Bill Text: IA HF109 | 2015-2016 | 86th General Assembly | 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: TLSB 1930YH (1) 86 ns/nh 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. LSB 1930YH (1) 86 ns/nh