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Senate File 343 - EnrolledAn Actrelating to authorized access to certain confidential
records by employees of the department of corrections, a
judicial district department of correctional services, and
the board of parole.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 125.93, Code 2021, is amended to read as
follows:
125.93 Commitment records — confidentiality.
Records of the identity, diagnosis, prognosis, or
treatment of a person which are maintained in connection
with the provision of substance abuse treatment services are
confidential, consistent with the requirements of section
125.37, and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment Act,
42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. §290dd-2. However, such records may be disclosed to an
employee of the department of corrections, if authorized by the
director of the department of corrections, or to an employee
of a judicial district department of correctional services, if
authorized by the director of the judicial district department
-1- of correctional services.
Sec. 2. Section 228.5, subsection 4, Code 2021, is amended
to read as follows:
4. Mental health information relating to an individual may
be disclosed to other providers of professional services or
their employees or agents if and to the extent necessary to
facilitate the provision of administrative and professional
services to the individual including to an employee of the
department of corrections, if authorized by the director of
the department of corrections, or to an employee of a judicial
district department of correctional services, if authorized
by the director of the judicial district department of
correctional services.
Sec. 3. Section 804.29, subsection 2, paragraph d, Code
2021, is amended to read as follows:
d. An employee of the department of corrections, if
authorized by the director of the department of corrections, or
an employee of a judicial district department of correctional
services, if authorized by the director of the department
of corrections judicial district department of correctional
services.
Sec. 4. Section 808.13, Code 2021, is amended to read as
follows:
808.13 Confidentiality.
All information filed with the court for the purpose of
securing a warrant for a search, including but not limited to
an application and affidavits, shall be a confidential record
until such time as a peace officer has executed the warrant
and has made return thereon. During the period of time that
information is confidential it shall be sealed by the court,
and the information contained therein shall not be disseminated
to any person other than a peace officer, magistrate, or
another court employee, an employee of the department of
corrections, if authorized by the director of the department of
corrections, or an employee of a judicial district department
-2-of correctional services, if authorized by the director of the
judicial district department of correctional services, in the
course of official duties.
Sec. 5. Section 901.4, Code 2021, is amended to read as
follows:
901.4 Presentence investigation report confidential —
access.
The presentence investigation report is confidential and the
court shall provide safeguards to ensure its confidentiality,
including but not limited to sealing the report, which may
be opened only by further court order. The defendant’s
attorney and the attorney for the state shall have access to
the presentence investigation report at least three days prior
to the date set for sentencing. The defendant’s appellate
attorney and the appellate attorney for the state shall have
access to the presentence investigation report upon request
and without the necessity of a court order. The report shall
remain confidential except upon court order. However, the
court may conceal the identity of the person who provided
confidential information. The report of a medical examination
or psychological or psychiatric evaluation shall be made
available to the attorney for the state and to the defendant
upon request. The reports are part of the record but shall
be sealed and opened only on order of the court. If the
defendant is committed to the custody of the Iowa department
of corrections and is not a class “A” felon, an employee of
the department and, if authorized by the director of the
department, an employee of a judicial district department
of correctional services, if authorized by the director of
the judicial district department of correctional services,
and an employee of the board of parole, if authorized by the
chairperson or a member of the board of parole, shall have
access to the presentence investigation report. Pursuant
to section 904.602, the presentence investigation report
may also be released by ordinary or electronic mail by the
-3-department of corrections or a judicial district department
of correctional services to another jurisdiction for the
purpose of providing interstate probation and parole compact
or interstate compact for adult offender supervision services
or evaluations, or to a substance abuse or mental health
services provider when referring a defendant for services.
The defendant or the defendant’s attorney may file with the
presentence investigation report, a denial or refutation of the
allegations, or both, contained in the report. The denial or
refutation shall be included in the report.
______________________________
JAKE CHAPMAN
President of the Senate
______________________________
PAT GRASSLEY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 343, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2021
______________________________
KIM REYNOLDS
Governor
as/rh
records by employees of the department of corrections, a
judicial district department of correctional services, and
the board of parole.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 125.93, Code 2021, is amended to read as
follows:
125.93 Commitment records — confidentiality.
Records of the identity, diagnosis, prognosis, or
treatment of a person which are maintained in connection
with the provision of substance abuse treatment services are
confidential, consistent with the requirements of section
125.37, and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment Act,
42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. §290dd-2. However, such records may be disclosed to an
employee of the department of corrections, if authorized by the
director of the department of corrections, or to an employee
of a judicial district department of correctional services, if
authorized by the director of the judicial district department
-1- of correctional services.
Sec. 2. Section 228.5, subsection 4, Code 2021, is amended
to read as follows:
4. Mental health information relating to an individual may
be disclosed to other providers of professional services or
their employees or agents if and to the extent necessary to
facilitate the provision of administrative and professional
services to the individual including to an employee of the
department of corrections, if authorized by the director of
the department of corrections, or to an employee of a judicial
district department of correctional services, if authorized
by the director of the judicial district department of
correctional services.
Sec. 3. Section 804.29, subsection 2, paragraph d, Code
2021, is amended to read as follows:
d. An employee of the department of corrections, if
authorized by the director of the department of corrections, or
an employee of a judicial district department of correctional
services, if authorized by the director of the department
of corrections judicial district department of correctional
services.
Sec. 4. Section 808.13, Code 2021, is amended to read as
follows:
808.13 Confidentiality.
All information filed with the court for the purpose of
securing a warrant for a search, including but not limited to
an application and affidavits, shall be a confidential record
until such time as a peace officer has executed the warrant
and has made return thereon. During the period of time that
information is confidential it shall be sealed by the court,
and the information contained therein shall not be disseminated
to any person other than a peace officer, magistrate, or
another court employee, an employee of the department of
corrections, if authorized by the director of the department of
corrections, or an employee of a judicial district department
-2-of correctional services, if authorized by the director of the
judicial district department of correctional services, in the
course of official duties.
Sec. 5. Section 901.4, Code 2021, is amended to read as
follows:
901.4 Presentence investigation report confidential —
access.
The presentence investigation report is confidential and the
court shall provide safeguards to ensure its confidentiality,
including but not limited to sealing the report, which may
be opened only by further court order. The defendant’s
attorney and the attorney for the state shall have access to
the presentence investigation report at least three days prior
to the date set for sentencing. The defendant’s appellate
attorney and the appellate attorney for the state shall have
access to the presentence investigation report upon request
and without the necessity of a court order. The report shall
remain confidential except upon court order. However, the
court may conceal the identity of the person who provided
confidential information. The report of a medical examination
or psychological or psychiatric evaluation shall be made
available to the attorney for the state and to the defendant
upon request. The reports are part of the record but shall
be sealed and opened only on order of the court. If the
defendant is committed to the custody of the Iowa department
of corrections and is not a class “A” felon, an employee of
the department and, if authorized by the director of the
department, an employee of a judicial district department
of correctional services, if authorized by the director of
the judicial district department of correctional services,
and an employee of the board of parole, if authorized by the
chairperson or a member of the board of parole, shall have
access to the presentence investigation report. Pursuant
to section 904.602, the presentence investigation report
may also be released by ordinary or electronic mail by the
-3-department of corrections or a judicial district department
of correctional services to another jurisdiction for the
purpose of providing interstate probation and parole compact
or interstate compact for adult offender supervision services
or evaluations, or to a substance abuse or mental health
services provider when referring a defendant for services.
The defendant or the defendant’s attorney may file with the
presentence investigation report, a denial or refutation of the
allegations, or both, contained in the report. The denial or
refutation shall be included in the report.
______________________________
JAKE CHAPMAN
President of the Senate
______________________________
PAT GRASSLEY
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 343, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2021
______________________________
KIM REYNOLDS
Governor
as/rh