House Study Bill 111 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF CORRECTIONS BILL) 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 1399XD (1) 91 as/js
S.F. _____ H.F. _____ Section 1. Section 904.301, Code 2025, is amended to read 1 as follows: 2 904.301 Appointment of superintendents. 3 1. The director shall appoint, subject to the approval 4 advice and recommendations of the board, the superintendents of 5 the institutions provided for in section 904.102 . 6 2. The superintendent has the immediate custody and 7 control, subject to the orders and policies of the director, 8 of all property used in connection with the institution except 9 as otherwise provided by statute. The tenure of office of 10 a superintendent shall be at the pleasure of the appointing 11 authority but a superintendent may be removed for inability or 12 refusal to properly perform the duties of the office. Removal 13 shall occur only after an opportunity is given the person to 14 be heard before the board and the director and upon preferred 15 written charges. The removal when made is final. 16 Sec. 2. Section 904.301A, Code 2025, is amended to read as 17 follows: 18 904.301A Appointment of directors. 19 1. The director shall appoint, subject to the approval 20 advice and recommendations of the board, a district director 21 for each district department established in section 904.104A . 22 2. The district director has the immediate custody and 23 control, subject to the orders and policies of the director, of 24 all property used in connection with the district department 25 except as otherwise provided by statute. The tenure of 26 office of a district director shall be at the pleasure of the 27 appointing authority but a district director may be removed 28 for inability or refusal to properly perform the duties of the 29 office. 30 Sec. 3. Section 904.317, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. The director, subject to the approval advice and 33 recommendations of the board, may secure options to purchase 34 real estate and acquire and sell real estate for the proper 35 -1- LSB 1399XD (1) 91 as/js 1/ 3
S.F. _____ H.F. _____ uses of the institutions. Real estate shall be acquired and 1 sold upon terms and conditions the director recommends subject 2 to the approval of the board. Upon sale of the real estate, 3 the proceeds shall be deposited in a corrections capital 4 reinvestment fund, which is established in the state treasury 5 under the purview of the department. There is appropriated 6 from the fund to the department the proceeds, which may be used 7 to purchase other real estate or for capital improvements upon 8 property under the directors supervision. Notwithstanding 9 section 8.33 , moneys in the fund that remain unencumbered or 10 unobligated at the close of a fiscal year shall not revert 11 but shall remain available for expenditure for the purposes 12 designated. Notwithstanding section 12C.7, subsection 2 , 13 interest or earnings on moneys in the fund shall be credited 14 to the fund. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill relates to the duties of the director of 19 the department of corrections, the board of corrections, 20 superintendents, and district directors. 21 The bill provides that the director of the department 22 of corrections shall appoint, subject to the advice and 23 recommendations of the board, the superintendents of the 24 department of corrections institutions. Current law requires 25 the approval of the board. Current law provides that a 26 superintendent serves at the pleasure of the director 27 but removal of a superintendent shall occur only after an 28 opportunity is given the person to be heard before the board 29 and the director and upon preferred written charges. The bill 30 removes the requirement of an opportunity to be heard. 31 The bill provides that the director shall appoint, subject 32 to the advice and recommendations of the board, a district 33 director for each district department. Current law requires 34 the approval of the board. 35 -2- LSB 1399XD (1) 91 as/js 2/ 3
S.F. _____ H.F. _____ The bill provides that the district director has the 1 immediate custody and control, subject to the orders and 2 policies of the director, of all property used in connection 3 with the district department except as otherwise provided by 4 statute. The director serves at the pleasure of the appointing 5 authority but a district director may be removed for inability 6 or refusal to properly perform the duties of the office. 7 The bill provides that the director, subject to the advice 8 and recommendations of the board, may secure options to 9 purchase real estate and acquire and sell real estate for the 10 proper uses of the institutions. Current law requires the 11 approval of the board. 12 -3- LSB 1399XD (1) 91 as/js 3/ 3