Bill Text: IA HF432 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to authorized access to certain confidential records by employees of the department of corrections, a judicial district department of correctional services, and the board of parole.(Formerly HSB 87.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-17 - Withdrawn. H.J. 466. [HF432 Detail]
Download: Iowa-2021-HF432-Introduced.html
House
File
432
-
Introduced
HOUSE
FILE
432
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
87)
A
BILL
FOR
An
Act
relating
to
authorized
access
to
certain
confidential
1
records
by
employees
of
the
department
of
corrections,
a
2
judicial
district
department
of
correctional
services,
and
3
the
board
of
parole.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
125.93,
Code
2021,
is
amended
to
read
as
1
follows:
2
125.93
Commitment
records
——
confidentiality.
3
Records
of
the
identity,
diagnosis,
prognosis,
or
4
treatment
of
a
person
which
are
maintained
in
connection
5
with
the
provision
of
substance
abuse
treatment
services
are
6
confidential,
consistent
with
the
requirements
of
section
7
125.37
,
and
with
the
federal
confidentiality
regulations
8
authorized
by
the
federal
Drug
Abuse
Office
and
Treatment
Act,
9
42
U.S.C.
§290ee
and
the
federal
Comprehensive
Alcohol
Abuse
10
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act,
42
11
U.S.C.
§290dd-2.
However,
such
records
may
be
disclosed
to
an
12
employee
of
the
department
of
corrections,
if
authorized
by
the
13
director
of
the
department
of
corrections,
or
to
an
employee
14
of
a
judicial
district
department
of
correctional
services,
if
15
authorized
by
the
director
of
the
judicial
district
department
16
of
correctional
services.
17
Sec.
2.
Section
228.5,
subsection
4,
Code
2021,
is
amended
18
to
read
as
follows:
19
4.
Mental
health
information
relating
to
an
individual
may
20
be
disclosed
to
other
providers
of
professional
services
or
21
their
employees
or
agents
if
and
to
the
extent
necessary
to
22
facilitate
the
provision
of
administrative
and
professional
23
services
to
the
individual
including
to
an
employee
of
the
24
department
of
corrections,
if
authorized
by
the
director
of
25
the
department
of
corrections,
or
to
an
employee
of
a
judicial
26
district
department
of
correctional
services,
if
authorized
27
by
the
director
of
the
judicial
district
department
of
28
correctional
services
.
29
Sec.
3.
Section
804.29,
subsection
2,
paragraph
d,
Code
30
2021,
is
amended
to
read
as
follows:
31
d.
An
employee
of
the
department
of
corrections
,
if
32
authorized
by
the
director
of
the
department
of
corrections,
or
33
an
employee
of
a
judicial
district
department
of
correctional
34
services,
if
authorized
by
the
director
of
the
department
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of
corrections
judicial
district
department
of
correctional
1
services
.
2
Sec.
4.
Section
808.13,
Code
2021,
is
amended
to
read
as
3
follows:
4
808.13
Confidentiality.
5
All
information
filed
with
the
court
for
the
purpose
of
6
securing
a
warrant
for
a
search,
including
but
not
limited
to
7
an
application
and
affidavits,
shall
be
a
confidential
record
8
until
such
time
as
a
peace
officer
has
executed
the
warrant
9
and
has
made
return
thereon.
During
the
period
of
time
that
10
information
is
confidential
it
shall
be
sealed
by
the
court,
11
and
the
information
contained
therein
shall
not
be
disseminated
12
to
any
person
other
than
a
peace
officer,
magistrate,
or
13
another
court
employee,
an
employee
of
the
department
of
14
corrections,
if
authorized
by
the
director
of
the
department
of
15
corrections,
or
an
employee
of
a
judicial
district
department
16
of
correctional
services,
if
authorized
by
the
director
of
the
17
judicial
district
department
of
correctional
services,
in
the
18
course
of
official
duties.
19
Sec.
5.
Section
901.4,
Code
2021,
is
amended
to
read
as
20
follows:
21
901.4
Presentence
investigation
report
confidential
——
22
access.
23
The
presentence
investigation
report
is
confidential
and
the
24
court
shall
provide
safeguards
to
ensure
its
confidentiality,
25
including
but
not
limited
to
sealing
the
report,
which
may
26
be
opened
only
by
further
court
order.
The
defendant’s
27
attorney
and
the
attorney
for
the
state
shall
have
access
to
28
the
presentence
investigation
report
at
least
three
days
prior
29
to
the
date
set
for
sentencing.
The
defendant’s
appellate
30
attorney
and
the
appellate
attorney
for
the
state
shall
have
31
access
to
the
presentence
investigation
report
upon
request
32
and
without
the
necessity
of
a
court
order.
The
report
shall
33
remain
confidential
except
upon
court
order.
However,
the
34
court
may
conceal
the
identity
of
the
person
who
provided
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confidential
information.
The
report
of
a
medical
examination
1
or
psychological
or
psychiatric
evaluation
shall
be
made
2
available
to
the
attorney
for
the
state
and
to
the
defendant
3
upon
request.
The
reports
are
part
of
the
record
but
shall
4
be
sealed
and
opened
only
on
order
of
the
court.
If
the
5
defendant
is
committed
to
the
custody
of
the
Iowa
department
6
of
corrections
and
is
not
a
class
“A”
felon,
an
employee
of
7
the
department
and
,
if
authorized
by
the
director
of
the
8
department,
an
employee
of
a
judicial
district
department
9
of
correctional
services,
if
authorized
by
the
director
of
10
the
judicial
district
department
of
correctional
services,
11
and
an
employee
of
the
board
of
parole
,
if
authorized
by
the
12
chairperson
or
a
member
of
the
board
of
parole,
shall
have
13
access
to
the
presentence
investigation
report.
Pursuant
14
to
section
904.602
,
the
presentence
investigation
report
15
may
also
be
released
by
ordinary
or
electronic
mail
by
the
16
department
of
corrections
or
a
judicial
district
department
17
of
correctional
services
to
another
jurisdiction
for
the
18
purpose
of
providing
interstate
probation
and
parole
compact
19
or
interstate
compact
for
adult
offender
supervision
services
20
or
evaluations,
or
to
a
substance
abuse
or
mental
health
21
services
provider
when
referring
a
defendant
for
services.
22
The
defendant
or
the
defendant’s
attorney
may
file
with
the
23
presentence
investigation
report,
a
denial
or
refutation
of
the
24
allegations,
or
both,
contained
in
the
report.
The
denial
or
25
refutation
shall
be
included
in
the
report.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
authorized
access
to
certain
30
confidential
records
by
employees
of
the
department
of
31
corrections,
a
judicial
district
department
of
correctional
32
services,
and
the
board
of
parole.
33
The
bill
provides
that
certain
substance
abuse
treatment
34
commitment
records
and
mental
health
information
may
be
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432
disclosed
to
an
employee
of
the
department
of
corrections,
if
1
authorized
by
the
director
of
the
department
of
corrections,
2
or
to
an
employee
of
a
judicial
district
department
of
3
correctional
services,
if
authorized
by
the
director
of
the
4
judicial
district
department
of
correctional
services.
5
The
bill
provides
that
all
information
filed
with
the
6
court
for
the
purpose
of
securing
a
warrant
for
an
arrest,
or
7
securing
a
warrant
for
a
search,
is
allowed
to
an
employee
of
8
the
department
of
corrections,
if
authorized
by
the
director
9
of
the
department
of
corrections,
and
to
an
employee
of
a
10
judicial
district
department
of
correctional
services,
if
11
authorized
by
the
director
of
the
judicial
district
department
12
of
correctional
services.
13
The
bill
provides
that
access
to
a
presentence
investigation
14
report
of
a
defendant
committed
to
the
custody
of
the
Iowa
15
department
of
corrections
is
allowed
for
an
employee
of
the
16
department,
if
authorized
by
the
director
of
the
department,
17
an
employee
of
a
judicial
district
department
of
correctional
18
services,
if
authorized
by
the
director
of
the
judicial
19
district
department
of
correctional
services,
and
an
employee
20
of
the
board
of
parole,
if
authorized
by
the
chairperson
or
a
21
member
of
the
board
of
parole.
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