General Assembly: 74 (1992 Regular GA) - Chapter 1072 - Custody of certain persons — absence without leave


Published: 1992-04-13

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79 LA WS OF THE SEVENTY -FOURTH G.A., 1992 SESSION

CHAPTER 1071 IN-HOME DETENTION

H.F. 2407

AN ACT relating to in-home detention.

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

CH. 1072

Section 1. Section 356.26, unnumbered paragraph 3, Code Supplement 1991, is amended to read as follows:

The district court may also grant by order to any person senteneed te held in a county jail the privilege ef a sentenee of in-home detention wflere if the county sheriff has certified to the court that the jail has an in-home detention program.

Approved April 13, 1992

CHAPTER 1072 CUSTODY OF CERTAIN PERSONS - ABSENCE WITHOUT LEAVE

H.F. 2436

AN ACT relating to the detention of persons alleged to be seriously mentally impaired or to be chronic substance abusers.

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

Section 1. Section 125.81, subsection 3, Code Supplement 1991, is amended to read as follows: 3. In a facility in the community which is suitably equipped and staffed for the purpose,

provided that detention in a jail or other facility intended for confinement of those accused or convicted of a crime shall not be ordered. ~ in eases ef aetual emergeney if fl6 ether seetH'e resel:lree is aeeessible, and then 6nly fer a pefled ef fl6t mere than twenty fel:lr lHHffs and tm6er- el6se sl:lperyisien.

Sec. 2. Section 125.85, Code 1991, is amended by adding the following new subsection: NEW SUBSECTION. 5. A person who is placed for evaluation at a facility under section

125.83 or who is committed to a facility under section 125.84, subsection 2, shall remain at that facility unless discharged or otherwise permitted to leave by the court or administrator of the facility. If a person placed at a facility or committed to a facility leaves the facility without permission or without having been discharged, the administrator may notify the sheriff of the person's absence and the sheriff shall take the person into custody and return the person promptly to the facility.

Sec. 3. Section 229.11, subsection 3, Code 1991, is amended to read as follows: 3. In a public or private facility in the community which is suitably equipped and staffed

for the purpose, provided that detention in a jailor other facility intended for confinement of those accused or convicted of crime may shall not be ordered ~ in eases ef aetual emeI'- geney when- fl6 ether seetH'e facility is aeeessible and then 6nly fer a pefled ef fl6t mere than twenty fel:lr lHHffs and tm6er- el6se sl:lper'lisien.

Sec. 4. NEW SECTION. 229.14A ESCAPE FROM CUSTODY. A person who is placed in a hospital or other suitable facility for evaluation under section

229.13 or who is required to remain hospitalized for treatment under section 229.14, subsec- tion 2, shall remain at that hospital or facility unless discharged or otherwise permitted to leave by the court or the chief medical officer of the hospital or facility. If a person placed

CH. 1072 LA WS OF THE SEVENTY -FOURTH G.A., 1992 SESSION 80

at a hospital or facility or required to remain at a hospital or facility leaves the facility without permission or without having been discharged, the chief medical officer may notify the sheriff of the person's absence and the sheriff shall take the person into custody and return the per- son promptly to the hospital or facility.

Approved April 13, 1992

CHAPTER 1073 COUNTY OFFICERS' POWERS AND DUTIES

H.F.2443

AN ACT making technical amendments to the powers, duties, and procedures of county officers and providing for other properly related matters.

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

Section 1. Section 106.77, subsection 7, Code 1991, is amended to read as follows: 7. The county recorder shall maintain a record of any certificate of title it which the county

recorder issues and shall keep each certificate Q! title on record until the certificate Q! title has been inactive for five years.

Sec. 2. Section 176.5, Code 1991, is amended to read as follows: 176.5 ADDITIONAL PROVISIONS. S-tleft The articles may include other provisions which are not inconsistent with the provi-

sions of this chapter and shall be recorded by the county recorder witbout for the fee specified in section 331.604.

Sec. 3. Section 321.126, subsection 6, unnumbered paragraph 1, Code 1991, is amended to read as follows:

If a vehicle is sold or junked aml a Feplaeement vehicle is- Bet- pUFebased withlft the tbff.ty days following the date of sale 6F- junldng, the owner in whose name the vehicle was registered. afte.F the expiFation of the tbiFty day peFiOO-;- may make claim to the department for a refund of the sold or junked vehicle's registration fee. Also if the owner of a vehicle receives a vehi- cle registration fee credit under section 321.46, subsection 3, and the credit allowed exceeds the amount of the registration fee for the vehicle acquired, the owner may claim a refund for the balance of the credit. The refund is subject to the following limitations:

Sec. 4. Section 321.153, Code 1991, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. The distributed teleprocessing network shall be used in the collection, receipting, accounting, and reporting of any fee collected through the regis- tration renewal or title process, with sufficient time and financial resources provided for implementation.

Sec. 5. Section 331.486, Code 1991, is amended to read as follows: 331.486 ASSESSMENT OF COSTS OF PUBLIC IMPROVEMENTS. A county may assess to property within a county special assessment district the cost of con-

struction and repair of public improvements benefiting the district and may assess to eemlty property within a joint special assessment district the cost of construction and repair of public improvements benefiting the district. A county may construct and assess the cost of public improvements within a district in the same manner as a city may proceed under chapter 384,