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 SF 151 (4) 86 jm/rj/jh
S.F. 151 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 35 -1- SF 151 (4) 86 jm/rj/jh 1/ 6
S.F. 151 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 35 -2- SF 151 (4) 86 jm/rj/jh 2/ 6
S.F. 151 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 -3- SF 151 (4) 86 jm/rj/jh 3/ 6
S.F. 151 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 35 -4- SF 151 (4) 86 jm/rj/jh 4/ 6
S.F. 151 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 35 -5- SF 151 (4) 86 jm/rj/jh 5/ 6
S.F. 151 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 . 20 -6- SF 151 (4) 86 jm/rj/jh 6/ 6