Bill Text: IA HF528 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to responsibilities for expenses for the safekeeping and maintenance of prisoners by counties and cities. (Formerly HSB 115)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-04-15 - Withdrawn. H.J. 849. [HF528 Detail]

Download: Iowa-2015-HF528-Introduced.html

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House File 528 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 115)

                                      A BILL FOR

  1 An Act relating to responsibilities for expenses for the
  2    safekeeping and maintenance of prisoners by counties and
  3    cities.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1956HV (1) 86
    aw/sc

PAG LIN



  1  1    Section 1.  Section 356.15, Code 2015, is amended to read as
  1  2 follows:
  1  3    356.15  Expenses.
  1  4    1.  a.  All charges and expenses for the safekeeping and
  1  5 maintenance of prisoners, as described in section 356.5, after
  1  6 an initial appearance before a magistrate required under
  1  7 section 804.21 or 804.22 shall be allowed paid for by the board
  1  8 of supervisors, except those committed or detained by the
  1  9 authority of the courts of the United States, in which cases
  1 10 the United States must pay such expenses to the county, or
  1 11 those committed for violation of a city ordinance, in which
  1 12 case the city shall pay expenses to the county, or those
  1 13 committed or detained from another state, in which case the
  1 14 governmental entity from the other state sending the prisoners
  1 15 shall pay expenses to the county.
  1 16    b.  For a prisoner who receives medical aid at a hospital
  1 17 or other medical facility and is eligible for Medicaid or
  1 18 is insured by a third=party payer, the hospital or medical
  1 19 facility shall first bill Medicaid or the prisoner's insurer.
  1 20 If the prisoner is not eligible for Medicaid and is not
  1 21 insured, the hospital or medical facility shall bill the
  1 22 prisoner. If a prisoner fails to pay the expenses for medical
  1 23 aid, the applicable board of supervisors or city council shall
  1 24 pay the expenses for the medical aid, as required pursuant to
  1 25 paragraph "a".
  1 26    2.  All charges and expenses for the safekeeping and
  1 27 maintenance of a prisoner before an initial appearance before
  1 28 a magistrate shall be paid for by the governmental entity
  1 29 responsible for arresting the prisoner if the charges and
  1 30 expenses are not otherwise billed and collected as provided in
  1 31 subsection 1, paragraph "b".
  1 32    Sec. 2.  Section 804.28, Code 2015, is amended to read as
  1 33 follows:
  1 34    804.28  Department of public safety prisoners Sheriff to
  1 35 accept custody.
  2  1    1.  The sheriff of any county shall accept for custody in
  2  2 the county jail of the sheriff's respective county any person
  2  3 handed over to the sheriff for safekeeping and lodging by any
  2  4 of the following:
  2  5    a.  Any member of the department of public safety.
  2  6    b.  Any member of any law enforcement agency within the
  2  7 county after a magistrate has committed the person to bail
  2  8 pursuant to section 804.21 or 804.22.
  2  9    2.  The county shall not be liable for medical treatment for
  2 10 injuries incurred by a person before the person is transferred
  2 11 to the custody of the sheriff.  Medical treatment for injuries
  2 12 experienced by a person before the person is transferred to
  2 13 the custody of the sheriff shall be the liability of the
  2 14 governmental entity responsible for arresting the person if the
  2 15 medical treatment expenses are not billed to and collected from
  2 16 the person or an insurer. Any expenses payable by the state
  2 17 pursuant to this section shall be paid out of any moneys in
  2 18 the state treasury not otherwise appropriated. The expenses
  2 19 payable by the state shall be paid on claims filed with the
  2 20 department of administrative services.
  2 21    3.  For the purposes of this section "custody" is defined to
  2 22 begin at the conclusion of a person's initial appearance before
  2 23 a magistrate under section 804.21 or 804.22 unless defined
  2 24 otherwise in an agreement between the county and another
  2 25 governmental entity responsible for making an individual
  2 26 arrest.
  2 27    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 28 3, shall not apply to this Act.
  2 29                           EXPLANATION
  2 30 The inclusion of this explanation does not constitute agreement with
  2 31 the explanation's substance by the members of the general assembly.
  2 32    This bill relates to expenses for the safekeeping and
  2 33 maintenance of prisoners by counties and cities. Under current
  2 34 law, the board of supervisors for a county is required to allow
  2 35 all charges and expenses for the safekeeping and maintenance
  3  1 of prisoners at a county facility. The bill provides that
  3  2 medical treatment for injuries experienced by a person before
  3  3 the person is transferred to the sheriff are the liability
  3  4 of the arresting governmental entity if the expenses are not
  3  5 billed and collected from the person or an insurer. The bill
  3  6 also establishes a structure for charging and billing for the
  3  7 medical aid expenses of prisoners.
  3  8    The bill may include a state mandate as defined in Code
  3  9 section 25B.3.  The bill makes inapplicable Code section 25B.2,
  3 10 subsection 3, which would relieve a political subdivision from
  3 11 complying with a state mandate if funding for the cost of
  3 12 the state mandate is not provided or specified.  Therefore,
  3 13 political subdivisions are required to comply with any state
  3 14 mandate included in the bill.
       LSB 1956HV (1) 86
       aw/sc