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Iowa Code (Last Updated: December 05, 2016) |
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Title IX. LOCAL GOVERNMENT |
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Chapter 356. JAILS AND MUNICIPAL HOLDING FACILITIES |
Section 356.7. Charges for administrative costs and room and board — enforcement procedures.
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1. The county sheriff, or a municipality operating a temporary municipal holding facility or jail, may charge a prisoner who is eighteen years of age or older and who has been convicted of a criminal offense or sentenced for contempt of court for violation of a domestic abuse order for the actual administrative costs relating to the arrest and booking of that prisoner, for room and board provided to the prisoner while in the custody of the county sheriff or municipality, and for any medical aid provided to the prisoner under section 356.5. Moneys collected by the sheriff or municipality under this section shall be credited respectively to the county general fund or the city general fund and distributed as provided in this section. If a prisoner who has been convicted of a criminal offense or sentenced for contempt of court for violation of a domestic abuse order fails to pay for the administrative costs, the room and board, or medical aid, the sheriff or municipality may file a reimbursement claim with the district court as provided in subsection 2. The county attorney may file the reimbursement claim on behalf of the sheriff and the county or the municipality. The attorney for the municipality may also file a reimbursement claim on behalf of the municipality. This section does not apply to prisoners who are paying for their room and board by court order pursuant to sections 356.26 through 356.35.
2. The sheriff, municipality, or the county attorney, on behalf of the sheriff, or the attorney for the municipality, may file a reimbursement claim with the clerk of the district court which shall include all of the following information, if known:
a. The name, date of birth, and social security number of the person who is the subject of the claim.
b. The present address of the residence and principal place of business of the person named in the claim.
c. The criminal proceeding pursuant to which the claim is filed, including the name of the court, the title of the action, and the court’s file number.
d. The name and office address of the person who is filing the claim.
e. A statement that the notice is being filed pursuant to this section.
f. The amount of room and board charges the person owes.
g. The amount of administrative costs the person owes.
h. The amount of medical aid the person owes.
i. If the sheriff or municipality wishes to have the amount of the claim for charges owed included within the amount of restitution determined to be owed by the person, a request that the amount owed be included within the order for payment of restitution by the person.
3. Upon receipt of a claim for reimbursement, the court shall approve the claim in favor of the sheriff or the county, or the municipality, for the amount owed by the prisoner as identified in the claim and any fees or charges associated with the filing or processing of the claim with the court. The sheriff or municipality may choose to enforce the claim in the manner provided in chapter 626. Once approved by the court, the claim for the amount owed by the person shall have the force and effect of a judgment for purposes of enforcement by the sheriff or municipality. However, irrespective of whether the judgment lien for the amount of the claim has been perfected, the claim shall not have priority over competing claims for child support obligations owed by the person.
4. This section does not limit the right of the sheriff or municipality to obtain any other remedy authorized by law.
5. a. Of the moneys collected and credited to the county general fund as provided in this section, sixty percent of the moneys collected shall be used for the following purposes:
(1) Courthouse security equipment and law enforcement personnel costs.
(2) Infrastructure improvements of a jail, including new or remodeling costs.
(3) Infrastructure improvements of juvenile detention facilities, including new or remodeling costs.
b. The sheriff may submit a plan or recommendations to the county board of supervisors for the use of the funds as provided in this subsection or the sheriff and board may jointly develop a plan for the use of the funds. Subject to the requirements of this subsection, funds may be used in the manner set forth in an agreement entered into under chapter 28E.
c. The county board of supervisors shall review the plan or recommendations submitted by the sheriff during the normal budget process of the county.
6. Of the moneys collected and credited to the city general fund as provided in this section, sixty percent of the moneys collected shall be used for police or law enforcement budget expenditures.
7. As used in this section, “administrative costs relating to the arrest and booking of a prisoner” means those functions or automated functions that are performed to receive a prisoner into jail or a temporary holding facility including the following:
a. Patting down and searching, booking, wristbanding, bathing, clothing, fingerprinting, photographing, and medical and dental screening.
b. Document preparation, retrieval, updating, filing, and court scheduling.
c. Warrant service and processing.
d. Inventorying of a prisoner’s money and subsequent account creation.
e. Inventorying and storage of a prisoner’s property and clothing.
f. Management and supervision.