House File 398 - Introduced HOUSE FILE 398 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 111) A BILL FOR An Act relating to the duties of the director of the department 1 of corrections, the board of corrections, superintendents, 2 and district directors. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1399HV (2) 91 as/js
H.F. 398 Section 1. Section 904.108, subsection 1, paragraphs h, k, 1 and l, Code 2025, are amended to read as follows: 2 h. Prepare a budget for the department, subject to the 3 approval advice and recommendations of the board, and other 4 reports as required by law. 5 k. Adopt rules , subject to the approval advice and 6 recommendations of the board, pertaining to the internal 7 management of institutions and agencies under the directors 8 charge and necessary to carry out the duties and powers 9 outlined in this section . 10 l. Adopt rules, policies, and procedures, subject to the 11 approval advice and recommendations of the board, pertaining to 12 community-based correctional programs, and the supervision of 13 parole and work release. 14 Sec. 2. Section 904.108, subsection 2, Code 2025, is amended 15 to read as follows: 16 2. The director, with the express approval advice and 17 recommendations of the board, may establish for any inmate 18 sentenced pursuant to section 902.3 a furlough program under 19 which inmates sentenced to and confined in any institution 20 under the jurisdiction of the department may be temporarily 21 released. A furlough for a period not to exceed fourteen 22 days may be granted when an immediate member of an inmates 23 family is seriously ill or has died, when an inmate is to be 24 interviewed by a prospective employer, or when an inmate is 25 authorized to participate in a training program not available 26 within the institution. Furloughs for a period not to exceed 27 fourteen days may also be granted in order to allow inmates to 28 participate in programs or activities that serve rehabilitative 29 objectives. 30 Sec. 3. Section 904.110, Code 2025, is amended to read as 31 follows: 32 904.110 Official seal. 33 The department shall have an official seal with the words 34 Iowa Department of Corrections and other an engraved design 35 -1- LSB 1399HV (2) 91 as/js 1/ 5
H.F. 398 as the board prescribes . Every commission, order, or other 1 paper of an official nature executed by the department may be 2 attested with the seal. 3 Sec. 4. Section 904.114, Code 2025, is amended to read as 4 follows: 5 904.114 Travel expenses. 6 The director, staff members, assistants, and employees, in 7 addition to salary, shall receive their necessary traveling 8 expenses by the nearest practicable route, when engaged in 9 the performance of official business. Permission shall not 10 be granted to any person to travel to another state except by 11 approval of the board director or the directors designee . 12 Sec. 5. Section 904.207, Code 2025, is amended to read as 13 follows: 14 904.207 Violator facility. 15 The director may establish a violator facility as a 16 freestanding facility, or designate a portion of an existing 17 correctional facility for the purpose. A violator facility 18 is for the temporary confinement of offenders who have 19 violated conditions of release under work release or parole 20 as defined in section 906.1 , or probation granted as a result 21 of suspension of a sentence to the custody of the director 22 of the department of corrections. If a violator facility is 23 established, the director shall adopt rules pursuant to chapter 24 17A , subject to the approval advice and recommendations of the 25 board, to implement this section . 26 Sec. 6. Section 904.301, Code 2025, is amended to read as 27 follows: 28 904.301 Appointment of superintendents. 29 1. The director shall appoint, subject to the approval 30 advice and recommendations of the board, the superintendents of 31 the institutions provided for in section 904.102 . 32 2. The superintendent has the immediate custody and 33 control, subject to the orders and policies of the director, 34 of all property used in connection with the institution except 35 -2- LSB 1399HV (2) 91 as/js 2/ 5
H.F. 398 as otherwise provided by statute. The tenure of office of 1 a superintendent shall be at the pleasure of the appointing 2 authority but a superintendent may be removed for inability or 3 refusal to properly perform the duties of the office. Removal 4 shall occur only after an opportunity is given the person to 5 be heard before the board and the director and upon preferred 6 written charges. The removal when made is final. 7 Sec. 7. Section 904.301A, Code 2025, is amended to read as 8 follows: 9 904.301A Appointment of directors. 10 1. The director shall appoint, subject to the approval 11 advice and recommendations of the board, a district director 12 for each district department established in section 904.104A . 13 2. The district director has the immediate custody and 14 control, subject to the orders and policies of the director, of 15 all property used in connection with the district department 16 except as otherwise provided by statute. The tenure of 17 office of a district director shall be at the pleasure of the 18 appointing authority but a district director may be removed 19 for inability or refusal to properly perform the duties of the 20 office. 21 Sec. 8. Section 904.317, subsection 1, Code 2025, is amended 22 to read as follows: 23 1. The director, subject to the approval advice and 24 recommendations of the board, may secure options to purchase 25 real estate and acquire and sell real estate for the proper 26 uses of the institutions. Real estate shall be acquired and 27 sold upon terms and conditions the director recommends subject 28 to the approval advice and recommendations of the board. Upon 29 sale of the real estate, the proceeds shall be deposited in a 30 corrections capital reinvestment fund, which is established in 31 the state treasury under the purview of the department. There 32 is appropriated from the fund to the department the proceeds, 33 which may be used to purchase other real estate or for capital 34 improvements upon property under the directors supervision. 35 -3- LSB 1399HV (2) 91 as/js 3/ 5
H.F. 398 Notwithstanding section 8.33 , moneys in the fund that remain 1 unencumbered or unobligated at the close of a fiscal year shall 2 not revert but shall remain available for expenditure for the 3 purposes designated. Notwithstanding section 12C.7, subsection 4 2 , interest or earnings on moneys in the fund shall be credited 5 to the fund. 6 Sec. 9. Section 904.508, subsection 1, Code 2025, is amended 7 to read as follows: 8 1. The superintendent of each institution shall receive and 9 care for any property an inmate may possess on the inmates 10 person upon entering the institution, and on the discharge of 11 the inmate, return the property to the inmate or the inmates 12 legal representatives, unless the property has been previously 13 disposed of according to the inmates written designation or 14 policies prescribed by the board . The superintendent may place 15 an inmates money at interest, keeping an account of the money 16 and returning the remaining money upon discharge. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanations substance by the members of the general assembly. 20 This bill relates to the duties of the director of 21 the department of corrections, the board of corrections, 22 superintendents, and district directors. 23 The bill provides that the director of the department of 24 corrections shall prepare a budget and adopt rules, policies, 25 and procedures upon the advice and recommendations of the 26 board. The bill transfers other duties of the board to the 27 director or the directors designee. 28 The bill provides that the director of the department 29 of corrections shall appoint, subject to the advice and 30 recommendations of the board, the superintendents of the 31 department of corrections institutions. Current law requires 32 the approval of the board. Current law provides that a 33 superintendent serves at the pleasure of the director 34 but removal of a superintendent shall occur only after an 35 -4- LSB 1399HV (2) 91 as/js 4/ 5
H.F. 398 opportunity is given the person to be heard before the board 1 and the director and upon preferred written charges. The bill 2 removes the requirement of an opportunity to be heard. 3 The bill provides that the director shall appoint, subject 4 to the advice and recommendations of the board, a district 5 director for each district department. Current law requires 6 the approval of the board. 7 The bill provides that the district director has the 8 immediate custody and control, subject to the orders and 9 policies of the director, of all property used in connection 10 with the district department except as otherwise provided by 11 statute. The director serves at the pleasure of the appointing 12 authority but a district director may be removed for inability 13 or refusal to properly perform the duties of the office. 14 The bill provides that the director, subject to the advice 15 and recommendations of the board, may secure options to 16 purchase real estate and acquire and sell real estate for the 17 proper uses of the institutions. Current law requires the 18 approval of the board. 19 -5- LSB 1399HV (2) 91 as/js 5/ 5