Bill Text: IA HF109 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 109 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act establishing a statewide chemical substance abuse monitoring pilot program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-02-05 - Passed subcommittee. [HF109 Detail]

Download: Iowa-2015-HF109-Introduced.html

House File 109 - Introduced




                                 HOUSE FILE       
                                 BY  JORGENSEN and DAWSON

                                      A BILL FOR

  1 An Act establishing a statewide chemical substance abuse
  2    monitoring pilot program.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  STATEWIDE CHEMICAL SUBSTANCE ABUSE MONITORING
  1  2 PILOT PROGRAM.
  1  3    1.  The department of public health, in collaboration with
  1  4 the department of corrections, may approve an application from
  1  5 a county for a countywide chemical substance abuse monitoring
  1  6 pilot program that is available twenty=four hours per day,
  1  7 seven days per week, in an effort to reduce the number of
  1  8 crimes that have a nexus with chemical substance abuse.
  1  9    2.  The chemical substance abuse monitoring pilot program
  1 10 shall do all of the following:
  1 11    a.  Require a person who has been charged with, pled guilty
  1 12 to, or been convicted of a crime that has a nexus with chemical
  1 13 substance abuse to abstain from all chemical substances for a
  1 14 period of time.
  1 15    b.  Require the person to be subject to testing to determine
  1 16 whether a chemical substance is present in the person's body
  1 17 in the following manner:
  1 18    (1)  At least twice per day at a central location where an
  1 19 immediate sanction can be applied.
  1 20    (2)  Where testing under subparagraph (1) is impractical, by
  1 21 continuous transdermal or electronic monitoring.
  1 22    c.  Apply sanctions when test results definitively, and
  1 23 without presumption, indicate the presence of chemical
  1 24 substances.
  1 25    d.  Require a person participating in the program to pay
  1 26 program costs, including costs of installation, monitoring, and
  1 27 deactivation of any testing devices.
  1 28    3.  A court in a county that has established a pilot program
  1 29 pursuant to this section may order a defendant, as a condition
  1 30 of pretrial release, probation, or bond, to participate in the
  1 31 program.
  1 32    4.  An approved pilot program shall begin on January 15,
  1 33 2016, or upon the effective date of department rules, whichever
  1 34 is earlier, and shall be conducted for a minimum of one year.
  1 35    5.  The department of public health shall adopt rules
  2  1 pursuant to chapter 17A to implement this section including
  2  2 but not limited to provisions relating to applications for,
  2  3 approval of, costs of, and oversight of the pilot programs and
  2  4 reporting requirements for participating counties.
  2  5    6.  The department of public health shall submit a report on
  2  6 the results of the pilot programs and make recommendations to
  2  7 the general assembly by December 15, 2017.
  2  8    7.  For the purposes of this section, "chemical substance"
  2  9 means alcohol, wine, spirits, and beer as defined in section
  2 10 123.3 and controlled substances as defined in section 124.101.
  2 11                           EXPLANATION
  2 12 The inclusion of this explanation does not constitute agreement with
  2 13 the explanation's substance by the members of the general assembly.
  2 14    This bill establishes a statewide chemical substance abuse
  2 15 monitoring pilot program. The bill allows the department
  2 16 of public health, in collaboration with the department
  2 17 of corrections, to approve applications from counties for
  2 18 countywide chemical substance abuse monitoring pilot programs.
  2 19 The programs are to be available 24 hours per day, seven days
  2 20 per week, in an effort to reduce the number of crimes that have
  2 21 a nexus with chemical substance abuse. "Chemical substance"
  2 22 includes alcohol, wine, spirits, beer, and controlled
  2 23 substances as those terms are defined in the Code.
  2 24    The programs shall require individuals charged with or
  2 25 convicted of a crime involving chemical substance abuse to
  2 26 abstain from all chemical substances for a period of time.
  2 27 The programs are to require testing to determine whether a
  2 28 chemical substance is present at least twice per day at a
  2 29 central location where an immediate sanction can be applied or,
  2 30 where such testing is impractical, by continuous transdermal or
  2 31 electronic monitoring. The programs shall also apply sanctions
  2 32 when test results definitively indicate the presence of a
  2 33 chemical substance. The programs shall require participants to
  2 34 pay program costs.
  2 35    A court in a county that has established a pilot program
  3  1 may order a defendant, as a condition of pretrial release,
  3  2 probation, or bond, to participate in the program. Approved
  3  3 pilot programs shall begin January 15, 2016, or upon the
  3  4 effective date of department rules, whichever is earlier,
  3  5 and shall be conducted for a minimum of one year. The
  3  6 department of public health is to adopt rules to implement the
  3  7 programs, including but not limited to provisions relating to
  3  8 applications for, approval of, costs of, and oversight of the
  3  9 pilot programs and reporting requirements for participating
  3 10 counties. The department of public health is directed to
  3 11 submit a report on the results of the pilot programs and make
  3 12 recommendations to the general assembly by December 15, 2017.
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