Bill Text: IA HF2155 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act permitting the establishment of prearrest diversion programs for certain offenders. (See Cmte. Bill HF 2367)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-15 - Passed subcommittee. [HF2155 Detail]
Download: Iowa-2015-HF2155-Introduced.html
House File 2155 - Introduced HOUSE FILE BY OLSON A BILL FOR 1 An Act permitting the establishment of prearrest diversion 2 programs for certain offenders. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5634YH (4) 86 jm/rj PAG LIN 1 1 Section 1. Section 905.4, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 12. Have the authority to establish a 1 4 prearrest diversion program within the judicial district. 1 5 Sec. 2. NEW SECTION. 905A.1 Legislative findings. 1 6 The general assembly encourages local communities and public 1 7 and private educational institutions to implement a prearrest 1 8 diversion program that affords certain persons who fulfill 1 9 specified intervention and community service obligations the 1 10 opportunity to avoid an arrest record. 1 11 Sec. 3. NEW SECTION. 905A.2 Definitions. 1 12 As used in this chapter: 1 13 1. "Civil citation" means a notice to report for orientation 1 14 at a prearrest diversion program established by a judicial 1 15 district. 1 16 2. "Judicial district" means a judicial district department 1 17 of correctional services. 1 18 3. "Person" means an individual eighteen years of age or 1 19 older. 1 20 Sec. 4. NEW SECTION. 905A.3 Requirements. 1 21 1. A person may be issued a civil citation, at the sole 1 22 discretion of a peace officer, in lieu of issuing a criminal 1 23 citation or making an arrest for a simple misdemeanor offense 1 24 or similar local ordinance, if the person admits to the 1 25 commission of the criminal offense, the person has not been 1 26 previously been arrested as an adult for such an offense, and a 1 27 prearrest diversion program has been established by the board 1 28 of directors of the judicial district in which the person is 1 29 found. 1 30 2. A person shall not be allowed to participate in a 1 31 prearrest diversion program if the criminal offense involves a 1 32 victim and the victim objects to the participation. 1 33 Sec. 5. NEW SECTION. 905A.4 Prearrest diversion program == 1 34 intake == community service == records. 1 35 1. A person who receives a civil citation shall report for 2 1 orientation at the time and place specified by the prearrest 2 2 diversion program. Orientation may include but is not 2 3 limited to any combination of the following: an assessment, 2 4 intervention, educational instruction, or a mental health or 2 5 substance abuse=related treatment. 2 6 2. After the completion of orientation, the person may 2 7 be required to perform the number of community service hours 2 8 specified by the prearrest diversion program. 2 9 3. If the person does not complete orientation and the 2 10 community service hours required within a specified time 2 11 period, the law enforcement agency issuing the civil citation 2 12 shall criminally charge the person with the criminal offense 2 13 that prompted the issuance of the civil citation and the 2 14 criminal offense shall be referred to the county attorney for 2 15 criminal prosecution. 2 16 4. a. If the person successfully completes the requirements 2 17 of the prearrest diversion program, an arrest record shall not 2 18 be associated with the commission of the underlying criminal 2 19 offense. 2 20 b. The fact of issuance of a civil citation or information 2 21 regarding the underlying criminal offense that prompted the 2 22 issuance of the civil citation shall not appear in or be 2 23 considered a part of a person's arrest data, correctional data, 2 24 or disposition data under chapter 692, upon the successful 2 25 completion of the requirements of a prearrest diversion 2 26 program. 2 27 c. The court's record, if any, of the issuance of a civil 2 28 citation or the underlying criminal offense that prompted the 2 29 issuance of the civil citation shall be expunged as defined 2 30 in section 907.1, upon the successful completion of the 2 31 requirements of a prearrest diversion program. 2 32 Sec. 6. NEW SECTION. 905A.5 Criminal offenses eligible for 2 33 prearrest diversion program. 2 34 The following criminal offenses or similar local ordinances 2 35 are eligible for a prearrest diversion program: 3 1 1. Consumption or intoxication in public places in 3 2 violation of section 123.46. 3 3 2. Purchase, attempt to purchase, consumption, or 3 4 possession by a person under legal age but eighteen years of 3 5 age or older in violation of section 123.47, subsections 3 and 3 6 4. 3 7 3. Possession of marijuana in violation of section 124.401, 3 8 subsection 5. 3 9 4. Possession of drug paraphernalia in violation of section 3 10 124.414. 3 11 5. Assault that does not involve domestic abuse punishable 3 12 under section 708.2, subsection 6. 3 13 6. Theft of property punishable under section 714.2, 3 14 subsection 5. 3 15 7. Trespass in violation of section 716.8, subsection 1. 3 16 8. Disorderly conduct in violation of section 723.4. 3 17 EXPLANATION 3 18 The inclusion of this explanation does not constitute agreement with 3 19 the explanation's substance by the members of the general assembly. 3 20 This bill relates to the establishment of prearrest 3 21 diversion programs for certain offenders. 3 22 The bill permits the board of directors of a judicial 3 23 district department of correctional services to establish a 3 24 prearrest diversion program. 3 25 Under the bill, the prearrest diversion of a criminal 3 26 offender begins with the issuance of a civil citation. The 3 27 bill provides that a person may be issued a civil citation, 3 28 at the sole discretion of a peace officer, in lieu of issuing 3 29 a criminal citation or making arrest for a simple misdemeanor 3 30 or similar local ordinance, if the person admits to the 3 31 commission of the criminal offense, the person has not been 3 32 previously been arrested as an adult for such an offense, and a 3 33 prearrest diversion program has been established by the board 3 34 of directors of the judicial district. 3 35 The bill prohibits the participation of a criminal offender 4 1 in the program if the criminal offense involves a victim and 4 2 the victim objects to the participation. 4 3 Under the bill, a person who receives a civil citation 4 4 shall report for orientation at the time and place specified 4 5 by the prearrest diversion program. The bill specifies that 4 6 orientation may include but is not limited to any combination 4 7 of the following: an assessment, intervention, educational 4 8 instruction, or mental health or substance abuse=related 4 9 treatment. 4 10 After completion of orientation, the person shall perform 4 11 the number of community service hours specified by the 4 12 prearrest diversion program. 4 13 If the person does not complete orientation and the 4 14 community service hours required within a specified time 4 15 period, the bill requires the law enforcement agency issuing 4 16 the civil citation to criminally charge the person with the 4 17 criminal offense that prompted the issuance of the civil 4 18 citation, and the criminal offense shall be referred to the 4 19 county attorney for criminal prosecution. 4 20 If the person successfully completes the prearrest diversion 4 21 program, the bill prohibits an arrest record to be associated 4 22 with the commission of the criminal offense that prompted the 4 23 issuance of the civil citation. 4 24 The bill further specifies that the issuance of a civil 4 25 citation or the underlying criminal offense that prompted 4 26 the issuance of the civil citation shall not appear in or be 4 27 considered a part of a person's arrest data, correctional data, 4 28 or disposition data under Code chapter 692, upon the successful 4 29 completion of a prearrest diversion program. 4 30 The bill also provides that the court's record, if any, of 4 31 the issuance of the civil citation or the underlying criminal 4 32 offense that prompted the issuance of the civil citation 4 33 shall be expunged as defined in Code section 907.1, upon the 4 34 successful completion of the prearrest diversion program. 4 35 The criminal offenses eligible for the issuance of a civil 5 1 citation under the bill include the following criminal offenses 5 2 or similar local ordinances: consumption or intoxication in 5 3 public places in violation of Code section 123.46; purchase or 5 4 attempt to purchase, consumption, or possession by a person 5 5 under legal age in violation of Code section 123.47 by a person 5 6 18 years of age or older; possession of marijuana in violation 5 7 of Code section 124.401(5); possession of drug paraphernalia in 5 8 violation of Code section 124.414; assault in violation of Code 5 9 section 708.2(6), that does not involve domestic abuse; theft 5 10 of property in violation of Code section 714.2(5); trespass in 5 11 violation of Code section 716.8(1); and disorderly conduct in 5 12 violation of Code section 723.4. 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