Read the full stored bill text
House
File
732
-
Introduced
HOUSE
FILE
732
BY
MADISON
A
BILL
FOR
An
Act
relating
to
inmates,
including
requiring
inmates
to
1
be
paid
the
minimum
wage
for
labor
performed
in
or
while
2
under
the
custody
of
an
institution
under
the
control
of
the
3
department
of
corrections,
and
the
automatic
restoration
of
4
the
right
to
vote.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
904.508,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
Pursuant
to
section
904.702
,
the
director
shall
3
establish
and
maintain
an
inmate
savings
fund
in
an
4
interest-bearing
account
for
the
deposit
of
all
or
part
of
an
5
inmate’s
allowances
wages
and
amounts,
except
amounts
directed
6
to
be
deposited
in
the
inmate
telephone
fund
established
in
7
section
904.508A
,
sent
to
the
inmate
from
a
source
other
than
8
the
department.
All
or
part
of
an
inmate’s
allowances
wages
9
and
amounts,
except
amounts
directed
to
be
deposited
in
the
10
inmate
telephone
fund
established
in
section
904.508A
,
from
11
a
source
other
than
the
department
shall
be
deposited
into
12
the
savings
fund,
until
the
inmate’s
deposit
is
equal
to
one
13
hundred
dollars
as
provided
in
section
906.9
.
If
an
inmate’s
14
deposits
are
equal
to
or
in
excess
of
one
hundred
dollars,
the
15
inmate
may
voluntarily
withdraw
from
the
savings
fund.
The
16
director
shall
notify
the
inmate
of
this
right
to
withdraw
17
and
shall
provide
the
inmate
with
a
written
request
form
18
to
facilitate
the
withdrawal.
If
the
inmate
withdraws
and
19
the
inmate’s
deposits
exceed
the
amount
due
as
provided
in
20
section
906.9
,
the
director
shall
disburse
the
excess
amount
21
as
provided
for
allowances
wages
under
section
904.702
,
except
22
the
director
shall
not
deposit
the
excess
amount
in
the
inmate
23
savings
fund.
If
the
inmate
chooses
to
continue
to
participate
24
in
the
savings
fund,
the
inmate’s
deposits
shall
be
returned
25
to
the
inmate
upon
discharge,
parole,
or
placement
on
work
26
release.
Otherwise,
the
inmate’s
deposits
shall
be
disposed
27
of
as
provided
in
subsection
3
.
An
inmate’s
deposits
into
28
the
savings
fund
may
be
used
to
provide
the
money
due
the
29
inmate
upon
discharge,
parole,
or
placement
on
work
release,
as
30
required
under
section
906.9
.
Interest
earned
from
the
savings
31
fund
shall
be
placed
in
a
separate
account,
and
may
be
used
for
32
purchases
approved
by
the
director
to
directly
and
collectively
33
benefit
inmates.
34
Sec.
2.
Section
904.701,
subsection
2,
Code
2025,
is
amended
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to
read
as
follows:
1
2.
The
director
may
when
practicable
shall
pay
the
2
inmate
an
allowance
as
the
director
deems
proper
in
view
of
3
the
circumstances,
and
in
view
of
the
cost
attending
the
4
maintenance
of
the
inmate.
The
allowance
is
a
gratuitous
5
payment
and
is
not
a
wage
arising
out
of
an
employment
6
relationship.
The
payment
shall
not
exceed
the
amount
paid
to
7
free
labor
for
a
like
or
equivalent
service
hourly
wage,
which
8
shall
not
be
less
than
the
minimum
wage
established
in
section
9
91D.1,
subsection
1,
paragraph
“b”
.
10
Sec.
3.
Section
904.702,
subsection
1,
Code
2025,
is
amended
11
to
read
as
follows:
12
1.
If
allowances
are
paid
pursuant
to
section
904.701
,
the
13
The
director
shall
establish
an
inmate
account
,
for
deposit
of
14
those
allowances
inmate
wages
paid
pursuant
to
section
904.701
15
and
for
deposit
of
moneys
sent
to
the
inmate
from
a
source
16
other
than
the
department
of
corrections.
The
director
may
17
deduct
an
amount,
not
to
exceed
ten
percent
of
the
amount
of
18
the
allowance
wage
,
unless
the
inmate
requests
a
larger
amount,
19
to
be
deposited
into
the
inmate
savings
fund
as
required
under
20
section
904.508,
subsection
2
.
In
addition
to
deducting
a
21
portion
of
the
allowance
wage
,
the
director
may
also
deduct
22
from
an
inmate
account
any
amount,
except
amounts
directed
23
to
be
deposited
in
the
inmate
telephone
fund
established
in
24
section
904.508A
,
sent
to
the
inmate
from
a
source
other
than
25
the
department
of
corrections
for
deposit
in
the
inmate
savings
26
fund
as
required
under
section
904.508,
subsection
2
,
until
27
the
amount
in
the
fund
equals
the
amount
due
the
inmate
upon
28
discharge,
parole,
or
placement
on
work
release.
The
director
29
shall
deduct
from
the
inmate
account
an
amount
the
inmate
is
30
legally
obligated
to
pay
for
child
support.
The
director
31
shall
deduct
from
the
inmate
account
an
amount
established
32
by
the
inmate’s
restitution
plan
of
payment.
The
director
33
shall
also
deduct
from
any
remaining
account
balance
an
amount
34
sufficient
to
pay
all
or
part
of
any
judgment
against
the
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inmate,
including
but
not
limited
to
judgments
for
taxes
and
1
child
support,
and
court
costs
and
fees
assessed
either
as
a
2
result
of
the
inmate’s
confinement
or
amounts
required
to
be
3
paid
under
section
610A.1
.
Written
notice
of
the
amount
of
4
the
deduction
shall
be
given
to
the
inmate,
who
shall
have
5
five
days
after
receipt
of
the
notice
to
submit
in
writing
any
6
and
all
objections
to
the
deduction
to
the
director,
who
shall
7
consider
the
objections
prior
to
transmitting
the
deducted
8
amount
to
the
clerk
of
the
district
court.
The
director
need
9
give
only
one
notice
for
each
action
or
appeal
under
section
10
610A.1
for
which
periodic
deductions
are
to
be
made.
The
11
director
shall
next
deduct
from
any
remaining
account
balance
12
an
amount
sufficient
to
pay
all
or
part
of
any
costs
assessed
13
against
the
inmate
for
misconduct
or
damage
to
the
property
of
14
others.
The
director
may
deduct
from
the
inmate’s
account
an
15
amount
sufficient
to
pay
for
the
inmate’s
share
of
the
costs
of
16
health
services
requested
by
the
inmate
and
for
the
treatment
17
of
injuries
inflicted
by
the
inmate
on
the
inmate
or
others.
18
The
director
may
deduct
and
disburse
an
amount
sufficient
19
for
industries’
programs
to
qualify
under
the
eligibility
20
requirements
established
in
the
Justice
Assistance
Act
of
1984,
21
Pub.
L.
No.
98-473,
including
an
amount
to
pay
all
or
part
22
of
the
cost
of
the
inmate’s
incarceration.
The
director
may
23
pay
all
or
any
part
of
remaining
allowances
paid
pursuant
to
24
section
904.701
directly
to
a
dependent
of
the
inmate,
or
may
25
deposit
the
allowance
wage
to
the
account
of
the
inmate,
or
26
may
deposit
a
portion
and
allow
the
inmate
a
portion
for
the
27
inmate’s
personal
use.
28
Sec.
4.
Section
914.2,
Code
2025,
is
amended
to
read
as
29
follows:
30
914.2
Right
of
application.
31
Except
as
otherwise
provided
in
section
902.2
or
914.8
,
a
32
person
convicted
of
a
criminal
offense
has
the
right
to
make
33
application
to
the
board
of
parole
for
recommendation
or
to
34
the
governor
for
a
reprieve,
pardon,
commutation
of
sentence,
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remission
of
fines
or
forfeitures,
or
restoration
of
rights
of
1
citizenship
at
any
time
following
the
conviction.
2
Sec.
5.
Section
914.6,
subsection
3,
Code
2025,
is
amended
3
to
read
as
follows:
4
3.
In
the
case
of
a
remission
of
fines
and
forfeitures,
5
restoration
of
rights
of
citizenship
other
than
the
right
to
6
register
to
vote
and
to
vote
,
or
a
pardon,
commutation
of
7
sentence,
or
reprieve,
if
the
person
is
not
in
custody,
one
8
copy
of
the
executive
instrument
shall
be
delivered
to
the
9
person
and
one
copy
to
the
clerk
of
the
district
court
where
10
the
judgment
is
of
record.
A
list
of
the
restorations
of
11
rights
of
citizenship
issued
by
the
governor
shall
be
delivered
12
to
the
state
registrar
of
voters
at
least
once
each
month.
13
Sec.
6.
NEW
SECTION
.
914.8
Restoration
of
right
to
register
14
and
to
vote.
15
1.
A
person
convicted
of
a
felony
criminal
offense
who
has
16
been
discharged
from
probation
under
section
907.9,
discharged
17
from
parole
or
work
release
under
section
906.15,
or
released
18
from
confinement
under
section
902.6
because
the
person
has
19
completed
the
person’s
term
of
confinement
shall
have
the
right
20
to
register
to
vote
and
to
vote
restored
as
provided
in
this
21
section.
22
2.
Upon
discharge
from
confinement
or
supervision,
the
23
department
of
corrections
or
judicial
district
department
of
24
correctional
services,
whichever
is
applicable,
shall
provide
25
written
notice
to
the
inmate,
parolee,
or
probationer
of
the
26
person’s
discharge,
which
shall
include
a
voter
registration
27
form
and
a
statement
that
the
person’s
right
to
register
to
28
vote
and
to
vote
is
restored.
The
notice
shall
also
inform
the
29
person
that
when
first
registering
to
vote
after
discharge,
the
30
person
must
present
the
discharge
notice
to
the
commissioner
of
31
registration.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
requires
inmates
to
be
paid
the
minimum
wage
for
1
labor
performed
in
or
while
under
the
custody
of
an
institution
2
under
the
control
of
the
department
of
corrections,
and
3
provides
for
the
automatic
restoration
of
the
right
to
vote.
4
Current
law
provides
that
the
director
of
the
department
of
5
corrections
may
when
practicable
pay
the
inmate
an
allowance
as
6
the
director
deems
proper
in
view
of
the
circumstances,
and
in
7
view
of
the
cost
attending
the
maintenance
of
the
inmate.
The
8
allowance
is
a
gratuitous
payment
and
is
not
a
wage
arising
out
9
of
an
employment
relationship.
The
payment
shall
not
exceed
10
the
amount
paid
to
free
labor
for
a
like
or
equivalent
service.
11
The
bill
provides
that
the
director
shall
pay
the
inmate
12
an
hourly
wage,
which
shall
not
be
less
than
the
minimum
wage
13
established
in
Code
section
91D.1(1)(b).
14
The
bill
provides
that
the
director
shall
establish
an
15
inmate
account
for
deposit
of
inmate
wages
paid
pursuant
to
16
Code
section
904.701
and
for
deposit
of
moneys
sent
to
the
17
inmate
from
a
source
other
than
the
department
of
corrections.
18
The
director
may
deduct
up
to
10
percent
of
the
amount
of
19
the
wage,
to
be
deposited
into
the
inmate
savings
fund.
The
20
director
may
also
deduct
from
an
inmate
account
any
amount
21
sent
to
the
inmate
from
a
source
other
than
the
department
22
of
corrections
for
deposit
in
the
inmate
savings
fund
until
23
the
amount
in
the
fund
equals
the
amount
due
the
inmate
upon
24
discharge,
parole,
or
placement
on
work
release.
The
director
25
shall
deduct
from
the
inmate
account
the
following:
an
amount
26
the
inmate
is
legally
obligated
to
pay
for
child
support;
an
27
amount
established
by
the
inmate’s
restitution
plan
of
payment;
28
an
amount
sufficient
to
pay
all
or
part
of
any
judgment
against
29
the
inmate,
including
but
not
limited
to
judgments
for
taxes
30
and
child
support;
court
costs
and
fees
assessed
as
a
result
of
31
the
inmate’s
confinement;
and
an
amount
sufficient
to
pay
all
32
or
part
of
any
costs
assessed
against
the
inmate
for
misconduct
33
or
damage
to
the
property
of
others.
The
director
may
pay
all
34
or
any
part
of
remaining
wages
paid
directly
to
a
dependent
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of
the
inmate,
or
may
deposit
the
wages
to
the
account
of
the
1
inmate,
or
may
deposit
a
portion
and
allow
the
inmate
a
portion
2
for
the
inmate’s
personal
use.
3
The
bill
requires
the
department
of
corrections
or
the
4
judicial
district
department
of
correctional
services
to
5
provide
written
notice
upon
discharge
from
confinement
or
6
supervision
that
a
person’s
voting
rights
are
restored
and
7
that
the
person
must
provide
written
notice
of
discharge
when
8
registering
to
vote.
The
notice
shall
also
include
a
voter
9
registration
form.
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