Bill Text: IA SF238 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to prisoner charges and expenses. (See SF 394.)
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-02-24 - Passed subcommittee. [SF238 Detail]
Download: Iowa-2015-SF238-Introduced.html
Senate File 238 - Introduced SENATE FILE BY SODDERS A BILL FOR 1 An Act relating to prisoner charges and expenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2284SS (3) 86 aw/rj 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. All charges and expenses for the safekeeping and 1 5 maintenance of prisoners after an initial appearance before a 1 6 magistrate required under section 804.21 or 804.22 shall be 1 7 allowed by the board of supervisors, except those committed or 1 8 detained by the authority of the courts of the United States, 1 9 in which cases the United States must pay such expenses to the 1 10 county, or those committed for violation of a city ordinance, 1 11 in which case the city shall pay expenses to the county, or 1 12 those committed or detained from another state, in which case 1 13 the governmental entity from the other state sending the 1 14 prisoners shall pay expenses to the county. 1 15 2. All charges and expenses for the safekeeping and 1 16 maintenance of a prisoner before an initial appearance before 1 17 a magistrate shall be allowed by the governmental entity 1 18 responsible for arresting the prisoner if the charges and 1 19 expenses are not charged to and collected from the prisoner 1 20 pursuant to section 356.7, subsection 1. 1 21 Sec. 2. Section 804.28, Code 2015, is amended to read as 1 22 follows: 1 23 804.28Department of public safety prisonersSheriff to 1 24 accept custody. 1 25 1. The sheriff of any county shall accept for custody in 1 26 the county jail of the sheriff's respective county any person 1 27 handed over to the sheriff for safekeeping and lodging by any 1 28 of the following: 1 29 a. Any member of the department of public safety. 1 30 b. Any member of any law enforcement agency within the 1 31 county after a magistrate has committed the person to bail 1 32 pursuant to section 804.21 or 804.22. 1 33 2. The county shall not be liable for medical treatment for 1 34 injuries incurred by a person before the person is transferred 1 35 to the custody of the sheriff. Medical treatment for injuries 2 1 experienced by a person before the person is transferred to 2 2 the custody of the sheriff shall be the liability of the 2 3 governmental entity responsible for arresting the person if the 2 4 medical treatment expenses are not charged to and collected 2 5 from the person. Any expenses payable by the state pursuant 2 6 to this section shall be paid out of any moneys in the state 2 7 treasury not otherwise appropriated. The expenses payable by 2 8 the state shall be paid on claims filed with the department of 2 9 administrative services. 2 10 3. For the purposes of this section "custody" is defined to 2 11 begin at the conclusion of a person's initial appearance before 2 12 a magistrate under section 804.21 or 804.22 unless defined 2 13 otherwise in an agreement between the county and another 2 14 governmental entity responsible for making an individual 2 15 arrest. 2 16 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 17 3, shall not apply to this Act. 2 18 EXPLANATION 2 19 The inclusion of this explanation does not constitute agreement with 2 20 the explanation's substance by the members of the general assembly. 2 21 This bill relates to county jail charges and expenses. 2 22 The bill requires that all charges and expenses for the 2 23 safekeeping and maintenance of a prisoner before an initial 2 24 appearance before a magistrate be allowed by the governmental 2 25 entity responsible for arresting the prisoner if the charges 2 26 and expenses are not charged to and collected from the prisoner 2 27 pursuant to Code section 356.7, subsection 1. 2 28 The bill requires that the sheriff of any county accept 2 29 for custody in the county jail any person handed over to the 2 30 sheriff for safekeeping and lodging by any law enforcement 2 31 agency within the county after a magistrate has committed the 2 32 person to bail. The bill also requires that a governmental 2 33 entity responsible for arresting a person is liable for any 2 34 medical treatment for injuries experienced by such a person 2 35 before the person is transferred to the custody of the sheriff 3 1 if those expenses are not charged to and collected from the 3 2 person. 3 3 The bill may include a state mandate as defined in Code 3 4 section 25B.3. The bill makes inapplicable Code section 25B.2, 3 5 subsection 3, which would relieve a political subdivision from 3 6 complying with a state mandate if funding for the cost of 3 7 the state mandate is not provided or specified. Therefore, 3 8 political subdivisions are required to comply with any state 3 9 mandate included in the bill. LSB 2284SS (3) 86 aw/rj
