Bill Text: IA SF343 | 2021-2022 | 89th General Assembly | Enrolled
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 SSB 1102.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-03-08 - Signed by Governor. S.J. 555. [SF343 Detail]
Download: Iowa-2021-SF343-Enrolled.html
Senate
File
343
-
Enrolled
Senate
File
343
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
125.93,
Code
2021,
is
amended
to
read
as
follows:
125.93
Commitment
records
——
confidentiality.
Records
of
the
identity,
diagnosis,
prognosis,
or
treatment
of
a
person
which
are
maintained
in
connection
with
the
provision
of
substance
abuse
treatment
services
are
confidential,
consistent
with
the
requirements
of
section
125.37
,
and
with
the
federal
confidentiality
regulations
authorized
by
the
federal
Drug
Abuse
Office
and
Treatment
Act,
42
U.S.C.
§290ee
and
the
federal
Comprehensive
Alcohol
Abuse
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act,
42
U.S.C.
§290dd-2.
However,
such
records
may
be
disclosed
to
an
employee
of
the
department
of
corrections,
if
authorized
by
the
director
of
the
department
of
corrections,
or
to
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
Senate
File
343,
p.
2
of
correctional
services.
Sec.
2.
Section
228.5,
subsection
4,
Code
2021,
is
amended
to
read
as
follows:
4.
Mental
health
information
relating
to
an
individual
may
be
disclosed
to
other
providers
of
professional
services
or
their
employees
or
agents
if
and
to
the
extent
necessary
to
facilitate
the
provision
of
administrative
and
professional
services
to
the
individual
including
to
an
employee
of
the
department
of
corrections,
if
authorized
by
the
director
of
the
department
of
corrections,
or
to
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
of
correctional
services
.
Sec.
3.
Section
804.29,
subsection
2,
paragraph
d,
Code
2021,
is
amended
to
read
as
follows:
d.
An
employee
of
the
department
of
corrections
,
if
authorized
by
the
director
of
the
department
of
corrections,
or
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
department
of
corrections
judicial
district
department
of
correctional
services
.
Sec.
4.
Section
808.13,
Code
2021,
is
amended
to
read
as
follows:
808.13
Confidentiality.
All
information
filed
with
the
court
for
the
purpose
of
securing
a
warrant
for
a
search,
including
but
not
limited
to
an
application
and
affidavits,
shall
be
a
confidential
record
until
such
time
as
a
peace
officer
has
executed
the
warrant
and
has
made
return
thereon.
During
the
period
of
time
that
information
is
confidential
it
shall
be
sealed
by
the
court,
and
the
information
contained
therein
shall
not
be
disseminated
to
any
person
other
than
a
peace
officer,
magistrate,
or
another
court
employee,
an
employee
of
the
department
of
corrections,
if
authorized
by
the
director
of
the
department
of
corrections,
or
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
of
correctional
services,
in
the
course
of
official
duties.
Sec.
5.
Section
901.4,
Code
2021,
is
amended
to
read
as
Senate
File
343,
p.
3
follows:
901.4
Presentence
investigation
report
confidential
——
access.
The
presentence
investigation
report
is
confidential
and
the
court
shall
provide
safeguards
to
ensure
its
confidentiality,
including
but
not
limited
to
sealing
the
report,
which
may
be
opened
only
by
further
court
order.
The
defendant’s
attorney
and
the
attorney
for
the
state
shall
have
access
to
the
presentence
investigation
report
at
least
three
days
prior
to
the
date
set
for
sentencing.
The
defendant’s
appellate
attorney
and
the
appellate
attorney
for
the
state
shall
have
access
to
the
presentence
investigation
report
upon
request
and
without
the
necessity
of
a
court
order.
The
report
shall
remain
confidential
except
upon
court
order.
However,
the
court
may
conceal
the
identity
of
the
person
who
provided
confidential
information.
The
report
of
a
medical
examination
or
psychological
or
psychiatric
evaluation
shall
be
made
available
to
the
attorney
for
the
state
and
to
the
defendant
upon
request.
The
reports
are
part
of
the
record
but
shall
be
sealed
and
opened
only
on
order
of
the
court.
If
the
defendant
is
committed
to
the
custody
of
the
Iowa
department
of
corrections
and
is
not
a
class
“A”
felon,
an
employee
of
the
department
and
,
if
authorized
by
the
director
of
the
department,
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
of
correctional
services,
and
an
employee
of
the
board
of
parole
,
if
authorized
by
the
chairperson
or
a
member
of
the
board
of
parole,
shall
have
access
to
the
presentence
investigation
report.
Pursuant
to
section
904.602
,
the
presentence
investigation
report
may
also
be
released
by
ordinary
or
electronic
mail
by
the
department
of
corrections
or
a
judicial
district
department
of
correctional
services
to
another
jurisdiction
for
the
purpose
of
providing
interstate
probation
and
parole
compact
or
interstate
compact
for
adult
offender
supervision
services
or
evaluations,
or
to
a
substance
abuse
or
mental
health
services
provider
when
referring
a
defendant
for
services.
The
defendant
or
the
defendant’s
attorney
may
file
with
the
presentence
investigation
report,
a
denial
or
refutation
of
the
Senate
File
343,
p.
4
allegations,
or
both,
contained
in
the
report.
The
denial
or
refutation
shall
be
included
in
the
report.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
andis
known
as
Senate
File
343,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
