A bill for an act requiring the department of health and human services to reimburse a county for the temporary holding of, or confinement of, a sexually violent predator who commits a public offense while subject to an order of civil commitment.(See HF 643 .)

House

File

200

-

Introduced

HOUSE

FILE

200

BY

SITZMANN

(COMPANION

TO

SF

57

BY

EVANS)

A

BILL

FOR

An

Act

requiring

the

department

of

health

and

human

services

1

to

reimburse

a

county

for

the

temporary

holding

of,

or

2

confinement

of,

a

sexually

violent

predator

who

commits

3

a

public

offense

while

subject

to

an

order

of

civil

4

commitment.

5

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

6

TLSB

1781YH

(3)

91

dg/ko

H.F.

200

Section

1.

Section

229A.5C,

subsection

2,

Code

2025,

is

1

amended

to

read

as

follows:

2

2.

a.

Upon

the

filing

of

a

complaint,

indictment,

or

3

information,

the

person

shall

be

transferred

to

the

county

4

jail

in

the

county

where

the

public

offense

occurred

until

the

5

criminal

proceedings

have

been

completed.

6

b.

If

the

person

is

sentenced

to

a

term

of

confinement

7

in

a

county

jail,

the

person

shall

serve

the

sentence

at

the

8

county

jail.

If

the

person

is

sentenced

to

the

custody

of

the

9

director

of

the

department

of

corrections,

the

person

shall

10

serve

the

sentence

at

a

correctional

institution.

11

c.

(1)

If

a

person

who

is

subject

to

an

order

of

civil

12

commitment

under

this

chapter

is

transferred

to

a

county

jail

13

or

sentenced

to

a

term

of

confinement

in

a

county

jail

pursuant

14

to

this

subsection,

the

department

shall

reimburse

the

county

15

at

a

rate

of

fifty

dollars

per

day

for

the

time

period

the

16

person

is

temporarily

held

after

transfer

or

is

confined

in

17

the

county

jail.

18

(2)

The

department

shall

use

funds

appropriated

to

the

19

department

for

costs

associated

with

the

treatment

and

20

commitment

of

sexually

violent

predators

in

the

unit

located

21

at

the

state

mental

health

institute

at

Cherokee,

or

use

funds

22

transferred

pursuant

to

section

218.6,

for

the

payment

of

23

reimbursements

pursuant

to

subparagraph

(1).

24

EXPLANATION

25

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

26

the

explanation’s

substance

by

the

members

of

the

general

assembly.

27

This

bill

requires

the

department

of

health

and

human

28

services

(HHS)

to

reimburse

a

county

at

a

rate

of

$50

per

29

day

when

a

sexually

violent

predator

(SVP)

is

transferred

to

30

the

county’s

jail

after

the

SVP

committed

a

public

offense

31

while

subject

to

an

order

of

civil

commitment.

If

the

SVP

is

32

subsequently

sentenced

to

confinement

at

the

county

jail,

HHS

33

must

reimburse

the

jail

at

a

rate

of

$50

per

day

for

each

day

34

the

SVP

is

confined.

35

-1-

LSB

1781YH

(3)

91

dg/ko

1/

2

H.F.

200

The

bill

requires

HHS

to

use

funds

appropriated

to

HHS

for

1

costs

associated

with

the

treatment

and

commitment

of

sexually

2

violent

predators

in

the

unit

located

at

the

state

mental

3

health

institute

at

Cherokee,

or

use

funds

transferred

pursuant

4

to

Code

section

218.6

for

the

payment

of

reimbursements

to

5

county

jails.

6

-2-

LSB

1781YH

(3)

91

dg/ko

2/

2