Senate
File
394
-
Reprinted
SENATE
FILE
394
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
238)
(As
Amended
and
Passed
by
the
Senate
March
17,
2015
)
A
BILL
FOR
An
Act
relating
to
responsibilities
for
expenses
for
the
1
safekeeping
and
maintenance
of
prisoners
by
counties
and
2
cities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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394
Section
1.
Section
356.15,
Code
2015,
is
amended
to
read
as
1
follows:
2
356.15
Expenses.
3
1.
a.
All
charges
and
expenses
for
the
safekeeping
and
4
maintenance
of
prisoners
,
as
described
in
section
356.5,
after
5
an
initial
appearance
before
a
magistrate
required
under
6
section
804.21
or
804.22
shall
be
allowed
paid
for
by
the
board
7
of
supervisors,
except
those
committed
or
detained
by
the
8
authority
of
the
courts
of
the
United
States,
in
which
cases
9
the
United
States
must
pay
such
expenses
to
the
county,
or
10
those
committed
for
violation
of
a
city
ordinance,
in
which
11
case
the
city
shall
pay
expenses
to
the
county,
or
those
12
committed
or
detained
from
another
state,
in
which
case
the
13
governmental
entity
from
the
other
state
sending
the
prisoners
14
shall
pay
expenses
to
the
county.
15
b.
For
a
prisoner
who
receives
medical
aid
at
a
hospital
16
or
other
medical
facility
and
is
eligible
for
Medicaid
or
17
is
insured
by
a
third-party
payer,
the
hospital
or
medical
18
facility
shall
first
bill
Medicaid
or
the
prisoner’s
insurer.
19
If
the
prisoner
is
not
eligible
for
Medicaid
and
is
not
20
insured,
the
hospital
or
medical
facility
shall
bill
the
21
prisoner.
If
a
prisoner
fails
to
pay
the
expenses
for
medical
22
aid,
the
hospital
or
other
medical
facility
shall,
through
all
23
reasonable
means,
attempt
to
collect
from
the
prisoner
the
24
amount
charged.
If
the
hospital
or
other
medical
facility
25
is
unable
to
collect
from
the
prisoner,
after
exhausting
26
all
reasonable
means
of
collection,
the
applicable
board
27
of
supervisors,
city
council,
state
agency,
or
the
United
28
States
shall
pay
the
expenses
for
the
medical
aid,
as
required
29
pursuant
to
paragraph
“a”
.
30
2.
All
charges
and
expenses
for
the
safekeeping
and
31
maintenance
of
a
prisoner
before
an
initial
appearance
before
32
a
magistrate
shall
be
paid
for
by
the
governmental
entity
33
responsible
for
arresting
the
prisoner
if
the
charges
and
34
expenses
are
not
otherwise
billed
and
collected
as
provided
in
35
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subsection
1,
paragraph
“b”
.
1
Sec.
2.
Section
804.28,
Code
2015,
is
amended
to
read
as
2
follows:
3
804.28
Department
of
public
safety
prisoners
Sheriff
to
4
accept
custody
.
5
1.
The
sheriff
of
any
county
shall
accept
for
custody
in
6
the
county
jail
of
the
sheriff’s
respective
county
any
person
7
handed
over
to
the
sheriff
for
safekeeping
and
lodging
by
any
8
of
the
following:
9
a.
Any
member
of
the
department
of
public
safety.
10
b.
Any
member
of
any
law
enforcement
agency
within
the
11
county
after
a
magistrate
has
committed
the
person
to
bail
12
pursuant
to
section
804.21
or
804.22.
13
2.
The
county
shall
not
be
liable
for
medical
treatment
for
14
injuries
incurred
by
a
person
before
the
person
is
transferred
15
to
the
custody
of
the
sheriff.
Medical
treatment
for
injuries
16
experienced
by
a
person
before
the
person
is
transferred
to
17
the
custody
of
the
sheriff
shall
be
the
liability
of
the
18
governmental
entity
responsible
for
arresting
the
person
if
the
19
medical
treatment
expenses
are
not
billed
to
and
collected
from
20
the
person
or
an
insurer.
Any
expenses
payable
by
the
state
21
pursuant
to
this
section
shall
be
paid
out
of
any
moneys
in
22
the
state
treasury
not
otherwise
appropriated.
The
expenses
23
payable
by
the
state
shall
be
paid
on
claims
filed
with
the
24
department
of
administrative
services.
25
3.
For
the
purposes
of
this
section
“custody”
is
defined
to
26
begin
at
the
conclusion
of
a
person’s
initial
appearance
before
27
a
magistrate
under
section
804.21
or
804.22
unless
defined
28
otherwise
in
an
agreement
between
the
county
and
another
29
governmental
entity
responsible
for
making
an
individual
30
arrest.
31
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
32
3,
shall
not
apply
to
this
Act.
33
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