House File 2366 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 607)

                                      A BILL FOR

  1 An Act relating to out=of=state drug rehabilitation programs
  2    for certain bailable defendants and parolees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5867HV (2) 87
    jm/rh

PAG LIN



  1  1    Section 1.  Section 811.2, subsection 1, paragraph a,
  1  2 subparagraph (2), Code 2018, is amended to read as follows:
  1  3    (2)  Place restrictions on the travel taking into
  1  4 consideration out=of=state drug rehabilitation requests or
  1  5 needs, association, or place of abode of the defendant during
  1  6 the period of release.
  1  7    Sec. 2.  Section 811.2, subsection 1, paragraph b, Code 2018,
  1  8 is amended to read as follows:
  1  9    b.  (1)  Any bailable defendant who is charged with unlawful
  1 10 possession, manufacture, delivery, or distribution of a
  1 11 controlled substance or other drug under chapter 124 and is
  1 12 ordered released shall be required, as a condition of that
  1 13 release, to submit to a substance abuse evaluation and follow
  1 14 any recommendations proposed in the evaluation for appropriate
  1 15 substance abuse treatment. However, if a bailable defendant is
  1 16 charged with manufacture, delivery, possession with the intent
  1 17 to manufacture or deliver, or distribution of methamphetamine,
  1 18 its salts, optical isomers, and salts of its optical isomers,
  1 19 the defendant shall, in addition to a substance abuse
  1 20 evaluation, remain under supervision and be required to undergo
  1 21 random drug tests as a condition of release.
  1 22    (2)  Any bailable defendant who is charged with unlawful
  1 23 possession, manufacture, delivery, or distribution of a
  1 24 controlled substance or other drug under chapter 124 and is
  1 25 ordered released, may be authorized, as a condition of that
  1 26 release, to be present in another state for a continuous
  1 27 extended period of time while the defendant is participating
  1 28 in and completing a certified drug rehabilitation program in
  1 29 the other state.
  1 30    Sec. 3.  Section 906.12, Code 2018, is amended to read as
  1 31 follows:
  1 32    906.12  Parole outside state authorized.
  1 33    The parole may be to a place outside the state when the board
  1 34 of parole shall determine it to be to the best interest of the
  1 35 state and the prisoner, including placement for a continuous
  2  1 extended period of time outside the state while the prisoner is
  2  2 on parole and is participating in and completing a certified
  2  3 drug rehabilitation program, under such rules as the board of
  2  4 parole may impose.
  2  5                           EXPLANATION
  2  6 The inclusion of this explanation does not constitute agreement with
  2  7 the explanation's substance by the members of the general assembly.
  2  8    This bill relates to out=of=state drug rehabilitation
  2  9 programs for certain bailable defendants and parolees.
  2 10    The bill provides any bailable defendant charged with a
  2 11 controlled substance=related offense and ordered released, may
  2 12 be authorized, as a condition of that release, to be present in
  2 13 another state for a continuous extended period of time while
  2 14 the defendant is participating in and completing a certified
  2 15 drug rehabilitation program in the other state.
  2 16    The bill provides that a prisoner placed on parole may be
  2 17 placed for a continuous extended period of time outside the
  2 18 state while the prisoner is on parole and participating in and
  2 19 completing a certified drug rehabilitation program, subject to
  2 20 the rules of the board of parole.
       LSB 5867HV (2) 87
       jm/rh