General Assembly: 80 (2003 Regular GA) - Chapter 113 - Criminal offenses and offenders — county and municipal fees and jurisdiction


Published: 2003-05-02

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279 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 113

CH. 113CH. 113

CHAPTER 113

CRIMINAL OFFENSES AND OFFENDERS — COUNTY AND MUNICIPAL FEES AND JURISDICTION

H.F. 650

AN ACT relating to the assessment of a correctional fee by a county or municipality, and to the prosecution of certain criminal offenses committed in a municipality located in two or more counties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 356.7, Code 2003, is amended to read as follows: 356.7 CHARGE FOR ROOM AND BOARD — ENFORCEMENT PROCEDURES. 1. The county sheriff, or a municipality operating a temporary municipal holding facility or

jail, may charge a prisoner who is eighteen years of age or older and who has been convicted of a criminal offense or sentenced for contempt of court for violation of a domestic abuse order for the actual administrative costs relating to the arrest and booking of that prisoner, and for room and board provided to the prisoner while in the custody of the county sheriff or munici- pality. Moneys collected by the sheriff or municipality under this section shall be credited re- spectfully1 to the county general fund or the city general fund and distributed as provided in this section. If a prisoner who has been convicted of a criminal offense or sentenced for con- tempt of court for violation of a domestic abuse order fails to pay for the administrative costs and the room and board, the sheriff ormunicipalitymay file a room and board reimbursement claimwith thedistrict court as provided in subsection 2. The county attorneymay file the room and board reimbursement claim on behalf of the sheriff and the county or the municipality. The attorney for themunicipalitymay also file a reimbursement claim on behalf of themunici- pality. This section does not apply to prisoners who are paying for their room and board by court order pursuant to sections 356.26 through 356.35. 2. The sheriff, municipality, or the county attorney, on behalf of the sheriff, or the attorney

for themunicipality, may file a room and board reimbursement claimwith the clerk of the dis- trict court which shall include all of the following information, if known: a. The name, date of birth, and social security number of the person who is the subject of

the claim. b. The present address of the residence and principal place of business of the person named

in the claim. c. The criminal proceeding pursuant to which the claim is filed, including the name of the

court, the title of the action, and the court’s file number. d. The name and office address of the sheriff or the name and office address of the county

attorney person who is filing the claim on behalf of the sheriff. e. A statement that the notice is being filed pursuant to this section. f. The amount of room and board charges the person owes. g. The amount of administrative costs the person owes. g. h. If the sheriff or municipality wishes to have the amount of the claim for charges owed

included within the amount of restitution determined to be owed by the person, a request that the amount owed be included within the order for payment of restitution by the person. 3. Upon receipt of a claim for room and board reimbursement, the court shall approve the

claim in favor of the sheriff or the county, or themunicipality, for the amount owed by the pris- oner as identified in the claim and any fees or charges associated with the filing or processing of the claimwith the court. The sheriff or municipality may choose to enforce the claim in the manner provided in chapter 626. Once approved by the court, the claim for the amount owed by the person shall have the force and effect of a judgment for purposes of enforcement by the sheriff or municipality. However, irrespective of whether the judgment lien for the amount of the claim has been perfected, the claim shall not have priority over competing claims for child support obligations owed by the person.

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1 See chapter 179, §72 herein

280LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 113

4. This sectiondoesnot limit the right of the sheriff ormunicipality to obtain anyother reme- dy authorized by law. 5. Of the moneys collected and credited to the county general fund as provided in this sec-

tion, sixty percent of the moneys collected shall be used for the following purposes: a. Courthouse security equipment and law enforcement personnel costs. b. Infrastructure improvements of a jail, including new or remodeling costs. c. Infrastructure improvements of juvenile detention facilities, including new or remodel-

ing costs. The sheriff may submit a plan or recommendations to the county board of supervisors for

the use of the funds as provided in this subsection or the sheriff and boardmay jointly develop a plan for the use of the funds. Subject to the requirements of this subsection, funds may be used in the manner set forth in an agreement entered into under chapter 28E. The county board of supervisors shall review the plan or recommendations submitted by the

sheriff during the normal budget process of the county. 6. Of the moneys collected and credited to the city general fund as provided in this section,

sixty percent of the moneys collected shall be used for police or law enforcement budget ex- penditures. 7. As used in this section, “administrative costs relating to the arrest and booking of a pris-

oner” means those functions or automated functions that are performed to receive a prisoner into jail or a temporary holding facility including the following: a. Patting down and searching, booking, wristbanding, bathing, clothing, fingerprinting,

photographing, and medical and dental screening. b. Document preparation, retrieval, updating, filing, and court scheduling. c. Warrant service and processing. d. Inventorying of a prisoner’s money and subsequent account creation. e. Inventorying and storage of a prisoner’s property and clothing. f. Management and supervision.

Sec. 2. Section 803.3, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 4A. If a simple misdemeanor is committed in a city which is located

in two or more counties, venue shall be in the county in which the seat of government of the city is located.

Sec. 3. Section 805.13, subsection 1, Code 2003, is amended to read as follows: 1. Traffic violations, whether or not scheduled, and all other scheduled violations may be

tried before the nearest magistrate in the judicial district in which the offense is committed, or if the offense occurred in a city which is located in two counties, the violation shall be tried in the county in which the seat of government of the city is located.

Sec. 4. Section 910.3, Code 2003, is amended to read as follows: 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. The county attorney shall prepare a statement of pecuniary damages to victims of the defen-

dant and, if applicable, any award by the crime victim compensation program and expenses incurred by public agencies pursuant to section 321J.2, subsection 9, paragraph “b”, and shall provide the statement to the presentence investigator or submit the statement to the court at the time of sentencing. The clerk of court shall prepare a statement of court-appointed attor- ney fees ordered pursuant to section 815.9, including the expense of a public defender, and court costs including correctional fees claimed by a sheriff ormunicipality pursuant to section 356.7, which shall be provided to the presentence investigator or submitted to the court at the time of sentencing. If these statements are provided to the presentence investigator, they shall become a part of the presentence report. If pecuniary damage amounts are not available at the time of sentencing, the county attorney shall provide a statement of pecuniary damages incurred up to that time to the clerk of court. The statement shall be provided no later than thirty days after sentencing. If a defendant believes no person suffered pecuniary damages,

281 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 114

the defendant shall so state. If the defendant has any mental or physical impairment which would limit or prohibit the performance of a public service, the defendant shall so state. The court may order a mental or physical examination, or both, of the defendant to determine a proper course of action. At the time of sentencing or at a later date to be determined by the court, the court shall set out the amount of restitution including the amount of public service to be performed as restitution and the persons to whom restitution must be paid. If the full amount of restitution cannot be determined at the time of sentencing, the court shall issue a temporary order determining a reasonable amount for restitution identified up to that time. At a later date as determined by the court, the court shall issue a permanent, supplemental or- der, setting the full amount of restitution. The court shall enter further supplemental orders, if necessary. These court orders shall be known as the plan of restitution.

Sec. 5. Section 910.9, unnumbered paragraph 3, Code 2003, is amended to read as follows: Fines, penalties, and surcharges, crime victim compensation program reimbursement, pub-

lic agency restitution, court costs including correctional fees claimedby a sheriff ormunicipal- ity pursuant to section 356.7, and court-appointed attorney fees ordered pursuant to section 815.9, including the expenses for public defenders, shall not be withheld by the clerk of court until all victims have been paid in full. Payments to victims shall bemade by the clerk of court at least quarterly. Payments by a clerk of court shall be made no later than the last business day of the quarter, butmaybemademore often at thediscretion of the clerk of court. The clerk of court receiving final payment from an offender shall notify all victims that full restitution hasbeenmade. Eachoffice or individual chargedwith supervisinganoffenderwho is required to perform community service as full or partial restitution shall keep records to assure compli- ancewith theportionsof theplanof restitution and restitutionplanofpayment relating tocom- munity service and,when the offender has complied fullywith the community service require- ment, notify the sentencing court.

Approved May 2, 2003

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CH. 114CH. 114

CHAPTER 114

VETERANS’ MILITARY SERVICE INFORMATION — COUNTY RECORDS — CONFIDENTIALITY

S.F. 94

AN ACT providing for the confidentiality of certain veterans’ records maintained by county recorders.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 22.7, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 47. Military personnel records recorded by the county recorder pur-

suant to section 331.608.

Sec. 2. Section 331.608, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 5A. Unless otherwise provided by the person who requested the re-

cording of a record under this section, notwithstanding section 22.2, subsection 1, such record shall be confidential and shall not bemade available for examination or copying except as fol- lows: