
jurisdiction
or
as
authorized
by
this
section
23
and
section
907.3,
subsection
3
.
24
Sec.
9.
Section
904.102,
subsections
1
and
4,
Code
2015,
are
25
amended
to
read
as
follows:
26
1.
Iowa
correctional
institution
for
women
at
27
Mitchellville
.
28
4.
Iowa
medical
and
classification
center
at
Oakdale
.
29
Sec.
10.
Section
904.108,
subsection
1,
paragraph
c,
Code
30
2015,
is
amended
to
read
as
follows:
31
c.
(1)
Establish
and
maintain
an
orientation
and
32
classification
center
at
the
Iowa
correctional
institution
for
33
women
at
Mitchellville.
34
(2)
Establish
and
maintain
a
program
to
oversee
women’s
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institutional
and
community
corrections
programs
and
to
provide
1
community
support
to
ensure
continuity
and
consistency
of
2
programs.
The
person
responsible
for
implementing
this
section
3
shall
report
to
the
director.
4
Sec.
11.
Section
904.202,
Code
2015,
is
amended
to
read
as
5
follows:
6
904.202
Intake
and
classification
center
centers
.
7
The
director
may
shall
provide
facilities
and
personnel
8
for
a
diagnostic
intake
and
classification
center
at
the
Iowa
9
medical
and
classification
center
at
Oakdale
and
at
the
Iowa
10
correctional
institution
for
women
at
Mitchellville
.
The
11
director
shall
also
provide
facilities
and
personnel
for
a
12
diagnostic
intake
and
classification
center
for
juveniles
13
at
the
Anamosa
state
penitentiary.
The
work
of
the
each
14
center
shall
include
a
scientific
study
of
each
inmate,
the
15
inmate’s
career
and
life
history,
the
causes
of
the
inmate’s
16
criminal
acts
and
recommendations
for
the
inmate’s
custody,
17
care,
training,
employment,
and
counseling
with
a
view
to
18
rehabilitation
and
to
the
protection
of
society.
To
facilitate
19
the
work
of
the
each
center
and
to
aid
in
the
rehabilitation
20
of
the
inmates,
the
trial
judge,
prosecuting
attorney,
21
and
presentence
investigators
shall
furnish
the
director
22
with
any
previously
authorized
presentence
investigation
23
report
and
a
full
statement
of
facts
and
circumstances
24
attending
the
commission
of
the
offense
so
far
as
known
or
25
believed
by
them.
If
the
department
develops
and
utilizes
an
26
inmate
classification
system,
it
must,
within
a
reasonable
27
time,
present
evidence
from
independent
experts
as
to
the
28
effectiveness
and
validity
of
the
classification
system.
29
Sec.
12.
Section
904.503,
subsections
2
and
3,
Code
2015,
30
are
amended
to
read
as
follows:
31
2.
When
the
director
has
cause
to
believe
that
an
inmate
32
in
a
state
correctional
institution
is
mentally
ill,
the
33
Iowa
department
of
corrections
may
cause
the
inmate
to
be
34
transferred
to
the
Iowa
medical
and
classification
center
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at
Oakdale
,
or
to
another
appropriate
facility
within
the
1
department,
for
examination,
diagnosis,
or
treatment.
The
2
inmate
shall
be
confined
at
that
center
or
facility
or
a
state
3
hospital
for
persons
with
mental
illness
until
the
expiration
4
of
the
inmate’s
sentence
or
until
the
inmate
is
pronounced
in
5
good
mental
health.
If
the
inmate
is
pronounced
in
good
mental
6
health
before
the
expiration
of
the
inmate’s
sentence,
the
7
inmate
shall
be
returned
to
the
state
correctional
institution
8
until
the
expiration
of
the
inmate’s
sentence.
9
3.
When
the
director
has
reason
to
believe
that
a
prisoner
10
in
a
state
correctional
institution,
whose
sentence
has
11
expired,
is
mentally
ill,
the
director
shall
cause
examination
12
to
be
made
of
the
prisoner
by
competent
physicians
who
shall
13
certify
to
the
director
whether
the
prisoner
is
in
good
14
mental
health
or
mentally
ill.
The
director
may
make
further
15
investigation
and
if
satisfied
that
the
prisoner
is
mentally
16
ill,
the
director
may
cause
the
prisoner
to
be
transferred
17
to
one
of
the
hospitals
for
persons
with
mental
illness,
or
18
may
order
the
prisoner
to
be
confined
in
the
Iowa
medical
and
19
classification
center
at
Oakdale
.
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