General Assembly: 77 (1998 Regular GA) - Chapter 1131 - Transportation of prisoners and sharing habilitative services and treatment resources for offenders


Published: 1998-04-20

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291 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH. 1131

6. If federal rules or regulations are adopted relating to the distribution or utilization of funds allocated to the state department of education pursuant to this section which are inconsistent with the provisions of this section, the state department of education shall adopt rules to comply with the requirements of the federal rules or regulations.

Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 20, 1998

CHAPTER 1131 TRANSPORTATION OF PRISONERS AND SHARING HABILITATIVE SERVICES AND

TREATMENT RESOURCES FOR OFFENDERS S.F.2331

AN ACT relating to agreements for the provision of services, by excluding persons who provide transportation of prisoners from statutory requirements pertaining to private investigators or security agents and the carrying of weapons, and providing for the sharing of certain habilitative and treatment resources by the department of corrections with the department of human services and providing for certain contractual requirements and the adoption of rules by the department of corrections.

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

Section 1. Section 80A.2, Code 1997, is amended by adding the following new subsec- tion:

NEW SUBSECTION. 9. A person engaged in the business of transporting prisoners un- der a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.

Sec.2. NEW SECTION. 356.50 PRIVATE TRANSPORTATION OF PRISONERS. If a county sheriff contracts with a private person or entity for the transportation of prison-

ers to or from a county jail, the contract shall include provisions which require the follow- ing:

1. The private person or any officers or employees of the private person or private entity shall not have been convicted of any of the following:

a. A felony. b. Within the three-year period immediately preceding the date of the execution of the

contract, a violation of the laws pertaining to operation of motor vehicles punishable as a serious misdemeanor or greater offense.

c. Domestic abuse assault in which bodily injury was inflicted or attempted to be in- flicted.

d. A crime involving illegal manufacture, use, possession, sale, or an attempt to illegally manufacture, use, possess, or sell alcohol or a controlled substance or other drug.

2. The person or persons actually transporting the prisoners shall be trained and profi- cient in the safe use of firearms.

3. Any employees of a private entity which has entered into the contract for transporta- tion of prisoners shall only possess and use security and restraint equipment, including any firearms, which has been issued by the private entity.

CHI 1131 LAWS OF THE SEVENlY-SEVENTH G.A., 1998 SESSION 292

4. The person or persons actually transporting the prisoners shall be trained and profi- cient in appropriate transportation procedures.

5. The person or entity complies, within one year of publication, with any applicable standards for the transportation of prisoners promulgated by the American corrections association.

Sec.3. Section 724.4, subsection 4, Code 1997, is amended by adding the following new paragraph:

NEW PARAGRAPH. k. A person engaged in the business of transporting prisoners un- der a contract with the Iowa department of corrections or a county sheriff, a similar agency from another state, or the federal government.

Sec. 4. Section 904.108, subsection 1, paragraph d, Code Supplement 1997, is amended to read as follows:

d. Establish and maintain acceptable standards of treatment, training, education, and rehabilitation in the various state penal and corrective institutions which shall include habilitative services and treatment for offenders with mental retardation. For the purposes of this paragraph, :habilitative services and treatment: means medical, mental health, so- cial, educational, counseling, and other services which will assist a person with mental retardation to become self-reliant. However, the director may also provide rehabilitative treatment and services to other persons who require the services. The director shall identify all individuals entering the correctional system who are persons with mental retardation, as defined in section 222.2, subsection 4. Identification shall be made by a qualified profes- sional in the area of mental retardation. In assigning an offender with mental retardation, or an offender with an inadequately developed intelligence or with impaired mental abili- ties, to a correctional facility, the director shall consider both the program needs and the security needs of the offender. The director shall consult with the department of human services in providing habilitative services and treatment to offenders with mental illness or mental retardation. The director may enter into agreements with the department of human services to utilize mental health institutions and share staff and resources for purposes of providing habilitative and treatment services, as well as providing other special needs pro- gramming. Any agreement to utilize mental health institutions and to share staff and resources shall provide that the costs of the habilitative and treatment services shall be paid from state funds. Not later than twenty days prior to entering into any agreement to utilize mental health institution staff and resources, other than the use of a building or facility, for purposes of providing habilitative and treatment services, as well as other special needs programming, the directors of the departments of corrections and human services shall each notify the chairpersons and ranking members of the joint appropriations subcommit- tees that last handled the appropriation for their respective departments of the pending agreement. Use of a building or facility shall require approval of the general assembly if the general assembly is in session or, if the general assembly is not in session, the legislative council may grant temporary authority, which shall be subject to final approval of the general assembly during the next succeeding legislative session.

Sec. 5. NEW SECTION. 904.320 PRIVATE TRANSPORTATION OF PRISONERS. 1. If the director contracts with a private person or entity for the transportation of inmates

to or from an institution, the contract shall include provisions which require the following: a. The private person or any officers or employees of the private person or private entity

shall not have been convicted of any of the following: (1) A felony. (2) Within the three-year period immediately preceding the date of the execution of the

contract, a violation of the laws pertaining to operation of motor vehicles punishable as a serious misdemeanor or greater offense.

(3) Domestic abuse assault in which bodily injury was inflicted or attempted to be in- flicted.

293 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH. 1132

(4) A crime involving illegal manufacture, use, possession, sale, or an attempt to illegally manufacture, use, possess, or sell alcohol or a controlled substance or other drug.

b. The person or persons actually transporting the prisoners shall be trained and profi- cient in the safe use of firearms.

c. Any employees of a private entity which has entered into the contract for transporta- tion of prisoners shall only possess and use security and restraint equipment, including any firearms, which has been issued by the private entity.

d. The person or persons actually transporting the prisoners shall be trained and profi- cient in appropriate transportation procedures.

e. The person or entity complies, within one year of publication, with any applicable standards for the transportation of prisoners promulgated by the American corrections association.

2. The department shall adopt rules pertaining to contracts with private persons or enti- ties providing transportation of inmates of institutions under the control of the department.

Approved April 21, 1998

CHAPTER 1132 PAYMENT OF COSTS OF POSTCONVICTION PROCEEDINGS

S.F.2339

AN ACT relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint.

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

Section 1. Section 822.5, Code 1997, is amended to read as follows: 822.5 PAYMENT OF COSTS. h If the applicant is unable to pay court costs and mEpeHses of legal represeHtatioH, iH

cludiHg stenographic, and printing, or other legal services or eOHsultatioH expenses, these costs and expenses shall be made available to the applicant iH the preparatioH of the appli eatiefr; in the trial court, and on review. Unless the applicant is confined in a state institu- tion and is seeking relief under section 822.2. subsections 5 and 6. the costs and expenses of legal representation shall also be made available to the applicant in the preparation of the application. in the trial court. and on review if the applicant is unable to pay. However, nothing in this section shall be interpreted to require payment of expenses of legal represen- tation, including stenographic, printing, or other legal services or consultation, when the applicant is self-represented or is utilizing the services of an inmate. ~ If aH applieaHt eOHfiHed iH a state iHStitutioH seeks relief uHder seetioH 822.2, subsee

tiOH e, aHd the eourt fiHds iH fa .... or of the applieaHt, or wheH relief is deHied aHd eosts aHd expeHses referred to iH subseetioH 1 eaHHot be eolleeted from the applieaHt, these eosts aHd eJ(peHses iHitially shall be paid by the eouHty iH whieh the applieatioH was filed. The faets of paymeHt aHd the proeeediHgs OH whieh it is based, with a statemeHt of the amouHt of eosts aHd eJEpeHSeS iHeurred, shall be submitted to the eouHt)' iH a timely maHHer ..... ith approval iH writiHg by the presidiHg or district judge appeHded to the statemeHt or eHdorsed OH it, aHd shall be eertified by the clerlE of the district eourt uHder seal to the state eJceeuti't'e eouHeil. The eJceeutive eouHeil shall re .... iew the proeeediHgs aHd authorize reimbursemeHt for the