Bill Text: IA HF2367 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act permitting the establishment of prearrest diversion programs for certain offenders. (Formerly HF 2155)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-11 - Rereferred to Public Safety. H.J. 456. [HF2367 Detail]
Download: Iowa-2015-HF2367-Introduced.html
House File 2367 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2155) A BILL FOR 1 An Act permitting the establishment of prearrest diversion 2 programs for certain offenders. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5634HV (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 905.4, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12. Have the authority to establish a 1 4 prearrest diversion program within the judicial district. 1 5 Sec. 2. NEW SECTION. 905A.1 Legislative findings. 1 6 The general assembly encourages local communities and public 1 7 and private educational institutions to implement a prearrest 1 8 diversion program that affords certain persons who fulfill 1 9 specified intervention and community service obligations the 1 10 opportunity to avoid an arrest record. 1 11 Sec. 3. NEW SECTION. 905A.2 Definitions. 1 12 As used in this chapter: 1 13 1. "Civil citation" means a notice to report for orientation 1 14 at a prearrest diversion program established by a judicial 1 15 district. 1 16 2. "Judicial district" means a judicial district department 1 17 of correctional services. 1 18 3. "Person" means an individual eighteen years of age or 1 19 older. 1 20 Sec. 4. NEW SECTION. 905A.3 Requirements. 1 21 1. a. A person may be issued a civil citation, at the 1 22 sole discretion of a peace officer, in lieu of issuing a 1 23 criminal citation or making an arrest for a simple misdemeanor 1 24 offense or similar local ordinance, if the person accepts 1 25 responsibility for the commission of the criminal offense, the 1 26 person has not been previously been arrested as an adult for 1 27 such an offense, and a prearrest diversion program has been 1 28 established by the board of directors of the judicial district 1 29 in which the person is found. 1 30 b. A person's acceptance of responsibility for the 1 31 offense shall not be considered a confession and shall not be 1 32 admissible in a criminal prosecution for the underlying simple 1 33 misdemeanor offense or similar local ordinance that prompted 1 34 the issuance of the civil citation. 1 35 2. A person shall not be allowed to participate in a 2 1 prearrest diversion program if the criminal offense involves a 2 2 victim and the victim objects to the participation. 2 3 3. A civil citation is not subject to examination or 2 4 disclosure under chapter 22. 2 5 Sec. 5. NEW SECTION. 905A.4 Prearrest diversion program == 2 6 intake == community service == records. 2 7 1. A person who receives a civil citation shall report for 2 8 orientation at the time and place specified by the prearrest 2 9 diversion program. Orientation may include but is not 2 10 limited to any combination of the following: an assessment, 2 11 intervention, educational instruction, or a mental health or 2 12 substance abuse=related treatment. 2 13 2. After the completion of orientation, the person may 2 14 be required to perform the number of community service hours 2 15 specified by the prearrest diversion program. 2 16 3. If the person does not complete orientation and the 2 17 community service hours required within a specified time 2 18 period, the law enforcement agency issuing the civil citation 2 19 shall criminally charge the person with the criminal offense 2 20 that prompted the issuance of the civil citation and the 2 21 criminal offense shall be referred to the county attorney for 2 22 criminal prosecution. 2 23 4. a. If the person successfully completes the requirements 2 24 of the prearrest diversion program, an arrest record shall not 2 25 be associated with the commission of the underlying criminal 2 26 offense. 2 27 b. The fact of issuance of a civil citation or information 2 28 regarding the underlying criminal offense that prompted the 2 29 issuance of the civil citation shall not appear in or be 2 30 considered a part of a person's arrest data, correctional data, 2 31 or disposition data under chapter 692, upon the successful 2 32 completion of the requirements of a prearrest diversion 2 33 program. 2 34 c. The court's record, if any, of the issuance of a civil 2 35 citation or the underlying criminal offense that prompted the 3 1 issuance of the civil citation shall be expunged as defined 3 2 in section 907.1, upon the successful completion of the 3 3 requirements of a prearrest diversion program. 3 4 Sec. 6. NEW SECTION. 905A.5 Criminal offenses eligible for 3 5 prearrest diversion program. 3 6 A simple misdemeanor offense or similar local ordinance 3 7 is eligible for a prearrest diversion program, except the 3 8 following simple misdemeanor offenses or similar local 3 9 ordinances shall not be eligible for a prearrest diversion 3 10 program: 3 11 1. Possession of drug paraphernalia in violation of section 3 12 124.414. 3 13 2. Domestic abuse assault in violation of section 708.2A, 3 14 subsection 2, paragraph "a". 3 15 Sec. 7. NEW SECTION. 905A.6 Fees. 3 16 1. A person placed in a prearrest diversion program shall 3 17 be required to pay an enrollment fee of three hundred dollars 3 18 to the judicial district to offset the costs of the program. 3 19 In addition to the enrollment fee, the district department may 3 20 require a person to pay a fee to the district department to 3 21 offset the costs of providing other programming to the person. 3 22 2. Each district department shall retain fees collected for 3 23 administrative and program services. 3 24 3. The department of corrections may adopt rules on behalf 3 25 of a judicial district for the administration of this section. 3 26 If adopted, the rules shall include a provision for waiving the 3 27 collection of fees for persons determined to be unable to pay. 3 28 Sec. 8. NEW SECTION. 905A.7 Immunity == peace officers 3 29 defended. 3 30 1. A civil or criminal action shall not be commenced against 3 31 a peace officer for exercising discretion under section 905A.3. 3 32 2. Section 670.8 shall apply to a civil or criminal 3 33 action commenced against a peace officer for exercising such 3 34 discretion. 3 35 EXPLANATION 4 1 The inclusion of this explanation does not constitute agreement with 4 2 the explanation's substance by the members of the general assembly. 4 3 This bill relates to the establishment of prearrest 4 4 diversion programs for certain simple misdemeanants. 4 5 The bill permits the board of directors of a judicial 4 6 district department of correctional services to establish a 4 7 prearrest diversion program. 4 8 Under the bill, the prearrest diversion of a criminal 4 9 offender begins with the issuance of a civil citation. The 4 10 bill provides that a person may be issued a civil citation, 4 11 at the sole discretion of a peace officer, in lieu of issuing 4 12 a criminal citation or making arrest for certain simple 4 13 misdemeanors or similar local ordinance, if the person accepts 4 14 responsibility for the commission of the criminal offense, the 4 15 person has not been previously been arrested as an adult for 4 16 such an offense, and a prearrest diversion program has been 4 17 established by the board of directors of the judicial district. 4 18 The bill provides that a person's acceptance of 4 19 responsibility for the commission of the criminal offense shall 4 20 not be considered a confession and shall not be admissible in a 4 21 criminal prosecution for the underlying criminal offense. 4 22 The bill specifies that a civil citation is not subject to 4 23 examination or disclosure under Code chapter 22. 4 24 The bill prohibits the participation of a criminal offender 4 25 in the program if the criminal offense involves a victim and 4 26 the victim objects to the participation. 4 27 Under the bill, a person who receives a civil citation 4 28 shall report for orientation at the time and place specified 4 29 by the prearrest diversion program. The bill specifies that 4 30 orientation may include but is not limited to any combination 4 31 of the following: an assessment, intervention, educational 4 32 instruction, or mental health or substance abuse=related 4 33 treatment. 4 34 After completion of orientation, the person may be required 4 35 to perform community service hours specified by the prearrest 5 1 diversion program. 5 2 If the person does not complete orientation and the 5 3 community service hours required, if any, within a specified 5 4 time period, the bill requires the law enforcement agency 5 5 issuing the civil citation to criminally charge the person with 5 6 the criminal offense that prompted the issuance of the civil 5 7 citation, and the criminal offense shall be referred to the 5 8 county attorney for criminal prosecution. 5 9 If the person successfully completes the prearrest diversion 5 10 program, the bill prohibits an arrest record to be associated 5 11 with the commission of the criminal offense that prompted the 5 12 issuance of the civil citation. 5 13 The bill further specifies that the issuance of a civil 5 14 citation or the underlying criminal offense that prompted 5 15 the issuance of the civil citation shall not appear in or be 5 16 considered a part of a person's arrest data, correctional data, 5 17 or disposition data under Code chapter 692, upon the successful 5 18 completion of a prearrest diversion program. 5 19 The bill also provides that the court's record, if any, of 5 20 the issuance of the civil citation or the underlying criminal 5 21 offense that prompted the issuance of the civil citation 5 22 shall be expunged as defined in Code section 907.1, upon the 5 23 successful completion of the prearrest diversion program. 5 24 The criminal offenses eligible for the issuance of a civil 5 25 citation under the bill include all simple misdemeanors or 5 26 violations of similar local ordinances except for possession 5 27 of drug paraphernalia in violation of Code section 124.414 or 5 28 domestic abuse assault in violation of Code section 708.2A. 5 29 The bill requires a person placed in a prearrest diversion 5 30 program to pay an enrollment fee of $300 to the judicial 5 31 district to offset the costs of the program. In addition to 5 32 the enrollment fee, the bill allows the judicial district to 5 33 charge a fee to offset the costs of other programming provided 5 34 to the person placed in the program. The bill allows the 5 35 judicial district to retain the fees collected pursuant to the 6 1 bill. The bill provides that the department of corrections 6 2 may adopt rules on behalf of a judicial district to administer 6 3 the bill, but any rules, if adopted, shall include a provision 6 4 for waiving the collection of fees for persons determined to 6 5 be unable to pay. 6 6 The bill prohibits the commencement of any civil or criminal 6 7 action against a peace officer for exercising discretion when 6 8 issuing a civil citation in lieu of a criminal citation. The 6 9 bill also requires the governing body to defend a peace officer 6 10 from civil actions filed against the officer for issuing a 6 11 civil citation in lieu of a criminal citation under the bill. LSB 5634HV (3) 86 jm/rj
