Bill Text: IA SF151 | 2015-2016 | 86th General Assembly | Amended

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Bill Title: A bill for an act establishing an orientation and classification center at the Iowa correctional institution for women and at the Anamosa state penitentiary. (Formerly SSB 1022.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2015-06-04 - Referred to Public Safety. H.J. 1135. [SF151 Detail]

Download: Iowa-2015-SF151-Amended.html

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Senate File 151 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1022)
       (As Amended and Passed by the Senate March 17, 2015)

                                      A BILL FOR

  1 An Act establishing an orientation and classification center
  2    at the Iowa correctional institution for women and at the
  3    Anamosa state penitentiary.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    SF 151 (5) 86
    jm/rj/jh

PAG LIN



  1  1    Section 1.  Section 218.92, Code 2015, is amended to read as
  1  2 follows:
  1  3    218.92  Patients with dangerous mental disturbances.
  1  4    When a patient in a state resource center for persons with an
  1  5 intellectual disability, a state mental health institute, or
  1  6 another institution under the administration of the department
  1  7 of human services has become so mentally disturbed as to
  1  8 constitute a danger to self, to other patients or staff of
  1  9 the institution, or to the public, and the institution cannot
  1 10 provide adequate security, the administrator in charge of
  1 11 the institution, with the consent of the director of the
  1 12 Iowa department of corrections, may order the patient to be
  1 13 transferred to the Iowa medical and classification center
  1 14 at Oakdale, if the superintendent of the institution from
  1 15 which the patient is to be transferred, with the support of a
  1 16 majority of the medical staff, recommends the transfer in the
  1 17 interest of the patient, other patients, or the public. If
  1 18 the patient transferred was hospitalized pursuant to sections
  1 19 229.6 to 229.15, the transfer shall be promptly reported to
  1 20 the court that ordered the hospitalization of the patient, as
  1 21 required by section 229.15, subsection 5. The Iowa medical
  1 22 and classification center at Oakdale has the same rights,
  1 23 duties, and responsibilities with respect to the patient as the
  1 24 institution from which the patient was transferred had while
  1 25 the patient was hospitalized in the institution. The cost of
  1 26 the transfer shall be paid from the funds of the institution
  1 27 from which the transfer is made.
  1 28    Sec. 2.  Section 226.30, Code 2015, is amended to read as
  1 29 follows:
  1 30    226.30  Transfer of dangerous patients.
  1 31    When a patient of any hospital for persons with mental
  1 32 illness becomes incorrigible, and unmanageable to such an
  1 33 extent that the patient is dangerous to the safety of others
  1 34 in the hospital, the administrator may apply in writing to the
  1 35 district court or to any judge thereof, of the county in which
  2  1 the hospital is situated, for an order to transfer the patient
  2  2 to the Iowa medical and classification center at Oakdale and if
  2  3 the order is granted the patient shall be so transferred. The
  2  4 county attorney of the county shall appear in support of the
  2  5 application on behalf of the administrator.
  2  6    Sec. 3.  Section 229.1, subsection 14, paragraph c, Code
  2  7 2015, is amended to read as follows:
  2  8    c.  Any other publicly supported hospital or institution,
  2  9 or part of such hospital or institution, which is equipped
  2 10 and staffed to provide inpatient care to persons with mental
  2 11 illness, except the Iowa medical and classification center
  2 12 established by chapter 904 at Oakdale.
  2 13    Sec. 4.  Section 331.756, subsection 45, Code 2015, is
  2 14 amended to read as follows:
  2 15    45.  Appear on behalf of the administrator of the division
  2 16 of mental health and disability services of the department
  2 17 of human services in support of an application to transfer
  2 18 a person with mental illness who becomes incorrigible and
  2 19 dangerous from a state hospital for persons with mental illness
  2 20 to the Iowa medical and classification center at Oakdale as
  2 21 provided in section 226.30.
  2 22    Sec. 5.  Section 690.4, subsection 1, Code 2015, is amended
  2 23 to read as follows:
  2 24    1.  The warden of the Iowa medical and appropriate
  2 25  classification center and superintendent of the state training
  2 26 school shall take or procure the taking of the fingerprints,
  2 27 and, in the case of the Iowa medical and classification center
  2 28 at Oakdale only, Bertillon photographs of any person received
  2 29 on commitment to their respective institutions, and shall
  2 30 forward such fingerprint records and photographs within ten
  2 31 days after they are taken to the department of public safety.
  2 32 Information obtained from fingerprint cards submitted pursuant
  2 33 to this section may be retained by the department of public
  2 34 safety as criminal history records. If a charge for a serious
  2 35 misdemeanor, aggravated misdemeanor, or felony is brought
  3  1 against a person already in the custody of a law enforcement or
  3  2 correctional agency and the charge is filed in a case separate
  3  3 from the case for which the person was previously arrested
  3  4 or confined, the agency shall take the fingerprints of the
  3  5 person in connection with the new case and submit them to the
  3  6 department of public safety.
  3  7    Sec. 6.  Section 812.6, subsection 2, paragraph a, Code 2015,
  3  8 is amended to read as follows:
  3  9    a.  A defendant who poses a danger to the public peace or
  3 10 safety, or who is otherwise not qualified for pretrial release,
  3 11 shall be committed as a safekeeper to the custody of the
  3 12 director of the department of corrections at the Iowa medical
  3 13 and classification center at Oakdale, or other appropriate
  3 14 treatment facility as designated by the director, for treatment
  3 15 designed to restore the defendant to competency. The costs of
  3 16 the treatment pursuant to this paragraph shall be borne by the
  3 17 department of corrections.
  3 18    Sec. 7.  Section 901.2, subsection 2, paragraph a, Code 2015,
  3 19 is amended to read as follows:
  3 20    a.  The court shall not order a presentence investigation
  3 21 when the offense is a class "A" felony. If, however, the board
  3 22 of parole determines that the Iowa medical and appropriate
  3 23  classification center reception report for a class "A" felon is
  3 24 inadequate, the board may request and shall be provided with
  3 25 additional information from the appropriate judicial district
  3 26 department of correctional services.
  3 27    Sec. 8.  Section 903A.5, subsection 1, Code 2015, is amended
  3 28 to read as follows:
  3 29    1.  An inmate shall not be discharged from the custody
  3 30 of the director of the Iowa department of corrections until
  3 31 the inmate has served the full term for which the inmate was
  3 32 sentenced, less earned time and other credits earned and not
  3 33 forfeited, unless the inmate is pardoned or otherwise legally
  3 34 released. Earned time accrued and not forfeited shall apply
  3 35 to reduce a mandatory minimum sentence being served pursuant
  4  1 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
  4  2 An inmate shall be deemed to be serving the sentence from the
  4  3 day on which the inmate is received into the institution. If
  4  4 an inmate was confined to a county jail, municipal holding
  4  5 facility, or other correctional or mental facility at any time
  4  6 prior to sentencing, or after sentencing but prior to the case
  4  7 having been decided on appeal, because of failure to furnish
  4  8 bail or because of being charged with a nonbailable offense,
  4  9 the inmate shall be given credit for the days already served
  4 10 upon the term of the sentence. However, if a person commits
  4 11 any offense while confined in a county jail, municipal holding
  4 12 facility, or other correctional or mental health facility, the
  4 13 person shall not be granted credit for that offense. Unless
  4 14 the inmate was confined in a correctional facility, the sheriff
  4 15 of the county in which the inmate was confined or the officer
  4 16 in charge of the municipal holding facility in which the inmate
  4 17 was confined shall certify to the clerk of the district court
  4 18 from which the inmate was sentenced and to the department of
  4 19 corrections' records administrator at the Iowa medical and
  4 20  appropriate classification center the number of days so served.
  4 21 The department of corrections' records administrator, or the
  4 22 administrator's designee, shall apply credit as ordered by the
  4 23 court of proper jurisdiction or as authorized by this section
  4 24 and section 907.3, subsection 3.
  4 25    Sec. 9.  Section 904.102, subsections 1 and 4, Code 2015, are
  4 26 amended to read as follows:
  4 27    1.  Iowa correctional institution for women at
  4 28 Mitchellville.
  4 29    4.  Iowa medical and classification center at Oakdale.
  4 30    Sec. 10.  Section 904.108, subsection 1, paragraph c, Code
  4 31 2015, is amended to read as follows:
  4 32    c.  (1)  Establish and maintain an orientation and
  4 33 classification center at the Iowa correctional institution for
  4 34 women at Mitchellville.
  4 35    (2)  Establish and maintain a program to oversee women's
  5  1 institutional and community corrections programs and to provide
  5  2 community support to ensure continuity and consistency of
  5  3 programs. The person responsible for implementing this section
  5  4 shall report to the director.
  5  5    Sec. 11.  Section 904.202, Code 2015, is amended to read as
  5  6 follows:
  5  7    904.202  Intake and classification center centers.
  5  8    The director may shall provide facilities and personnel
  5  9 for a diagnostic intake and classification centerat the Iowa
  5 10 medical and classification center at Oakdale and at the Iowa
  5 11 correctional institution for women at Mitchellville.  The
  5 12 director shall also provide facilities and personnel for a
  5 13 diagnostic intake and classification center for juveniles
  5 14 at the Anamosa state penitentiary. The work of the each
  5 15  center shall include a scientific study of each inmate, the
  5 16 inmate's career and life history, the causes of the inmate's
  5 17 criminal acts and recommendations for the inmate's custody,
  5 18 care, training, employment, and counseling with a view to
  5 19 rehabilitation and to the protection of society. To facilitate
  5 20 the work of the each center and to aid in the rehabilitation
  5 21 of the inmates, the trial judge, prosecuting attorney,
  5 22 and presentence investigators shall furnish the director
  5 23 with any previously authorized presentence investigation
  5 24 report and a full statement of facts and circumstances
  5 25 attending the commission of the offense so far as known or
  5 26 believed by them. If the department develops and utilizes an
  5 27 inmate classification system, it must, within a reasonable
  5 28 time, present evidence from independent experts as to the
  5 29 effectiveness and validity of the classification system.
  5 30    Sec. 12.  Section 904.503, subsections 2 and 3, Code 2015,
  5 31 are amended to read as follows:
  5 32    2.  When the director has cause to believe that an inmate
  5 33 in a state correctional institution is mentally ill, the
  5 34 Iowa department of corrections may cause the inmate to be
  5 35 transferred to the Iowa medical and classification center
  6  1 at Oakdale, or to another appropriate facility within the
  6  2 department, for examination, diagnosis, or treatment. The
  6  3 inmate shall be confined at that center or facility or a state
  6  4 hospital for persons with mental illness until the expiration
  6  5 of the inmate's sentence or until the inmate is pronounced in
  6  6 good mental health. If the inmate is pronounced in good mental
  6  7 health before the expiration of the inmate's sentence, the
  6  8 inmate shall be returned to the state correctional institution
  6  9 until the expiration of the inmate's sentence.
  6 10    3.  When the director has reason to believe that a prisoner
  6 11 in a state correctional institution, whose sentence has
  6 12 expired, is mentally ill, the director shall cause examination
  6 13 to be made of the prisoner by competent physicians who shall
  6 14 certify to the director whether the prisoner is in good
  6 15 mental health or mentally ill. The director may make further
  6 16 investigation and if satisfied that the prisoner is mentally
  6 17 ill, the director may cause the prisoner to be transferred
  6 18 to one of the hospitals for persons with mental illness, or
  6 19 may order the prisoner to be confined in the Iowa medical and
  6 20 classification center at Oakdale.
       SF 151 (5) 86
       jm/rj/jh