Bill Text: IA HF2221 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act providing for the establishment of county chemical substance abuse monitoring programs for certain criminal offenders.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2016-02-10 - Introduced, referred to Judiciary. H.J. 200. [HF2221 Detail]

Download: Iowa-2015-HF2221-Introduced.html

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House File 2221 - Introduced




                                 HOUSE FILE       
                                 BY  DAWSON, HALL, and
                                     JORGENSEN

                                      A BILL FOR

  1 An Act providing for the establishment of county chemical
  2    substance abuse monitoring programs for certain criminal
  3    offenders.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  901D.1  Definitions.
  1  2    For the purposes of this chapter, "chemical substance"
  1  3 means "alcoholic beverage" as defined in section 321J.1 and
  1  4 "controlled substance" as defined in section 124.101.
  1  5    Sec. 2.  NEW SECTION.  901D.2  County chemical substance abuse
  1  6 monitoring programs.
  1  7    1.  Upon approval by the board of supervisors of a county,
  1  8 the county may, in coordination with the county sheriff and
  1  9 the district court of the county, establish a countywide
  1 10 chemical substance abuse monitoring program that is available
  1 11 twenty=four hours per day, seven days per week, in an effort to
  1 12 reduce the number of crimes that have a substantial nexus with
  1 13 chemical substance abuse.
  1 14    2.  The chemical substance abuse monitoring program shall do
  1 15 all of the following:
  1 16    a.  Require a person who has been charged with, pled guilty
  1 17 to, or been convicted of a crime that has a substantial nexus
  1 18 with chemical substance abuse, as determined by the court, to
  1 19 abstain from all chemical substances for a period of time.
  1 20 However, this section shall not apply to a person who has been
  1 21 charged with, pled guilty to, or been convicted of a first
  1 22 offense of operating while intoxicated in violation of section
  1 23 321J.2 or 321J.2A where the person's alcohol concentration was
  1 24 lower than .15 and no accident resulting in personal injury or
  1 25 property damage occurred.
  1 26    b.  Require the person to be subject to testing to determine
  1 27 whether a chemical substance is present in the person's body
  1 28 in the following manner:
  1 29    (1)  At least twice per day at a central location where an
  1 30 immediate sanction can be applied.
  1 31    (2)  Where testing under subparagraph (1) is impractical, by
  1 32 continuous transdermal or electronic monitoring.
  1 33    c.  Apply appropriate sanctions when test results
  1 34 definitively, and without presumption, indicate the presence
  1 35 of a chemical substance.
  2  1    d.  Require a person participating in the program to
  2  2 pay program costs, including but not limited to costs of
  2  3 installation, monitoring, and deactivation of any testing
  2  4 devices.
  2  5    3.  Notwithstanding any other provision of law to the
  2  6 contrary, a court in a county that has established a program
  2  7 pursuant to this section may order a defendant, as a condition
  2  8 of pretrial release, probation, or bond, to participate in the
  2  9 program.
  2 10                           EXPLANATION
  2 11 The inclusion of this explanation does not constitute agreement with
  2 12 the explanation's substance by the members of the general assembly.
  2 13    This bill provides that, upon approval by the board of
  2 14 supervisors of a county, the county may, in coordination with
  2 15 the county sheriff and the district court of the county,
  2 16 establish a countywide chemical substance abuse monitoring
  2 17 program that is available 24 hours per day, 7 days per week,
  2 18 in an effort to reduce the number of crimes that have a
  2 19 substantial nexus with chemical substance abuse.
  2 20    Under the bill, a chemical substance abuse monitoring
  2 21 program shall require a person who has been charged with, pled
  2 22 guilty to, or been convicted of a crime that has a substantial
  2 23 nexus with chemical substance abuse, as determined by the
  2 24 court, to abstain from all chemical substances for a period of
  2 25 time. However, this does not apply to a person who has been
  2 26 charged with, pled guilty to, or been convicted of a first
  2 27 offense of operating while intoxicated where the person's
  2 28 alcohol concentration was lower than .15 and no accident
  2 29 resulting in personal injury or property damage occurred.
  2 30    The bill provides that a program shall require the person
  2 31 to be subject to testing to determine whether a chemical
  2 32 substance is present in the person's body at least twice per
  2 33 day at a central location where an immediate sanction can
  2 34 be applied, or where testing is impractical, by continuous
  2 35 transdermal or electronic monitoring. The program shall
  3  1 apply appropriate sanctions when test results definitively,
  3  2 and without presumption, indicate the presence of a chemical
  3  3 substance. The bill requires a person participating in the
  3  4 program to pay program costs, including but not limited to
  3  5 costs of installation, monitoring, and deactivation of any
  3  6 testing devices.
  3  7    The bill allows a court in a county that has established
  3  8 a program to order a defendant, as a condition of pretrial
  3  9 release, probation, or bond, to participate in the program.
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