Bill Text: IA SF394 | 2015-2016 | 86th General Assembly | Amended

Iowa Senate Bill 394 (Prior Session Legislation)

Bill Title: A bill for an act relating to responsibilities for expenses for the safekeeping and maintenance of prisoners by counties and cities. (Formerly SF 238.)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2015-04-16 - Message from House, with amendment S-3128. S.J. 884. [SF394 Detail]

Download: Iowa-2015-SF394-Amended.html

Senate File 394 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 238)
       (As Amended and Passed by the Senate March 17, 2015)

                                      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:
    SF 394 (3) 86
    aw/rj/jh

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 hospital or other medical facility shall, through all
  1 24 reasonable means, attempt to collect from the prisoner the
  1 25 amount charged. If the hospital or other medical facility
  1 26 is unable to collect from the prisoner, after exhausting
  1 27 all reasonable means of collection, the applicable board
  1 28 of supervisors, city council, state agency, or the United
  1 29 States shall pay the expenses for the medical aid, as required
  1 30 pursuant to paragraph "a".
  1 31    2.  All charges and expenses for the safekeeping and
  1 32 maintenance of a prisoner before an initial appearance before
  1 33 a magistrate shall be paid for by the governmental entity
  1 34 responsible for arresting the prisoner if the charges and
  1 35 expenses are not otherwise billed and collected as provided in
  2  1 subsection 1, paragraph "b".
  2  2    Sec. 2.  Section 804.28, Code 2015, is amended to read as
  2  3 follows:
  2  4    804.28  Department of public safety prisoners Sheriff to
  2  5 accept custody.
  2  6    1.  The sheriff of any county shall accept for custody in
  2  7 the county jail of the sheriff's respective county any person
  2  8 handed over to the sheriff for safekeeping and lodging by any
  2  9 of the following:
  2 10    a.  Any member of the department of public safety.
  2 11    b.  Any member of any law enforcement agency within the
  2 12 county after a magistrate has committed the person to bail
  2 13 pursuant to section 804.21 or 804.22.
  2 14    2.  The county shall not be liable for medical treatment for
  2 15 injuries incurred by a person before the person is transferred
  2 16 to the custody of the sheriff.  Medical treatment for injuries
  2 17 experienced by a person before the person is transferred to
  2 18 the custody of the sheriff shall be the liability of the
  2 19 governmental entity responsible for arresting the person if the
  2 20 medical treatment expenses are not billed to and collected from
  2 21 the person or an insurer. Any expenses payable by the state
  2 22 pursuant to this section shall be paid out of any moneys in
  2 23 the state treasury not otherwise appropriated. The expenses
  2 24 payable by the state shall be paid on claims filed with the
  2 25 department of administrative services.
  2 26    3.  For the purposes of this section "custody" is defined to
  2 27 begin at the conclusion of a person's initial appearance before
  2 28 a magistrate under section 804.21 or 804.22 unless defined
  2 29 otherwise in an agreement between the county and another
  2 30 governmental entity responsible for making an individual
  2 31 arrest.
  2 32    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  2 33 3, shall not apply to this Act.
       SF 394 (3) 86
       aw/rj/jh