Print
House File 432 - IntroducedA Bill ForAn Act 1relating to authorized access to certain confidential
2records by employees of the department of corrections, a
3judicial district department of correctional services, and
4the board of parole.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 125.93, Code 2021, is amended to read as
2follows:
3125.93 Commitment records — confidentiality.
4Records of the identity, diagnosis, prognosis, or
5treatment of a person which are maintained in connection
6with the provision of substance abuse treatment services are
7confidential, consistent with the requirements of section
8125.37, and with the federal confidentiality regulations
9authorized by the federal Drug Abuse Office and Treatment Act,
10 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
11and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
12U.S.C. §290dd-2. However, such records may be disclosed to an
13employee of the department of corrections, if authorized by the
14director of the department of corrections, or to an employee
15of a judicial district department of correctional services, if
16authorized by the director of the judicial district department
17of correctional services.
18 Sec. 2. Section 228.5, subsection 4, Code 2021, is amended
19to read as follows:
204. Mental health information relating to an individual may
21be disclosed to other providers of professional services or
22their employees or agents if and to the extent necessary to
23facilitate the provision of administrative and professional
24services to the individual including to an employee of the
25department of corrections, if authorized by the director of
26the department of corrections, or to an employee of a judicial
27district department of correctional services, if authorized
28by the director of the judicial district department of
29correctional services.
30 Sec. 3. Section 804.29, subsection 2, paragraph d, Code
312021, is amended to read as follows:
32d. An employee of the department of corrections, if
33authorized by the director of the department of corrections, or
34an employee of a judicial district department of correctional
35services, if authorized by the director of the department
-1-1of corrections judicial district department of correctional
2services.
3 Sec. 4. Section 808.13, Code 2021, is amended to read as
4follows:
5808.13 Confidentiality.
6All information filed with the court for the purpose of
7securing a warrant for a search, including but not limited to
8an application and affidavits, shall be a confidential record
9until such time as a peace officer has executed the warrant
10and has made return thereon. During the period of time that
11information is confidential it shall be sealed by the court,
12and the information contained therein shall not be disseminated
13to any person other than a peace officer, magistrate, or
14another court employee, an employee of the department of
15corrections, if authorized by the director of the department of
16corrections, or an employee of a judicial district department
17of correctional services, if authorized by the director of the
18judicial district department of correctional services, in the
19course of official duties.
20 Sec. 5. Section 901.4, Code 2021, is amended to read as
21follows:
22901.4 Presentence investigation report confidential —
23access.
24The presentence investigation report is confidential and the
25court shall provide safeguards to ensure its confidentiality,
26including but not limited to sealing the report, which may
27be opened only by further court order. The defendant’s
28attorney and the attorney for the state shall have access to
29the presentence investigation report at least three days prior
30to the date set for sentencing. The defendant’s appellate
31attorney and the appellate attorney for the state shall have
32access to the presentence investigation report upon request
33and without the necessity of a court order. The report shall
34remain confidential except upon court order. However, the
35court may conceal the identity of the person who provided
-2-1confidential information. The report of a medical examination
2or psychological or psychiatric evaluation shall be made
3available to the attorney for the state and to the defendant
4upon request. The reports are part of the record but shall
5be sealed and opened only on order of the court. If the
6defendant is committed to the custody of the Iowa department
7of corrections and is not a class “A” felon, an employee of
8 the department and, if authorized by the director of the
9department, an employee of a judicial district department
10of correctional services, if authorized by the director of
11the judicial district department of correctional services,
12and an employee of the board of parole, if authorized by the
13chairperson or a member of the board of parole, shall have
14access to the presentence investigation report. Pursuant
15to section 904.602, the presentence investigation report
16may also be released by ordinary or electronic mail by the
17department of corrections or a judicial district department
18of correctional services to another jurisdiction for the
19purpose of providing interstate probation and parole compact
20or interstate compact for adult offender supervision services
21or evaluations, or to a substance abuse or mental health
22services provider when referring a defendant for services.
23The defendant or the defendant’s attorney may file with the
24presentence investigation report, a denial or refutation of the
25allegations, or both, contained in the report. The denial or
26refutation shall be included in the report.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to authorized access to certain
31confidential records by employees of the department of
32corrections, a judicial district department of correctional
33services, and the board of parole.
34The bill provides that certain substance abuse treatment
35commitment records and mental health information may be
-3-1disclosed to an employee of the department of corrections, if
2authorized by the director of the department of corrections,
3or to an employee of a judicial district department of
4correctional services, if authorized by the director of the
5judicial district department of correctional services.
6The bill provides that all information filed with the
7court for the purpose of securing a warrant for an arrest, or
8securing a warrant for a search, is allowed to an employee of
9the department of corrections, if authorized by the director
10of the department of corrections, and to an employee of a
11judicial district department of correctional services, if
12authorized by the director of the judicial district department
13of correctional services.
14The bill provides that access to a presentence investigation
15report of a defendant committed to the custody of the Iowa
16department of corrections is allowed for an employee of the
17department, if authorized by the director of the department,
18an employee of a judicial district department of correctional
19services, if authorized by the director of the judicial
20district department of correctional services, and an employee
21of the board of parole, if authorized by the chairperson or a
22member of the board of parole.
-4-as/rh
2records by employees of the department of corrections, a
3judicial district department of correctional services, and
4the board of parole.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 125.93, Code 2021, is amended to read as
2follows:
3125.93 Commitment records — confidentiality.
4Records of the identity, diagnosis, prognosis, or
5treatment of a person which are maintained in connection
6with the provision of substance abuse treatment services are
7confidential, consistent with the requirements of section
8125.37, and with the federal confidentiality regulations
9authorized by the federal Drug Abuse Office and Treatment Act,
10 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
11and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
12U.S.C. §290dd-2. However, such records may be disclosed to an
13employee of the department of corrections, if authorized by the
14director of the department of corrections, or to an employee
15of a judicial district department of correctional services, if
16authorized by the director of the judicial district department
17of correctional services.
18 Sec. 2. Section 228.5, subsection 4, Code 2021, is amended
19to read as follows:
204. Mental health information relating to an individual may
21be disclosed to other providers of professional services or
22their employees or agents if and to the extent necessary to
23facilitate the provision of administrative and professional
24services to the individual including to an employee of the
25department of corrections, if authorized by the director of
26the department of corrections, or to an employee of a judicial
27district department of correctional services, if authorized
28by the director of the judicial district department of
29correctional services.
30 Sec. 3. Section 804.29, subsection 2, paragraph d, Code
312021, is amended to read as follows:
32d. An employee of the department of corrections, if
33authorized by the director of the department of corrections, or
34an employee of a judicial district department of correctional
35services, if authorized by the director of the department
-1-1of corrections judicial district department of correctional
2services.
3 Sec. 4. Section 808.13, Code 2021, is amended to read as
4follows:
5808.13 Confidentiality.
6All information filed with the court for the purpose of
7securing a warrant for a search, including but not limited to
8an application and affidavits, shall be a confidential record
9until such time as a peace officer has executed the warrant
10and has made return thereon. During the period of time that
11information is confidential it shall be sealed by the court,
12and the information contained therein shall not be disseminated
13to any person other than a peace officer, magistrate, or
14another court employee, an employee of the department of
15corrections, if authorized by the director of the department of
16corrections, or an employee of a judicial district department
17of correctional services, if authorized by the director of the
18judicial district department of correctional services, in the
19course of official duties.
20 Sec. 5. Section 901.4, Code 2021, is amended to read as
21follows:
22901.4 Presentence investigation report confidential —
23access.
24The presentence investigation report is confidential and the
25court shall provide safeguards to ensure its confidentiality,
26including but not limited to sealing the report, which may
27be opened only by further court order. The defendant’s
28attorney and the attorney for the state shall have access to
29the presentence investigation report at least three days prior
30to the date set for sentencing. The defendant’s appellate
31attorney and the appellate attorney for the state shall have
32access to the presentence investigation report upon request
33and without the necessity of a court order. The report shall
34remain confidential except upon court order. However, the
35court may conceal the identity of the person who provided
-2-1confidential information. The report of a medical examination
2or psychological or psychiatric evaluation shall be made
3available to the attorney for the state and to the defendant
4upon request. The reports are part of the record but shall
5be sealed and opened only on order of the court. If the
6defendant is committed to the custody of the Iowa department
7of corrections and is not a class “A” felon, an employee of
8 the department and, if authorized by the director of the
9department, an employee of a judicial district department
10of correctional services, if authorized by the director of
11the judicial district department of correctional services,
12and an employee of the board of parole, if authorized by the
13chairperson or a member of the board of parole, shall have
14access to the presentence investigation report. Pursuant
15to section 904.602, the presentence investigation report
16may also be released by ordinary or electronic mail by the
17department of corrections or a judicial district department
18of correctional services to another jurisdiction for the
19purpose of providing interstate probation and parole compact
20or interstate compact for adult offender supervision services
21or evaluations, or to a substance abuse or mental health
22services provider when referring a defendant for services.
23The defendant or the defendant’s attorney may file with the
24presentence investigation report, a denial or refutation of the
25allegations, or both, contained in the report. The denial or
26refutation shall be included in the report.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to authorized access to certain
31confidential records by employees of the department of
32corrections, a judicial district department of correctional
33services, and the board of parole.
34The bill provides that certain substance abuse treatment
35commitment records and mental health information may be
-3-1disclosed to an employee of the department of corrections, if
2authorized by the director of the department of corrections,
3or to an employee of a judicial district department of
4correctional services, if authorized by the director of the
5judicial district department of correctional services.
6The bill provides that all information filed with the
7court for the purpose of securing a warrant for an arrest, or
8securing a warrant for a search, is allowed to an employee of
9the department of corrections, if authorized by the director
10of the department of corrections, and to an employee of a
11judicial district department of correctional services, if
12authorized by the director of the judicial district department
13of correctional services.
14The bill provides that access to a presentence investigation
15report of a defendant committed to the custody of the Iowa
16department of corrections is allowed for an employee of the
17department, if authorized by the director of the department,
18an employee of a judicial district department of correctional
19services, if authorized by the director of the judicial
20district department of correctional services, and an employee
21of the board of parole, if authorized by the chairperson or a
22member of the board of parole.
-4-as/rh